Integrating human rights at the UNFCCC

The Office of the High Commissioner for Human Rights (OHCHR) and the Human Rights Council (HRC) have highlighted the links between climate change and human rights and continue to call for a rights-based approach to guide global policies and measures designed to address climate change. The HRC has highlighted the importance of addressing human rights in the context of on-going discussions related to the United Nations Framework Convention on Climate Change (UNFCCC) and the 2030 Agenda for Sustainable Development.

It has recognized that “climate change-related impacts have a range of implications, both direct and indirect, for the effective enjoyment of human rights”. By emphasizing that “human rights obligations and commitments have the potential to inform and strengthen international and national policymaking in the area of climate change,” the Council reaffirms the importance of applying a human rights-based approach to the global response to the climate crisis (Resolution 10/4, 25 March 2009).

The first direct reference to human rights in the context of the UNFCCC was made in 2010, when decision 1/CP.16 referred to HRC resolution 10/4, which recognizes the adverse effects of climate change on the effective enjoyment of human rights and called upon all States to ensure respect for human rights in their climate actions.  The Preamble to the Paris Agreement to the UNFCCC (1/CP.21) expands upon this language calling for all States when taking action to address climate change, to “respect, promote and consider their respective obligations on human rights”.

The following are actions and resources related to OHCHR’s continued efforts to integrate human rights in climate change mitigation and adaptation, particularly with regard to the work of the UNFCCC.

Integrating human rights in the implementation guidelines of the Paris Agreement

OHCHR continues to work to ensure that human rights are integrated in the implementation guidelines of the Paris Agreement. OHCHR’s submission to the 46th meeting of the subsidiary bodies of the UNFCCC outlined key priorities in this regard. The briefing note on this subject prepared by the Human Rights and Climate Change Working Group provides a useful analysis of key priorities and entry points for human rights in the implementation guidelines.

During SB 48, OHCHR worked actively with members of the Human Rights and Climate Change Working Group, the COP23 Presidency, and other Member States, including the Geneva Pledge for Human Rights in Climate Action, to promote integration of human rights in the guidelines for implementation of the Paris Agreement. OHCHR participated in and / or co-organized a number of side events on human rights and climate change.

• Protecting human rights in international carbon markets - webcast.
• Leveraging Human Rights for Effective Climate Action - Guiding the Implementation of the Paris Agreement - webcast.
• Promoting the right to participation in climate action - webcast.

OHCHR also participated in the Durban Forum on Capacity-Building, the Paris Committee on Capacity-Building, the Talanoa Dialogue, the ACE Workshop, the Gender Workshop, the Local Communities and Indigenous Peoples Workshop and a number of multilateral and bilateral conversations about human rights and climate change. More details to follow.

OHCHR contributions at the 22d Conference of the Parties to the United Nations Framework Convention on Climate Change (Marrakech 7-18 November 2016)

• Statement at side event, Human Rights and Gender Equality in the Implementation of the Paris Agreement, 15 November 2016
• Statement at side event, Human Mobility and Climate Change: Displacement, Migration, Planned Relocation, 10 November 2016
• Statement at side event, Sustainable Food Systems and Agro-ecological resilience for biodiversity and health, 9 November 2016 (video recording of the event)
• Statement at NHRI special event, What role can NHRIs play in monitoring the implementation of sustainable development goals and commitments under the Paris Agreement on Climate Change, 6 November 2016

OHCHR Submissions to the UNFCCC and related mechanisms

• Comments of the Office of the High Commissioner for Human Rights on the Review of the Terms of Reference of the Independent Redress Mechanism of the Green Climate Fund
• OHCHR response to UNFCCC Secretariat request for submissions on the Nairobi Work Programme: impacts, vulnerability and adaptation to climate change: health impacts, including occupational health, safety and social protection, FCCC/SBSTA/2016/2, para 15(a) (i), 2016
• OHCHR response to the UNFCCC Secretariat request for submissions on the Lima Work Programme on Gender: views on possible elements and guiding principles for continuing and enhancing the work programme (SBI), FCCC/SBI/2016/L.16, paragraph 5, 2016
• OHCHR response to the UNFCCC Secretariat request for submissions on the Paris committee on Capacity-Building: views on the annual focus area or theme for the Paris Committee on Capacity-Building for 2017 (SBI), FCCC/SBI/2016/L.24, 2016.
• OHCHR response to UNFCCC Secretariat request for submissions on the Paris Agreement (APA): views and guidance related to intended nationally determined contributions, adaption communications, the transparency framework, and the global stocktake, and for information, views and proposals on any work of the APA, FCCC/APA/2016/2, 2016.
• OHCHR response to UNFCCC Secretariat request for submissions on the future UNFCCC Sustainable Development Mechanism: regarding the rules, modalities and procedures for the mechanism established by Article 6, paragraph 4, of the Paris Agreement, FCCC /SBSTA/2016/2, para. 100, 2016.

Human rights and climate change resources

• OHCHR expert meeting on climate change and human rights, 6-7 October, 2016
• Applying a Human Rights-Based Approach to Climate Change Negotiations, Policies and Measures, OHCHR
• Key Messages on Human Rights and Climate Change, OHCHR
• Understanding Human Rights and Climate Change, submission of the OHCHR to the 21st COP to the UNFCCC, 2015
• Burning Down the House, op-ed from the High Commissioner for Human Rights on climate change and human rights.
• Geneva Pledge for Human Rights in Climate Action, outcome from Climate Justice Dialogue, 2015: a voluntary initiative led by Costa Rica to facilitate the sharing of best practices and knowledge between human rights and climate experts at a national level.
• Human Rights and the 2030 Agenda for Sustainable Development, OHCHR
• The Future We Want, outcome document from Rio­+20, the United Nations Conference on Sustainable Development on the importance of human rights for achieving sustainable development, A/RES/66/288, 2012
• Open letter to all Permanent Missions in New York and in Geneva from Navanethem Pillay, High Commissioner for Human Rights regarding State responsibilities to advance a green economy while meeting human rights obligations, 2012
• Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, annual report by the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment to the 31st Session of the Human Rights Council, A/HRC/31/52, 2016
• See OHCHR’s other documents and resources for more information related to climate change and human rights.