CLIMATE CHANGE AND HUMAN RIGHTS
•
14 discussed the impact of climate change and mitigation and/or adaptation responses on indigenous
peoples.211
Notably, all of the INDCs that discuss any of these three topics were submitted by developing countries and least
developed countries. These countries often noted the need to implement their mitigation and adaptation targets
with full respect for human rights or related issues (e.g., gender equality, indigenous rights), without providing
much detail on how this would occur.212 The INDCs submitted by developed countries do not mention human
rights, gender, indigenous peoples, or other relevant considerations (e.g., equity, poverty alleviation, and ensuring
access to basic goods and services).213
A report published by the Mary Robinson Foundation in 2014 also concluded that the majority of country reports
to the UNFCCC and the UNHRC do not address the link between human rights and climate change.214 Some of
the key findings from that report included:
•
49 countries explicitly mentioned human rights in National Communications and National Adaptation
Plans of Action (NAPAs) submitted to the UNFCCC between 2010 and 2014. This included 39% of the
National Communications and 4% of the NAPAs that were submitted during that period.215
•
Procedural rights were more frequently discussed than substantive rights in the National Communications
submitted to the UNFCCC. 20% of these communications discussed procedural rights (10% developed/
10% developing), and 13% discussed substantive rights (1% developed/12% developing).216
•
45 countries explicitly mentioned the human rights impact of climate change in their national reports
to the Universal Periodic Review of the HRC between 2010 and 2014. These included 12% of the
submissions from developed countries, 29% of the submissions from developing countries, 32% of
submissions from least developed countries (LDCs), and 45% of the submissions from small island
development states (SIDS).217
•
Only 12 countries made the link between human rights and climate change in reports to both the
UNFCCC and the HRC.218
The report concluded that further steps are needed to ensure that countries will integrate human rights
considerations into their climate policies, and also account for climate change when reporting on human rights
performance.
While the failure to report on the linkages between human rights and climate change is not itself a violation of
human rights obligations, it does suggest that many countries are not thinking about these obligations when
formulating climate change plans and policies. It also makes it more difficult for the international community to
assess what countries are doing to address the human rights implications of climate change.
3.2 Mitigation Measures and Commitments
The “emissions gap”— the gap between the aggregate effect of actions and commitments by parties to the
UNFCCC and the emissions reductions required to keep warming at or below 2°C219—is a major concern from
a human rights perspective. The parties have significantly increased their mitigation ambition in the lead-up to
the Paris Agreement. But there is more to be done. Moreover, many countries dispute whether the 2°C is really
adequate to prevent “dangerous anthropogenic interference” with the atmosphere and the natural systems that
211 These countries include: Brazil, Cameroon, Central African Rep, Costa Rica, Guatemala, Honduras, Lao, Mexico, Paraguay, Peru, Philippines, South Africa,
Vietnam, Zimbabwe. Id.
212 See, e.g., Federative Republic of Brazil, Intended Nationally Determined Contribution 1 (2015); Government of Costa Rica, Ministry of Environment and
Energy, Costa Rica’s Intended Nationally Determined Contribution 11 (2015).
213 See, e.g., INDCs submitted by Australia, Canada, the European Union, Japan, New Zealand, Norway, and the United States.
214 Mary Robinson Foundation, Incorporating Human Rights into Climate Action (Oct. 2014).
215 Id. at 4.
216 Id. The report also noted that parties to the Aarhus Convention (predominantly developed countries) were 4 times more likely to refer to the right to
access to information, which implies that the Aarhus Convention is “successful at promoting the inclusion of human rights in policy making.”
217 Id. at 5.
218 Id. at 6.
219 UNEP, The Emissions Gap Report (2015).
I M P L E M E N TAT I O N A S S E S S M E N T
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