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The United Nations has the unique ability to forge agreements and implement
normative frameworks. It is also in a strong position to promote guiding principles
into becoming international treaties or domestic laws. It can catalyze the development
of mechanisms and processes for hearing human rights cases, especially those
involving transboundary harm, universal liability, cross-jurisdictional enforcement,
compensation, and proportional liability.
The Commission also recognizes the central role of the United Nations in engaging
the business community to deliver climate goals. Developing binding instruments
that promote responsible business standards, including compelling the business sector
to fulfill their human rights responsibilities for a more inclusive and transformative
climate action.
5. To National Human Rights Institutions
The climate crisis calls not just for an evaluation of State obligations on human rights,
but of the human rights responsibilities of businesses, as well.
NHRIs “play a crucial role in promoting and monitoring the effective implementation
of international human rights standards at the national level”540 and bridging
stakeholders to “promote transparent, participatory and inclusive national processes
of implementation and monitoring.”541 In the face of one of the greatest human rights
challenges of our time, the Commission notes that NHRIs around the world are rising
to the challenge and have increased engagements aimed at protecting climate-affected
rights.542
In October 2015, the Global Alliance of National Human Rights Institutions
(GANHRI) adopted the Mérida Declaration, encouraging all NHRIs to “influence
the national process of implementation and accountability to ensure human rights are
540
United Nations Human Rights Office of the High Commissioner, UN Human Rights and NHRIs,
available at https://www.ohchr.org/EN/Countries/NHRI/Pages/NHRIMain.aspx.
541
The Mérida Declaration, The Role of National Human Rights Institutions in Implementing the 2030
Agenda for Sustainable Development, para. 15 [hereinafter as Mérida Declaration].
542
Nathaniel Elsen & Nina Eschke, Climate Change and Human Rights, The Contributions
Human Rights Institutions: A Handbook (2020 ed.).
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