comprehensive development”. It also emphasizes that “all human beings have a responsibility for development, individually and collectively… and they should therefore promote and protect an appropriate political, social and economic order for development”. The UN Guiding Principles on Business and Human Rights confirm that businesses also have human rights responsibilities. They reaffirm that all responsible actors should be held accountable for the negative impacts of their activities and that all actors share responsibility for remedying these impacts. 8 The basic human rights principles of equality and non-discrimination require action to address and remedy the disproportionate impacts of climate change on the most marginalized and to ensure that climate actions benefit persons, groups and peoples in vulnerable situations and reduce inequalities. The disproportionate impacts of climate change on persons in vulnerable situations raise concerns of climate justice, fairness, equity and access to remedy. The Universal Declaration of Human Rights, the International Covenant of Civil and Political Rights (ICCPR) and other human rights instruments make it clear that all persons who suffer human rights harms are entitled to access to effective remedy. The Human Rights Council panel repeatedly called for climate justice and immediate action to mitigate and adapt to climate change. Prime Minister Enele Sopoaga of Tuvalu described the human rights impacts of climate change as an issue of justice that requires immediate international action and adequate compensation of victims. According to Olav Fykse Tveit, General Secretary of the World Council of Churches, the disproportionate impact of climate change on persons least responsible for climate change and most vulnerable to it is an issue of fundamental injustice. The Declaration on the Right to Development by calling for the fair distribution of the benefits of development and for developed countries to assist developing countries, embraces the need for equitable development. International cooperation, equality and non-discrimination, accountability and equity reflect human rights commitments and are critical to address climate change. The principle of equity, including intergenerational equity, is also specifically recognized in the UNFCCC which calls for all parties to “protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities”. In spite of the above, State commitments under the UNFCCC have so far failed to provide for and ensure the implementation of adequate mitigation and adaptation measures to limit climate change and its adverse effects on human rights, the economy, public health and the environment. The UNFCCC is a framework convention and it is open to evolution and continuing negotiations. There is a high degree of hope that the agreement negotiated at COP21 in Paris and any subsequent agreements will raise the level of ambition of climate action in order to protect human rights from the adverse effects of climate change. In these negotiations and throughout related processes, the human rights principles of transparency, participation and accountability have an important role to play.9 “Participation is a basic human right in itself, [and] a precondition or catalyst for the realization and enjoyment of other human rights.”10 In order to ensure sustainable 8 The legal obligations of States and enterprises to address climate change are the subject of growing consensus and analysis. See e.g. the Oslo Principles on Global Obligations to Reduce Climate Change (1 March 2015) available at: http://www.osloprinciples.org/principles/ (last accessed 7 October 2015). 9 The Aarhus Convention of the United Nations Economic Commission for Europe on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters highlights the importance of these principles in the context of environmental issues. 10 United Nations General Assembly, A/HRC/23/36: Report of the Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda Carmona (New York: United Nations, 2013), Summary. Page 8 of 28