INTRODUCTION Introduction The natural environment provides human beings and the communities in which we live with the resources we need to achieve lives of dignity and well-being – clean air to breathe; clean water to drink; food to eat; fuels for energy; protection from storms, floods, fires and drought; climate regulation and disease control; and places to congregate for aesthetic, recreational and spiritual enjoyment. These environmental endowments—often referred to as ecosystem services—are at once essential to core survival and vital to human flourishing. As the nations of the world declared in The Future We Want, the outcome document of the 2012 Rio+20 conference, sustainable development requires that we angle toward “harmony with nature.”1 To achieve this idea, we must balance economic, social and human development with “ecosystem conservation, regeneration and restoration and resilience in the face of new and emerging challenges.”2 The nature of the linkages between the environment and human rights has been debated for years. However, it has long been recognized that a clean, healthy and functional environment is integral to the enjoyment of human rights, such as the rights to life, health, food and an adequate standard of living. This recognition offers one reason the international community has banded together through multilateral environmental agreements (MEAs) to prohibit illegal trade in wildlife, to preserve biodiversity and marine and terrestrial habitats, to reduce transboundary pollution, and to prevent other behaviors that harm the planet and its residents. In short: Environmental protection protects human rights. At the same time, adherence to human rights—such as those that ensure public access to information and participation in decision making—contributes to more just decisions about the utilization and protection of environmental resources, and protects against the potential for abuse under the auspices of environmental action. Thus, domestic environmental laws and MEAs can both be strengthened through the incorporation of human rights principles, even as they contribute to the ongoing realization of human rights. Anthropogenic climate change is the largest, most pervasive threat to the natural environment and human rights of our time. Climate change has already begun to have far-reaching environmental impacts, including many adverse effects on wildlife, natural resources and the ecological processes that support access to clean water, food, and other basic human needs. These impacts, combined with direct harms to people, property, and physical infrastructure, pose a serious threat to the enjoyment and exercise of human rights across the world.3 The mandate to take immediate action to both reduce the greenhouse gas emissions that contribute to global climate change and enact measures that reduce vulnerability and increase resilience to climate change impacts is clear. Yet, certain responses to climate change—including both mitigation and adaptation activities—can also interfere with human rights, as has been the case for a number of hydroelectric and biofuel projects undertaken, in part, to reduce global greenhouse gas emissions. It is critical that as the world endeavors to address the “super wicked” problem of climate change it do so with full respect for human rights. Over the course of the last decade the international community has arrived at a clear consensus on all of these issues. Yet, while United Nations agencies and national governments have explicitly acknowledged that climate change and responses to climate change can impair human rights, there has been less agreement on the corresponding obligations of governments and private actors to address this problem. The purpose of this report is to inform the decisions undertaken by the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC) at COP-21, as well as other activities undertaken by governments and private actors, by providing an up-to-date assessment of the relationship between climate change and human rights law and by making recommendations for incorporating a human rights lens into international and domestic climate action. Part I describes the latest projections and observations of how climate change impacts and responses can affect the environment, individuals and communities and the exercise of human rights. Part II summarizes the obligations of governments and private actors to respond to these impacts. Part III discusses the implementation of these obligations, focusing primarily on activities undertaken by national governments either within or outside of the UNFCCC context. Part IV provides recommendations on how the COP, national governments, and other actors can better integrate human rights considerations into their mitigation and adaptation activities. 1 2 3 UN GA Res. 66/288, The Future We Want, p. 40, UN Doc. A/RES/66/288 (July 7, 2012). Id. p. 4. See, e.g., UNHRC Resolutions 10/4 (March 25, 2009), 18/22 (Oct. 17, 2011), and 26/27 (June 27, 2014). 1