CLIMATE CHANGE AND HUMAN RIGHTS Human Rights Safeguards for International Climate Finance Mechanisms – The safeguards for the various climate funds and other mechanisms used to finance mitigation and adaptation projects should be made uniform and revised to fully account for human rights considerations. The Adaptation Fund policy provides a good model, although it would be useful to flesh out many of the provisions in that policy with more detailed guidance. In particular, these safeguards should specify procedural requirements as well as substantive requirements—e.g., “no harm” rules to ensure that projects do not adversely affect local communities. One way to achieve this would be to establish a social and environmental safeguard policy that applies to all UNFCCC mechanisms and funds, accompanied by a more detailed implementation guide. Financial Assistance to Developing Countries – It is imperative that developed countries increase financial assistance to developing countries, and in particular, the LDCs and countries that are most vulnerable to the impacts of climate change. In particular, the amount of funding available for adaptation measures in these countries should be significantly increased in order to account for the disproportionate adverse effects of climate change on people, settlements, and ecosystems. The $100 billion goal should not be viewed as an overarching goal for all climate finance in developed countries, as it is inadequate even to cover the cost of mitigation measures (let alone adaptation measures). Rather, separate funding targets should be established for adaptation measures. Climate Displacement and Migration – Climate change could contribute to the temporary displacement and permanent migration of millions of people in the coming decades. Countries should cooperate in the development of an international mechanism for addressing climate-induced displacement and migration, both within and across domestic borders. Proposals have already been made for the creation of “Climate Change Displacement Coordination Facility” within the UNFCCC, and countries should consider supporting the development of such a facility.289 Loss and Damage – Countries should also continue to discuss the broader issue of loss and damage in a transparent way that will address the concerns of all affected countries. This could occur within the framework of the existing Warsaw Mechanism, or a new platform could be developed (most likely within the UNFCCC). Additional stakeholders—such as the UN human rights agencies and expert bodies—could be included in this dialogue. New Mechanisms for International Coordination and Accountability – To facilitate the activities noted above and other rights-related goals, it may be desirable to introduce new mechanisms for sharing information, coordinating responses, and promoting accountability. Some examples might include: • Work Programme on Human Rights – The COP could establish a work program on human rights, pursuant to the recommendation of the Special Procedures mandate-holders of the Human Rights Council.290 This work programme could compile data, conduct research, evaluate progress, and develop recommendations on how human rights can be better integrated into climate change responses. • Information Sharing Platform – Alternatively, or as a complement to a UNFCCC work program, the COP and/or another UN body could introduce a platform for compiling and sharing information and best practices—e.g., examples of successful mitigation and adaptation measures with human rights co-benefits, national and sub-national policies that are particularly mindful of human rights, and costeffective strategies for improving public participation in climate-related decision-making. • Human Rights Accountability – The COP or another UN body could establish an independent accountability mechanism to evaluate human rights performance in the context of climate-related actions taken by countries and private actors. The UNHCR could also issue a declaration or guidance document calling upon countries to incorporate climate-related considerations into their UPR reports. 289 For a discussion of possible functions that this facility could serve, see Jessica Wentz and Michael Burger, Designing a Climate Change Displacement Coordination Facility: Key Issues for COP 21 (Sabin Center for Climate Change Law 2015). 290 An Open Letter from Special Procedures Mandate-holders of the Human Rights Council to the State Parties to the UNFCCC (Oct. 17, 2014), supra note 160. R E C O M M E N D AT I O N S 41

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents