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Climate change in human rights’ context

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Climate change in human rights’ context

The negative impact of climate change is gaining more and more visibility around the world. If we look back and compare the conditions of ecological damage now and then, we will see clearly that climate change is real not only in one particular country but across the planet where we live. While many are still inclined to think of climate change as a problem of the future and thus of future generations, all over the planet – including places such as the Philippines, Ethiopia, Latin America, western European countries – climate change already is very real and directly affects the right to life, survival and development of many people.

Climate change and Global Warming are often used interchangeably. Global warming refers to the rise in the global average temperature near the earth’s surface and is just one aspect of climate change. Records indicate that today’s climatic warming, particularly the warming since the mid-20th century, is occurring much faster than ever before and can’t be explained by natural causes only (Natural Resources Defense Council 2017). Among many other factors, the greenhouse gas (GHG) emissions we generate are the leading cause of the earth’s rapidly changing climate. “Urgent action on climate change is clearer than ever. We have very little time before the window of opportunity to stay within 2°C closes forever but we still have that opportunity” (IPCC).  A variety of factors, both natural and human, can influence the earth’s climate system.

The Sustainable Development Goal 13 (SDG) underlines the necessity to take an urgent action to combat climate change and its impacts. The targets of the goal include: strengthening resilience and adaptive capacity to climate related disasters in all countries; integrate climate change measures into national policies, strategies and planning; improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warning; mobilizing jointly $100 billion annually by 2020 from all sources to address the needs of developing countries in the context of meaningful mitigation actions; promote mechanisms for raising capacity for effective climate change-related planning and management in least developed countries and small island developing States, including focusing on women, youth and local and marginalized communities (The Global Goals for Sustainable Development, Goal 13).

Yet, Climate change has gained the meaning of wicked problem in a sense that we don’t know much in-depth about it, we constantly discuss about it but it has uncertain timescale, we are trying to find solution but there’s no single solution for it. It is uncertain, but has gained greater implication. Societal actors, climate activists, academics, politicians agree that the issue is acute and requires a well-developed solution in all levels but so far, we don’t see clearly what are the systematic approaches adapted toward resolving the problem. Governments, and other actors (public and private) are falling short in mitigation and adaptation efforts. Those best placed to address the matter, and carrying a major responsibility for the causes of the problem, are often least inclined to take action.

One thing is clear in this obscure condition, the lives and livelihoods of present and future generations of mankind are already, and will be, affected by climate change. This raises various human rights issues and jeopardizes the potential to full rights to life, health, education, livelihood, food, water etc. “Climate change isn’t simply a political or economic issue. It’s a human rights issue, perhaps the biggest one in human history. If we continue spewing greenhouse gases into the atmosphere, we not only destroy ecosystems and drive species to extinction, we indirectly violate human rights” (Earthday.org 2019). Consequently, the solution for climate change must be integrated into human rights framework. “The human rights framework also requires that global efforts to mitigate and adapt to climate change should be guided by relevant human rights norms and principles including the rights to participation and information, transparency, accountability, equity, and nondiscrimination” (OHCHR :7).

Moreover, the Preamble of the Paris Agreement to the United Nations Convention on Climate Change   explains that “when taking action to address climate change, the Parties should respect, promote and consider their respective obligations on human rights” (Paris Agreement Preamble 2015:2).

Although there is a very clear implication of the importance of human rights in preventing climate change, however the preventative actions taken by the international community so far has not been directed to the human rights perspective.  In fact, some of the climate change mitigation and adaptation efforts that have been employed to date have had counterproductive human rights impacts, particularly on the most marginalized (OHCHR 2015:10). The disproportionate impact of climate change on persons least responsible for climate change and most vulnerable to it has become an issue of fundamental injustice. According to the IPCC, “people who are socially, economically, politically, institutionally or otherwise marginalized are especially vulnerable to climate change and also to some adaptation and mitigation responses”. (OHCHR 2015: 54)

Among other communities, indigenous people are the examples of the groups who are frontline victims of the climate change. Indigenous communities live in all regions of the world, occupy 22% of global land area. Numbering between 370-500 million, they represent the greater part of the world’s cultural diversity (UNESCO). Indigenous communities are literally depended on the nature and have already faced the devastating impacts caused by the climate change. The United Nations Declaration on the Rights of Indigenous Peoples acknowledges that “Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired” (UN Declaration on the Rights of Indigenous Peoples).

However, altogether political, economic and social marginalization, the indigenous communities are already  experiencing the impact of rising temperatures, melting glaciers, deforestation, toxic spills and contamination. Climate change threatens their rights to self-determination, development, food, water, land and culture, among others. In this context, it is critical to remember that although specific rights may be discussed separately, “all human rights are universal, inalienable, indivisible, interdependent and interconnected” (United Nations Human Rights, Office of the High Commissioner). Violation of one right can have far-reaching consequences for other, and in some instances, all human rights. The need for a human rights based approach gains particular importance in this aspect. Recognizing indigenous communities as rights-holders, giving the rights-holders capacities to make their claims and letting the indigenous knowledge out of the box, is an important prerequisite for the policies and actions aiming at preventing, mitigating and adapting to climate change.

There is an urgent need for mobilizing the individual and communal powers locally and starting the problem resolution from grassroots that gives space and opportunities to find sustainable solutions based on the traditional and local knowledge. At the same time, grassroots solutions should have a voice at international level, what we call the global governance – where institutions together with multiple actors come up with the realistic approaches. This is an approach that engages global institutions together with all interested and mostly, affected actors in problem solution. Such approach will empower the affected groups, guarantee their participation in decision-making processes, make them part of the climate change solution agenda and contribute to the protection of basic human rights.

References

“Climate Change is a Human Rights Issue”, (2019), accessed 7 June 2021 <https://www.earthday.org/climate-change-is-a-human-rights-issue/>.

Global Climate Change: What you need to know (2017), accessed 7 June 2021 <https://www.nrdc.org/stories/global-climate-change-what-you-need-know>.

Intergovernmental Panel on Climate Change (IPCC) accessed 8 June 2021. <https://www.ipcc.ch/2020/08/31/st-30th-anniversary-far>.

Paris Agreement (2015), Preamble,  accessed 7 June 2021 <https://unfccc.int/files/essential_background/convention/application/pdf/english_paris_agreement.pdf>.

Sustainable Development Goals, 13, accessed 7 June 2021 https://www.un.org/sustainabledevelopment/climate-change/.

The Global Goals for Sustainable Development, accessed 7 June 2021 <https://www.globalgoals.org/13-climate-action>.

United Nations Human Rights Office of the High Commissioner, accessed 7 June  2021 <https://www.ohchr.org/Documents/Issues/ClimateChange/COP21.pdf>.

UNESCO, accessed 8 June 2021 https://en.unesco.org/indigenous-peoples.

United Nations . United Nations Declaration on the Rights of Indigenous Peoples (2008). Geneva, Switzerland: United Nations;

By Mahmoud Refaat: The European Institute for International Law and International Relations.

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