Parties to the United Nations Framework Convention on Climate Change (UNFCCC) have recognized that they should fully respect human rights in all climate-related actions, and, at the time they negotiated the 1992 UNFCCC in Rio de Janeiro, principles of public participation and sustainable development were at the forefront of their minds, as embodied in the Rio Declaration of the same conference. Since then, the UNFCCC Conference of the Parties (COP), the UN Human Rights Council, and other bodies have helped to further develop and clarify the legal obligations related to climate change.
Yet, as this policy brief demonstrates by discussing the applicable law and UNFCCC-related case studies, the realization of these obligations has not fully materialized through implementation of the UNFCCC.
This policy brief highlights the opportunity to learn from these positive and negative outcomes of UNFCCC-related projects and actions, and to ensure the Paris outcome is robust, consistent with human rights obligations, and a reflection of the mindset of the UNFCCC drafters’ commitment to sustainable development and public participation.
To this end, this policy brief offers the following recommendations:
Include this language in Article 2 of the Paris agreement:
- All Parties shall, in all climate change-related actions, respect, protect, promote, and fulfill human rights for all, including the rights of indigenous peoples; ensuring gender equality and the full and equal participation of women; ensuring intergenerational equity; ensuring a just transition of the workforce that creates decent work and quality jobs; ensuring food security; and ensuring the integrity and resilience of natural ecosystems
Establish best-practice guidelines with clear, detailed guidance on local stakeholder consultation, including:
- who must be consulted (at minimum, affected people)
- how (through means of communication, including language and media, appropriate to the people being contacted); and
- when (early and throughout the project cycle, to ensure a communication channel if the project causes harm after approval or registration)
Adopt clear, detailed guidance for sustainable development assessment and monitoring based on sustainable development indicators, including on:
- minimum standards for sustainable development, reflecting international law obligations including the do-no-harm principle and requiring assessment throughout the project cycle and with indicators made publicly available
- public participation
- gender equality; and
- safeguards against negative social and environmental impacts
- establish international-level communication channels and grievance mechanisms for people and communities regarding social and environmental impacts of climate change mitigation projects or actions; and
- adopt guidance, including minimum standards, for establishing grievance and complaint procedures at the national level, with reporting and transparency requirements