Climate change is a human rights concern
Climate change is one of the most urgent challenges of our time. This calls on the global community to limit greenhouse gas emissions and fight global warming for the benefit of both present and future generations. A case from the Philippines shows that the National Human Rights Institutions (NHRIs) can play a key role in actions on climate change.
This will be the focus when a number of NHRIs get together at the sidelines of the UN climate conference COP22 in Morocco.
Climate change and human rights
Climate change directly and indirectly affects a range of specific human rights, such as the right to life and the right to health. Therefore states must mitigate climate change and prevent its negative human rights impacts. Moreover it implies an obligation on corporations to protect people from climate change harm and other related human rights violations since corporations have a responsibility to respect human rights and to do no harm.
The United Nations Human Rights Council has recognised climate change as a global problem, which has implications for the enjoyment of human rights. The Office of the High Commissioner for Human Rights (OHCHR) has pointed out that climate change requires global solutions, which should build on and reinforce human rights commitments. OHCHR also advocates for “a Rights-Based Approach to Climate Change”, meaning that the main objective of policies that address climate change should be to fulfil human rights. Even the 2015 Paris Agreement, that commits the signatories to limit the temperature increase, stipulates; “Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights…and intergenerational equity".
These advancements open a window of opportunities for legal cases against governments and companies for their contributions to climate change and global warming.
The case of the Philippines
Several cases of human rights violations caused by climate change have already been won in the courts of Pakistan, The Netherlands and USA.
A case from the Philippines stands out. The case involves the country's NHRI, illustrating that NHRIs can play a key role with regards to climate change.
The case from the Philippines is very exciting. It contrasts with other cases of human rights violations caused by climate change, as it is directly framed as a human rights case pled to an NHRI, rather than an environmental case argued to a court of general jurisdiction.
The 22 September 2015, 20 typhoon survivors and 13 civil society groups delivered a petition to the Commission on Human Rights of the Philippines (the NHRI of the Philippines) requesting an investigation into the responsibility of some 50 companies, referred to as the Carbon Majors. The allegation is that these companies knowingly contributed to the root causes of climate change and thus violated the human rights of Filipinos.
The group requests that “the Carbon Majors should be held accountable for violations or threats of violations of Filipinos’ rights”. The petition lists several human rights that, according to the petitioners, have been violated as a result of the adverse impacts of climate change: The right to life, the right to the highest attainable standard of physical and mental health, the right to food, water, sanitation, adequate housing and to self-determination.
The petition asserts that the Filipino constitution authorizes the Filipino NHRI to investigate alleged human rights violations and to recommend to the executive and legislative branches appropriate responses to identified harms. The petitioners also try to make the NHRI speak out in favor of legislative action on climate change.
A response from the NHRIs
Today, the National Human Rights Council of Morocco will host a meeting for NHRIs from all over the world, to discuss and reflect on their role in the implementation of the Paris Agreement on Climate Change.
In this setting, the Danish Institute for Human Rights (DIHR), along with other NHRIs within the Global Alliance of National Human Rights Institutions (GANHRI), will discuss and adopt a Declaration arguing that climate change is a human rights concern and therefore a concern of the NHRIs. This Declaration is to be presented at the 22nd Conference of the Parties (COP 22) under the UN Framework Convention on Climate Change in Marrakech starting tomorrow.
We expect that the discussion today in Morocco will lead to the adoption of a Declaration on the role of NHRIs in monitoring the implementation of national and international climate change related frameworks.
The emerging attention to cases of human rights violations caused by climate change show a common strategy: the use of international climate change agreements and norms, combined with human rights law and principles of intergenerational equity to hold individual countries and companies accountable.
With this in mind it is highly likely that more complaints or petitions, similar or in line with the complaint in the Philippines, will be filed in coorporation with the NHRIs.
In general, NHRIs can contribute to a human rights-based monitoring of national climate change related frameworks, they can advise governments on how to protect human rights in relation to climate change – also in relation to business - and they can provide remedies to human rights violations.
National Human Rights Institutions (NHRIs) constitute key elements of strong and effective national human rights protection systems. NHRIs are established as independent State bodies with a constitutional and/or legislative mandate to protect and promote human rights. The NHRI mandate typically includes research and advice; education and promotion; monitoring and reporting; investigation; conciliation and remedies; cooperation with national and international organisations; and interaction with the judiciary.
Cases of cases of human rights violations caused by climate change:
The Netherlands
The Dutch NGO ‘Urgenda’ and 900 Dutch citizens in 2015 won a lawsuit against the Dutch State. This case has primarily been ruled as a tort case under Dutch law, with human rights law and case law of the European Court of Human Rights creating (the basis of) a duty of care of the Dutch State. The Court ruled that the Netherlands has a duty of care and has to step up efforts on greenhouse gas reductions, in line with international treaty obligations to this effect. The Dutch court defined a principle of fairness towards future generations in relation to climate change and thus integrated intergenerational equity in the verdict, which was later confirmed in the Paris Agreement.
United States of America
The Children’s Trust has supported climate cases in six different States in the USA, invoking the human rights of young American citizens. These cases involve young people who sue the Departments of Ecology (DEP) in their state. The cases are based on human (and constitutional) rights, for instance proclaiming to ‘securing the legal right to a stable climate and a healthy atmosphere for all present and future generations’. Several cases have been won as judges have ruled that existing schemes fall short and ordering annual reductions in greenhouse gases.
Pakistan
The Lahore High Court concluded that Pakistani human rights (including the right to life, which includes the right to a healthy and clean environment and the right to human dignity) and constitutional law and inter and intra-generational equity and public trust doctrine supported a ruling against the government in a case started by farmer Leghari. Mr. Leghari challenged the inaction, delay and lack of seriousness on the part of the federal government and the government of Punjab to address climate change. The court reasoned climate change to be a defining challenge of our time that has led to dramatic alterations in our planet’s climate system, including the heavy floods and droughts that have affected Pakistani water and food security.