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The Human Rights Council takes a major step forward in climate change.
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The Human Rights Council takes a major step forward in climate change.

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Michelle Bachelet, United Nations High Commissioner for Human Rights, delivers a speech at opening of the 49th session UN Human Rights Council in Geneva (Switzerland), February 2022.


The urgent threat of the existential danger of the Climate crisisContinues to rise. At its 49ThRegular session, the Human Rights Council will make a significant step forward in addressing the relationships between climate change and human rights by appointing a Special Reporteur on the promotion of and protection of human right in the context of climate.

The Special Rapporteur faces challenges due to the scope of the mandate, the wide range of expectations about priorities, and the limited professional resources. To maximize the potential of this new mandate for climate action, the chosen mandate holder will need to set clear priorities, provide leadership and catalyze the efforts made by human rights activists and experts, and take an action-oriented, pragmatic approach.

The Council’s Consultative group has nominated Ian Fry of Tuvalu, senior lecturer at the Australian National University of Canberra and previously Ambassador for Climate Change and Environment for the Government of Tuvalu, and Astrid Puentes Riaño of Mexico, independent consultant currently working at the American University Washington Law School. They were selected from a strong field. 26 applicants.

These nominations led to Ambassador Federico Villegas being elected President of the Human Rights Council. ProposedIan Fry is being considered for the position of Special Rapporteur. The Council will make its final determination at the end March. Normally, the new mandate holder will take office on the 1st May 2022 for a initial term of three years, renewable once.

Some exceptions are made, mainly in the area of litigation. The global human rights community Continue readingTo Struggleto use the force of human rights for shaping climate action. The new Special Rapporteur is highly anticipated, as his work will be both urgently needed and crucial. The mandate’s scope is vast, as 14 often-detailed paragraphs of this report show. resolution 48/14It is crucial that the new Special Reporteur picks priorities carefully.

You can see the January 2021 list to get an idea of the competing priorities. ReportConsultations organized by top NGOs with civil society, Indigenous Peoples and local communities. This report also shows significant regional variations in what is expected from a Special Rapporteur for climate change. These variations are not restricted to civil society.

Resolution 48/14 states that the Special Rapporteur for climate change must report to the 50Thsession of HRC, which will begin on 13th June 2022. The report to that session should be clear and concise.

The Special Rapporteur could rather use the first to reflect on the extensive amount of work done by other agencies on climate change. Special Procedures, Treaty bodiesThe Office of the UN Human Rights High Commissioneras well as other UN systems. Such a stocktaking would help The Special Rapporteur avoid doing what is already well in hand and could serve as the basis for further cross-regional consultations aimed at informing the Special Rapporteur’s priorities and plan of action for the report to the 77thsession of the UN General Assembly to be considered in October 2022.

The Special Rapporteur should aim to provide leadership and focus for human rights thought on climate action. The mandate should complement and not be replaced by the work of other Special procedures and human rights mechanisms. It must avoid the “blah, blah, blah” that has characterized far too much discussion and be directed to practical pragmatic measures to support climate action. It should encourage others.

It is crucial that national climate action pays more attention to human rights. The Special Rapporteur can play an important role there by drawing upon state good practice to provide guidance on how to account for human rights in the revision and elaboration of climate legislation. Contributions determined by the nationSubmissions to the Global Stocktakeunder the Paris Agreement. To protect the rights and interests of the most vulnerable people and populations, including those whose existence is threatened by climate change’s devastating effects, it is necessary to make proposals for action-oriented steps.

The mandate should complement and not be replaced by the work of other Special procedures, other human rights mechanisms, or activists on climate action.

The Special Rapporteur should encourage the development and implementation of measures to support the Only transitionsTo address climate change globally, they are necessary. These would include guidelines for rights-based democratic consultations and human rights impact assessments of climate changes mitigation and adaptation measures.

The Special Rapporteur must have the support of scientists, civil societies, and other interested parties to succeed in a difficult and important mission. However, the mandate demands that the Special Rapporteur has substantial professional support. This is necessary to ensure his independence and integrity. The Office of the High Commissioner for Human Rights currently provides limited support for Special Procedure mandates to junior staff.

The immediate dearth of resources must be rectified quickly if the Special Reporteur is to fulfill his mandate as set forth in resolution 48/14. In 2019, the Climate Vulnerable Forum, a group of 55 countries with low and middle incomes. Promised$50,000 to support a Special Representative on climate change. Donors with greater financial resources should make proportionate contributions to the new mandate.  

If governments and businesses begin to truly rise to the magnitude and urgency of action required to limit global warming to 1.5°C above pre-industrial levels before it’s too late, the scope and pace of economic and social change required will be Unprecedented. The prevailing conditions will be a recipe to “move fast and break things” unless care is taken to protect fundamental values like those reflected in the Universal Declaration of Human Rights and aspired to in the Sustainable Development Goals. These standards are designed to protect people and build support for climate action.

The Special Rapporteur for climate change can help ensure that climate action is human rights-based by making the right choices and getting the support they need. The Special Rapporteur’s journey on that important mission starts this month.

 



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