Staying human-centric at the intersection of climate change and human rights

Abstract

The concept of climate justice links human rights with efforts to address climate change to achieve a human-centric approach, safeguarding the rights of the most vulnerable in the process. In their ongoing efforts to implement the recommendations from the newly published IBA report, Achieving Justice and Human Rights in an Era of Climate Disruption, the IBA working groups should safeguard the human-centric approach that inspired the report in the first place, and be mindful that the human dimensions are always well integrated into efforts to address the environment and climate. Recommendations regarding environmental impact assessments, the environment and international trade, and institutional measures and processes to address the environment or climate change should generally integrate the social and human aspects in their work, in order to ensure that any effort to benefit the environment and climate should not come at the expense of people.

Notes

1 Mary Robinson Foundation – Climate Justice, ‘Principles of Climate Justice’, at 1, www.mrfcj.org/pdf/Principles-of-Climate-Justice.pdf accessed 6 December 2015.

2 Achieving Justice and Human Rights in an Era of Climate Disruption, International Bar Association Climate Change Justice and Human Rights Task Force Report (IBA 2014).

3 See www.un.org/esa/ffd/.

4 See https://sustainabledevelopment.un.org/?menu=1300.

5 See www.un.org/esa/ffd/ffd3/news/ffd3-outcome-sets-positive-tone-for-global-change.html.

6 Available at www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf accessed 6 December 2015.

7 Available at www.ciel.org/wp-content/uploads/2015/06/CCandHR_Feb2015.pdf accessed 6 December 2015.

8 IBA report (n 2), 174.

9 Principle 1 of the Declaration reads: Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated. Available at www.unep.org/Documents.Multilingual/Default.asp?documentid=97&articleid=1503.

10 See, for example, www.environmentmagazine.org/Archives/Back%20Issues/2012/July-August%202012/constitutional-rights-full.html accessed 6 December 2015.

11 For example, as noted by in the keynote speech of Roger Martella, former General Counsel of EPA, at the Washington, DC, launch of the IBA report on 4 March 2015. For a comprehensive discussion on the history of climate change and human rights discourse, see S Atapattu, Human Rights Approaches to Climate Change: Challenges and Opportunities (Routledge 2015); also CARE/CIEL, Climate Change: Tackling the Greatest Human Rights Challenge of Our Time (n 7).

12 Available at www2.ohchr.org/english/issues/climatechange/docs/Resolution_7_23.pdf accessed 6 December 2015.

13 See the Special Rapporteur's website at www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/SRenvironmentIndex.aspx accessed 6 December 2015.

14 IBA report (n 2), 119–21.

15 Available at www.fes.de/GPol/klimanewsletter/Genf_2015-02-27_The-Geneva-Pledge_13022015-final.pdf accessed 6 December 2015.

16 See more at www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16049&LangID=E#sthash.QbS1Sbz7.dpufall accessed 6 December 2015. Also see more generally on OHCHR's work on climate change and human rights, www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/HRClimateChangeIndex.aspx. accessed 6 December 2015.

17 For example, see www.unfpa.org/resources/human-rights-principles.

18 IBA report (n 2), 162.

19 Commentary to Principle 17 of the UNGPs (see n 6).

20 Paragraph 8 of Performance Standard 4, www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+approach/risk+management/performance+standards/environmental+and+social+performance+standards+and+guidance+notes accessed 6 December 2015.

21 Performance Standard 6, paragraph 2.

22 See ‘IFC Definitions and Metrics for Climate-Related Activities’ (version 2.2, April 2014), www.ifc.org/wps/wcm/connect/534495804a803b32b266fb551f5e606b/IFC_Climate_Definitions_2013.pdf?MOD=AJPERES accessed 6 December 2015. This document is intended to be a common resource to international financial institutions generally.

23 All multilateral development banks have environmental and social safeguard policies. For example, see the World Bank safeguard policies, currently under revision, at http://consultations.worldbank.org/consultation/review-and-update-world-bank-safeguard-policies accessed 6 December 2015.

24 OECD Common Approaches.

25 See the Equator Principles, at www.equator-principles.com.

26 See www.oecd.org/gov/regulatory-policy/Sustainability%20in%20impact%20assessment%20SG-SD(2011)6-FINAL.pdf accessed 6 December 2015.

27 See www3.epa.gov/climatechange/EPAactivities/economics/scc.html accessed 6 December 2015.

28 Ibid.

29 See for example, the view of Stanford scientists that the EPA methodology is inaccurate at http://news.stanford.edu/news/2015/january/emissions-social-costs-011215.html. accessed 6 December 2015.

30 IBA report (n 2), 148.

31 For example, the World Bank's environmental and social safeguard policies (currently under review) used in public sector lending; see http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTSAFEPOL/0,,menuPK:584441~pagePK:64168427~piPK:64168435~theSitePK:584435,00.html accessed 6 December 2015. Also see IFC Performance Standards, used in various types of private sector lending, www.ifc.org/wps/wcm/connect/c8f524004a73daeca09afdf998895a12/IFC_Performance_Standards.pdf?MOD=AJPERES accessed 6 December 2015.

32 In the case of the Green Climate Fund, it chose to use the IFC Performance Standards as its interim due diligence standard. Also see Green Climate Fund's ‘Guiding Framework and Procedures for Accrediting National, Regional and International Implementing Entities and Intermediaries, Including the Fund's Fiduciary Principles and Standards and Environmental and Social Safeguards’, http://gcfund.net/fileadmin/00_customer/documents/MOB201406-7th/GCF_B07_02_Guiding_Framework_for_Accreditation_fin_20140512_16.30_hrs.pdf accessed 6 December 2015.

33 For example, see complaints that were investigated by the World Bank Inspection Panel (http://ewebapps.worldbank.org/apps/ip/Pages/Panel_Cases.aspx) or by the IFC Compliance Advisor Ombudsman (www.cao-ombudsman.org/cases/ accessed 6 December 2015.