HUMAN RIGHTS COUNCIL Background Guide - written by
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Lles kuri
17-19 January 2020
HUMAN RIGHTS COUNCIL
Background Guide
written by:
Jule Lümmen and Fiona KramerDEAR DELEGATES, MEET YOUR CHAIR
It is a great honor to welcome you to the Human Rights Jule Lümmen (President)
Council of Erfurt Model United Nations 2020.
Jule is currently studying International
The topics on the agenda will be: Relations and Communication Sciences
at the University of Erfurt. After
I. Human Rights and Climate Change
attending numerous conferences as a
delegate, she is now part of the tutoring
II. The Situation of Human Rights of Rohingya
team of Erfurt's MUN seminar.
Muslims and Other Minorities in Myanmar
This Background Guide supports your preparation for the
conference. It offers you a comprehensive overview of Fiona Kramer (Vice President)
the committee as well as both topics and will help you
Fiona studies International Relations
focus your further research on the most relevant aspects.
and Romance Studies in the third
We encourage you to thoroughly delve into your
semester at university of Erfurt. She is
countries’ policies and their positions concerning the
especially interested in peace and
topics. When preparing for the conference, please keep
conflict studies and is looking forward to
in mind the mandate of the Human Rights Council.
hearing innovative solutions to current
If you have any questions regarding the conference or human rights issues at the conference.
your preparation for the Human Rights Council, please do
not hesitate to contact us at mun@uni-erfurt.de.
Sincerely,
Jule and FionaTABLE OF CONTENTS
Abbreviations ........................................................................................................................................ 4
Committee Overview ............................................................................................................................. 6
Introduction ................................................................................................................................................... 6
History ........................................................................................................................................................... 6
Governance, Structure and Membership ..................................................................................................... 7
Mandate, Functions and Powers .................................................................................................................. 8
Universal Periodic Reviews ....................................................................................................................... 8
Complaint Procedures ............................................................................................................................... 9
Special Procedures .................................................................................................................................... 9
Recent Sessions and Current Priorities ....................................................................................................... 10
Conclusion ................................................................................................................................................... 11
Bibliography................................................................................................................................................. 12
I. Human Rights and Climate Change .....................................................................................................14
Introduction ................................................................................................................................................. 14
International Framework ............................................................................................................................ 16
Human Rights Principles.......................................................................................................................... 16
Treaties Addressing Human Rights and Climate Change........................................................................ 16
Regional Framework ................................................................................................................................... 20
The Role of the International System ......................................................................................................... 20
Implementation of a Human Rights-Based Approach by National Governments ..................................... 23
Conclusion ................................................................................................................................................... 23
Further Research ......................................................................................................................................... 24
Bibliography................................................................................................................................................. 25
II. The Situation of Human Rights of Rohingya Muslims and Other Minorities in Myanmar ...................30
Introduction ................................................................................................................................................. 30
History of Myanmar and the Rohingya ....................................................................................................... 32
International and Regional Framework ...................................................................................................... 33
The Role of the International System ......................................................................................................... 34
Civil and Political Rights............................................................................................................................... 37
Economic, Social and Cultural Rights .......................................................................................................... 38
Conclusion ................................................................................................................................................... 40
Further Research ......................................................................................................................................... 40
Bibliography................................................................................................................................................. 42
3ABBREVIATIONS
ASEAN Association of Southeast Asian Nations
CEDAW Convention on the Elimination of all Forms of Discrimination against Women
CO2 Carbon Dioxide
COP Conference of the Parties
CRC Convention on the Rights of the Child
ECOSOC Economic and Social Council
GA General Assembly
GEF Global Environment Facility
GHG Greenhouse Gas
HCR Human Rights Commissioner for Refugees
HRC Human Rights Council
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of All Forms of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
IOM International Organization for Migration
JRP Joint Response Plan
MRFCJ Mary Robinson Foundation – Climate Justice
NAMA Nationally Appropriate Mitigation Action
NDCs Nationally Determined Contributions
NGO Non-governmental Organization
OHCHR Office of the United Nations High Commissioner for Human Rights
PCCP Paris Committee on Capacity-building
SDGs Sustainable Development Goals
UDHR Universal Declaration of Human Rights
UN United Nations
UNCHE United Nations Conference on the Human Environment
UNCHR United Nations Commission on Human Rights
4UNDP United Nations Development Programme
UNEP United Nations Environment Programme
UNFCCC United Nations Framework Convention on Climate Change
UPR Universal Periodic Reviews
5COMMITTEE OVERVIEW
Introduction
One of the key purposes of the United Nations (UN), as mentioned several times in the UN’s founding
Charter, is the promotion and protection of human rights.1 Chapter I, Article 1 of the UN Charter defines
the purposes of the UN, explicitly naming the commitment to “respect for human rights” as a guiding
intention of the UN’s work.2 Elaborating on the encouragement for human rights, Chapter IX, Article 55
obliges the UN to also promote observance of human rights.3 As a milestone document in the history of
human rights, the UN General Assembly (GA) adopted the Universal Declaration of Human Rights (UDHR)
on 10 December 1948.4 For the first time in history, human rights were universally protected.5 Today, the
promotion and protection of human rights is as important as in 1948, however, the definition of human
rights has become more complex as human rights law has been extensively expanded by the UN.6 In order
to define as well as to promote and protect human rights, the UN have established several organs and
bodies, including the High Commissioner for Human Rights (OHCHR) and the Human Rights Council (HRC).7
Established in 2006, the HRC is an inter-governmental body within the UN system.8 It is one of the main
bodies responsible for the promotion and preservation of all human rights worldwide.9 One of its key tasks
is addressing situations of human rights violations by recommending further action regarding the
development of human rights law to the GA.10
History
In 1946, the UN Commission on Human Rights (UNCHR) was established as a subsidiary body of the UN
Economic and Social Council (ECOSOC) to develop the framework for the promotion and protection of all
fundamental human rights. Its main tasks were the development of common international policy guidelines
regarding human rights, the observation of compliance with international human rights law and the
exposure of human rights violations. 11 The UNCHR also served as a panel, where Member States, civil
society and international organizations could express their concerns about possible human rights abuses.12
The UNCHR drafted the UDHR which was adopted by the GA on 10 December 1948.13 In the following years,
the UNCHR drafted a framework of international human rights law, based on the UDHR.14 As a result of the
UNCHR’s standard setting work, the GA adopted two human rights covenants in 1966, namely the
1 UN, Charter of the United Nations, 1945.
2 UN, Charter of the United Nations. Chapter I: Purposes and Principles, 1945.
3 UN, Charter of the United Nations. Chapter IX: International and Social Cooperation, 1945.
4 Ibid.
5 UN General Assembly, Universal Declaration of Human Rights (A/RES/3/217A), 1948.
6 UN, Global Issues. Human Rights, n.d.
7 UN, What We Do. Protect Human Rights, n.d.
8 Ibid.
9 UN, Global Issues. Human Rights, n.d.
10 UN General Assembly, Human Rights Council (A/RES/60/251), 2006.
11 Ibid.
12 UN Human Rights Council, About the Commission. Background Information. Brief Historical Overview of the Commission,
n.d.
13 Ibid.
14 Ibid.
6International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR).15
In 1967, the ECOSOC authorized the UNCHR to concretely address human rights abuses.16 To this end, the
UNCHR has developed a comprehensive system to monitor compliance by Member States with
international human rights law and to investigate alleged violations of human rights.17 This included, inter
alia, the establishment of fact-finding missions to countries in all parts of the world.18 In the 1990s, the
UNCHR focused on the provision of advisory services and technical assistance to Member States that were
incapable of safeguarding the enjoyment of human rights within their boundaries. As the affiliation of
economic, social and cultural rights on the human rights agenda was largely denied in the 1990s, the UNCHR
intensively advocated the importance of these rights. 19 Furthermore, the protection of the rights of
vulnerable groups in society and the rights of women and children was addressed by the UNCHR.20 In 2006,
the UNCHR was replaced by the Human Rights Council (HRC). The HRC was created by the GA on 15 March
2006 by resolution 60/251. Its first session took place from 19 to 30 June 2006.21
Governance, Structure and Membership
The HRC consists of 47 UN Member States, which are elected for a period of three years through a majority
vote by the GA. Members of the HRC cannot immediately be re-elected after serving two successive terms.
Important criteria for the election of Member States are their contributions to the preservation of human
rights, as well as their pledges and commitments in this regard.22 The principle of equitable geographical
distribution is also taken into account for the election of Member States to the HRC. African States and Asia-
Pacific States are each granted 13 seats, Latin American and Caribbean States are granted 8 seats, Western
European and other States obtain 7 seats and Eastern European States obtain 6 seats.23 The HRC holds
three regular sessions every year, and at any time, one third of the HRC’s Member States can request “a
special session to address human rights violations and emergencies”. 24 Each annual series of regular
sessions is referred to as a “cycle”.25 At the beginning of each cycle, Member States appoint a President and
four Vice Presidents that form the Bureau of the HRC.26 The President of the current thirteenth cycle is Coly
Seck, a Permanent Representative to the UN from Senegal.27
On 18 June 2007, one year after its first meeting, the HRC adopted its “Institution-building package”, which
specifies procedures, mechanisms and structures that form the basis of its work.28 The subsidiary bodies
15 Ibid.
16 Ibid.
17 Ibid.
18 Ibid.
19 OHCHR, Human Rights Fact Sheet No. 33, 2008.
20 UN Human Rights Council, About the Commission. Background Information. Brief Historical Overview of the
Commission, n.d.
21 UN Human Rights Council, About HRC: History, 2019.
22 UN Human Rights Council, Membership of the Human Rights Council, n.d.
23 Ibid.
24 UN Human Rights Council, Sessions, 2019.
25 UN Human Rights Council, Institution-building of the United Nations Human Rights Council (A/HRC/RES/5/1), 2007.
26 UN Human Rights Council, Membership of the Human Rights Council, n.d.
27 UN Human Rights Council, President of the 13th Cycle, 2019.
28 UN Human Rights Council, Subsidiary Bodies, 2019.
7directly reporting to the HRC are the Universal Periodic Review Group, the Advisory Committee, and the
Complaint Procedure. 29 The HRC also established the following subsidiary expert mechanisms: Expert
Mechanism on the Rights of Indigenous People, the Forum on Minority Issues, the Social Forum, the Forum
on Business and Human Rights, and the Forum on Human Rights, Democracy and the Rule of Law.30 The
expert mechanisms provide the HRC with thematic expertise and forums providing a platform for dialogue
and cooperation. These bodies focus mainly on studies, research-based advice or best-practices. They meet
and report annually to the HRC. The HRC further established several open-end intergovernmental working
groups to elaborate and/or negotiate and finalize new draft legal instruments or to make recommendations
on the effective implementation of existing instruments. 31 Finally, the HRC works with the UN Special
Procedures established by the former UNCHR. 32 These Special Procedures are conducted by special
rapporteurs, special representatives, independent experts and working groups that monitor, examine,
advise and publicly report on thematic issues or human rights situations in specific countries.33
Mandate, Functions and Powers
The function of the HRC is to “address situations of violations of human rights, including gross and
systematic violations, and make recommendations thereon”.34 The HRC undertakes its work guided by the
underlying principles of “universality, impartiality, objectivity and non-selectivity, constructive international
dialogue and cooperation.”35
Serving as a forum, the HRC should furthermore promote the effective coordination and the mainstreaming
of human rights within the United Nations system.36 It was established as a forum for debate and dialogue
on all human rights issues, including the tasks to address violations of human rights, to promote
cooperation and education on human rights, to review Member States’ track records and to prevent human
rights abuses from occurring.37 Partnerships with the civil society, non-governmental organizations (NGOs)
and specialized agencies of the UN play a vital role in the effective promotion and protection of human
rights by the HRC.38 Universal Periodic Reviews, Complaint Procedures and Special Procedures are the three
main features of the HRC’s work.39
Universal Periodic Reviews
The HRC undertakes Universal Periodic Reviews (UPR) of the fulfillment of human rights obligations by each
of the UN Member States.40 These reviews are state-driven under the auspices of the HRC and with the full
involvement of NGOs.41 UPRs are based on reports provided by the State under review, a collection of
29 Ibid.
30 Ibid.
31 Ibid.
32 UN Human Rights Council, About HRC: History, 2019.
33 UN Human Rights Council, Subsidiary Bodies, 2019.
34 UN General Assembly, Human Rights Council (A/RES/60/251), 2006.
35 Ibid.
36 Ibid.
37 OHCHR, The Human Rights Council and the role of the Office of the High Commissioner for Human Rights, n.d.
38 OHCHR, Civil Society, n.d.
39 OHCHR, Civil Society Working with the United Nations Human Rights Program - A Handbook for Civil Society, 2008, p. 75.
40 UN General Assembly, Human Rights Council (A/RES/60/251), 2006.
41 UN Human Rights Council, Basic facts about the UPR, n.d.; UN Office of the High Commissioner for Human Rights,
Universal periodic review- a practical guidance for civil society, 2014, p. 3.
8United Nations information gathered by bodies of the UN, as well as information from other stakeholders
like national human rights institutions or NGOs.42 This data is discussed in an interactive dialogue between
the State under review and the working group on UPR.43 Any Member States as well as NGOs can also
participate in this discussion.44 UPRs result in reports containing a summary of the situation as well as
comments and recommendations made by Member States to the Member State under review and the
responses by the reviewed Member State.45 The reviewed state then has the responsibility to implement
the recommendations agreed on in the final outcome and to report about these efforts in the next UPR.46
Complaint Procedures
Complaint Procedures “address consistent patterns of gross and reliably attested violations of human rights
occurring in any part of the world and under any circumstances in an impartial, objective, efficient and
victims-oriented manner”.47 With a view to enhancing cooperation with the state concerned, Complaint
Procedures are of confidential nature.48 Individuals, groups or NGOs that claim to be victims of human rights
violations or that have direct, reliable knowledge on such violations of human rights and fundamental
freedoms can submit a communication to the HRC.49 The working group on communications of the HRC
undertakes an initial screening to check the admissibility of such communications. The admission of a
communication depends on criteria. Only to name a few, the communication shall not be manifestly
politically motivated or based exclusively on reports disseminated by mass media and domestic remedies
have to be exhausted. Furthermore, the communication has to be consistent with the Charter of the United
Nations and a factual description of the alleged violations including the rights in concern is required.50
If the communication is not screened out based on these criteria the communication is transmitted to the
Member State concerned. 51 When the working group on communications is convinced that the
communication appears to reveal a consistent pattern of gross and reliably attested violations of human
rights, the matter is transferred to the working group on situations.52 The working group on situations
presents the council with a report on the matter. In a draft resolution the working group makes
recommendations to the council on the course of action to take.53
Special Procedures
Special Procedures are mechanisms designed to examine, monitor, advise and publicly report on human
rights situations in specific countries or territories (country mandates), or on major phenomena of human
rights violations worldwide (thematic mandates). 54 Each special procedure’s mandate is defined in the
42 Ibid.
43 Ibid.
44 Ibid.
45 Ibid.
46 UN Human Rights Council, Basic facts about the UPR, n.d.
47 UN Human Rights Council, Institution building of the United Nations Human Rights Council (A/HRC/RES/5/1), 2007.
48 Ibid.
49 Ibid.
50 Ibid.
51 Ibid.
52 Ibid.
53 Ibid.
54 OHCHR, Civil Society Working with the United Nations Human Rights Program - A Handbook for Civil Society, 2008, p. 10.
9resolution that created it. 55 Mandate holders are either an individual (special rapporteur, special
representative of the Secretary-General or independent expert) or a working group.56 In June 2007, HRC
resolution 5/2 defined a code of conduct for Special Procedures mandate-holders to strengthen their
capacity, credibility, and visibility.57 By August 2017 there were 44 thematic and 13 country mandates.58 An
example is the Special Procedure on the right to development, established with HRC resolution 33/14.
The procedures can encompass fact-finding country or field visits, communications on individual cases of
human rights violations, consultations with experts, advocacy efforts, communication with governments,
press releases to raise awareness for human rights standards as well as thematic studies to counsel
governments and civil society on the normative content and implementation of human rights.59 Different
from Complaint Procedures, Special Procedures also act on individual cases and it is not necessary to have
exhausted legal domestic remedies.60 Mandate holders of Special Procedures report annually to the HRC
and the GA on regular activities under their mandate as well as specific thematic trends and phenomena
including recommendations.61
Recent Sessions and Current Priorities
In its 41st regular session in June/July 2019, the HRC dealt with migration and displacement, precisely with
“the human rights of migrants” and “the Mandate of the Special Rapporteur on the human rights of
internally displaced persons”. 62 Furthermore, the rights of women and girls were addressed through
resolution 41/6 “Elimination of all forms of discrimination against women and girls”.63 Concerning this issue,
the HRC also focused on women’s economic empowerment and their discrimination in the context of work
through two panel discussions and the resolution “Accelerating efforts to eliminate all forms of violence
against women and girls: preventing and responding to violence against women and girls in the world of
work”.64 Additionally, a resolution regarding “equal pay” was adopted.65 Bearing in mind its function as a
coordination mechanism, resolutions concerning the “Enhancement of international cooperation in the
field of human rights”, “Human rights and international solidarity” and the cooperation with international
and regional civil society organizations within “The Social Forum” were adopted.66 Another subject was
“New and emerging digital technologies and human rights”. 67 As a result of the report of the Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and
55 Ibid.
56 Ibid., p. 108.
57 Ibid., p. 83.
58 OHCHR, Special Procedures, n.d.
59 OHCHR, Civil Society Working with the United Nations Human Rights Program - A Handbook for Civil Society, 2008, p. 114.
60 Ibid. p. 108.
61 OHCHR, Special Procedures, n.d.; OHCHR, Civil Society Working with the United Nations Human Rights Program - A
Handbook for Civil Society, 2008, p. 110.
62 UN Human Rights Council, 41st session of the Human Rights Council: Resolutions, decisions and President’s statements,
n.d.
63 Ibid.
64 Ibid.; UN Human Rights Council, 41st session of the Human Rights Council (24 June - 12 July 2019), n.d.
65 UN Human Rights Council, 41st session of the Human Rights Council: Resolutions, decisions and President’s statements,
n.d.
66 Ibid.
67 Ibid.
10mental health, a resolution on the access to medicines and vaccines in this context was adopted. 68
Furthermore, the human rights situations in Eritrea, Belarus and the Syrian Arab Republic were assessed.
Additionally, the HRC renewed the mandate of the team of international experts on the situation in Kasai
in the Democratic Republic of Congo. Moreover, 14 outcome documents of universal periodic reviews were
adopted.69
Conclusion
The HRC aims to safeguard all human rights for everyone articulated by international law on global and
national levels.70 Nevertheless, there are still large groups of marginalized people that cannot enjoy all
human rights. According to that, it is now the most important task for the HRC to see human rights issues
from different perspectives in order to address everyone. Moreover, cooperation with the civil society as
well as NGOs and other UN organs must be enhanced to further examine the specific situations of
vulnerable groups so that the HRC can respond to the factors that impair the fulfillment of human rights for
everyone.
68Ibid.; UN Human Rights Council, 41st session of the Human Rights Council: Reports, n.d.
69UN Human Rights Council, 41st session of the Human Rights Council: Resolutions, decisions and President’s statements,
n.d.
70
UN Human Rights Council, About HRC, 2019.
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13I. HUMAN RIGHTS AND CLIMATE CHANGE
“Climate change is a threat to us all and to future generations, and to the enjoyment of human rights now
and in the years ahead. A continually warming world will be a graveyard for entire ecosystems, entire
peoples – and potentially even entire nations “.71
- Zeid Ra’ad Al Hussein, former United Nations High Commissioner for Human Rights
Introduction
Climate change represents one of the largest threats to human rights the world has ever experienced.72
Fundamental human rights, such as the right to life, health, water and sanitation, food, appropriate
standard of living, development and self-determination are severely impacted by climate change through
its effects on ecosystems and resulting impacts on i.e. resources, urban structures and livelihoods.73 In its
5th Assessment Report (2014), the Intergovernmental Panel on Climate Change (IPCC) confirmed, that
climate change is unequivocal and global warming is mainly driven by anthropogenic greenhouse gas (GHG)
emissions, especially carbon dioxide (CO2).74 According to the report, an increasing frequency of weather
extremes and natural disasters, such as floods, rising sea-levels, but also heat waves, desertification,
droughts and water scarcity are only a few of the adverse impacts caused by rising temperatures. 75 It
further describes how these observed and predicted future changes in climate affect i.e. ecosystems and
their services in the oceans and on land, natural resources, water, food and urban systems such as
agriculture as well as livelihoods, and human health. 76 These phenomena result in the scarcity of key
resources, undermine the basis of life and increase displacement and migration.77 Since 2008, there have
been 21,7 million internally displaced people globally every year due to climate change.78 Each of these
consequences can affect human security and cause instability and violent conflicts, leading to a variety of
human rights constraints.79 The direct or indirect threats on the exercise of human rights deriving from
climate change and its consequences are amplified for the most vulnerable ones. 80 According to the
aforementioned 5th Assessment Report, people at a disadvantage due to social, economic, cultural, political
or other forms of marginalization are especially vulnerable to the negative impacts of a warming world.81
The poorest countries and societies are the most exposed to climate change because they especially lack
adaptation and mitigation responses due to economic reasons and are often geographically
disadvantaged. 82 Although least developed countries themselves produce less GHG emissions than
developed nations, they are already experiencing the effects of climate change due to their geographical
71 OHCHR, Zeid urges climate change ambition as Paris deal enters into force, 2016.
72 UNEP, Climate Change and Human Rights, 2015, p. 8.
73 IPCC, Fifth Assessment Report: Climate Change 2014 Synthesis Report Summary for Policymakers, 2014, p. XIV.;
UNEP, Climate Change and Human Rights, 2015; OHCHR, Human Rights and Climate Change, n.d.
74 IPCC, Fifth Assessment Report: Climate Change 2014 Synthesis Report Summary for Policymakers, 2014.
75 Ibid.; OHCHR, Human Rights and Climate Change, n.d.
76 IPCC, Fifth Assessment Report: Climate Change 2014 Synthesis Report Summary for Policymakers, 2014, p. XIV.
77 UNEP, Climate Change and Human Rights, 2015, p. 8.
78 OHCHR, Fact Sheet Climate Change, 2018.
79 Ibid., p. 8.
80 IPCC, AR5 Synthesis Report: Climate Change 2014, 2014, p. 54.
81 Ibid.
82 IPCC, Fifth Assessment Report: Climate Change 2014 Synthesis Report Summary for Policymakers, 2014.;
OHCHR, Understanding Human Rights and Climate Change, 2015.
14location.83 Islands, coastal countries and especially low-lying areas are vulnerable to rising sea levels and
will increasingly experience flooding, erosions and salt water intrusions endangering ecosystems and
housing.84 Especially in those areas with close proximity to water or extreme conditions such as heat and
dryness, effective adaptation to climate change is even more challenging than in – mostly industrialized -
temperate zones due to the force of nature enhancing these conditions.85
Since the late 19th century, the planet’s average temperature has increased by 1.1 °C. Sea levels rose by 20
cm in the last century.86 Scientists anticipate that with the previous aim of the international community to
remain under 1.5 °C of global warming relative to a preindustrial time, the negative impacts cannot be
stopped but instead will further expand.87 Between 2030 and 2050, the Office of the High Commissioner
for Human Rights (OHCHR) estimates about 250.000 additional deaths yearly around the globe, exclusively
due to malnutrition, malaria, diarrhea and heat stress caused by climate change.88
Climate change and its repercussions on human rights have been much debated over the past decade,
especially supported by the HRC, OHCHR, the United Nations Environment Programme (UNEP) and the
Special Rapporteur on this issue.89 Although UN bodies acknowledged that the impact of climate change
constitutes to a considerable interference with the enjoyment of human rights, there is less agreement and
consensus about the resulting obligations of governments and private duty bearers, such as businesses and
private companies.90 According to a report from the OHCHR, the action undertaken by the international
community to mitigate and adapt to climate change have not reached the level of ambition necessary to
remedy and/or prevent the negative impacts of climate change on the enjoyment of human rights.91 The
integration of human rights in existing and future climate strategies requires extensive political
commitment in order to make them more effective and inclusive.92 Human rights are still compromised in
the context of climate change and the actions taken to mitigate its causes and impacts on international,
regional and national levels are not always in line with human rights obligations.93 Some of the action taken
to adapt and mitigate have even had counterproductive effects on the equal enjoyment of human rights.94
Mitigation measures such as hydroelectric projects can lead to displacement of local people and the
destruction of ecosystems upon which they depend, endangering their right to health and their
livelihoods.95 Biofuel policies led to widespread deforestation, water scarcity and food shortages, putting
people’s lives and rights at risk.96 Adaptation projects, including coastal fortifications, can protect one group
while exposing another to a greater risk of flooding. 97 Furthermore, resettlement programs without
83 Ibid.; UNEP, Climate Change and Human Rights, 2015.
84 Ibid., p. 4.
85 UNEP, Climate Change and Human Rights, 2015.
86 OHCHR, Fact Sheet Climate Change, 2018.
87 OHCHR, Understanding Human Rights and Climate Change, 2015, p. 12.
88 UN Human Rights, Fact Sheet Climate Change, 2018.
89 UNEP, Climate Change and Human Rights, 2015, p. VI.
90 UNEP, Climate Change and Human Rights, 2015.; OHCHR, Understanding Human Rights and Climate Change, 2015.
91 OHCHR, Understanding Human Rights and Climate Change, 2015.
92 Ibid.
93 Ibid.; UNEP, Climate Change and Human Rights, 2015.
94 UNEP, Climate Change and Human Rights, 2015, p. 9.
95 Ibid., p. 8.
96
Ibid., p. 8.
97 Ibid., p. 10.
15necessary public consultation may result in various human rights violations, such as the right to self-
determination and an adequate standard of living. 98
This guide portraits the interrelation between climate change and human rights. It provides an overview of
the legal regime governing human rights and climate change on an international and regional level, followed
by an illustration of the role of the international system and efforts undertaken by national governments.
International Framework
Human Rights Principles
Universality, equality and non-discrimination are only some of the core principles of international human
rights law.99 States are not only responsible to respect and protect, but also to fulfill all human rights equally
for all people.100 These principles are enshrined in the Universal Declaration on Human Rights (UDHR) which
became the first international commitment to basic human rights in 1948.101 Building upon the UDHR, the
International Covenant on Civil and Political Rights (ICCPR) and the International Pact on Economic, Social
and Cultural Rights (ICESCR) turned the rights deriving from the 1948 declaration into legally binding
obligations for the states that ratified the conventions. 102 According to the OHCHR, “this includes an
affirmative obligation to prevent foreseeable harms including those caused by climate change”.103 These
agreements emphasize the need of national action and international cooperation to ensure the full
realization of the states’ human rights obligations.104 The 1986 United Nations Declaration on the Right to
Development is calling upon states to jointly establish actions favorable to the realization of all human rights
and the right to development and providing support to developing countries.105
Treaties Addressing Human Rights and Climate Change
The Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration) was
adopted in June 1972 by the United Nations Conference on the Human Environment (UNCHE).106 It was the
first UN Conference regarding the preservation and enhancement of the human environment and marks
the beginning of the global environment politics.107 In its first principle it states that there is a “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”.108 Thus, the Stockholm Declaration manifests the intrinsic link between the
environment and the realization of human rights.109 Furthermore, it acknowledges the need of extensive
cooperation between nations and international organizations through multilateral arrangements that
98 Ibid., p. 10.
99 UN, Human Rights Law, n.d.
100 Ibid.
101 UN General Assembly, Universal Declaration of Human Rights (A/Res/3/217 A), 1948.
102 UN, Human Rights Law, n.d.
103 Ibid., OHCHR, Understanding Human Rights and Climate Change, 2015, p. 17.
104 UN General Assembly, International Pact on Economic, Social and Cultural Rights (A/RES/2200(XXI)A), 1966.
105 UN General Assembly, United Nations Declaration on the Right to Development (A/RES/41/128), 1986.
106 SDG Knowledge Platform, United Nations Conference on the Human Environment, n.d.
107 Ibid.
108 UNCHE, Declaration of the United Nations Conference on the Human Environment, 1972, p. 2.
109 OHCHR, Report of the Office of the United Nations High Commissioner for Human Rights on the relationship between
climate change and human rights (A/HRC/10/61), 2009.
16control, reduce and eliminate adverse impacts on the environment resulting from any states’ activity.110 As
a consequence of this declaration, the United Nations Environment Programme (UNEP) entered into force
in 1972. 111 UNEP is the leading international environmental actor, advocating for a sustainable,
environmentally sensitive development within the UN system. 112 Its aim is to foster opportunities for
partnerships between nations and peoples to promote a caring relation with the environment and its
climate.113 In its 2015 report Climate Change and Human Rights, UNEP gives a detailed overview of the far
reaching impacts of climate change on human rights and how they mutually affect each other. 114 It
proposes new mechanisms for international cooperation and accountability, including a work program on
human rights to compile data and evaluate progress on the implementation of human rights in climate
change responses.115 Another suggestion is an information platform to share best practices and examples
of national or regional adaptation and mitigation measures particularly mindful to human rights.116 The
report further advocates for an independent accountability mechanism to evaluate the implementation of
human rights in climate-related actions taken by states and private actors.117
The United Nations Framework Convention on Climate Change (UNFCCC) is a corner stone of global politics
and efforts regarding climate change and its adverse impact on the environment.118 The UNFCCC was one
of three adopted conventions at the Rio Earth Summit in 1992.119 Entering into force in March 1994, it has
near-universal membership with 197 parties today. 120 The ultimate objective of the convention is to
stabilize greenhouse gas concentrations "at a level that would prevent dangerous anthropogenic
interference with the climate system."121 Moreover, the UNFCCC urges states to adapt national politics with
integrated action plans, to cooperate to mitigate climate change and to effectively adapt to its effects.122
Article 3 of the convention, referred to as the equity article, expresses the disproportionate burden of the
impact of climate change on the least developed countries and urges industrialized countries to consider
and act upon the difficulties and special needs of developing countries.123
In order to transform this commitment into action, the Global Environment Facility (GEF) Trust Fund was
established in 1991 by the World Bank, the UN Development Programme (UNDP) and UNEP, providing
financial support to developing countries and economies in transition to enable them to meet the goals set
in the UNFCCC.124 To ensure that human rights are respected in the context of GEF-funded projects, the
110 UNCHE, Declaration of the United Nations Conference on the Human Environment, 1972, p. 4.
111 Environment and Society Portal, United Nations Environmental Programme (UNEP) established, n.d.
112 UNEP, Why does UN Environment matter?, n.d.
113 Ibid.
114 UNEP, Human Rights and Climate Change, 2015.
115 Ibid.
116 Ibid.
117 Ibid.
118 UNFCCC, What is the United Nations Framework Convention on Climate Change?, n.d.
119 Ibid.
120 Ibid.; UNFCCC, Status of Ratification, n.d.
121 UN General Assembly, United Nations Framework Convention on Climate Change (A/RES/48/189), 1992, p. 9.
122 Ibid., p. 10.
123 Ibid., p. 9.; OHCHR, Report of the Office of the United Nations High Commissioner for Human Rights on the relationship
between climate change and human rights (A/HRC/10/61), 2009, p. 5, Art. 3.
124 Global Environment Facility, Funding, n.d.; Global Environment Facility, Funds managed by the Global Environment
Facility, n.d.
17fund established human rights safeguards. These outline requirements for i.e. protecting the rights of
indigenous people and preventing involuntary resettlement.125
Beginning in 1995, the parties to the convention have been meeting annually in the Conference of the
Parties (COP) as established by the UNFCCC in order to assess progress in dealing with climate change.126
Over the past 24 years, COP has launched several leading documents regarding climate change, each
focusing on different aspects.127 The 1997 Kyoto Protocol, established during the third annual Conference
of the Parties (COP3), addressed developed nations and, for the first time, established legally binding
obligations for the states that ratified the protocol to reduce their greenhouse gas emissions. 128 The
protocol entered into force in 2005 and currently comprises 192 parties.129
A milestone agreement in the mitigation of climate change is the 2015 Paris Agreement.130 During COP21
in 2015, 195 nations reached common ground to further their efforts to mitigate and adapt to the effects
of climate change.131 Besides the commitment to keep the increase of global temperature below 2.0 °C, the
parties agreed upon pursuing their efforts to limit the temperature increase to 1.5 °C relative to the
preindustrial level. 132 The Paris Agreement is the first convention on climate change to recognize the
interrelation between human rights and climate change, stating that “Parties should, when taking action to
address climate change, respect, promote and consider their respective obligations on human rights, the
right to health, the rights of indigenous peoples, local communities, migrants, children, persons with
disabilities and people in vulnerable situations and the right to development, as well as gender equality,
empowerment of women and intergenerational equity”.133 This recognition calls to the states’ positive
human rights obligations when carrying out climate action. 134 However, it does not establish any self-
standing human rights obligations in the context of climate change actions under the agreement.135
The linkage between human rights and climate change is further outlined in the OHCHR report
Understanding Human Rights and Climate Change, submitted at the 21st COP to the UNFCCC in 2015.136
This document gives a detailed overview of the most threatened rights by climate change. This includes i.e.
the right to life, self-determination, food, water and sanitation, health, housing, education as well as
meaningful and informed participation, and lists some of the measures already taken by human rights
bodies.137 The report outlines the importance of dialogue between all actors and emphasizes the need to
turn a theoretical discussion into practice giving specific ideas on how to realize human rights in a warming
world.138 It further proposes that mitigation and adaptation efforts must place people at their center and
should be informed by impact assessments to ensure that climate actions benefit those with the greatest
125 UNEP, Climate Change and Human Rights, 2015, p. 39.
126 Ibid., p. 17 pp.; UNFCCC, Conference of the Parties, n.d.
127 UNFCCC; Conference of the Parties, n.d.
128 UNFCCC, The Kyoto Protocol: What is the Kyoto Protocol, n.d.
129 UNFCCC, The Kyoto Protocol: Status of Ratification, n.d.
130 UNFCCC, Summary of the Paris Agreement, n.d.
131 UNFCCC, Paris Agreement, n.d.; UN Treaty Collection, Depositary: 7.d Paris Agreement, n.d.
132 UNFCCC, Paris Agreement, 2015, p. 3.
133 Ibid. p. 2.
134 Benoit Mayer, Human Rights in the Paris Agreement, 2016.
135 Ibid.
136 OHCHR, Understanding Human Rights and Climate Change, 2015.
137 Ibid.
138 Ibid., p. 12.
18risk.139 If such climate monitoring is community-based, it reduces monitoring costs and enhances regional
early warning systems.140 Another recommended measure is to enhance the regulation of the private sector
to reduce their contributions to climate change and ensure their respect of human rights in their actions.141
In 2017, the OHCHR organized the first official human rights event at COP23 through collaboration with Fiji,
the chair of the conference.142 Alongside civil society and UNFCCC representatives, other UN and national
actors in the field of human rights and climate change participated in this meeting.143 The aim of the event
was to brief decision makers and high-level actors about the human rights dimension of climate change.144
It also aimed to gain their support on the integration of this issue in any dialogue or negotiations on the
implementation of the Paris Agreement. 145 At COP24 in 2018, a side event on Building Capacity for
Integrating Human Rights into Climate Action was organized by the OHCHR, the Mary Robinson Foundation
– Climate Justice (MRFCJ) and the Paris Committee on Capacity-building (PCCB). The PCCB has been
mandated by the COP to oversee the Capacity-building work plan 2016-2020 and to consider cross-cutting
issues such as human rights, indigenous peoples knowledge and gender responsiveness.146 This side event
explored existing capacity gaps and needs, and presented success stories, good practices and lessons
learned to over 120 participants.147 Another focus was to draw the linkages to ongoing work under the Local
Communities and Indigenous Peoples Platform and the Gender Action Plan.148 Building on the outcomes of
the joint event, the PCCB and the OHCHR co-organized a technical workshop at COP25 in 2019 on the same
topic, bringing together Party and Non-Party stakeholders as well as negotiators of the UNFCCC,
government officials, representatives of non-government and intergovernmental organizations, the private
sector, and academia and research institutions.149 The audience discussed and shared specific capacity-
building tools and their experiences in building capacity for integrating human rights in Nationally
Determined Contributions (NDCs), the often only intended reduction of GHG emissions under the
UNFCCC.150
The 2030 Agenda for Sustainable Development, one of the major documents established by the UN, was
adopted in 2015 and is of high value for this issue.151 Climate change has gained tremendous relevance and
was thus given its own goal within the framework of the Agenda 2030: Goal 13 focuses on climate action
and aims to combat climate change and its impacts.152 It emphasizes the fact that climate change is already
affecting peoples’ lives and their properties, communities and whole nations, and highlights that the
negative consequences such as severe weather events and rising sea levels, are multiplied for the most
139 Ibid., p. 27.
140 Ibid.
141 Ibid.
142 OHCHR, Fact Sheet Climate Change, 2018.
143 Ibid.
144 UNFCCC, COP 23 Presidency Event: Integrating human rights in climate action, 2017.
145 Ibid.
146 UNFCCC, Side event: Building capacity for the integration of human rights into climate action: Summary report, n.d.
147 UNFCCC, Side event: Building capacity for the integration of human rights into climate action, 2018.
148 Ibid.
149 UNFCCC, Workshop: Building Capacity for Integrating Human Rights into Climate Action, 2019.; PCCB & OHCHR,
Technical Workshop on Building Capacity for Integrating Human Rights into Climate Action: Summary report, 2019.
150 Ibid.
151 Sustainable Development Goals, The Sustainable Development Agenda, n.d.
152 Sustainable Development Goals, Climate Change, n.d.
19poor and vulnerable ones as well as marginalized groups.153 As each of the 17 Sustainable Development
Goals (SDG), Goal 13 consists of so-called targets. While goals represent the aim that should be achieved
by 2030, targets are smaller steps aligned with the deadlines and details of the larger goal and lead the way
to its fulfillment. In order to achieve the ultimate goal to “take urgent action to combat climate change and
its impacts”, target 13A urges the developed countries that are parties to the UNFCCC to fulfill their
commitments towards supporting developing countries. 154 Target 13B promotes capacity building
mechanisms in these countries that are focusing on women, marginalized communities, youth, elderly and
local groups. 155 SDG 13 advocates for a global, sustainable solution to this issue which is key to the
protection of human rights.156 Furthermore, SDG 13 is intrinsically linked to twelve other Goals, as the
negative impacts of climate change endanger i.e. the right to health, adequate food and safe drinking water,
reflected among others in SDG 3 “Good Health and Well-Being”, SDG 2 “Zero Hunger” and SDG 6 “Clean
Water and Sanitation”.157
Regional Framework
Besides international treaties there are regional frameworks regarding the implications of climate change
on human rights. One example is the African Charter on Human and People’s Rights, including the human
right to “a generally satisfactory environment” (Art. 24).158 In 2007, the representatives of the Small Island
Developing States (SIDS) have adopted the Male’ Declaration on the Human Dimension of Global Climate
Change, stating that “climate change has clear and immediate implications for the full enjoyment of human
rights”.159 The convention emphasizes “that small island, low-lying coastal, and atoll states are particularly
vulnerable […] and are already adversely affected by alterations in ecosystems, changes in precipitation,
rising sea-levels and increased incidence of natural disasters”.160 These impacts of even small changes in
global climate endanger i.e. “the right to life, the right to take part in cultural life, the right to use and enjoy
property, the right to an adequate standard of living, the right to food, and the right to the highest
attainable standard of physical and mental health”.161 The SIDS thus advocate for an “inclusive process that
puts people, their prosperity, homes, survival and rights at the center of the climate change debate”.162
They further recognize the benefits of the Male’ Declaration on Sea Level Rises, the Barbados Programme
of Action, and the Mauritius Strategy for safeguarding human rights of their citizens.163
The Role of the International System
The Human Rights Council (HRC) first expressed its concern of the adverse impacts of climate change on
people and societies worldwide through resolution 7/23 in March 2008 and requested the OHCHR to file a
153 Ibid.; Sustainable Development Goals, Goal 13: Why it matters, n.d., p. 1.
154
Sustainable Development Goals, Climate Change, n.d.
155
Ibid.
156
Ibid.
157
Ibid.; OHCHR, Sustainable Development Goals related human rights, n.d.
158
Organization of African Unity, African Charter on Human and Peoples Rights, 1981, p. 4, Art. 24.
159
Conference of the Alliance of Small Island States on Preparing for Bali and Beyond, Male’ Declaration on the Human
Dimension of Global Climate Change, 2007, p. 2.
160
Ibid., p. 1.
161
Ibid., p. 2.
162
Ibid., p. 3.
163
Ibid., p. 2.
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