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Climate Change and Human Rights

Climate Change and Human Rights. International Climate Change and Energy Law Spring semester 2011 Dr. Christina Voigt. Climate Change and Human Rights. No mono-causal relationship Worst effects by climate change felt by those that are most ( factually and legally ) vulnerable

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Climate Change and Human Rights

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  1. ClimateChange and Human Rights International ClimateChange and Energy Law Spring semester 2011 Dr. Christina Voigt

  2. ClimateChange and Human Rights • No mono-causalrelationship • Worsteffects by climatechange felt by thosethatare most (factually and legally) vulnerable • Climatechangeunderminingtherealisationof a broad range of human rights (right to health, life, food, water, shelter, culture, livelihood, property) • Traditionallylittlerecognitionof HR impacts in climatenegotiation (and literature)/ disciplinary gap HR law and cclaw

  3. CancunAgreements -/CP.16 • “Noting resolution 10/4 of the United Nations Human Rights Council on “human rights and climate change”, which recognizes that the adverse effects of climate change have a range of direct and indirect implications for the effective enjoyment of human rights and that the effects of climate change will be felt most acutely by those segments of the population that are already vulnerable owing to geography, gender, age, indigenous or minority status and disability.” • 8. “Emphasizes that Parties should, in all climate change-related actions, fully respect human rights;”

  4. Inuit Human Rights and Climate Change • 7. December 2005: Petition filedtothe InterAmerican Commission on Human RightsSeeking Relief fromViolationsResultingfrom Global WarmingCausedbyActsandOmissionsofthe United States • Petitioner: Sheila Watt-Cloutier (Nobel PeacePrizeNomineefor 2007, togetherwith Al Gore) withsupportofthe Inuit Circumpolar Conference • March 2007: Hearing atthe 126th Session ofthe InterAmerican Commission on Human Rights • Further Information: www.ciel.org • www.earthjustice.org • www.inuitcircumpolar.com

  5. Climaticchanges

  6. Future warmingTemperaturedifference(2090-2099) -(1980-1999), High emission scenario, IPCC 2007

  7. Retreat of Sea Ice (Observations)

  8. Retreat of Sea Ice (Prognosis)

  9. Inuit Life Style

  10. Life on Ice

  11. (Traditional) Housing

  12. Food & Hide Preservation

  13. Transport

  14. Hunting

  15. Culture

  16. Education of Younger Generations

  17. Effects

  18. Violent Weather (Storms), Sea Level Rise & Waves

  19. Land Slides and Erosion

  20. Melting of Permafrost Soil

  21. Destruction of Houses

  22. Changes in Ice: Imparing Travel Safety, Hunting and Subsistence

  23. Changes in Ecosystems

  24. Impairment of Subsistence Harvest &More Frequent and More DangerousEncounters between Humans and Polar Bears

  25. ClimateChange and ForcedDisplacement • Climatechangeeffects (droughts, floods, environmentaldegradation) may trigger (threatmultiplier) themovementof persons • Estimationsvary(UN University’s Institute for Environment and Human Security: 50 million ‘environmental refugees’ by 2010, UN Environment Programme (UNEP): by 2060 50 million ‘environmental refugees’ in Africa alone, Christian Aid: nearly a billion people could be permanently displaced by 2050: 250 million by climate change-related phenomena such as droughts, floods and hurricanes, and 645 million by dams and other development projects) • Somemovementmay be coercion (forceddisplacement) • P: multi-causalityofclimate-changedisplacementtogetherwithotherfactors • Majorityofdisplaced persons (due to sudden-onsetnaturaldisasters or environmentaldegradation) remain in theircountryoforigin • Somedisplacementmay be acrossinternationallyrecognizedstate borders

  26. InternalDisplacement • 1998 UN Guiding PrinciplesonInternalDisplacement • ”persons or groupsof persons who have beenforced or obliged to flee or to leavetheirhomes or placesofhabitualresidence, in particular as a resultof or in order to avoidtheeffectsof …. Natural or human-madedisasters, and who have not crossed an internationallyrecognized State border.” • Guiding principlesprovidethe normative framework for protectinginternallydisplaced persons, recognized in several UNGA resolutions (P: not legally binding) • Whichobligations do States have under internationallaw to protectinternallydisplaced persons? (Guiding principle 3: ”statesbeartheprimaryduty and responsibility to provideassistanceamdprotection in all phasesofinternaldisplacement”) • P: Human rights challenges during displacement and restoring rights afterrelocation

  27. International Displacement • International protectionofrefugees • 1951 Convention relating to the Status ofrefugees (defineswho is a refugee, their rights and legal protection) • Refugee: a person who ”owing to wellfoundedfear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.” • P: climate-induced displacement not considered • Some displaced persons may fall into already marginalized groups, become more vulnerable to climate change and could qualify for refugee status • 1969 OAU Convention Governing Specific Aspects of Refugee problems in Africa/ 1984 Cartagena declaration on refugees: include persons that are compelled to flee due to “events seriously disturbing public order”

  28. International Displacement • Protectionofexternallydisplace persons that do not qualify as refugees? • Non-refoulementprinciple (no person, regardlessof status or conduct, may be returned in any manner whatsoever to a countrywhere his or her life or integritywould be at risk) • Human rights lawapplicable to aliens • protectionoftheirstateoforigin (stateoforiginmay be anable or unwilling to protectitscitizens) • No right to enter a country and stay • proposedchanges: amendmends to the 1951 Convention? (P. risk ofrenegotiation – may undermine regime for protectionofrefugeesaltogether)

  29. Legal Questions and Research Agendas: How to ensure a Right to information (Aarhus Convention) in thosecountries most affected by climatechange? Technology transfer and theprotectionof IPR Mutuallyreinforcingobligations under the UNFCCC and the ICESCR State responsibility for climatechange harms to individuals/ communities Is there an obligation - under human rights law - ofwealthycountries to mitigateclimatechange? Liabilityof private actors for climatechangedamages to individuals? Considerationofclimatechange harm as a crime? Obligationsof States under International Law to addressinternallydisplaced persons International protectionofclimate-inducedinternationallydisplacedpersons (refugees/notqualifying as refugees)

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