A/HRC/20/7
mitigation techniques must still respect the human rights of vulnerable populations.
Nonetheless, investments in these rural areas for the production of biofuels as part of a
broad strategy to address climate change have frequently failed to ensure the protection of
the region’s impoverished citizens, particularly as pertains to food security. These examples
demonstrate that well-intentioned attempts to address climate change may fail to achieve
their objective of protecting vulnerable populations. Accordingly, the panellists observed
that a human rights-based approach is essential to addressing the adverse effects of climate
change while ensuring that the threats facing vulnerable persons are not unnecessarily
compounded.
23.
The panellists asserted that a human rights-based approach to climate change is also
pragmatically necessary because litigation alone is not working. It is well understood that
climate change affects a whole range of human rights. States are legally obligated to respect
these human rights under customary international law and through treaties such as the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights. Nevertheless, efforts to invoke environmental legal
obligations have not created the tangible results necessary to be a sufficient solution. Two
petitions before the Inter-American Commission on Human Rights asserting human rights
claims stemming from climate change have garnered significant attention. Nonetheless,
such claims face significant jurisdictional limits due to the extraterritorial nature of climate
change and the inability of regional courts to bind non-state actors.
24.
The panellists concluded that a human rights-based approach should inform all
policies related to climate change. This includes not only humanitarian responses, but also
mitigation and adaptation policies. Because responses to the impacts of climate change
have primarily been knowledge-driven, the panellists further recommended that the human
rights-based approach should be anticipatory by promoting disaster and risk reduction
awareness.
25.
To supplement these general conclusions, the panellists in Session 1 provided
concrete steps for addressing the impacts of climate change on human rights. The panellists
noted that several special-procedure mandate holders, including the Special Rapporteurs on
the human rights of migrants, the right to adequate housing, the right to food, and the right
to safe drinking water and sanitation, have all considered the impacts of climate change
from the perspective of their mandates. Encouraging all existing mandate holders to
consider the impacts of climate change on human rights will further illustrate these linkages
and aid in mainstreaming the understanding that climate change is a human rights issue.
Additionally, the panellists indicated that certain international instruments, such as the
Declaration on the Rights of Indigenous Peoples, would serve as useful guidelines when
developing policy solutions as well as mitigation and adaptation strategies.
C.
Session 2: International cooperation and respect for human rights in all
climate change-related situations
26.
Session 2 focused on the status of international cooperation and respect for human
rights in all situations relating to climate change. The moderator of the session was Idriss
Jazairy, Permanent Representative of the Mission of Algeria, and the rapporteur was Mario
Vega, Minister Counsellor for the Permanent Mission of Costa Rica. The panellists for this
session included Virginia Dandan, Independent Expert on international solidarity; José
Riera, Senior Adviser to the Director, Division of International Protection, United Nations
High Commissioner for Refugees (UNHCR); Shahidul Haque, Director of International
Cooperation and Partnerships at the International Organization for Migration (IOM);
Renate Christ, Secretary of the Intergovernmental Panel on Climate Change (IPCC);
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