A/HRC/31/52
59.
To be effective, public participation must include the provision of information to the
public in a manner that enables interested persons to understand and discuss the situation in
question, including the potential effects of a proposed project or policy, and must provide
real opportunities for the views of the affected members of the public to be heard and to
influence the decision-making process.33 These principles are of special importance for
members of marginalized and vulnerable groups, as other mandate holders have described
in more detail (see, e.g., A/64/255, paras. 63-64; A/66/285, paras. 81-82; and A/67/299,
para. 37). In some cases, as the Special Rapporteur on the right to housing has stated, it may
be necessary to build the capacity of members of such groups in order to facilitate their
informed participation (see A/64/255, para. 63). Again, these requirements apply not only
to decisions about how much climate protection to pursue, but also to the measures through
which the protection is achieved. Decisions on mitigation or adaptation projects must be
made with the informed participation of the people who would be affected by the projects.
60.
To enable informed public participation, the rights of freedom of expression and
association must be safeguarded for all people in relation to all climate-related actions,
including for individuals who oppose projects designed to mitigate or adapt to climate
change. To try to repress persons trying to express their views on a climate-related policy or
project, whether they are acting individually or together with others, is a violation of their
human rights. States have clear obligations to refrain from interfering with those seeking to
exercise their rights, and States must also protect them from threats, harassment and
violence from any source (see A/HRC/25/53, para. 40).
61.
At the international level, States should ensure that projects supported by climate
finance mechanisms respect and protect all human rights, including the rights of
information, participation and freedom of expression and association. As the recent UNEP
report describes in detail, these mechanisms vary in their current levels of protection. Some,
such as the Adaptation Fund, include safeguards that are generally considered to be
satisfactory, while others, such as the Clean Development Mechanism, have been criticized
for failing to provide for adequate stakeholder consultation and thereby resulting in human
rights violations through displacement and the destruction of livelihoods. 34 The Special
Rapporteur strongly agrees with the recommendation in the UNEP report that “the
safeguards for the various climate funds and other mechanisms used to finance mitigation
and adaptation projects should be made uniform and revised to fully account for human
rights considerations”.35
3.
Providing for effective remedies
62.
From the Universal Declaration of Human Rights onward, human rights agreements
have reflected the principle that States should provide for an effective remedy for violations
of their protected rights. Human rights bodies have applied that principle to human rights
infringed by environmental harm, and there is no reason to doubt that the requirement to
provide for an effective remedy applies to violations of human rights relating to climate
change.
63.
Every State should ensure that its legal system provides for effective remedies for all
human rights violations, including those arising from climate-related actions. For example,
States should provide for remedies, which might include monetary compensation and
injunctive relief, for violations of the right of free expression in connection with climaterelated projects. At the international level, States should work together to support the
33
34
35
UNEP report, pp. 17-18.
Ibid., pp. 36-39.
Ibid., p. 41.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents