A/HRC/44/44
transnational litigants seeking clarity on whether the behaviours of States and corporations
interfere with the enjoyment of fundamental rights. 35
18.
Beyond these examples, the Independent Expert highlights two countries whose
commitments and partnerships manifest human rights-based international solidarity because
they reflect their responsibilities, capacities and social justice goals. One industrialized
country in the Pacific is notable for legislating a net-zero target by 2050.36 It is ending fossil
fuel exploration permits and planting one billion trees. 37 This country has also pledged
$300 million to global climate finance, of which $150 million will go to developing
countries in the Pacific. It is committing to support the self-determination and
environmental stewardship of indigenous peoples. The country has also focused on climate
change adaptation for workers and communities by supporting water quality and the
agricultural sector. Finally, this country is prioritizing well-being over economic growth,
which carries great potential for human rights-based international solidarity as it promises
to catalyse new thinking globally about the relationship between humanity, nature and
development.38 It will also mean that its contributions to the impact climate change has in
other lands will be reduced significantly.
19.
The other country, which is in Asia, is among the places most vulnerable to
cyclones, storm surges and floods, which have already resulted in displacement and death. 39
Yet, the country produces as little as 0.3 per cent of global emissions. 40 The country has
been responding to this challenge by participating in the international climate regime and
collaborating with partners for climate change-related finance and capacity-building. For
instance, the country has created a national action plan, established institutional
arrangements, and devoted billions to disaster risk management. 41 It also devised a climate
change and gender action plan to account for the risks to, and positive contributions of,
women.42 From this example, it should be clear that poorer and more vulnerable countries
can express human rights-based international solidarity in the climate change field when
they work towards adaptation, focus on gender and otherwise safeguard local peoples with
the support of those who have both a greater responsibility for the creation of the climate
change problem and a stronger capacity to act.
C.
Regional laws and practices
20.
Some regional laws and practices have contributed significantly to enhancing human
rights-based international solidarity in the context of climate change as they cultivate
fellowship among States in this field, often to their mutual benefit and that of the
international community at large. The Inter-American Human Rights System stands out in
this connection, as it has produced manifold hearings, reports and other practices that
address the development of international human rights law on climate change. Crucially, in
2018, the Inter-American Court of Human Rights released an Advisory Opinion confirming
that States have duties to prevent activities within their territories that contravene the
human rights of peoples in other States due to the environmental damage that such actions
lead to, a ruling that has implications for dealing with the transboundary nature of climate
change. 43 The Inter-American Commission on Human Rights has provided a forum for
35
36
37
38
39
40
41
42
43
See Jacqueline Peel and Hari M. Osofsky, “A rights turn in climate change litigation?”, Transnational
Environmental Law, vol. 7, No. 1 (2018).
New Zealand, Climate Change Response (Zero Carbon) Amendment Bill (Royal Assent, November
2019).
Government of New Zealand, “Framework for climate change policy and key upcoming decisions”
(2018).
Government of New Zealand, The Wellbeing Budget (2019).
See Gardiner Harris, “Borrowed time on disappearing land”, New York Times, 28 March 2014.
Ibid.
Government of Bangladesh, Bangladesh Climate Change Strategy and Action Plan 2008.
Government of Bangladesh, Bangladesh Climate Change and Gender Action Plan (2013).
Sumudu Atapattu and Andrea Schapper, Human Rights and the Environment: Key Issues (New York,
Routledge, 2019), pp. 97–98.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents