A/HRC/16/62
strengthening and extending free, prior and informed consent to all whose rights are
adversely affected should be considered. Human rights derogations should be avoided by
establishing a rigorous safeguard system that goes beyond “do not harm”. Establishing
systems for preventing and resolving conflicts over access, use and ownership, and the
distribution of costs and benefits arising from climate change, mitigation and adaptation
actions was important for long-term sustainability.
37.
In the ensuing interactive debate, representatives of the International Environment
Forum, World Vision International, International Movement ATD Fourth World, Nord-Sud
XXI and Ms. Puvimanasinghe took the floor. The Social Forum should look not only at the
human rights of those affected by climate change, but also the physical, financial, social and
ethical challenges that such massive movements of populations represented for those
communities receiving the displaced persons. A human rights educational approach was
deemed essential to ensure respect for the human rights of the migrants. Others highlighted
the specific plight of children and in particular the impact of climate change on their right to
health, and the need to reduce vulnerabilities and mainstream child-rights adaptation into
development programming. It was argued that a human rights approach to climate change
was not a market-based approach centred on making the environment a commodity. It was
based on an imperative of action to protect individuals’ and peoples’ fundamental human
rights.
38.
In concluding remarks, Mr. Harsdorff noted that both issues of migration and
children were covered by the task team on social dimensions of climate change, through the
participation of the International Organization for Migration and the United Nations
Children’s Fund (UNICEF). While pricing the environment might not be the perfect
solution, it was still a solution and should not be disregarded because it was a market-based
approach. Mr. Newfarmer noted the World Bank’s engagement with local stakeholders at
early stages of project development, and confirmed the overlap and intersection of the
normative concerns of the human rights community and the development community in
improving health, livelihoods, eliminating disease, etc. He emphasized that pricing the cost
of environmental degradation correctly was crucial in order to ensure that polluters paid, as
was taking such pricing into account in policy framework development and project
evaluation. There could be a trade-off at the margin between economic growth and the
environment, and policies must be developed to accommodate that trade-off.
39.
Ms. Mohamed-Katerere welcomed the focus on migration in the interventions,
which were indicative of the much larger problem that all actions had costs. The crucial
issue was how to distribute those costs and what the responsibilities of the various parties
were, and how to begin a dialogue on the issue between the development and human rights
communities, and States and citizens. Using human rights was an important tool not only
for claiming the rights of vulnerable peoples but also for building consensus and
understanding. Civil society actors should develop ways to build a human rights culture at
the local level. One participant queried whether a global climate tribunal would be a viable
legal mechanism to implement human rights obligations related to climate change. There
was also support for the development of an international climate change tribunal,
particularly with regard to past and future responsibilities at the global level, while avoiding
the risk of a proliferation of tribunals. Regional and local mechanisms, including indigenous
conflict resolution mechanisms, were also crucial.
2.
Green economy and technology transfer
40.
Baskut Tuncak, a representative of the Center for International Environmental Law,
considered that technology transfer offered one solution to the paradox of development,
climate change and human rights. Noting studies that showed that 80 per cent of cleanenergy patents were owned by six countries, he stressed that there were legal obligations for
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