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