A/HRC/44/44
Idai and Hurricane Dorian. Raging wildfires devasted large parts of Australia, North
America and Europe. In the Arctic, landscapes are being altered in ways that severely
threaten indigenous cultures and health. These facts are all well known, and are examples
of the negative human rights impacts of climate change that are occurring globally. Human
rights-based international solidarity in the context of climate change arises partly due to the
physical interdependence between humankind and nature, which has no political
boundaries, and deeply interconnects disparate regions through ecological dynamics that
tend to implicate all States and peoples. Protecting the global environment and addressing
the local impacts of climate change through human rights-based international solidarity are,
therefore, an objective necessity that can no longer be delayed.
7.
Climate change results from globally interlocking economic systems that drive
unsustainable modes of production and consumption, especially of fossil fuels and other
extractive commodities. 3 The asymmetrical distribution of wealth through the global
economy also reinforces the profoundly unfair reality that those who have contributed the
least to the problem at issue tend to feel its greatest effects. 4 As temperatures rise,
inequalities are compounded.5 Climate change exacerbates social vulnerabilities based on
gender, disability, poverty, age, place of birth, indigeneity, etc. 6 In the Independent Expert’s
view, the enjoyment of human rights-based international solidarity is critical to the
successful transformation of these problematic economic structures, adaptation to a
changing world and redress for any loss or damage resulting from climate change.
8.
Expressions of international solidarity to meet these challenges are not new. For
example, two long-standing concepts of the international law on climate change recognize a
unity of interests, as well as respect for differing values, rights and needs in pursuing global
environmental protection, and therefore express certain dimensions of international
solidarity. First, the status of climate change as a “common concern of humankind” is
universally accepted and implies the widest cooperation and positive action for the benefit
of present and future generations. 7 Second, has been the recognition that States have
“common but differentiated responsibilities and respective capabilities”, which is key to
international cooperation. At a minimum, this principle captures the shared responsibilities
of States to address climate change and their differing capacities to act. For developing
countries, the principle may also recognize the main responsibility of developed countries
for historical and per capita emissions, the lesser capacity of developing countries to adapt,
and their priorities of development and poverty eradication (FCCC/CP/1995/7/Add.1, para.
1).
9.
The principle of common but differentiated responsibilities and respective
capabilities underpins each State’s pledge under the Paris Agreement – known in that treaty
as a “nationally determined contribution”. 8 The Paris Agreement grants parties some
discretion in determining their nationally determined contributions because it does not
stipulate internationally negotiated targets or domestic measures. However, of relevance to
human rights-based international solidarity, the treaty requires that developed countries
provide finance to developing countries for mitigation and adaptation, that developing
countries receive technological support and that developed countries take the lead in
3
4
5
6
7
8
Usha Natarajan, “Climate justice”, in Routledge Handbook of Law and Society, Mariana Valverde and
others, eds. (forthcoming, on file with the Independent Expert).
Ibid.
Intergovernmental Panel on Climate Change, Global Warming of 1.5C: An IPCC Special Report on
the Impacts of Global Warming of 1.5C Above Pre-Industrial Levels and Related Global Greenhouse
Gas Emission Pathways, in the Context of Strengthening the Global Response to the Threat of
Climate Change, Sustainable Development, and Efforts to Eradicate Poverty (2018).
See the Committee on the Elimination of Discrimination against Women, the Committee on
Economic, Social and Cultural Rights, the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the Committee on the Rights of the Child and the
Committee on the Rights of Persons with Disabilities, “Joint statement on ‘human rights and climate
change’” (16 September 2019); and A/HRC/41/39 and Corr.1.
General Assembly resolution 43/53.
Paris Agreement, art. 4 (1)–(3).
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