A/HRC/16/62
the international transfer of technologies to foster sustainable development and avoid human
rights violations. Certain climate change mitigation technologies, where appropriate, might
provide a path to low-carbon development; however, the implications of those technologies
for human rights and the environment, beyond just climate change, must also be considered.
The human rights implicated by climate change emphasized the need for the international
transfer of particular technologies for adaptation, such as: technologies of advance warning
in the case of impending natural disasters and natural disaster prevention/remediation
technologies (linked to the right to life); building technologies for resistance to extreme
weather events (linked to the right to adequate housing); water saving, capture, desalination
and re-use technologies (linked to the right to water); medicines, vaccines, pest-control
measures, sanitary products and processes including technologies related to potable water
(linked to the right to health); and integrated, sustainable forest management techniques and
agricultural practices (linked to availability and accessibility of the right to food). In
addition, when and where appropriate, genetically modified organisms and pest-control
measures might also be linked to the right to food. Mr. Tuncak noted that intellectual
property rights could be a barrier to the transfer of several technologies, in particular with
relation to technologies related to climate change adaptation, such as medicines and
genetically modified organisms. The application of a rights-based approach to technology
transfer in the context of climate change presented many opportunities, including
prioritizing which technologies should be targeted for development and transfer, based upon
human rights implications; helping to identify the most pressing barriers that intellectual
property and other economic legal regimes posed to sustainable development; and helping
to improve governance, in taking a holistic approach to the effectiveness of interventions for
the mitigation of and adaptation to climate change.
41.
José María Díaz Batanero, the focal point for the Climate Change Programme of the
International Telecommunication Union (ITU), outlined ways in which ITU was promoting
the use of information and communication technologies (ICTs) to address climate change,
for instance by: promoting new standards and regulations aimed at a reduction of energy
consumption by ICT equipment; encouraging the industry to focus on energy efficiency and
the use of renewable energy sources; addressing e-waste and recycling; and developing an
e-environment toolkit to help countries assess the contribution that ICTs can make to reduce
greenhouse gases. He reported that over 40 organizations worked with ITU to develop a
methodology for measuring ICT carbon footprints, and a global online community was
available to exchange best practices in the use of ICTs to promote sustainable development.
ICTs should be included in national development plans, industrial sectors should be
encouraged to adopt ICTs to reduce their carbon footprint, and open standards that use
energy efficiency should be adopted as a key technical factor.
42.
Representatives of the Plurinational State of Bolivia, Algeria, Ecuador and the
Bolivarian Republic of Venezuela, and of Espace Afrique International, Nord-Sud XXI,
Earthjustice, and International Movement ATD Fourth World/International Council of
Women, WaterLex, and Ms. Puvinamasinghe intervened for interactive debate. It was stated
that clean technologies to address climate change should be in the public domain and not
subject to intellectual property rights. A change of paradigm to view nature as a global
system where each part played a role was advocated, and special rapporteurs, in particular
the Special Representative of the Secretary-General on human rights and transnational
corporations and other business enterprises should work on those issues. In response to
questions raised, it was stated that biofuels could be appropriate, depending on the country,
as they could increase greenhouse gases instead of reducing them and could have an impact
on the right to food when food crops were used for biofuels. It was commented that the
flexibilities of Trade-Related Aspects of Intellectual Property Rights (TRIPS) would allow
some flexibility with regard to public health but had been eroded by free trade agreements.
15
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