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Day Two of the Forum on Human Rights, Democracy, and the Rule of Law: “Human Rights, Democracy, and the Rule of Law are the Strongest Enablers of Climate Action”, says Forum Chair

Meeting Summaries

 

The Forum on Human Rights, Democracy and the Rule of Law today concluded the second and final day of its fifth session in Geneva, the theme of which was “Democracy and climate change: focusing on solutions”.  On its second day, the Forum held three panel discussions, hearing from United Nations representatives, climate change experts, State officials, academia, and civil society on a variety of topics pertaining to the impact of climate change on human rights, democracy, and the rule of law.

The Forum began its second day by holding its fourth panel discussion, on Legal clarity, democratic defence, and creativity.  The panel discussed the impact of recent legal decisions and initiatives on climate justice pursued by the International Court of Justice; regional courts in the Americas and Africa; regional bodies such as the Association of Southeast Asian Nations and the Council of Europe; and parliaments around the world.  Discussions also addressed the importance of litigation and civil society participation in achieving climate justice.

Speaking as panellists were Clément Nyaletsossi Voule, former United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and Association; Sumbue Antas, Permanent Representative of the Republic of Vanuatu; Liliana Ávila, Director of the Interamerican Association for Environmental Defense, Human Rights and Environment Program; Suraya Ahmad Pauzi, Deputy Permanent Representative of Malaysia in Geneva; Chris Mburu, Chief of Africa Branch ad interim, Office of the United Nations High Commissioner for Human Rights; Maria Diamantopoulou, Chair of the ad hoc Multidisciplinary Group on the Environment at the Council of Europe; and Danilo Garrido Alves, Legal Counsel for Campaigns at Greenpeace.

Also speaking were Indonesia and the Inter-Parliamentary Union.  Just Atonement Inc. and Global Forum for the Defence of the Less Privileged made additional statements.

In its fifth panel discussion on Harmony with nature: prioritising solutions that advance human rights, including the right to a healthy environment, the Forum addressed topics including the role of democratic institutions in enforcing legal frameworks on climate change; the importance of access to health care in achieving a just transition; the impact of climate change on indigenous rights; the harmful impacts of fossil fuels; and safeguarding indigenous peoples in the context of extractive industries.  Speakers also addressed renewable energy, geoengineering, and the need to redefine governance.

Speaking as panellists were Amiera Sawas, Head of Research and Policy, Fossil Fuel Non-Proliferation Treaty Initiative; Jorge E. Viñuales, Professor of Law and Environmental Policy at the University of Cambridge; Shweta Narayan, Campaign Lead at the Global Climate and Health Alliance; José Francisco Calí Tzay, Permanent Representative of Guatemala in Geneva; Peninnah Mbabazi Tashobya, Programme Associate for Climate Justice, Centre for Economic and Social Rights; Sheryl Lightfoot, Vice-Chair of the Expert Mechanism on the Rights of Indigenous Peoples; and Francesca Mingrone, Senior Attorney for the Climate and Energy Program for International Environmental Law.

Also speaking were Tunisia, the Plurinational State of Bolivia, India, and Mexico.  Further, the International Indian Treaty Council, Integracion Ciudadana Suiza, Just Atonement Inc., and Global Forum for the Defence of the Less Privileged made statements.

In the sixth and final panel discussion on Interconnected solutions for interconnected problems, speakers addressed topics on three key issues: systemic transformation, rights holders, and rights-based solutions.  They shared a diverse range of testimonies considering the connections between climate change and topics such as children and youth rights, artificial intelligence, the right to development, cities, businesses, gender, people of African descent, indigenous peoples, persons with disabilities, energy, nutrition, health, water, social protection, education, and migration.

Speaking as panellist were Shweta Narayan, Campaign Lead, Global Climate and Health Alliance; Benjamin Schachter, Coordinator, Environment and Climate Change Unit, the United Nations Office of the High Commissioner for Human Rights; Malcolm Noonan, Ireland Senator, Green Party; Arnold Kreilhuber, Regional Director of the United Nations Environment Programme, Geneva; Colette Pichon Battle, Co-founder and Vision and Initiative Partner at Taproot Earth; Daniel Uribe, Lead Programme Officer, Sustainable Development and Climate Change Programme, South Centre; Jazmin Burgess, Director for Inclusive Climate Action, C40 Cities; Mauricio Lazala, Chief, Business and Human Rights Section, the United Nations Office of the High Commissioner for Human Rights; Esther and Oisín, members of Ireland’s Children and Young People's Assembly; Marie-Claire Graf, Co-Founder Youth Negotiators Academy; Camilla Pollera, Programme Associate at Center for International Environmental Law; Jo Banner, Co-Founder and Co-Director, The Descendants Project; Johnson Jament, Founding Director of Blue Green Coastal Resources, member of the Asia Indigenous Peoples Pact Foundation; Juan Ignacio Pérez Bello, Human Rights Senior Adviser, International Disability Alliance; Lindsey Fielder Cook, Interim Deputy Director and Representative for Climate Change, Quaker United Nations Office; Ana Maria Suarez Franco, Secretary General, FIAN International; Elena Villalobos Prats, Technical Officer, Climate Change and Health at the World Health Organization; Tina Hočevar, Counsellor-Environmental Affairs, Permanent Mission of the Republic of Slovenia; Christina Behrendt, Head of Social Policy Unit, the International Labour Organization; and Sandra Ata, Climate Action against Disinformation.

In a closing address, Ioannis Ghikas, Chairperson of the Forum, said that during this session, the Forum had confirmed its unique role as a platform which connected democracy, human rights, and the rule of law, with the most pressing global challenge: climate change.  The Forum showed that democracy, human rights, and the rule of law were not obstacles to climate action but were its strongest enablers.

Summaries of the public meetings of the fifth Forum on Human Rights, Democracy, and the Rule of Law can be found here, while webcasts of the meetings can be found here.  Documents related to the fifth Forum can be found here.

The official dates for the sixth Forum will be announced here.

Fourth Panel on Legal Clarity, Democratic Defence, and Creativity

Opening Statement

CLÉMENT NYALETSOSSI VOULE, former United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and Association, said the panel was very important, as it would discuss several legal developments seen this year, including the Advisory Opinion of the International Court of Justice, which had impacted the way climate change was viewed, and pushed boundaries from a legal perspective. Mr. Nyaletsossi Voule invited panellists to consider how countries’ democratic processes could implement these recent legal decisions.  Without democratic institutions, these achievements could not happen.  Additionally, it was evident that the participation of indigenous peoples, as well of the rest of society, helped to shape norms and policies to combat global warming and deal with climate issues.

Discussion

In the panel discussion, speakers, among other things, described the threats posed by climate change, such as sea level rise, heavy rainfall and devastating floods, which led to biodiversity loss, reduced food production, and displacement.

Many interventions addressed the importance of litigation that promoted climate justice in the face of these threats.  One speaker said that there were currently over 1,000 climate cases against corporations, States, and regions before courts around the world. Litigation was an important tool to drive climate action but needed to be accompanied by strategic communication and civil society engagement, they said.

In this regard, several speakers presented recent landmark decisions in international and regional courts related to climate justice.

One speaker described the recent International Court of Justice Advisory Opinion on climate justice, which defined legal responsibilities for major polluters and States to phase out fossil fuels, and defined fossil fuel production permits and subsidies as internationally wrongful acts.  The speaker said they were advancing a United Nations General Assembly resolution to endorse and operationalise the Advisory Opinion, which would empower human rights bodies to monitor States’ compliance with climate obligations.

Another speaker presented the recent Inter-American Court of Human Rights Advisory Opinion on the climate emergency and human rights, which made it clear that States in the Americas had binding obligations to prevent, mitigate, and repair the climate, following human rights law. It also included the concept of the highest standard of due diligence.  The Advisory Opinion gave voices to people who had been calling for justice for decades, including indigenous peoples.

A speaker said the Association of Southeast Asian Nations was preparing a declaration on the right to a safe, clean and healthy environment, which was expected to be adopted later this month.  The declaration would articulate a regional commitment to recognise environmental rights and include provisions on environmental impact assessments, due diligence, and protection of indigenous peoples.

The African Court on Human and Peoples' Rights had also received a request to develop an Advisory Opinion that would clarify the positive climate obligations of African States and non-State actors related to climate adaption, resilience, and mitigation measures, and the climate rights of citizens, another speaker said.  The Court would soon conduct a preliminary examination to determine whether the advisory opinion met eligibility criteria.  It tried to involve civil society in all processes, and civil society’s contributions would be vital in implementing the Advisory Opinion.

One speaker said that last May, the Council of Europe had adopted an environmental strategy that integrated human rights into environmental strategies.  The strategy included measures to protect environmental human rights defenders, as well as wildlife, ecosystems, and habitats.  It called for just transitions based on inclusive public participation, addressed growing concerns over democratic backsliding and misinformation, and promoted access to information and transparency.  A monitoring system was in place to enhance accountability and provide guidance on policies and practices for States.

The speaker also said that the Council of Europe had also adopted a Convention on the Protection of the Environment through Criminal Law, which targeted serious environmental crimes such as unlawful habitat destruction, widespread pollution, industrial accidents, and forest fires.  The speaker called on all States of the world to sign and ratify the Convention as soon as possible; ten signatures were needed for its implementation.

Speakers also addressed the obligations of parliaments, which needed to adopt climate plans and greenhouse gas reduction plans that were in line with the 1.5-degree Celsius threshold for warming.  More parliaments also needed to adopt laws to prevent strategic lawsuits against public participation and introduce an early dismissal mechanism for such lawsuits.  There were limited opportunities for people to bring their claims to the courts regarding violations by corporations in some countries.  This issue needed to be addressed through strong laws and greenwashing also needed to be regulated, speakers said.

Some speakers expressed concerns regarding State repression of environmental protests, targeting of environmental non-governmental organizations with strategic lawsuits against public participation, and the imposition of sanctions on judges and prosecutorial staff of international courts by powerful States, and called for these actions to be countered through legal remedies.

Several speakers also presented efforts to develop laws and policies to achieve a clean, healthy and sustainable environment, reduce emissions, and implement Nationally Determined Contributions.  They also presented efforts to advance mitigation measures in regional and international fora.

Closing Statement

CLÉMENT NYALETSOSSI VOULE, former United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and Association, said the discussion showed that there was no legal uncertainty when it came to State’s obligations to address climate change.  All the legal decisions which had been made so far, and those still to come, reinforced the need for participation.  It was vital that those most affected by the climate crisis were part of the design and implementation process for climate solutions.

Fifth Panel on Harmony with Nature: Prioritising Solutions That Advance Human Rights, Including the Right to a Healthy Environment

The Forum began the fifth panel by watching a video illustrating a poem, “The Blue Blanket”, written by Helen Walne.

Opening Statement

AMIERA SAWAS, Head of Research and Policy, Fossil Fuel Non-Proliferation Treaty Initiative, said not all solutions were equal, and not everything put forward as a solution was one. The panel would unpack elements of the climate transition, identifying opportunities and challenges for unlocking justice.

Discussion

In the discussion, speakers among other things, said the human footprint on the earth’s system had become massive.  Only a small portion of the population were responsible, with the majority suffering as a result. One speaker echoed the United Nations High Commissioner for Human Rights, recalling that one per cent of the population were responsible for the majority of the world’s carbon footprint.  The conduct in breach of international law related to production and overconsumption.  In its Advisory Opinion on climate justice, the International Court of Justice had identified legal consequences for States.  Democratic institutions could play a role in enforcing frameworks through developing strong climate litigation and functioning courts, as well as by recognising the importance of environmental defenders.

Every stage of the fossil fuel industry had deep pervasive health harms, a speaker said, with effects seen from birth through to old age.  This included many kinds of cancers.  No one was spared; 99 per cent of people were breathing toxic air, according to the World Health Organization.  Another speaker noted that there were eight million deaths per year due to this issue.  A just transition needed to be democratic and health centred, repairing the political inequalities deepened by the fossil fuel industries.  Health equity needed to be embedded into every transpiring plan.  Governments had to ensure that those who profited from pollution bore the cost of the damage.  It was important to break the grip of disinformation imposed by the fossil fuel industry, and ensure policymaking was guided by truth.

When projects were being developed, it was important to respect territorial rights of indigenous peoples and ensure free, prior and informed consent was a prerequisite, said another speaker.  There needed to be public traceability of financial flows, channels for reparation, and the inclusion of the voices of indigenous peoples.  One speaker said in some cases, if countries pulled out of agreements for environmental reasons with foreign investors, the investors could take the host state to court.  The International Covenant on Economic, Social and Cultural Rights emphasised the need for respect of extraterritorial obligations, ensuring that projects under countries jurisdiction did not cause harm elsewhere.  It was vital to ensure communities were part of decision-making processes and that countries understood what was at stake when decisions were being signed. 

One speaker noted that as climate action accelerated and the demand for renewable energy intensified, indigenous lands were increasingly being targeted for extraction of critical minerals such as lithium and cobalt, which were essential to the global energy transition.  Indigenous human rights defenders faced risks for defending their land and environments.  Renewable energy development affected the rights of indigenous peoples across the entire value chain.  Mining contaminated water, destroyed forests and damaged sacred landscapes, threating rights to health, food, water and the clean environment. 

To safeguard indigenous people in the context of extractive industries, the Declaration on the Rights of Indigenous Peoples should be fully implemented.  One speaker said the European Union Due Diligence Directive had been adopted earlier this year, which explicitly mentioned indigenous peoples.  This meant any mining company who wished to export to the European Union would have to undertake due diligence.

Another speaker raised the topic of geoengineering, which referred to a set of large-scale interventions in the earth’s system to counteract the effects of climate change.  The Intergovernmental Panel on Climate Change and other advisory bodies had warned of the risks of geoengineering.  The question of governance was at the core of the debate on this issue.  There was no treaty which solely addressed geoengineering, but there were conventions which contained relevant provisions.  States were called to work towards a global “non-use” agreement in this regard.

Speakers reiterated that combatting climate change and the energy transition could not be separated from human rights, and the response should also include indigenous peoples.  To achieve harmony with nature, climate finance needed to be rewritten, and the concept of government redefined.  The recognition of a healthy environment as a fundamental human right, was imperative.  Legal frameworks needed to be strengthened, and protection for environmental defenders increased, to confront the challenges which remained ahead. 

Sixth Panel on Interconnected Solutions for Interconnected Problems

Opening Statement

SHWETA NARAYAN, Campaign Lead, Global Climate and Health Alliance, said she grew up in a small industrial town in eastern India, built around the idea that development would come at the cost of the environment.  Her father, who worked at the steel plant would return each evening covered in coal dust; pollution was part of her reality.  She suffered from breathlessness and cough due to the pollution, and these health harms were associated with her city.  Every stage of life was affected by the harms of fossil fuels.  It was important not to forget those who had sacrificed their lives and their health; the response needed to be led by workers, women, and indigenous peoples among others.  There was an opportunity to undo the harm which had already been done. 

Discussion

In the discussion, speakers shared a diverse range of testimonies on interconnected solutions to interconnected problems, which considered the connections between climate change and topics such as children and youth rights, artificial intelligence, the right to development, cities, businesses, gender, people of African descent, indigenous peoples, persons with disabilities, energy, nutrition, health, water, social protection, education, and migration.

On children and youth, speakers said the United Nations Committee on the Rights of the Child was the first human rights treaty body to address children’s right to a healthy environment. Children’s futures depended on how we implemented this right.  Children were affected by biodiversity loss and climate injustices.  They offered solutions to these challenges and were also holding governments accountable for their actions.  They had the right to education on climate change, without which the crisis could not be addressed.  Policymakers needed to include children and young people’s voices in decision making and make laws that protected children stronger.  One speaker presented efforts to train young people to participate in negotiations and encourage their participation in global governance, while another described a project that used storytelling to promote empowering climate education.

Artificial intelligence, some speakers said, was contributing to the climate crisis.  Data centres that hosted this technology used massive amounts of water in cooling data centres.  Proper regulation of artificial intelligence was needed to protect against harmful disinformation on climate change.

Many speakers said that protecting nature was a human rights imperative.  Restoring mangroves and degraded lands, and managing urban green spaces were all pragmatic steps that could be taken to protect the environment. All nature-based solutions needed to be grounded in human rights.  When the benefits of green projects were shared equitably, the results were more sustainable and just.  Management of land, water and living resources needed to respect ecological limits and human wellbeing.  Environmental action should not come at the cost of livelihoods.  By working in harmony with nature, we could create solutions that protected the environment while uplifting people.

One speaker said advancing climate reparations was an opportunity to right wrongs and rebuild a global community rooted in care and restoration.  Policies and mechanisms needed to be built to transfer resources to communities made vulnerable by extraction, exploitation, pollution, and harm.  It was up to those on the front lines to define what repair, rehabilitation, and satisfaction looked like.

On the right to development, one speaker said traditional climate financing created structures that deepened foreign debt and crippled nations’ capacities.  The digital revolution was also increasing inequalities in developing nations.  The right to development called for human-centred development.  It empowered national action, grounded methods of cooperation and participation, and helped to build coherent, effective multilateralism required to secure a sustainable future for all.

Cities were often ground-zero for climate and human rights issues, one speaker said, as they were faced with extreme heat, flooding, and other disasters.  City governments, however, had powers over key areas that drove climate mitigation, such as buildings and transport.  They were integrating equity and inclusion in climate action and promoting green job creation, particularly for marginalised groups such as youth.  The speaker presented examples of city initiatives promoting climate action, including sustainable waste management and green settlements.  Cities were a source of innovative approaches to promoting human rights through climate action.

Businesses were uniquely positioned to address climate change, another speaker said.  They needed to align climate goals with human rights-based labour standards and ensure that climate action left no one behind.  Businesses also needed to take steps to protect human rights defenders.  Leadership was not about profit margins, it was about survival, justice, and legacy, the speaker said.

Gender, race, class, geography and sexuality influenced our response to climate change, one speaker said.  All parties to the Conference of the Parties needed to include gender responsive and human rights-based climate action across all areas and agenda items.  Measures also needed to be included to protect women environmental human rights defenders.  The work and leadership of women in addressing the climate crisis needed to be acknowledged.

One speaker said fossil fuel producers were controlling land in the United States that had once been worked by slaves, and how their activities were harming their health of the ancestors of victims of the slave trade.  Polluters had for too long had unchecked access to land and exploitation of the environment.  The more we rejected such extraction and exploitation, the better we could ensure a clean, healthy, and sustainable environment for all, the speaker said.

Another speaker expressed concern that climate change was affecting indigenous peoples’ traditional seasonal calendars and environment-based value systems.  In many countries in Asia, indigenous people were not recognised as such, and as a result, indigenous land was not protected.  Governments needed to acknowledge their indigenous populations and protect their lands and ecosystems.  The speaker presented examples of cases where scientific communities and companies had worked with indigenous peoples to produce solutions for addressing the climate crisis.

Persons with disabilities were disproportionately impacted by climate change, one speaker said.  The mortality rate of persons with disabilities in disaster situations was two to four times higher than for the rest of the population.  Only one per cent of climate adaption responses by States considered persons with disabilities.  Persons with disabilities needed to be actively involved in decision making on climate change, including at the 30th Conference of the Parties and in discussions on bilateral agreements related to climate change-induced migration.

One speaker stressed the need to hold polluters accountable, encourage community ownership of energy infrastructure such as wind turbines, and subsidise renewable energy production and use. Grants rather than loans needed to be used to help developing countries to implement sustainable energy.  States also needed to address energy efficiency and energy reduction, they said.

Another speaker spoke about the link between climate mitigation and nutrition, presenting self-organised Brazilian community kitchens that used local produce and worked to ensure the right to food, fighting corporation-driven systems.  These kitchens promoted local markets and ensured that there was less food waste.

A speaker presented the human rights-based approach to health, which was connected to the right to water and sanitation, the right to a healthy environment and nutritious food, and climate change agreements.  The key instrument that countries had to advance health was universal health coverage and primary health care.  As temperatures increased, so too did the prevalence of diseases.  Ministries of health needed to influence decisions made by other ministries that affected health, such as in the transport sector.

On water, one speaker said only one-third of river basins around the world had normal conditions; glaciers continued to melt at record rates; and some 2.2 billion people lacked safely managed drinking water, while a single large data centre consumer up to five million gallons of water a day.  When humans treated water as endless, they drained the foundations of democracies and human rights.  The speaker presented efforts in various cities and countries to protect water systems, including by establishing cooperative agreements.  By protecting water, we were protecting life itself.

One speaker said social protection systems had helped during climate crises, reducing vulnerabilities and supporting mitigation and adaptation mechanisms.  Almost half of the global population was not covered by social protection.  The most urgent challenge was protecting those at the front lines of the climate crisis.  Developing social protection solutions could help to address deep rooted disparities that had been exacerbated by the climate crisis.

One speaker said that of the 49 countries that had experienced displacements in 2024 due to conflicts or violence, 45 also experienced displacements due to climate change.  Climate change aggravated situations of conflict.  The speaker presented international and regional frameworks for the protection of persons who were displaced by climate change.  Migrants, refugees, and displaced populations needed to be included in climate actions and disaster and risk reduction efforts, and to be seen as part of the solution.

Closing Statement for the Sixth Panel

JO BANNER, Co-Founder and Co-Director, The Descendants Project, said her family descended from slaves who worked on plantations in Louisiana, and her community was based close to these sites.  Her great grandparents believed in buying land and understood how important this was. Some of Ms. Banner’s relatives had escaped plantations and fought the confederacy, and after that had established freedom towns, including the one where she had grown up.  There were several major forms of pollution close to her community, including chemical plants, pesticides, and sugar cane burning.   This pollution came directly from the plantation system; there were around 200 chemical plants throughout her community.  Due to the pollution, the community had faced uncommon types of cancer, including men with breast cancer.

The area was facing major climate vulnerability.  Ms. Banner said her company had created more jobs, including through plugging abandoned oil wells.  This was a just transition for plant workers.  Her company was doing its best to communicate the extent to which her community was suffering from plastic pollution.  It was important to focus on stopping the production of plastic, rather than recycling.

Concluding Remarks for the Forum

In closing remarks, IOANNIS GHIKAS, Chairperson of the Forum and Permanent Representative of Greece to the United Nations Office and other international organizations in Geneva, thanked the Human Rights Council for the trust placed in Greece, to chair the fifth session of the Forum.  He thanked all the panellists, Member States, children, youth and civil society for their engagement over the past two days.  During this session, the Forum had confirmed its unique role as a platform which connected democracy, human rights, and the rule of law with the most pressing global challenge: climate change.  The discussions had heard how the warming planet was eroding the right to food, water, and housing.

Overcoming the climate crisis required technological change and democratic renewal.  The Forum highlighted that the recognition of the human right to a clean, healthy, and sustainable environment was one of the key achievements of our time.  Key legal decisions, including by the International Court of Justice, the Inter-American Court of Human Rights, and the African Court on Human and Peoples' Rights, among others, showed climate justice was no longer an abstract aspiration; it was becoming a matter of hard legal obligation and democratic accountability.  The energy transition was becoming the economically preferred option.

During the session, many speakers had stated that it was time to embed legal obligations in national laws, budgets and climate plans; protect environmental defenders; and ensure access to participation for all.  Presenters had also emphasised that the process of a just transition should be democratic and centred on health and equity.  Indigenous leaders highlighted that genuine sustainability depended on reciprocity with nature, and that harmony with nature was a democratic and moral imperative.  Cities were recognised as crucial actors in climate mitigation, with research showing that 70 per cent of Paris Agreement targets could be met with urban action.  Many participants called for a precautionary approach to new technologies, and for renewed policy protection measures in the context of extractable materials.

Mr. Ghikas said the Forum showed that democracy, human rights and the rule of law were not obstacles to climate action but were its strongest enablers.  To restore balance with nature, it was important to restore trust in the systems of Government.  Participants were invited to leave Geneva with a renewed commitment to build climate solutions rooted in justice, equality, and harmony with nature.

 

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Produced by the United Nations Information Service in Geneva for use of the media; 
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

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