Day One Forum on Human Rights, Democracy and the Rule of Law: “Climate Emergency is a Wake-Up Call for More Participatory and Effective Governance,” says United Nations High Commissioner for Human Rights
The Forum on Human Rights, Democracy and the Rule of Law today opened its fifth session in Geneva, as mandated by Human Rights Council Resolution 28/14, under the theme “Democracy and climate change: focusing on solutions”. Several speakers presented opening statements, the programme of work for the session was adopted, and the Forum then 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.
Opening the session, Ioannis Ghikas, Chairperson of the Forum, said this year’s theme for the Forum, “Democracy and climate change: focusing on solutions,” could not be timelier. Climate change was not only an environmental challenge; it was a human and democratic one.
Jürg Lauber, President of the Human Rights Council, said the Forum provided a unique opportunity to share human rights-based solutions and discuss how democratic governance could drive just transitions to sustainable economies; how civic participation could lead to more resilient communities; and how the rule of law could safeguard environmental defenders and ensure accountability for climate harm.
Volker Türk, United Nations High Commissioner for Human Rights, said the climate emergency was a wake-up call for more participatory and effective governance, based on human rights. Ensuring climate solutions embraced human rights could guide the world to a more sustainable future. Mr. Türk envisaged three actions to reach this goal: an open civic space; budgets anchored in human rights; and a concerted push at the global level for effective global action and justice.
Opening statements were also made by Elisa Morgera, United Nations Special Rapporteur on the promotion and protection of Human Rights in the Context of Climate Change; Ana Toni, Chief Executive Officer, 30th Conference of the Parties to the United Nations Framework Convention on Climate Change; Denise Dora, Special Envoy on human rights and just transition, 30th Conference of the Parties to the United Nations Framework Convention on Climate Change; Sheryl Lightfoot, Vice-Chair and former Chair of the Expert Mechanism on the Rights of Indigenous Peoples; and Nicole Ponce, Global Advocacy lead, World’s Youth for Climate Justice.
Speaking as panellists in the first panel discussion on Climate change in a rule of law(less) context: a foresight exercise were Elisa Morgera, United Nations Special Rapporteur on the promotion and protection of Human Rights in the Context of Climate Change; Manjana Milkoreit, Postdoctoral Researcher at the University of Oslo’s Department of Sociology and Human Geography; Doreen Debrum, Permanent Representative of the Republic of the Marshall Islands to the United Nations Office and other international organizations in Geneva; Rebecca Willis, Professor in Energy and Climate Governance at Lancaster Environment Centre; Sebastián Lehuedé, Lecturer in Ethics, artificial intelligence, and Society, Kings College London; and Esther and Oisín, members of Ireland’s Children and Young People’s Assembly on Biodiversity Loss.
Also speaking were Romania (on behalf of a group of countries), Tunisia, Iraq, Cuba, Greece, the European Union, Algeria, South Africa, the Dominican Republic, Ethiopia, Armenia, Pakistan, and Equatorial Guinea.
Further, the Washington Brazil Office and Geledés - Instituto da Mulher Negra gave statements.
The panel discussion covered, among other things, the future threats of global warming and the climate crisis on countries of the Global South, particularly small island developing States and the necessity of fair and equitable development models; the projected impact of climate change on vulnerable population groups, such as youth, and resources; and the link between democracy and climate resilience.
Speaking as panellists in the second panel discussion on Participation, accountability, and fundamental freedoms – key enablers of a climate-just worldwere: Michael Camilleri, Chief of Branch, Office of the High Commissioner for Human Rights; Michele Poletto, Advisor, Climate Change and Democracy, IDEA; Ignacio F. Lara, Project Manager, Energy Transition, Environmental Democracy and Global South, Asuntos del Sur; Agi Veres, Director of the Geneva Office, United Nations Development Programme; Michel Forst, United Nations Economic Commission for Europe Special Rapporteur on Environmental Defenders; Ulises Quero, Programme Manager (Business, Land & Environment), International Service for Human Rights; Rodica Iordanca Iordanov, Executive Director of EcoConnect and former Environment Minister of Moldova; and Bethanie Carney Almroth, Professor, Department of Biological and Environmental Sciences, University of Gothenberg.
Also speaking were Jordan, Romania, Cuba, Colombia, Guatemala and Pakistan.
Centre Zagros pour les Droits de l'Homme, Just Antonement Inc, Istituto Internazionale Maria Ausiliatrice, Global Forum for the Defence of the Less Privileged, Asociación Internacional de Derechos Humanos y Desarrollo Social and Indian Council of South America also gave statements.
The panel discussion addressed topics including incorporating a human rights perspective into climate governance; the threats of mis- and disinformation on climate action; and the importance of including human rights defenders, indigenous peoples, youth, and other vulnerable groups in climate governance.
Speaking as panellists in the third panel discussion on Reimagining climate governance: how current governance fits (or does not) were Adam Day, Head of the Geneva Office of United Nations University Centre for Policy Research; Elise Buckle, Chief Executive Officer of Climate Bridges; Mitchell Lennan, lecturer, Law School, University of Aberdeen; Sepasitiano Patelisio, Vice-President, Pacific Islands Students Fighting Climate Change; Elisa Morgera, United Nations Special Rapporteur on the promotion and protection of human rights in the context of climate change; Amiera Sawas, Head of Research and Policy, Fossil Fuel Non-Proliferation Treaty Initiative; and Ghazali Ohorella, Legal Counsel, International Indian Treaty Council.
Also speaking were Cabo Verde, Brazil, Egypt, Jordan, and Cuba.
The panel discussion addressed topics including the impact of international agreements, such as the Paris Agreement, and the rulings of legal bodies, such as the International Court of Justice, on climate governance and justice; ways of reforming the Conference of the Parties process;
The fifth Session of the Forum on Human Rights, Democracy and the Rule of Law is being held in Geneva from 13 to 14 October. Summaries of the public meetings can be found here, while webcasts of the public meetings can be found here. The programme of work of the Forum’s Fifth Session and other documents related to the session can be found here.
The Forum on Human Rights, Democracy and the Rule of Law will reconvene at 10 am on Tuesday October 14 for the second and final day of panel discussions before closing its fifth session.
Opening Statements
IOANNIS GHIKAS, Chairperson of the Forum and Permanent Representative of Greece to the United Nations Office and other international organizations in Geneva, opening the Forum, said that the fifth session of the Forum, originally scheduled to take place in 2024, was postponed for a year by the Human Rights Council, following the liquidity crisis affecting the United Nations Secretariat.
For Greece, the principles of democracy, respect for human rights, and the rule of law were not only foundational values — they were part of the national identity. These values were as relevant today as they were at the dawn of democracy in ancient Athens, though they were facing many challenges. They remained essential pillars for peaceful, just and inclusive societies, and for a resilient multilateral system.
This year’s theme for the Forum — “Democracy and climate change: focusing on solutions” — could not be timelier. Climate change was not only an environmental challenge; it was a human and democratic one. It affected the most vulnerable first, tested institutions, and demanded transparency, participation, and accountability in terms of governance and sharing of resources.
The collective task of the Forum was to identify and share practical solutions — solutions that strengthened both democracies and the planet.
JÜRG LAUBER, President of the Human Rights Council and Permanent Representative of Switzerland to the United Nations Office and other international organizations in Geneva, said the Forum was established by the Human Rights Council as a platform for dialogue and cooperation on the interconnection between democracy, human rights and the rule of law.
Climate change had become one of the most pressing challenges of the century, one that tested the resilience of democratic institutions, systems of governance, and the world’s collective ability to act in solidarity. The theme of this session, “Democracy and climate change: focusing on solutions”, reminded the world that the climate crisis was not only an environmental issue, but also a profound human rights and governance issue.
Climate change threatened the full enjoyment of a wide range of human rights, from the rights to life, food, water, housing, and health, to cultural and development rights. Its impacts were felt most acutely by those who were least responsible and most vulnerable: small island nations, indigenous peoples, rural communities, women, and youth. Addressing these inequalities was not only a moral imperative, but also a democratic one.
The Human Rights Council had long recognised the urgency of this challenge. Since 2008, the Council had adopted 14 resolutions directly related to climate change and human rights, including an annual resolution since 2014. Over the past years, the Council had also adopted a series of resolutions affirming that a safe, clean, healthy and sustainable environment was essential to the enjoyment of human rights. It had established the mandate of the Special Rapporteur on the promotion and protection of human rights in the context of climate change to assist States and all stakeholders in translating these commitments into concrete action. Through its work, the Council had helped place human rights at the centre of global climate discussions.
This Forum provided a unique opportunity to share human rights-based solutions and discuss how democratic governance could drive just transitions to sustainable economies; how civic participation could lead to more resilient communities; and how the rule of law could safeguard environmental defenders and ensure accountability for climate harm.
Mr. Lauber reaffirmed the Human Rights Council’s long-standing commitment to protect individuals who cooperated with the United Nations and its mechanisms. He called on delegates to approach the discussion with a spirit of cooperation and innovation. The answers being sought required dialogue across borders, disciplines, and generations. Above all, they required a renewed commitment to respect for human dignity, equality, participation, and justice. The insights and practical recommendations that would emerge from this session would guide the Council, States, and all stakeholders in advancing a human rights-based, democratic response to climate change.
VOLKER TÜRK, United Nations High Commissioner for Human Rights, welcomed the focus on solutions to tackle the climate emergency. Human rights, democracy and the rule of law were the foundations for effective and sustainable climate action but were under threat nationally and internationally. Around the world, civil liberties and political rights had declined for 19 years straight, according to Freedom House. According to data gathered by the Office of the High Commissioner, 193 environmental and indigenous human rights defenders were killed or disappeared in 2024. Climate denial, challenges to science, and disinformation continued to spread, amplified on social media and fuelled by some political and corporate leaders. Some countries were cutting funding for climate and environmental action as they withdrew from key international agreements.
Meanwhile, the planet continued to heat up; 2024 was the warmest year on record, exceeding 1.5 degrees Celsius above pre-industrial levels for the first time. According to Oxfam, the world’s richest one per cent were responsible for more carbon emissions than the poorest 66 per cent. Conflicts were devastating the environment, which was often a forgotten result of war. Even countries with established institutions were struggling to act, and trust was eroding as a result. The climate emergency was a wake-up call for more participatory and effective governance, based on human rights.
Ensuring climate solutions embraced human rights could guide the world to a more sustainable future. Mr. Türk envisaged three actions to reach this goal: an open civic space, which allowed communities, including indigenous peoples, to voice their concerns in discussions on climate change; budgets anchored in human rights which could unlock climate action; and a concerted push at the global level for effective global action and justice, based on human rights, at national and international levels. A landmark opinion had been issued this year by the International Court of Justice which found State’s human rights obligations applied and were actionable in the context of climate change, however challenges remained.
Effective climate action went hand in hand with the full enjoyment of human rights. The principles of participation, transparency and accountability needed to be upheld to drive progress on climate action and justice. Governance needed to look beyond short-term electoral cycles and power grabs and commit to change for people, the planet, and generations to come.
ANA TONI, Chief Executive Officer, 30th Conference of the Parties to the United Nations Framework Convention on Climate Change, said the topics of climate change, human rights and the rule of law were becoming closer, as evidenced by the recent rulings on these topics by the International Court of Justice and the Inter-American Court of Human Rights. These topics were interdependent - combatting climate change was a way of addressing human rights issues. The Conference of the Parties had shown its interest in human rights and the rule of law through its appointment of a Special Envoy on Human Rights and Just Transition and its plan to host a Day of Human Rights and Justice, which would feature deep discussions on democracy, human rights and the rule of law.
ELISA MORGERA, United Nations Special Rapporteur on the promotion and protection of Human Rights in the Context of Climate Change, said democracy and the rule of law were essential for protecting human rights in the context of climate change, which had been underscored in her first report to the United Nations General Assembly in 2024 and emphasised by the Inter-American Court of Human Rights in its Advisory Opinion on the Climate Crisis.
Public authorities needed sufficient, reliable and integrated information to understand which foreseeable impacts on human rights arose from climate change and proposed response measures, while the public needed to be informed about the magnitude of negative human rights risks, the impacts of climate change, and response measures, to assess the adequacy of States’ and businesses’ efforts to protect human rights in the context of climate change. This was essential to support everyone’s resilience and adaptive capacities to respond to the adverse impacts of climate change.
Ms. Morgera’s report last year to the General Assembly also emphasised the dangers of disinformation campaigns on misleading and false solutions for a just transition that were spread or supported by business entities, including “green washing”, as well as defamation, attacks and strategic lawsuits against climate human rights defenders and scientists. State obligations in relation to climate disinformation and the intersectional protection of climate human rights defenders were reiterated and expanded upon by the Inter-American Court of Human Rights in its Advisory Opinion.
Ms. Morgera’s report to the Human Rights Council this year reflected on the extensive research on the fossil fuel industry’s playbook, which documented the evolving strategies to hide from the public long-standing knowledge of the expected devastating impacts of climate change, including through corporate capture of public policy spaces and attacks against climate scientists and defenders. These strategies were yet another layer of human rights violations affecting individual rights to information, science and public participation in decision-making. “De-fossilising” knowledge and producing evidence that could inform decisions on climate change was essential to protect human rights, public opinion and democratic debate from undue and deeply harmful commercial influence.
In her most recent report, to be presented to the General Assembly later this week, Ms. Morgera pointed to the critical importance of the rule of law and democracy for the energy transition. An unchecked energy transition missed opportunities to rely on available science, human rights evidence and norms that helped prevent foreseeable harm and ensured effective climate change mitigation, energy and poverty reduction, and the protection of nature, food, water, and health. It was important to maximise opportunities for democratic debate to support, through the energy transition, thriving life-supporting systems for humanity.
Essentially, democracy and the rule of law, underpinned by public access to information and the right to science, ensured that humans were not making the wrong decisions and missing the root causes of the planetary crises of environmental and economic injustices. It was important to implement human rights norms to ensure that decision-making processes were democratic, transparent and inclusive.
DENISE DORA, Special Envoy on Human Rights and Just Transition, 30th Conference of the Parties to the United Nations Framework Convention on Climate Change, said that at the Conference of the Parties, which would take place in November in the Brazilian Amazon, people around the world would gather to discuss climate action and the best solutions for countries, animals, and the oceans. Many different groups had participated in preparations for the Conference. Ms. Dora, with other Special Envoys, had travelled across countries to meet affected people and hear about their problems. They had mainly met with women, as women and girls were some of the main sufferers of climate emergencies. It was important to find solutions for these problems together.
Climate change began and ended with people. Human rights, democracy, and the rule of law were essential to achieving a new deal on climate action. It was also important to incorporate all human rights lessons from the last 70 years in this climate action. Ms. Dora hoped all attendees of the Forum would be able to attend the Conference. Together, everyone could build something and find the best solutions for the planet.
SHERYL LIGHFOOT, Vice-Chair of the United Nations Expert Mechanism on the Rights of Indigenous Peoples, said this important dialogue reflected the shared commitment of participants to the promotion and protection of the rights of indigenous peoples worldwide. It served to reaffirm the foundational principles of democracy—participation, inclusion, and accountability—which were essential to ensuring that indigenous voices were not only heard but meaningfully integrated into decision-making processes at all levels.
Indigenous peoples were critical allies in protecting human rights and the environment. Thanks to their ancestral scientific knowledge and sustainable practices, the world had managed to preserve part of its biodiversity. The preservation of traditional, indigenous knowledge and biological biodiversity could only be achieved by guaranteeing the right to self-determination of indigenous peoples and recognition of the legitimacy and importance of indigenous peoples’ knowledge and lifeways.
Indigenous peoples consistently found themselves at the forefront of the climate crisis, bearing the consequences that extended to their livelihoods and sustenance. The Expert Mechanism on the Rights of Indigenous Peoples had been mandated to assist Member States in achieving the goals of the United Nations Declaration on the Rights of Indigenous Peoples, which in its article 29 stated that indigenous peoples had the right to conservation and protection of their environment and the productive capacity of their lands, territories and resources.
States needed to ensure that indigenous peoples’ rights were respected when expanding protected areas, mitigating climate change and carrying out conservation projects. Indigenous peoples needed to be part of any decision-making in such situations. The world needed to recognise and respect the value of indigenous peoples’ scientific and technical knowledge, practices, and innovations in green projects, and their knowledge of biodiversity, the environment, and sustainable resource management practices.
Despite their contributions to sustainability, indigenous peoples increasingly faced profound threats from climate change, biodiversity loss, and unsustainable development. The disruption of ecological functions, such as shifts in species distributions, loss of endemic biodiversity, and degradation of seascapes and landscapes, posed existential challenges. These risks were exacerbated by large-scale conservation and climate change mitigation projects, including carbon credit markets and renewable energy projects, which were frequently implemented without respecting indigenous peoples’ right to free, prior, and informed consent.
Protection of indigenous peoples’ rights was a democratic imperative. The preservation of biodiversity, the fight against climate change, and the safeguarding of cultural heritage all depended on inclusive governance that respected indigenous self-determination and knowledge systems. Democracy, at its core, demanded participation, transparency, and accountability. These principles needed to guide collective efforts to ensure that indigenous peoples were not merely consulted but empowered as equal partners in shaping sustainable futures. Upholding their rights was essential to building resilient societies and a healthier planet for generations to come.
NICOLE PONCE, Global advocacy lead, World’s Youth for Climate Justice, said she grew up in a small town in the Philippines, where she witnessed how corporate actors, enabled by weak regulations, were eroding beaches with profit-centred developments, while sea levels rose and swallowed coastlines. Communities were defending against threats on both fronts. Climate change had exposed broader injustices, in terms of both land use and the failure or absence of infrastructure meant to respond to climate disasters.
Just a few weeks ago, massive flooding paralysed much of Capital Region of the Philippines after a fierce typhoon hit. This was not unusual; the State experienced an average of 20 typhoons every year. Those most affected were people without private transportation; gated communities shielded from flooding and other disaster conditions. This reflected how poor governance, laws, and policies that were not based on justice and human rights ultimately failed the people.
The ruling of the International Court of Justice affirmed the simple truth of climate justice, and that those who did the least to fuel the climate crisis deserved protection. This historic win was energised and propelled by the Pacific youth and the Government of Vanuatu and amplified by the rest of the world.
Ms. Ponce’s hometown of Cebu was crippled overnight by Super Typhoon Odet. The city lost all power; water and communications lines were cut off; and civilians were forced to fend for themselves. Many people from the Global South had lived through the same experiences. People could only survive these dire situations by being resilient.
Thanks to efforts to empower young people, build capacity and facilitate regional processes, young people had been able to successfully engage with Governments, contributing to submissions before courts and emphasising human rights in climate actions.
The ruling of the International Court of Justice heralded that the era of impunity for climate injustices was over, and the era of accountability was beginning. This was an unprecedented legal and moral breakthrough for climate ambition and was led by the most affected. It showed how youth and global communities had the power to shape international law and seek reparation for damage done.
First Panel Discussion on Climate Change in a Rule of Law(less) Context: A Foresight Exercise
Opening Statement
ELISA MORGERA, United Nations Special Rapporteur on the promotion and protection of Human Rights in the Context of Climate Change, said the first panel would consider how to address the challenges ahead together. It would lead on to discussions at the Conference of the Parties and many other international engagements. This was a foresight exercise, which would examine the seeds of change that had been planted and how the actions of the past were linked to the future.
Ms. Morgera, introducing the concept of “botany of chaos” developed by two Italian philosophers, said that the international community needed to investigate difficult situations like botanists and examine the new “plants” that were growing in the “cracks of chaos”. It was time to recognise opportunities, see how they aligned with our shared future, and connect them with legal obligations defined by the International Court of Justice and other bodies. These norms helped guide inclusive conversations about change and the future.
Discussion
In the discussion, speakers, among other things, warmly welcomed the fifth session of the Forum and thanked the Special Rapporteur for her work. Across the planet, the earth’s great regulatory systems, including the oceans and forests, were approaching tipping points. These non-linear system reorganisations were irreversible and had human rights implications beyond those which could be seen today. The world had passed its first major tipping point; coral reefs. Institutions had not been designed to tackle the planetary crisis which had unfolded over decades, and in some cases, thousands of years. However, through working together, changes could be made while there was still time.
Warming of 1.5 degrees Celsius had been recognised as the cornerstone of legal accountability by the International Court of Justice. One speaker said small island developing states needed to plan for the future when it came to climate change. With sea levels in some States rising drastically, the majority of buildings could be at risk of inundation. Another speaker said countries of the south were disproportionately affected by climate change. Many countries across the world had seen huge storms and floods, as a result of climate change. Often those who contributed the least to climate change were the most affected. Developing countries required predictable climate financing to mitigate the impacts of climate change.
A speaker said the nexus between climate change and conflict could be seen, where climate change impacted the availability of resources. The continual, cascading disasters were undermining institutions, especially those which were already weak. One speaker said artificial intelligence could bring about major productivity changes, but also posed a risk to security. There was a question of whether artificial intelligence was sustainable. Currently, large quantities of water and energy were required to use artificial intelligence servers, which led to a mass consumption of water and the release of toxic products. It was expected that the environmental footprint of artificial intelligence would continue to increase.
It was important to strive towards anticipatory protection for climate change, where the needs of the people and marginalised groups were accounted for, and prevention was considered. Climate action was the most important preventive action which needed to be taken. The role of governance in driving expectations and creating democratic norms was vital, and populations responded to this. However, there was evidence that global leaders underestimated support for climate action. Governments needed to respond to calls for global action, ensuring deliberation, participation and civic action. States had a responsibility to devise measures to mitigate the impacts of climate change on human rights.
Speakers emphasised that democratic societies were built on transparent and accountable institutions and engaged citizens. Without them, the triple planetary crisis could not be addressed. Strong, transparent legal frameworks and government systems were indispensable to ensure environmental policies respected human rights and were implemented in a fair and just manner. To tackle the climate crisis, a development model which was democratic and inclusive and respected human rights and the planet, was essential. Democracy had to evolve beyond short-term interests, to long-term stewardship. Democracy also needed to respect diverse political systems without interference in sovereignty, one speaker said.
One speaker noted that research on how climate impacts would affect democracy was currently inconclusive. Societal shocks could threaten democracy, including through extreme weather, food insecurity, or migration. However, there was also evidence that these shocks could strengthen the conditions for democracy, due to the fact it was no longer “business as usual,” which led to new ways of thinking and the chance for change. A sense of collective agency could emerge from crisis and produce a fertile ground for strengthening democracy. There was empirical evidence that democracies handled climate action better, because of a better rule of law and less corruption. It was vital to strengthen democracy and climate resilience together, as the two were interlinked.
A speaker said that earlier this year, the youth had taken the issue of climate change to the highest courts and had achieved an important decision, which was commendable. It was essential to listen to children’s voices as they would be the ones most impacted by climate change. Children needed to be involved in democracy, including through the creation of citizen’s assemblies. When young people were given the time and support they needed, they could make meaningful contributions. Children made up one third of the world’s population, yet their voices were being silenced, and their rights ignored. To have a world built on justice, it was essential to listen to children’s voices.
Closing Statement
ELISA MORGERA, United Nations Special Rapporteur on the promotion and protection of Human Rights in the Context of Climate Change, said knowledge about climate science and other areas of science showed that fossil fuels were at the root cause of biodiversity loss, toxic pollution, and economic inequality. Research in the field of health science showed the impact of fossil fuels at every stage of life.
There needed to be inclusive conversations about whether the current model of energy consumption and production supported the right to a healthy environment and other human rights. Every opportunity for dialogue needed to be seized and supported. Lived experiences would expand bases for decisions on policies and measures to protect the right to development and the environment. The International Court of Justice’s decision on climate justice had shown that there were multiple areas of international law that addressed fossil fuel extraction, consumption, and related legal guidance. There needed to be efforts to prevent human rights violations that were tightly linked to a fossil fuel-based economy.
Second Panel Discussion on Participation, Accountability, and Fundamental Freedoms – Key Enablers of a Climate-Just World
Opening Statement and Questions to Panellists
MICHAEL CAMILLERI, Chief of Branch, Office of the United Nations High Commissioner for Human Rights, said the panel would explore the relationship between democracy and climate change. Mr. Camilleri then addressed questions to the panel, including: what was known about the relationship between democracy and climate solutions? How did time in Government shape views in informing citizens on climate policy? How did the exercise of fundamental freedoms impact the ability of civil society to do impactful work? What knowledge and perspective did environmental human rights defenders bring to climate decision-making and how could their knowledge help shape climate policies?
What was the role of the international community in ensuring citizens could speak freely, access information and participate meaningfully in the policies which shaped the future of the planet? To what extent did the connection between democracy and climate change depend on a public debate based on science; to what extent should distortions of this cause concern? Which democratic States were successfully applying the knowledge of environmental and indigenous defenders to achieving a just energy transition, and where were improvements needed? What was the role of democratic governance in securing ambitious climate commitments and turning them into reality?
Discussion
In the discussion, speakers said, among other things, that no climate policy could succeed without a human rights perspective and without communities working together. Climate measures needed to be inclusive, not divisive. One speaker said democracies were best placed to address the climate crisis; over the last 20 years, the countries that had performed best in this area were democracies. The free flow of information, transparency, and the rule of law led to longer term and more effective climate action, they said. Another speaker said transitioning from poverty was critical to developing renewable energy measures.
Several speakers said human rights defenders had been working to hold institutions to account and seeking accountability for violations. Climate activists and indigenous peoples were on the front lines of the climate crisis. Many environmental defenders were killed or injured during their activities, one speaker said. Another speaker expressed concerns that, in many countries, new legal norms of “sabotage” and “conspiracy” were being developed that were being used to charge environmental defenders. The international community needed to support these people to participate in international efforts to address climate change and related human rights issues, and there needed to be a conducive legal framework for protecting environmental defenders. Non-State actors also needed to understand their roles in protecting environmental human rights defenders.
Some speakers said there had recently been growing criticisms of the Conference of the Parties, including related to the presence of lobbyists and the transactional logic of negotiations. They called for the participation of human rights defenders in the Conference fora to help to bridge the gap between delegates and the wider world. One speaker said many Nationally Determined Contributions addressed participation of women, youth and indigenous peoples, but more needed to be done to bring these voices in and. For the Nationally Determined Contributions to become a reality, independent monitoring and an accessible justice system that allowed persons to claim their rights were needed.
Speakers also said indigenous communities needed to be able to withdraw consent when their cultures and practices were threatened. A just transition required free, prior and informed consent that was transparent and not transactional, one speaker said. Indigenous peoples needed to be involved in developing accountability mechanisms. One speaker said that self-determination was the foundation of a just world and a habitable planet.
Many speakers said science was vital in addressing global-scale problems such as climate change. The fossil fuel industry had a well-established playbook for blocking and hiding climate science, which hindered the public’s ability to understand and address these problems. The public needed to be informed and protected from false solutions centred on new technologies, speakers said.
Some speakers expressed concern that misinformation and disinformation delayed climate action. They said industry-funded, cherry-picked studies were used to defend industry goals, and harassment and intimidation campaigns were used to keep scientists quiet. Public education was key to helping the public to understand science and resist disinformation campaigns. Traditional knowledge should be considered as a form of science, one speaker said.
Children bore the weight of the climate crisis but were too often not involved in developing climate policies, some speakers said. They reported that youth were calling for human rights and a healthier planet. Youth deserved global support and protection, and to be included in the design and implementation of climate policies. Human rights and climate change education was important for cultivating a climate-aware generation.
Several speakers presented efforts to develop measures for addressing climate change, including measures promoting adaption and mitigation measures, reducing industrial emissions, implementing international agreements on environmental protection, and promoting due diligence for enterprises and access to justice environmental human rights defenders. One speaker described efforts to align climate policies with the Sustainable Development Goals.
Some speakers said politicisation of the climate debate and unilateral coercive measures were hindering efforts to promote a just transition. Developed countries needed to honour their commitments around climate funding, they said. One speaker raised concerns regarding countries’ power-based logic, which led to humanitarian tragedies. A mechanism to address climate change which forged solidarity between the peoples of the world needed to be created.
Closing Statement
MICHAEL CAMILLERI, Chief of Branch, Office of the United Nations High Commissioner for Human Rights, said democracy, human rights and the rule of law had been identified as critical enablers for climate action. Democracy however, suffered from distortions, including from information and limits on the participation of certain communities and groups, and attacks on science, among other factors. There needed to be participation, transparency, and accountability to drive the urgent climate action, which was so urgently needed, locally, nationally and globally. Mr. Camilleri thanked everyone who had been involved in the panel.
The Forum then held an exercise on countering mis- and disinformation.
Third Panel Discussion on Reimagining Climate Governance: How Current Governance Fits (Or Does Not)
Opening Statement
ADAM DAY, Head of the Geneva Office, United Nations University Centre for Policy Research, said it was easy to say that climate governance was not living up to its task. Major tipping points had been crossed in terms of the climate crisis, and the related effects, such as biodiversity loss, land degradation, and sea-level rise, were having a tremendous impact on our lives and politics. The more difficult question was determining how to build a better governance system, and how to transition economies, laws, societies and politics to deliver a more stable planet. These questions would be discussed in this panel.
Discussion
In the discussion, speakers, among other things, said it was important to celebrate progress achieved in climate governance, including agreements such as the Kyoto Protocol and the Paris Agreement. Although consensus was hard, it was worth the pain, one speaker said. In working towards consensus, States could hear all the challenges and difficulties being faced by others and find some common ground. Consensus did not necessarily mean unanimity, but rather the agreement of most people, most of the time. Most people, most of the time believed better climate governance was needed.
One speaker said the Advisory Opinion of the International Court of Justice was a turning point for how international law understood and informed climate justice, confirming that States were obliged to mitigate and adapt under the Paris Agreement. The Court had made it clear that States had binding obligations under international law to prevent climate harm. Under the Advisory Opinion, States had a legal duty to act, mitigate and protect people from harm, including youth.
Future Conferences of the Parties should be shaped by the Advisory Opinion. It was more than just a statement of law; it was a compass for action, giving the Conference of the Parties process a legal foundation to strengthen ability, accountability and fairness. The upcoming 30th Conference of the Parties in Brazil would be very important, focusing on implementation. Indigenous peoples had been given a central voice in the process, which had never happened before. Discussions were underway to improve efficiency in the process, reinforcing commitment to an inclusive, effective climate multilateralism.
Speakers said climate policies which ignored human rights risked worsening the climate crisis. When biodiversity was treated as separate from climate policy, this weakened the planet’s capacity to stabilise the climate. Reports warned that the vast majority of ecosystems were in rapid decline. Climate policies which disregarded the human rights frameworks failed those who were most affected, including children and indigenous peoples, and deepened existing inequalities. International multilateral agreements had laid the foundation for managing joint international efforts in the field of climate change. However, real commitments to fulfil international obligations, following international agreements, were also needed.
Effective climate protection needed to encompass biodiversity protection, marine protection and human rights, some speakers said. Including indigenous peoples in climate governance would enable positive outcomes to occur more rapidly. Indigenous peoples should be able to speak first at every Conference of the Parties event; they should be treated as peoples, not as groups; and the important call for the reform of climate talks should be supported.
One speaker said external debt, unilateral coercive measures, and non-compliance with climate finance responsibilities were undermining collective and effective action against climate change. Developed countries had the obligation to pay their environmental debt and to provide developing countries with climate financing.
Unfortunately, fossil fuel production was still being expanded, one speaker said. This needed to stop; it was a devastating failure of human rights and the multilateral system. Currently there was a not a plan to fairly phase out fossil fuels. Many countries were not receiving financing for renewable energy, which was expensive but cheaper than financing fossil fuels. Influenced by the fossil fuel lobby, there had been much focus on reducing demand but not on reducing the production and supply side. Countries who depended on fossil fuels were revising their ambitions in their Nationally Determined Contributions. The speaker presented the fossil fuel non-proliferation treaty initiative, which envisaged nations coming together to develop cooperative and productive mechanisms to prevent this proliferation.
Speakers said it was important to move away from a technocratic approach to a listening approach, listening to different voices such as scientists, human rights defenders and children, on how to address the climate conundrum. To drive bold change, there needed to be a shared vision and unifying actions.
One speaker said despite the bad news presented in the media, there was some positive news in terms of changes in the real economy - clean energy sources had never been as cheap as they were now.
Closing Statement
ADAM DAY, Head of the Geneva Office, United Nations University Centre for Policy Research, said the panel was composed of legal, climate and economic experts. The panellists had shown that discourse on rights, international law, and climate was no longer distinct, and there needed to be a packaged plan for reimagining climate governance that addressed each of these fields.
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HRC25.010E