Human Rights and the Environment In the face of climate change Stefanie Rixecker Chair, GT AIANZ

PART ONE: THE ENVIRONMENT ©CSIRO

Systems & connections… Everything is connected Environment depends upon relationships Relationships require feedback (communication) Feedback can be linear effects, cumulative & synergistic No ‘free lunch’

Everything is connected

Environment depends upon relationships

Relationships require feedback (communication)

Feedback can be linear effects, cumulative & synergistic

No ‘free lunch’

Humans as part of nature… Work within its limits or carrying capacity Seek to sustain the environment in order to sustain life A healthy environment is a healthy people Often deemed a ‘traditional’ or ‘indigenous’ paradigm All living beings are kin. Chief Oren Lyons, Onondaga Nation

Work within its limits or carrying capacity

Seek to sustain the environment in order to sustain life

A healthy environment is a healthy people

Often deemed a ‘traditional’ or ‘indigenous’ paradigm

Humans as separate from nature… Control over the environment Technology can solve ecological problems Limits exist only in the mind Today is everything Short-term gains over long-term consequences

Control over the environment

Technology can solve ecological problems

Limits exist only in the mind

Today is everything

Short-term gains over long-term consequences

When the environment is a resource - Humans extract raw materials, e.g., oil, trees, fish Humans use water & air as sinks, i.e., pollution Humans maximise for current generations Humans ‘externalise’ the costs of natural resource exploitation

Humans extract raw materials, e.g., oil, trees, fish

Humans use water & air as sinks, i.e., pollution

Humans maximise for current generations

Humans ‘externalise’ the costs of natural resource exploitation

Environmental policy developments 1972: UN Conference on the Human Environment (Stockholm Conference) “ Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he [sic] bears a solemn responsibility to protect and improve the environment for present and future generations.” Recommended creation of UNEP, instrumental in developing over 30 international and regional treaties PRINCIPLES : Cooperation in addressing adverse environmental effects Inter-generational equity in exploitation of natural resources Inclusion of environmental considerations in economic development Need to reduce environmental pollution Correlation between environmental pollution & threats to health State responsibility for activities within their jurisdiction or control The obligation to compensate victims of pollution and other environmental damage

1972: UN Conference on the Human Environment (Stockholm Conference)

“ Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he [sic] bears a solemn responsibility to protect and improve the environment for present and future generations.”

Recommended creation of UNEP, instrumental in developing over 30 international and regional treaties

PRINCIPLES :

Cooperation in addressing adverse environmental effects

Inter-generational equity in exploitation of natural resources

Inclusion of environmental considerations in economic development

Need to reduce environmental pollution

Correlation between environmental pollution & threats to health

State responsibility for activities within their jurisdiction or control

The obligation to compensate victims of pollution and other environmental damage

PART TWO: HR FRAMEWORKS

UDHR – Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. © Carter Centre

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UDHR – key principles A declaration, not a treaty Duties owed to fellow human beings, not the state Highlights the universality and indivisibility of human rights Children in Newtok, Alaska © Brian Adams

A declaration, not a treaty

Duties owed to fellow human beings, not the state

Highlights the universality and indivisibility of human rights

UDHR Core Rights Civil & Political Life, Liberty & Security of Person Economic & Social Adequate standard of living

Civil & Political

Life, Liberty & Security of Person

Economic & Social

Adequate standard of living

“ The destiny of human rights is in the hands of all our citizens in all our communities.” Eleanor Roosevelt

“ The destiny of human rights is in the hands of all our citizens in all our communities.”

Eleanor Roosevelt

Environment & HR Environment is the one area not explicitly noted in the UDHR Yet, war, torture, and grave abuses of human rights are directly linked with natural resource exploitation

Environment is the one area not explicitly noted in the UDHR

Yet, war, torture, and grave abuses of human rights are directly linked with natural resource exploitation

Right to Quality Environment? The ‘right to environment’ has NOT been articulated in the UDHR or the international Bill of Rights Only other aligned international law, Humanitarian Law, highlights: “ It is prohibited to employ methods of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.” Protocol 1, Additional to the Geneva Conventions of 1949

The ‘right to environment’ has NOT been articulated in the UDHR or the international Bill of Rights

Only other aligned international law, Humanitarian Law, highlights:

“ It is prohibited to employ methods of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment.”

Protocol 1, Additional to the Geneva Conventions of 1949

Links with other conventions UN Convention on the Rights of the Child (1989) Article 24 (2)(c)--“through the adequate provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution” UN Convention on Biological Diversity (1993) UN Framework Convention on Climate Change (1994)

UN Convention on the Rights of the Child (1989)

Article 24 (2)(c)--“through the adequate provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution”

UN Convention on Biological Diversity (1993)

UN Framework Convention on Climate Change (1994)

Further developments included UNEP draft Principles (1978) World Conservation Strategy (1980) Montevideo Programme (1981) World Charter for Nature (1982) World Commission on Environment and Development – Brundtland Report (1987) UN Conference on Environment and Development – Rio Conference (1992)

UNEP draft Principles (1978)

World Conservation Strategy (1980)

Montevideo Programme (1981)

World Charter for Nature (1982)

World Commission on Environment and Development – Brundtland Report (1987)

UN Conference on Environment and Development – Rio Conference (1992)

Powerful international initiatives… International Labour Organisation’s No. 169 concerning Indigenous and Tribal Peoples (ILO169, 1989) Emphasised need for special measures to protect environment & Indigenous Peoples’ involvement in formulating national & regional decisions Hague Declaration on the Environment (1989) “ The right to live is the right from which all other rights stem. Guaranteeing this right is the paramount duty of those in charge of all States throughout the world.”

International Labour Organisation’s No. 169 concerning Indigenous and Tribal Peoples (ILO169, 1989)

Emphasised need for special measures to protect environment &

Indigenous Peoples’ involvement in formulating national & regional decisions

Hague Declaration on the Environment (1989)

“ The right to live is the right from which all other rights stem. Guaranteeing this right is the paramount duty of those in charge of all States throughout the world.”

Regional options? No regional instruments applicable in the Asia Pacific Region wrt ‘right to environment’ 2x conventions that do so elsewhere are: African Banjul Charter on Human & Peoples’ Rights 1981 American Convention on Human Rights in the Area of Economic, Social & Cultural Rights Bhopal women’s march, 2007

No regional instruments applicable in the Asia Pacific Region wrt ‘right to environment’

2x conventions that do so elsewhere are:

African Banjul Charter on Human & Peoples’ Rights 1981

American Convention on Human Rights in the Area of Economic, Social & Cultural Rights

Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998) Developed through the UN Economic Commission for Europe (UNECE) – Aarhus Convention Regarded as a ‘new’ kind of environmental agreement, linking environmental rights & human rights Every person has the right “to live in an environment adequate to his or her health and well-being” Critical aspect – participatory decision-making

Developed through the UN Economic Commission for Europe (UNECE) – Aarhus Convention

Regarded as a ‘new’ kind of environmental agreement, linking environmental rights & human rights

Every person has the right “to live in an environment adequate to his or her health and well-being”

Critical aspect – participatory decision-making

Right derived from custom? In 1994, Special Rapporteur, Mrs. Fatmah Zohra Ksentini, argued that: “ All persons have the right to a secure, healthy and ecologically sound environment. This right and other human rights, including civil, cultural, economic, political and social rights, are universal, interdependent and indivisible .”

In 1994, Special Rapporteur, Mrs. Fatmah Zohra Ksentini, argued that:

“ All persons have the right to a secure, healthy and ecologically sound environment. This right and other human rights, including civil, cultural, economic, political and social rights, are universal, interdependent and indivisible .”

Resources & Subsistence Rights: Typology of conflict… Extraction of raw materials, e.g., oil, fisheries Alterations of ecosystems Reprogramming of nature, e.g., GMOs Destabilization, e.g., climate change Pollution of urban living spaces Changing prices of natural resources -- Wolfgang Sachs, Environment & Human Rights (1993)

Extraction of raw materials, e.g., oil, fisheries

Alterations of ecosystems

Reprogramming of nature, e.g., GMOs

Destabilization, e.g., climate change

Pollution of urban living spaces

Changing prices of natural resources

-- Wolfgang Sachs,

Environment & Human Rights (1993)

PART THREE: GEOGRAPHY OF CHANGE

Climate change? Entire sub-Arctic region of western Siberia, spanning 1m sq km, started to melt for the 1 st time since it formed 11,000 years ago By 2100, top layer of Arctic permafrost will melt, releasing vast amounts of carbon stores Of the world’s 88 largest glaciers, 79 are receding There is more CO 2 in the atmosphere than at any time in the last 650,000 years

Entire sub-Arctic region of western Siberia, spanning 1m sq km, started to melt for the 1 st time since it formed 11,000 years ago

By 2100, top layer of Arctic permafrost will melt, releasing vast amounts of carbon stores

Of the world’s 88 largest glaciers, 79 are receding

There is more CO 2 in the atmosphere than at any time in the last 650,000 years

IPCC 2007… A very high confidence that the globally averaged net effect of human activities since 1750 has been of warming… Warming of the climate system is unequivocal… Most of the observed increase in globally averaged temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations…

A very high confidence that the globally averaged net effect of human activities since 1750 has been of warming…

Warming of the climate system is unequivocal…

Most of the observed increase in globally averaged temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations…

UN Climate Change Conference 2007, Bali, Indonesia – 3 to14 December “ As a global environmental hazard, climate change affects the enjoyment of human rights as a whole and therefore, it is at the core of the indivisible, interdependent and interrelated nature of each and all human rights as initially emphasized by the Universal Declaration of Human Rights .” OHCHR, 2007 Oxfam at Bali Conference © IISD

“ As a global environmental hazard, climate change affects the enjoyment of human rights as a whole and therefore, it is at the core of the indivisible, interdependent and interrelated nature of each and all human rights as initially emphasized by the Universal Declaration of Human Rights .”

OHCHR, 2007

Climate Change Impacts Intensified diseases Weather extremes Sea level rise Forced migration Livelihood loss Cultural loss Food insecurity Ecosystem collapse

Intensified diseases

Weather extremes

Sea level rise

Forced migration

Livelihood loss

Cultural loss

Food insecurity

Ecosystem collapse

The ‘Resource Curse’

Environmental Refugees No international convention addresses this refugee category International infrastructure currently uses ‘environmentally displaced persons’ Need for a new legal architecture

No international convention addresses this refugee category

International infrastructure currently uses ‘environmentally displaced persons’

Need for a new legal architecture

Displaced peoples & destabilization 22 million people displaced due to war & persecution 25 million displaced due to environmental impacts By 2010, estimated 50 million displaced persons due to environmental change Norman Myers, Oxford

22 million people displaced due to war & persecution

25 million displaced due to environmental impacts

By 2010, estimated 50 million displaced persons due to environmental change

Norman Myers, Oxford

Face of the future? Arctic & Antarctic-- ‘tip of the iceberg’ Greater warming at the poles, intensified consequences Polar shelf melting Collapse of key climate systems Feedback amplified Photo: Polar Bear International

Arctic & Antarctic-- ‘tip of the iceberg’

Greater warming at the poles, intensified consequences

Polar shelf melting

Collapse of key climate systems

Feedback amplified

Indigenous rights & climate change Case from the Northern Inuit peoples (155,000) Submitted a petition to the Inter-American Commission on Human Rights –7 Dec 2005 Rejected ‘without prejudice,’ 16 Nov 2006 In Feb 2007, invited to provide testimony to IACHR on Climate Change & Human Rights Sheila Watt-Cloutier , Chair Inuit Circumpolar Council (2002-2006) & Nobel Peace Prize Nominee, 2007

Case from the Northern Inuit peoples (155,000)

Submitted a petition to the Inter-American Commission on Human Rights –7 Dec 2005

Rejected ‘without prejudice,’ 16 Nov 2006

In Feb 2007, invited to provide testimony to IACHR on Climate Change & Human Rights

Sheila Watt-Cloutier’s testimony “… what I know best is from my own region, the Arctic….However, you can consider similar impacts on most indigenous peoples who remain integrated with their ecosystems. Inuit and other indigenous peoples continue to be an integral part, and not separate from, the ecosystems in which we live. Climate change brings into question the basic survival of indigenous people and indigenous cultures….” March 2007

“… what I know best is from my own region, the Arctic….However, you can consider similar impacts on most indigenous peoples who remain integrated with their ecosystems. Inuit and other indigenous peoples continue to be an integral part, and not separate from, the ecosystems in which we live. Climate change brings into question the basic survival of indigenous people and indigenous cultures….”

March 2007

Not since 1931…. In 2006, NZers witnessed an enormous iceberg floating alongside the South Island A fleeting tourist attraction Portend of things to come?

In 2006, NZers witnessed an enormous iceberg floating alongside the South Island

A fleeting tourist attraction

Portend of things to come?

Sink or swim?

Tuvalu – HR & Climate Change 1 Oct 2007: Deputy PM of Tuvalu, Hon. Tavau Teiim, indicated need to consider serious impacts of Climate Change on Small Island States, like Tuvalu

1 Oct 2007:

Deputy PM of Tuvalu, Hon. Tavau Teiim, indicated need to consider serious impacts of Climate Change on Small Island States, like Tuvalu

Tuvalu… A string of 9 picturesque atolls and coral islands Resides 4 metres above sea level 10,500 residents remain; 4000 in New Zealand NZ agrees to host 75 new migrants pa One island has already ‘sunk’ due to storms in 1990s Now suffer from King Tides

A string of 9 picturesque atolls and coral islands

Resides 4 metres above sea level

10,500 residents remain; 4000 in New Zealand

NZ agrees to host 75 new migrants pa

One island has already ‘sunk’ due to storms in 1990s

Now suffer from King Tides

Fanafuti, Wharf – Low & High Tides

Tuvalu – aerial width…

Kiribati in waiting June 2008, President Anote Tong of Kiribati visited NZ Worst case scenario, Kiribati will be submerged by end of century Hosts 92,000 inhabitants “ No, it’s not an issue of economic growth. It’s an issue of survival.”

June 2008, President Anote Tong of Kiribati visited NZ

Worst case scenario, Kiribati will be submerged by end of century

Hosts 92,000 inhabitants

“ No, it’s not an issue of economic growth. It’s an issue of survival.”

Critical rights to secure: Existence of procedural rights, e.g., access to information Right to participation & access to remedies (Aarhus Convention) Recognition of environmental refugees Environmental protection in bilateral agreements, including FTAs

Existence of procedural rights, e.g., access to information

Right to participation & access to remedies (Aarhus Convention)

Recognition of environmental refugees

Environmental protection in bilateral agreements, including FTAs

Peace in our time… Evolve & strengthen humanitarian values Improve domestic & regional disaster preparedness and response systems Provide for health & care in the community--including cultural care of displaced persons, taking account of their human rights AI activism, 2006 ©Amnesty International

Evolve & strengthen humanitarian values

Improve domestic & regional disaster preparedness and response systems

Provide for health & care in the community--including cultural care of displaced persons, taking account of their human rights

At home… Lobby for increased and enhanced environmental policy and legislation Support environmental projects that yield improved subsistence/living standards, e.g., clean water Seek answers from officials Make connections!

Lobby for increased and enhanced environmental policy and legislation

Support environmental projects that yield improved subsistence/living standards, e.g., clean water

Seek answers from officials

Make connections!

There is much to do… Learn more at www.amnesty.org.nz Write letters Imagine another world… Start an Amnesty Group in your community, school or church because…

Learn more at www.amnesty.org.nz

Write letters

Imagine another world…

Start an Amnesty Group in your community, school or church because…

It is better to light a candle than to curse the darkness…