Submitting information on human rights violations related to climate change
to the United Nations Special Procedures
Rationale: Climate change has increasing impacts on the enjoyment of human rights as recognized by
the Human Rights Council in multiple resolutions and in the 2008 study prepared by the Office of the
High Commissioner for Human Rights at the request of the Human Rights Council on the relationship
between climate change and human rights.i Yet, within the UN human rights protection system no
central location exists, where all the information about such climate change related violations can be
collected. Therefore, in order to document human rights violations caused directly or indirectly by
climate impacts as well as measures taken to mitigate or adapt to these impacts, it is important for
the time being to use the different existing procedures.
The purpose of this note is to explain to all stakeholders why, how and where to address such
communications to the Special Procedures of the UN Human Rights Council.
Special Procedures (Special Rapporteurs, Independent Experts) of UN Human Rights Council are
ideally situated within the United Nations human rights system to inform States about the extent of
ongoing violations related to climate change. These procedures are comprised of independent
mandate holders who are experts appointed by the Human Rights Council to investigate specific
situations or types of violations. A Special Procedure mandate may concern a country, a category of
right or a category of vulnerable people. Any individual or group may submit a communication to the
Special Procedures who can then decide to raise the allegation with specific governments who are
contributing to the alleged harm.
To inform the Special Procedures does not mean to file a legal complaint. It might trigger a
“communication procedure” where the Special Procedure will officially request information from a
State, but this is not always necessary. The information may be of a general nature and contribute to
the Special Procedure’s annual report to the UN Human Rights Council. It is important to
communicate to the relevant Special Procedures how climate change affects the enjoyment of the
rights or issues they monitor. Special Procedures can then report to the Human Rights Council about
such violations related to climate impacts as well as to climate policies and it can also propose
possible measures that should be taken in order to counter such violations. The process to follow is
outlined below.
Categories: Violations of human rights related to climate change are twofold:
-
Those caused directly by changes in progress:
o For example: violation of the right to food by the loss of environmental resources,
violation of the right to drinking water by the salinization of sources, violation of the
right to health by the deterioration of sanitary and epidemiological conditions.
o For information on such violations, it is essential that the link with climate change is
seriously and is clearly demonstrated. Problems only related to environmental
changes are not sufficient in themselves to show such a link. Changes have to be
shown to have a causal link with climate change.
-
Those caused by the measures taken to combat climate change, whether the reduction of
CO2 emissions or adaptation or mitigation measures:
o For example: forced displacement, illegal land grabbing, land rights violations,
violation of the right to information, freedom of expression or the right to a fair trial.
o For information about this type of violation, it is essential to indicate the adaptation
or mitigation measures that caused this kind of violation.
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Communication procedure:
I. General Procedure for submitting a complaint letter to a mandate holder:
1)
Select case to be presented.
2)
Determine relevant special procedures mandate holders.
3)
Review previous work done by mandate holders regarding country or situation.
4)
Send a letter to mandate holder/s with a description of situation and a request for
intervention.
5)
Track intervention and follow up as necessary.
II. What kind of information to include in a communication
1)
What is the situation?
a.
Please provide details information on the situation (location, time, etc);
b.
How does the situation relate to climate change?
c.
Please describe the situation in the past before the impacts of climate change were
observed in comparison with the current situation;
d.
What are the chronological developments of the situation?
e.
Which rights are/have been impacted or violated or are under imminent threat?
Explain
2)
Who are the victims / affected populations? Explain. (Note that communications cannot be
anonymous, but confidentiality can be requested. You will need to provide names of
individuals or communities)
3)
If applicable: who bears the responsibility or who has contributed to the alleged harm?
a. Why are they responsible?
b. What relation to those responsible have with the State?
c. Are other relevant non-State actors involved?
4)
What actions have been taken related to the situation?
a. Has the case been presented before local judicial, political, or administrative authorities?
b. What action have the authorities taken to remedy situation?
c. Has any case been presented to another regional or international human rights
mechanism?
Information Source
a. Name and complete information of those presenting case
b. Relationship with the victims? (requirement of direct and reliable knowledge of situation)
6)
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III. Mandates which could be addressed
(text partially excerpts from the mandate pages at OHCHR.org).
A Special Rapporteur is an independent expert appointed by the Human Rights Council to examine
and report back on a country situation or a specific human rights theme. This position is honorary
and the expert is not United Nations staff nor paid for his/her work. The Special Rapporteurs are part
of the “Special Procedures” of the Human Rights Council. Generally, they receive and consider
communications. Some of those mandates publish questionnaires on their webpages which provide a
model for communications to be followed.
(http://www.ohchr.org/EN/HRBodies/SP/Pages/Communications.aspx)
A number of Special Rapporteurs have made specific references to climate change in some of their
recent reports. The Independent Expert on human rights and the environment has mapped all these
references in a report on human rights and climate change:
http://ieenvironment.org/2014/08/08/report-on-climate-change-and-human-rights/
1. SR on Adequate Housing
http://www.ohchr.org/EN/Issues/Housing/Pages/HousingIndex.aspx
“the human right to adequate housing is the right of every woman, man, youth and child to gain and
sustain a safe and secure home and community in which to live in peace and dignity.” The mandate is
tasked to promote the full realization of adequate housing as a component of the right to an
adequate standard of living; identify best practices; give particular emphasis to practical solutions;
apply a gender perspective; facilitate the provision of technical assistance; work in close cooperation
with other special procedures and subsidiary organs of the Human Rights Council, relevant United
Nations bodies. Ms Leilani FARHA was appointed in May 2014 to a three-year term.
[email protected]
2. SR on Right to Food
http://www.ohchr.org/EN/Issues/Food/Pages/FoodIndex.aspx
“…the right to food is the right to have regular, permanent and unrestricted access, either directly or
by means of financial purchases, to quantitatively and qualitatively adequate and sufficient food…”
The SR presents annual reports to the Human Rights Council and to the General Assembly on the
activities and studies undertaken; monitors the situation of the right to food throughout the world;
identifies general trends related to the right to food and undertakes country visits to get a firsthand
account on the situation concerning the right to food in a specific country; communicates with States
and other concerned parties with regard to alleged cases of violations of the right to food.
Ms Hilal ELVER was appointed in May 2014 to a three-year term. [email protected]
3. SR on Water and Sanitation
http://www.ohchr.org/EN/Issues/WaterAndSanitation/SRWater/Pages/SRWaterIndex.aspx
The rights to water and sanitation require that these are available, accessible, safe, acceptable and
affordable for all without discrimination. The mandate carries out thematic research, undertakes
country missions, collects good practices, and works with development practitioners on the
implementation of the rights to water and sanitation. It was also among the mandates focusing
explicitly on climate change.
http://www.ohchr.org/Documents/Issues/Water/Climate_Change_Right_Water_Sanitation.pdf
Ms. Catarina de Albuquerque ends her mandate in 2014 when Mr Léo Heller is nominated to take
over. [email protected]
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4. SR on Cultural Rights
http://www.ohchr.org/EN/Issues/CulturalRights/Pages/SRCulturalRightsIndex.aspx
In absence of an official definition, the SR states that “cultural rights relate to a broad range of issues,
such as expression and creation, including in diverse material and non-material forms of art;
information and communication; language; identity and belonging to multiple, diverse and changing
communities of shared cultural values; development of specific world visions and the pursuit of
specific ways of life; education and training; access, contribution and participation in cultural life; the
conduct of cultural practices and access to tangible and intangible cultural heritage.” The mandate is
requested to identify best practices; identify possible obstacles; study the relationship between
cultural rights and cultural diversity; integrate a gender and disabilities perspective into her work;
work in close coordination with intergovernmental and non-governmental organizations, other
special procedures of the Council, … , as well as with other relevant actors representing the broadest
possible range of interests and experiences.
Ms. Farida Shaheed, appointed in 2009 was renewed in 2012 for a period of three years.
[email protected]
5. SR on Extreme Poverty
http://www.ohchr.org/EN/Issues/Poverty/Pages/SRExtremePovertyIndex.aspx
The elimination of extreme poverty is not a question of charity, but a pressing human rights issue.
States are legally obligated to realize human rights for all, prioritizing the most vulnerable, including
those living in extreme poverty. Due to it focusing on the most marginalized segments of population,
this mandate might be very important in cases relating to climate change.
The mandate responds to information received concerning the human rights situation of people
living in extreme poverty and communicates with States and other concerned parties with regard to
alleged cases of violations of the human rights of people living in poverty.
Mr. Philip ALSTON was appointed in May 2014 to a three-year term. [email protected]
6. SR on Right to Health
http://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx
The right to health is an inclusive right, extending not only to timely and appropriate health care, but
also to the underlying determinants of health, such as access to safe and potable water and
adequate sanitation, healthy occupational and environmental conditions, and access to healthrelated education and information, including on sexual and reproductive health. States have
immediate obligations which include the guarantees of non-discrimination and equal treatment, as
well as the obligation to take deliberate, concrete and targeted steps towards the full realization of
the right to health. The SR monitors the situation of the right to health throughout the world;
identifies general trends related to the right to health and undertakes country visits; communicates
with States and other concerned parties with regard to alleged cases of violations of the right to
health. Mr Dainius PURAS is assuming this mandate in 2014. [email protected]
7. SR on Freedom of Opinion and Expression
http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
The Special Rapporteur is mandated to gather all relevant information relating to violations of the
right to freedom of opinion and expression, discrimination against, threats or use of violence,
harassment, persecution or intimidation directed at persons seeking to exercise or to promote the
exercise of the right to freedom of opinion and expression, including, as a matter of high priority,
against journalists or other professionals in the field of information;
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In the discharge of his mandate the Special Rapporteur transmits urgent appeals and letters of
allegation to Member States on alleged violations of the right to freedom of opinion and expression.
Mr. Frank William La RUE is SR since August 2008. [email protected]
8. SR on Extrajudicial, summary or arbitrary executions
http://www.ohchr.org/EN/Issues/Executions/Pages/SRExecutionsIndex.aspx
The SR is requested to continue to monitor the implementation of existing international standards on
safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the
comments made by the Human Rights Committee in its interpretation of article 6 of the International
Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto; to transmit
urgent appeals to Governments and other actors with regard to individuals reported to be at risk of
imminent extrajudicial, summary or arbitrary executions, as well as communications on past alleged
cases of extrajudicial, summary or arbitrary executions.
Mr. Christof HEYNS is SR since 1st August 2010. [email protected]
9. SR on Indigenous Peoples
http://www.ohchr.org/EN/Issues/IPeoples/SRIndigenousPeoples/Pages/SRIPeoplesIndex.aspx
This mandate promotes good practices, including new laws, government programs, and constructive
agreements between indigenous peoples and states, to implement international standards
concerning the rights of indigenous peoples; reports on the overall human rights situations of
indigenous peoples in selected countries; and addresses specific cases of alleged violations of the
rights of indigenous peoples through communications with Governments and others. Ms. Victoria
Lucia TAULI-CORPUZ was appointed in May 2014 to a three-year term. [email protected]
10. SR on Internally Displaced Persons
http://www.ohchr.org/EN/Issues/IDPersons/Pages/IDPersonsIndex.aspx
Internally displaced persons are "persons or groups of persons who have been forced or obliged to
flee or to leave their homes or places of habitual residence, in particular as a result of or in order to
avoid the effects of armed conflict, situations of generalized violence, violations of human rights or
natural or human-made disasters, and who have not crossed an internationally recognized border."
The SR promotes the Guiding Principles on Internal Displacement (E.CN.4/1998/53/Add.2) at the
national, regional and international levels. Dr. Chaloka Beyani was appointed in 2010. [email protected]
It was also among the mandates focusing explicitly on climate change.
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/A-HRC-1954_en.pdf
11. SR on Migrants
http://www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/SRMigrantsIndex.aspx
The mandate receives information from all relevant sources, including migrants themselves, on
violations of the human rights of migrants and their families; formulates appropriate
recommendations to prevent and remedy violations of the human rights of migrants, wherever they
may occur; promotes the effective application of relevant international norms and standards on the
issue; recommends actions and measures applicable at the national, regional and international levels
to eliminate violations of the human rights of migrants;
Mr. François Crépeau is SR since August 2011 – present. [email protected].
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12. SR on Minority issues
http://www.ohchr.org/EN/Issues/Minorities/IExpert/Pages/IEminorityissuesIndex.aspx
Minorities in all regions of the world continue to face serious threats, discrimination and racism, and
are frequently excluded from taking part fully in the economic, political and social life of their
countries. The SR is requested to promote the implementation of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Ms. Rita Izsák (Hungary) is SR since 1st August 2011. [email protected]
13. Working Group on Business and Human Rights
http://www.ohchr.org/EN/Issues/Business/Pages/WGHRandtransnationalcorporationsandotherbusi
ness.aspx
Business contributes to climate change and violations related to climate change may imply business’
complicity. The Working Group on the issue of human rights and transnational corporations and
other business enterprises, consisting of five independent experts, is requested to promote the
effective and comprehensive dissemination and implementation of the Guiding Principles on
Business and Human Rights. It conducts country visits and especially the recent 2014 HRC resolution
A/HRC/26/L.1 reiterates the fact that the WG deals with communications.
It can be contacted via [email protected].
14. Relevant Country specific mandates
http://www.ohchr.org/EN/HRBodies/SP/Pages/Countries.aspx
In some cases, the HRC has nominated Special Rapporteurs on specific country situations. Differences
among the mandates are indicated by the differentiation between “Independent Experts” – usually
mandates established with consent of the state concerned and “Special Rapporteurs” – usually
established against the will of the state concerned.
Independent Expert Mandates
Central African Republic
Côte d’Ivoire
Haiti
Mali
Sudan
Special Rapporteur Mandates
Belarus
Cambodia
Eritrea
Democratic People’s Republic of Korea
Islamic Republic of Iran
Myanmar
Palestinian territories
Syrian Arab Republic
15. IE on Environment
http://www.ohchr.org/EN/Issues/Environment/IEEnvironment/Pages/IEenvironmentIndex.aspx
The IE is mandated to “study the human rights obligations relating to the enjoyment of a safe, clean,
healthy and sustainable environment, and promote best practices relating to the use of human rights
in environmental policymaking.” Mr. John Knox was appointed in August 2012 to a three-year term.
This mandate is as of now not receiving complaints, but can be informed about communications sent
to specific mandates.
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Disclaimer: This document was compiled and is endorsed by the following organizations. Please
feel free to contact for questions and feedback: hr&[email protected]
We would equally appreciate if you could inform us of communications relating to climate change
sent to the above mentioned mandates.
o
Earthjustice
o
Franciscans International
o
Friedrich-Ebert-Stiftung, Geneva
o
World Council of Churches
o
Center for International Environmental Law (CIEL)
i
A/HRC/10/61 - Report of the Office of the United Nations High Commissioner for Human Rights on the
relationship between climate change and human rights
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