RES/35/20 Human rights and climate change

GE.17-11402(E)

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Human Rights Council Thirty-fifth session

6–23 June 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 22 June 2017

35/20. Human rights and climate change

The Human Rights Council,

Guided by the Charter of the United Nations, and reaffirming the Universal

Declaration of Human Rights, the International Covenant on Economic, Social and Cultural

Rights, the International Covenant on Civil and Political Rights, the Convention on the

Rights of the Child and the Vienna Declaration and Programme of Action,

Welcoming the adoption of the 2030 Agenda for Sustainable Development,1

including, inter alia, its Goal 13 on taking urgent action to combat climate change and its

impact,

Reaffirming that all human rights are universal, indivisible, interdependent and

interrelated,

Recalling all its previous resolutions on human rights and climate change,

Reaffirming the United Nations Framework Convention on Climate Change and the

objectives and principles thereof, and emphasizing that parties should, in all climate

change-related actions, fully respect human rights as enunciated in the outcome of the

sixteenth session of the Conference of the Parties to the Convention,2

Reaffirming also the commitment to realize the full, effective and sustained

implementation of the United Nations Framework Convention on Climate Change and the

Paris Agreement adopted under the Convention,3 including, in the context of sustainable

development and efforts to eradicate poverty, in order to achieve the ultimate objective of

the Convention,

Acknowledging that, as stated in the United Nations Framework Convention on

Climate Change, the global nature of climate change calls for the widest possible

1 General Assembly resolution 70/1.

2 FCCC/CP/2010/7/Add.1, decision 1/CP.16.

3 See FCCC/CP/2015/10/Add.2, decision 1/CP.21, annex.

cooperation by all countries and their participation in an effective and appropriate

international response, in accordance with their common but differentiated responsibilities

and respective capabilities and their social and economic conditions, and acknowledging

also that article 2, paragraph 2, of the Paris Agreement states that the Agreement will be

implemented to reflect equity and the principle of common but differentiated

responsibilities and respective capabilities, in the light of different national circumstances,

Noting the invitation by the Conference of the Parties to the United Nations

Framework Convention on Climate Change to the Paris Committee on Capacity-building,

in managing the 2016–2020 workplan, to take into consideration cross-cutting issues, such

as gender-responsiveness, human rights and indigenous peoples’ knowledge,4

Noting also the importance of the work of the scientific community and the

Intergovernmental Panel on Climate Change, including its assessment reports, in support of

strengthening the global response to climate change, including considering the human

dimension, and indigenous peoples’ and traditional knowledge,

Acknowledging that, as stated in the United Nations Framework Convention on

Climate Change, responses to climate change should be coordinated with social and

economic development in an integrated manner with a view to avoiding an adverse impact

on the latter, taking into full account the legitimate priority needs of developing countries

for the achievement of sustained economic growth and the eradication of poverty,

Affirming that human rights obligations, standards and principles have the potential

to inform and strengthen international, regional and national policymaking in the area of

climate change, promoting policy coherence, legitimacy and sustainable outcomes,

Emphasizing that the adverse effects of climate change have a range of implications,

which can increase with greater global warming, both direct and indirect, for the effective

enjoyment of human rights, including, inter alia, the right to life, the right to adequate food,

the right to the enjoyment of highest attainable standard of physical and mental health, the

right to adequate housing, the right to self-determination, the rights to safe drinking water

and sanitation and the right to development, and recalling that in no case may a people be

deprived of its own means of subsistence,

Recognizing that climate change poses an existential threat for some countries, and

recognizing also that climate change has already had an adverse impact on the full and

effective enjoyment of human rights enshrined in the Universal Declaration of Human

Rights,

Expressing concern that, while these implications affect individuals and

communities around the world, the adverse effects of climate change are felt most acutely

by those segments of the population that are already in vulnerable situations owing to

factors such as geography, poverty, gender, age, indigenous or minority status, national or

social origin, birth or other status and disability,

Recognizing that children, particularly migrant children and children displaced

across international borders in the context of the adverse impact of climate change, are

among the groups most vulnerable to the adverse impact of climate change, which may

seriously affect their enjoyment of the highest attainable standard of physical and mental

health, access to education, adequate food, adequate housing, safe drinking water and

sanitation,

4 See FCCC/CP/2016/10/Add.2, decision 16/CP.22.

Expressing concern that countries lacking the resources for implementing their

adaptation plans and programmes of action and effective adaptation strategies may suffer

from higher exposure to extreme weather events, in both rural and urban areas, particularly

in developing countries, including those in least developed countries and small island

developing States,

Welcoming the Paris Agreement adopted under the United Nations Framework

Convention on Climate Change, which acknowledges that climate change is a common

concern of humankind and that parties should, when taking action to address climate

change, respect, promote and consider their respective obligations on human rights, the

right to health, the rights of indigenous peoples, local communities, migrants, children,

persons with disabilities and people in vulnerable situations and the right to development,

as well as gender equality, empowerment of women and intergenerational equity,

Taking into account the imperatives of a just transition of the workforce and the

creation of decent work and quality jobs in accordance with nationally defined development

priorities,

Welcoming the entry into force of the Paris Agreement, and urging parties that have

not already done so to ratify the Paris Agreement and the Doha amendment to the Kyoto

Protocol,

Welcoming also the establishment of the Task Force on Displacement by the

Warsaw International Mechanism for Loss and Damage associated with Climate Change

Impacts established under the United Nations Framework Convention on Climate Change,

Welcoming further the holding of the twenty-third session of the Conference of the

Parties to the United Nations Framework Convention on Climate Change, to be organized

by Fiji in Bonn, Germany, in November 2017,

Affirming the need for the continuing implementation of the Sendai Framework for

Disaster Risk Reduction 2015–2030, adopted at the Third United Nations World

Conference on Disaster Risk Reduction, and its references to human rights,

Noting the importance for some of the concept of “climate justice” when taking

action to address climate change,

Taking note of General Assembly resolution 71/1 of 19 September 2016, in which

the Assembly adopted the New York Declaration for Refugees and Migrants and the

annexes thereto, and Assembly resolution 71/280 of 6 April 2017, in which it adopted the

modalities for the intergovernmental negotiations of the global compact for safe, orderly

and regular migration,

Recognizing the particular vulnerabilities of migrants and other non-nationals who

may face challenges associated with implementing appropriate responses in extreme

weather conditions owing to their status and who may have limited access to information

and services, resulting in barriers to the full enjoyment of their human rights,

Welcoming the convening at the thirty-fourth session of the Human Rights Council

of the panel discussion on the adverse impact of climate change on States’ efforts to realize

the rights of the child and related policies, lessons learned and good practices, and taking

note of the summary report on the panel discussion prepared by the Office of the United

Nations High Commissioner for Human Rights,5

5 A/HRC/35/14.

Taking note of the analytical study on the relationship between climate change and

the full and effective enjoyment of the rights of the child prepared by the Office of the High

Commissioner pursuant to Human Rights Council resolution 32/33 of 1 July 2016,6

Emphasizing that climate change affects some children more than other children,

including children with disabilities, children on the move, children living in poverty,

children separated from their families and indigenous children,

Noting that the human rights obligations and responsibilities as enshrined in the

relevant international human rights instruments provide roles for States and other duty

bearers, including businesses, to promote, protect and/or respect, as would be appropriate,

the rights and best interests of children, when taking action to address the adverse effects of

climate change,

Calling upon States to integrate, as appropriate, human rights in their climate actions

at all levels, including their national action plans for climate change adaptation and

mitigation,

Taking note of the report of the Special Rapporteur on the issue of human rights

obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment

focusing on climate change and human rights,7

Emphasizing the importance of implementing the commitments undertaken under

the United Nations Framework Convention on Climate Change on mitigation, adaptation

and the provision of finance, technology transfer and capacity-building to developing

countries, and emphasizing also that realizing the goals of the Paris Agreement would

enhance the implementation of the Convention and would ensure the highest possible

adaptation and mitigation efforts in order to minimize the adverse impact of climate change

on present and future generations,

Noting the establishment and the work of the Climate Vulnerable Forum, and its

communiqué, in which it asserted that climate change is a major threat to the enjoyment of

human rights and fundamental freedoms,

Noting also the importance of facilitating meaningful interaction between the human

rights and climate change communities at both the national and international levels in order

to build capacity to deliver responses to climate change that respect and promote human

rights, taking into account the Geneva Pledge for Human Rights in Climate Action and

other similar efforts,

Noting further the establishment and work of regional and subregional initiatives on

climate change,

Noting the work of the State-led Platform on Disaster Displacement and its efforts to

follow up on the Nansen Initiative Agenda for the Protection of Cross-Border Displaced

Persons in the Context of Disasters and Climate Change, endorsed by more than 100 States

on 13 October 2015, and the Migrants in Countries in Crisis Initiative and its voluntary

Guidelines to Protect Migrants in Countries Experiencing Conflict or Natural Disaster,

Noting also the work being undertaken in the context of the adverse impact of

climate change by international organizations and relevant United Nations agencies and

bodies, including the Migration, Environment and Climate Change Division in the

International Organization for Migration and Climate Change and Disaster Displacement

Unit in the Office of the United Nations High Commissioner on Refugees,

6 A/HRC/35/13.

7 A/HRC/31/52.

1. Expresses concern that climate change has contributed and continues to

contribute to the increased frequency and intensity of both sudden-onset natural disasters

and slow-onset events, and that these events have adverse effects on the full enjoyment of

all human rights;

2. Emphasizes the urgent importance of continuing to address, as they relate to

States’ human rights obligations, the adverse consequences of climate change impact for

all, particularly in developing countries and the people whose situation is most vulnerable

to climate change, including migrants and persons displaced across international borders in

the context of the adverse impact of climate change;

3. Calls upon States to consider, among other aspects, human rights within the

framework of the United Nations Framework Convention on Climate Change;

4. Calls upon all States to adopt a comprehensive and integrated approach to

climate change adaptation and mitigation policies, consistent with the United Nations

Framework Convention on Climate Change and the objective and principles thereof, to

address efficiently the economic, cultural and social impact and challenges that climate

change represents, for the full and effective enjoyment of human rights for all;

5. Encourages the Office of the United Nations High Commissioner for Human

Rights and other relevant United Nations agencies with appropriate expertise to provide

technical assistance to States, upon their request, to help to better promote and protect

human rights when taking action to address the adverse impact of climate change;

6. Calls upon States to continue and enhance international cooperation and

assistance for adaptation measures to help developing countries, especially those that are

particularly vulnerable to the adverse effects of climate change as well as persons in

vulnerable situations, including migrants and persons displaced across international borders

in the context of the adverse impact of climate change;

7. Notes the urgency of protecting and promoting human rights of migrants and

persons displaced across international borders, in the context of the adverse impact of

climate change, including those from small island developing States and least developed

countries;

8. Also notes that paragraph 13 of annex II to the New York Declaration for

Refugees and Migrants envisages contributions to the process for the global compact on

safe, orderly and regular migration from, among other international agencies, the Office of

the High Commissioner;

9. Recognizes that climate change-related human mobility and human rights are

cross-cutting in nature;

10. Decides to incorporate into the programme of work of the Human Rights

Council, on the basis of the different elements contained in the present resolution, an

intersessional panel discussion, and requests the Office of the United Nations High

Commissioner for Human Rights to organize an intersessional panel discussion prior to the

commencement of phase II of the intergovernmental process leading to the global compact

on safe, orderly and regular migration, with the theme “Human rights, climate change,

migrants and persons displaced across international borders”, focusing on challenges and

opportunities in the promotion, protection and fulfilment of human rights of migrants and

persons displaced across international borders in the context of the adverse impact of

climate change, and invites the participation of States, the Office of the High Commissioner

and other relevant United Nations agencies, relevant special procedures of the Human

Rights Council and other relevant bodies such as the subsidiary bodies and constituent

mechanisms, including the Warsaw International Mechanism for Loss and Damage

associated with Climate Change Impacts of the United Nations Framework Convention on

Climate Change, the United Nations Environment Programme, the International

Organization for Migration, the Office of the United Nations High Commissioner for

Refugees and the World Meteorological Organization, as well as other relevant

stakeholders with appropriate expertise, including national human rights institutions;

11. Requests the Office of the United Nations High Commissioner for Human

Rights to submit a summary report of the panel discussion to the appropriate mechanisms

sufficiently in advance to ensure that it feeds into the stocktaking meeting of the

preparatory process leading to the adoption of the global compact on safe, orderly and

regular migration and to the work of the Warsaw International Mechanism for Loss and

Damage, particularly to the ongoing work of the Task Force on Displacement under the

United Nations Framework Convention on Climate Change, noting the potential of the

panel discussion to inform these processes, and to submit the summary report also to the

Human Rights Council at its thirty-seventh session;

12. Also requests the Office of the High Commissioner to undertake research on

addressing human rights protection gaps in the context of migration and displacement of

persons across international borders resulting from the sudden-onset and slow-onset

adverse effects of climate change and the necessary means of implementation of adaptation

and mitigation plans of developing countries to bridge the protection gaps and submit a

report on the research to the Human Rights Council at its thirty-eighth session;

13. Invites the special procedure mandate holders, within their respective

mandates, and other relevant stakeholders with appropriate expertise, including academic

experts and civil society organizations, to contribute actively to the panel discussion;

14. Encourages relevant special procedure mandate holders to continue to

consider the issue of climate change and human rights, including the adverse impact of

climate change on the full and effective enjoyment of human rights, particularly the human

rights of migrants and persons displaced across international borders in the context of the

adverse impact of climate change, within their respective mandates;

15. Calls upon States to integrate a gender perspective in pursuing mitigation and

adaptation responses to the adverse impact of climate change on the full and effective

enjoyment of human rights, including those of migrants and persons displaced across

international borders in the context of the adverse impact of climate change;

16. Decides to consider the possibility of organizing follow-up events on climate

change and human rights;

17. Requests the Secretary-General and the High Commissioner to provide all the

human and technical assistance necessary for the effective and timely realization of the

above-mentioned panel discussion and the summary report thereon;

18. Decides to remain seized of the matter.

36th meeting

22 June 2017

[Adopted without a vote.]