The 57th Session of the Human Rights Council
9 September – 11 October
ITEM 3: Interactive Dialogue on the Secretary-General analytical study on climate change
16th September 2024
By Julius Schmitz / GICJ
Executive Summary
On 13 and 16 September 2024, the topic of loss and damage caused by climate change was discussed at the 10th and 11th meetings of the 57th Session of the Human Rights Council. The Secretary-General conducted an analytical study on the topic and emphasised that climate change, mainly caused by greenhouse gas emissions, poses a fundamental threat to the enjoyment of human rights, especially in developing countries and small island states. Rights such as food, health, life, and housing are impacted by economic as well as non-economic damages. In 2020, the study noted that the economic loss in developing countries amounted to $435 billion, which is expected to rise to at least $580 billion by 2030. Non-economic losses, including cultural and territorial erosion, biodiversity loss, and trauma, are all significant and often difficult to quantify. The study urged the adoption of human rights-based approaches to climate change policies, calling on developed nations to provide support through financing, the transfer of technologies, and capacity building.
Furthermore, member States reiterated the need for global cooperation, policies centred around human rights, and an equitable solution. Meanwhile, NGOs highlighted the need to place special emphasis on vulnerable groups. Some nations, such as the U.S.A. and Russia, voiced concerns over the relevance of human rights in combating climate change or placing the financial responsibility for combating loss and damage on developed countries.
Geneva International Centre for Justice (GICJ) calls on Member States to cooperate and find equitable solutions that take into consideration vulnerable groups, developing nations, and small island states.
Background
The Human Rights Council focused on the need for all countries to avert, minimise, and address loss and damage associated to the adverse effects of climate change, including extreme weather events and slow-onset events. During the 56th session of the Human Rights Council, resolution 53/6 requested the Secretary-General to submit a study on the loss and damage caused by climate change, in the 57th session of the Human Rights Council. This study was executed by transmitting a questionnaire to Member States, other organisations, as well as academics. The study aimed to promote the Human Rights Council's objective of fostering cooperation, financing the transfer of technologies, and capacity building to combat climate change, mitigate its effects, and grow resilience to future extreme climate events.
Analytical Study on Loss and Damage Through Climate Change A/HRC/57/3
The analytical study by the Secretary-General began by stating that climate change is human-made and primarily caused by greenhouse gasses. This has a great impact globally and has caused severe loss and damage. In 2020, the economic loss in developing countries amounted to $435 billion, which is expected to rise to at least $580 billion by 2030. These impacts of climate change impede the enjoyment of fundamental human rights, such as the rights to life, food, health, housing, self-determination, water, sanitation, and more.
The report also highlighted different areas of the world, countries, and societal groups that are affected to large extents. The impact of climate change is most severe in West, Central, and East Africa, South Asia, Central and South America, small island developing states, and the Arctic. Moreover, people are more exposed to the effects of climate change under conditions such as poverty, historical and structural inequity, as well as discrimination. It was shown that climate change is closely linked to modern models of economic exploitation and post-colonialism. Henceforth, indigenous communities and other groups subjected to ongoing inequity are especially vulnerable and left without the means to mitigate the loss and damage caused by climate change.
Certain people are especially vulnerable to the effects of climate change. For example, a disruption in the education of children can have severe consequences for the remaining trajectory of their lives. Other disproportionately affected groups include Indigenous Peoples, peasants, migrants, children, women and girls, persons with disabilities, older persons, people living in small island developing states and least developed countries, and certain racial and ethnic groups.
Victims of climate change face consequences without a monetary value, such as trauma, injury, the loss of life, the loss of culture, the loss of territory, the loss of societal or cultural identity, and the loss of biodiversity or ecosystem services. The report stated that extreme weather has caused over 2 million deaths between 1970 and 2021. Additionally, roughly 37 per cent of heat-related deaths can be linked to climate change.
There is often an overlap between factors that exacerbate the damage sustained by climate change. For example, poverty and a prone geographic location, like in the case of construction workers in Iraq, lead to unsafe working conditions in temperatures exceeding 50 degrees Celsius. Also, victims of other human rights violations, such as forced displacement, can be prone to the effects of climate change. Conversely, victims of climate change are also more prone to other human rights violations such as exploitation and gender-based violence, resulting, for example, from displacement and the loss of livelihoods.
The study also addressed legal and policy frameworks for addressing the impact of loss and damage on human rights. It is a fundamental principle of international humanitarian law that victims of climate change have a right to reimbursement. States responsible for climate change, both within and outside their borders, are accountable for these reimbursements, which apply to economic as well as non-economic loss and damage. The difficulty of quantifying non-economic damage should not preclude compensation.
Due to the unequal contribution to climate change and the divergence in vulnerability to its effects, the study called for a human rights- and equity-based approach to loss and damage in climate laws. The Secretary-General also called on states to ensure that all people affected by climate change have the possibility of meaningfully contributing to the policies that address climate change, loss and damage resulting from it, and approaches to mitigation, resilience building, and compensation. He emphasised that there is no ‘one size fits all’ solution and that policies need to be tailored to local conditions, demands, and capabilities.
The study claimed that financing adequate policies will be necessary, estimating that by 2050, finances for addressing loss and damage caused by climate change will be in the trillions of dollars. In line with the equity-based approach proposed by the Secretary-General, the study called on developed countries and those disproportionately responsible for climate change to provide adequate financing. This principle could also be applied to individual inequality in wealth through, for example, taxes that only apply to the top earners.
In conclusion, the study called on countries to remedy the harm to the climate to which they contributed. It further mandates countries are called to implement policies concerning loss and damage, guided by human rights policies, and draw on the needs and input of the affected communities. The Secretary-General also called on states to reimburse the affected by the loss and damage caused by climate change, prevent any further harm, and strengthen global resilience to climate change and its effects, especially on vulnerable groups.
Interactive Dialogue
The director of the Thematic Engagement, Special Procedures, and Right to Development Division of the Office of the United Nations High Commissioner for Human Rights began her opening remarks by stating cornerstone facts about the severity of climate change. Never has the Earth, since the beginning of records, experienced temperatures as high as those during the summer of 2024. She explained that these high temperatures are an indication of how close humanity is to failing to stay below the limits outlined in the Paris Agreement of 2016. Furthermore, she listed numerous consequences of climate change on nature, such as the melting of glaciers.
The representative of the European Union emphasised the scale of the damages caused by climate change in developing countries. The European Union further called for global action to combat climate change and its effects using approaches that integrate human rights. The representative also reiterated the need to account for those in vulnerable situations, especially Indigenous people. Lastly, it was called upon all stakeholders to increase funding to combat climate change and reimburse for loss and damage.
The Nordic and Baltic countries, represented by Denmark, stated that the effects of climate change pose an increasing risk to the enjoyment of human rights. The representative highlighted that combating the root causes of climate change remains the paramount objective and that designing context-specific actions that integrate human rights is becoming increasingly important as well. He mentioned that any approach to combating loss and damage needs to be inclusive and focused on those who are at the front line of the effects of climate change. The representative stressed the need to find and finance innovative solutions to minimise the economic and non-economic damage caused by climate change.
The Gulf Cooperation Council, represented by Qatar, highlighted the importance of prioritising the fight against climate change, with a focus on vulnerable people in developing countries. The representative went on to explain the plans that the Gulf Cooperation Council has to minimise emissions and combat climate change.
The Arab Group, represented by the United Arab Emirates, mentioned the effects that climate change has on many Arab countries. She mentioned that especially the Gaza Strip is severely affected by climate change, which culminates with the consequences of the Israeli invasion.
On behalf of a group of small island states, the Maldives welcomed the establishment of a loss and damage fund. The representative further called for a holistic approach to combating climate change and addressing loss and damage that takes human rights into consideration and focuses on the basic needs, especially food security, water, health care, and housing, of those affected by climate change.
Representing Bangladesh, Vietnam, and the Republic of the Philippines, the Vietnamese representative pointed out the extreme consequences that natural disasters caused by climate change have for the represented countries. These disasters caused the loss of life, large-scale displacement, and severe destruction of infrastructure;overall leading to long-term economic setbacks. The representative highlighted the need for equitable solutions focused on those most at risk and increasing their future resilience. He concluded by emphasising the need for international cooperation to tackle climate change.
The delegate of Germany echoed the statement of the European Union and reiterated the urgency of global action against climate change, pointing to extreme climate events in Germany and around the globe. She particularly noted that least-developed countries and small island developing states bear a disproportionate burden from the effects of climate change. To prevent irreversible damage, she called for the need to incorporate human rights into approaches to tackle climate change. She finished her statement by urging the international community to increase its efforts, especially for the most vulnerable countries and populations.
The representative of Brazil highlighted the vulnerability of his country to the effects of climate change. This poses a threat to the enjoyment of human rights by the Brazilian population, especially due to the loss of life, displacement from ancestral lands, and erosion of cultural heritage. He particularly mentioned the disproportionate effect of climate change on women and girls, children, youth, Indigenous peoples, local communities, people of African descent, older persons, migrants, and people with disabilities. Brazil makes special efforts to protect these groups, together with different NGOs and UN organisations. He pointed to a set of common but differentiated responsibilities for developed countries to support developing nations through financial support and the transfer of knowledge and capabilities.
The vice president, speaking on behalf of Honduras, highlighted the significant efforts that Honduras has had to make to deal with the consequences of climate change, such as displacement and the undermining of food security. Furthermore, she pointed out that practices by corporations that extract natural resources are incompatible with the promotion and protection of human rights. She reiterated the need to implement approaches that are equitable and focused on human rights.
The representative of the United States of America echoed the need for global cooperation to address loss and damage caused by climate change, especially through enhancing understanding and building capacities. However, she also mentioned that such cooperation does not provide a basis for liability or compensation. Moreover, she acknowledged that climate change poses a risk to the enjoyment of human rights but emphasised that states have no obligation to mitigate greenhouse gas emissions. Loss and damage caused by climate change do not equate to a violation of international law, nor do they require states to provide compensation.
The delegate of the United Kingdom highlighted that women and girls, Indigenous peoples, people with disabilities, and those in vulnerable and marginalised situations are particularly affected by climate change. She further mentioned that the United Kingdom would use its seat in the fund to respond to loss and damage to promote the needs of the countries most vulnerable to climate change.
The representative of Russia urged the need to improve international mechanisms for combating climate change. Furthermore, he stated that the connection between climate change and human rights is artificial, with the study based on unsubstantiated facts. The delegate explained that the UNHRC attempts to link climate change to human rights to extend its mandate and converge the issue of climate change with other agendas.
The delegate of China highlighted the unequal impact of climate change on different countries and population groups. He further emphasised the steps taken by China to investigate and combat climate change, as well as China’s commitment to common but differentiated responsibilities. The delegate stressed the equal right of all countries to have a say in climate action. He finished his statement by urging developed countries to take the lead on climate action and provide financial and other support to developing countries.
Different NGOs highlighted the need to hold states accountable for their contributions to climate change and make retribution accessible to those who have suffered from climate change. A focus was placed on approaches that centre around human rights. The special vulnerability of certain groups, such as populations suffering from poverty, children, and women and girls, to the effects of climate change was also highlighted.
Position Statement of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) urges Member States to make every effort not only to combat climate change but also to mitigate its damage. Climate change is mainly caused by the countries that feel the effects the least and can adapt and mitigate its impacts. For developing countries, as well as small island states, the loss and damage caused by climate change is an existential threat, and only a few have the resources to avert this danger. Vulnerable groups are in dire need of support as the effects of climate change exacerbate their situations. Those without the opportunity to make their opinions heard and influence policies are most affected by loss and damage due to climate change. It is important to value every opinion and investigate the conditions on the ground to avoid neglecting those suffering the most.
We call on developed countries to intensify their efforts to mitigate the loss and damage caused by climate change, not only on their own soil but globally. This obligation arises not only from their commitment to human rights but also from their responsibility for the existence of climate change. Denying this responsibility reflects a lack of consistency and consideration for the broader impact.
