Climate change policy and human rights

The concerns raised by the report, while not obtaining massive headlines in the discussions at Copenhagen, have not been completely ignored. For example, a draft text (PDF 235KB) arising out of the Ad-Hoc Working Group for Further Commitments for the Annex 1 Parties to the Kyoto Protocol discussed a possible set of procedures under the heading: “Consideration of information on potential environmental, economic and social consequences, including spillover effects, of tools, policies, measures.” While the draft does not mention the phrase “Human Rights” and is much less thorough than the recommendations in the report, it does acknowledge potential negative impacts of climate change policies. The draft does call for information sharing and it does provide for a “permanent forum through which Parties report impacts and consequences of policies and measures, which would offer a common space where Parties may provide information on their specific needs and concerns relating to those consequences, and identify ways to minimize negative consequences of these policies and measures”.

On the whole, however, the Working Group’s recommendation is but a pale shadow of what is required. Climate change policies will need to involve different forms of drastic action and policy discontinuities. In Australia, the Northern Territory intervention is a good example of the lack of effectiveness that can result where drastic policy discontinuities are not accompanied by proper human rights analysis.

It is understandable, perhaps, that, in the difficult Copenhagen atmosphere with a need for countries with very different perspectives to agree to sacrifice individual State interests for the good of all, the issues raised by the report were not fully addressed. However, the need to address impacts on people’s human rights is particularly acute because of the rapid and large scale policy changes that will be necessary.

Hopefully, the need to consider human rights implications at every step in the process of climate change policy development will continue to receive attention. The work of Ms Loftus-Farren and Ms. McKiernan and the International Human Rights Law Clinic at Berkeley will continue to be relevant.