lossanddamange

Loss and Damage from Climate Change-A human rights perspective

~graham reeder

While climate change negotiations have stagnated over time due to a lack of political will, many are arguing that the diplomatic approach that the UNFCCC has taken to arriving at agreement—one where treaties and agreements are built out of what parties are willing to contribute or concede—does not do justice to the urgency and potency of the issues at hand. Some lawyers are arguing that a human rights based approach could benefit the process in that it gives the international community increased power to intervene and combat the defence of state’s sovereign rights to act as they wish within their own borders. While the rights based approach is multi-faceted and impact a number of different elements of UNFCCC negotiations, one element of human rights law stands out in terms of informing current climate negotiations: that of addressing liability for impacts, loss, and damage due to climate change.

There are a number of international treaties that elaborate human rights that are threaned by climate change, these rights include the right to life, the right to an adequate standard of living, the right to housing, the right to food, the right to health, and the right to self-determination; the treaties include the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Covenant on the Elimination of All Forms of Discrimination against Women (CEDAW) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC). Many of the rights guaranteed in these treaties, particularly the right to life, are not to be interpreted in a restrictive manner; they require positive measures to be taken by states to protect them. The Human Rights Committee noted that states are responsible for preventing acts of mass violence causing arbitrary loss of life, which some have argued could include climate change. Preventing and minimising loss of life from natural disasters and other climate related events is an obligation of states who are parties to the aforementioned conventions.

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Cross-post from the Washington Spectator: New Voices-Climate Change Adaptation

This blog was originally published on the Washington Spectator's website, check out their blog at  http://washingtonspectator.org/index.php/Blog/latest.html

New Voices: On Climate Change Adaptation

The author acting as a youth delegate at the UN Climate Change Conference in Durban.New Voices is The Washington Spectator's blog series by guest writers under age 25. The series spotlights a diversity of perspectives from students, journalists, artists, and activists. Interested in writing for this series? E-mail inquiries to comments@washingtonspectator.org.

Given this year of bizzare weather events in the U.S.—including Hurricane Sandy and a summer of deadly heat waves, wildfires and storms—many in the U.S. are finally opening their eyes to what scientists have been telling them for years: Climate change is real, but not only that, it is happening now.

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Earth in Brackets at CBD COP11 in Hyderabad

 

Mariana Calderon is currently reporting from COP 11 of the Convention on Biological Diversity in Hyderabad, India. She will be working closely with the Global Youth Biodiversity Network (GYBN) as well as developing her own work as part of Earth in Brackets. Follow her take on developments at the negotiations here, and keep up to date on facebook and twitter!

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Cross post: Rio+20 fails to deliver on Health and Migration issues

 

-Cross posted from the International Centre for Migration Health and Development (ICMHD) at  http://icmhd.wordpress.com/

Rio+20 fails to deliver on Health and Migration issues

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As the United Nations Conference on Sustainable Development, also known as Rio+20 or the Earth Summit, wrapped up at the end of last week, responses from experts, media and civil society ranged from lukewarm notes of voluntary commitments made by some countries on the side to outright rejection of the outcome and the conference itself. Overall, world leaders and governments failed to come to a strong agreement that would ensure a safe and just future through a post-2015 sustainable development regime. Instead, they largely spent time hammering out trade agreements and making noncommittal statements about the importance of a broad range of issues.

In terms of migration and health, the Rio outcome document titled “The Future we want”, delivered very little new progress. At the original Earth Summit in Rio in 1992, leaders were committed to developing better modelling and research on migration and the environment, new policies and programmes that would address environmental migrants and displaced people, and stronger capacity to address the needs of environmental migrants. Since then, progress has been mixed, positive examples include the annual Global Forum on Migration and Development and the Global Migration Group, two organisations that improve data, consolidate information, develop strategies, and encourage best practices on links between migration and development.

However, most of the progress made and research done on migration and development has been from a strictly economic perspective. This prioritises working conditions and remittances, which are important, but fails to see migration for what it is: a cross-cutting issue that needs to be addressed in a wide range of sectors, like health. A cross-sectoral approach to migration would allow for a more comprehensive understanding of all the work that needs to be done to protect this often highly vulnerable group of people.

Health outcomes were little better, Health and Population are at least considered a thematic area in the framework for action and follow-up, but the outcome was weak overall, with fewer than half of the paragraphs using “commit” as operative language, favouring weaker language such as “recognise,” “emphasize,” and “reaffirm.” Thankfully, the text did commit countries to consider population trends, including migration, in development planning, though it neglected the important ties between migration, development, the environment, and health.

Language concerning reproductive health, though present, was not as strong as it should have been, largely due to strong objections by the Vatican, an observer state in the process. In her closing remarks last Friday, US secretary of state Hillary Clinton said “while I am very pleased that this year’s outcome document endorses sexual and reproductive health and universal access to family planning, to reach out goals in sustainable development we also have to ensure women’s reproductive rights. Women must be empowered to make decisions about whether and when to have children. And the United States will continue to work to ensure that those rights are respected in international agreements.” Reproductive rights are a fundamental precondition for sustainable development, and migrant and refugee women need special consideration as they face their own unique sets of circumstances that strongly influence their reproductive health.

Despite the failure of the world’s governments to come to a robust agreement last week in Rio, important work on all of the issues of sustainable development, including migrant health, is still being done at a range of different levels.

-Graham Reeder