Council Concludes Dialogue on the Adverse Impact of Climate Change on the Full Realisation of the Right to Food, Hearing that Businesses Should Be Accountable for Remediation, Equivalent to Responsibility, Regarding Climate Change
The Human Rights Council this morning held an interactive dialogue with the Special Rapporteur on the human rights of internally displaced persons and concluded an interactive dialogue on the Secretary-General's report on the adverse impact of climate change on the full realisation of the right to food.
Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons, said her first report provided an outline of her vision and the thematic priorities that would guide her work over the three years of her term. It was a sobering reality that today more people than ever before were being forced to flee within their own countries, driven from their homes by conflict, violence, disaster, climate change, and human rights abuses. At the end of 2022, over 71 million people worldwide were internally displaced.
The primary responsibility of States in the prevention of internal displacement and the coordinated implementation of protection and solutions for internally displaced persons came with complex human rights, humanitarian, development, peacebuilding and climate change adaptation challenges, and remained to be universally fulfilled. The Special Rapporteur said she had identified four thematic priorities which would inform her reports and dialogues with Member States and other stakeholders: internal displacement resulting from generalised violence; peace processes, peace agreements and peacebuilding and internal displacement; climate change and internal displacement; and the integration and reintegration of internally displaced persons.
Japan and Mexico spoke as countries concerned in response to the reports on the country visits carried out by the Special Rapporteur's predecessor.
In the discussion on internally displaced persons, many speakers said that internally displaced persons faced many challenges, including housing, healthcare, school enrolment and obtaining basic documents. The Guiding Principles on Internal Displacement were the common framework for the realisation of the rights and protection of internally displaced persons, and the Special Rapporteur was commended for promoting these as a shared framework for national responsibility. Internal displacement had increasingly been prompted by climate change as a result of extreme weather events such as floods, famine and droughts. The most affected groups of people were women, children, the elderly and marginalised populations. The Special Rapporteur's engagement on climate change, generalised violence, peace negotiations, mediation and peace processes, and sustainable integration and reintegration was a vital step forward.
Speaking in the discussion on internally displaced persons were Denmark on behalf of a group of countries, Poland on behalf of a group of countries, European Union, Burkina Faso, Armenia, Costa Rica, Luxembourg, Sovereign Order of Malta, United Nations Educational, Scientific and Cultural Organisation, France, Indonesia, Iraq, Colombia, United States, United Kingdom, Venezuela, Togo, Austria, Malawi, China, Libya, Yemen, Afghanistan, Sudan, Marshall Islands, Georgia, Mali, Russian Federation, Kenya, Cyprus, Ethiopia, Honduras, Mozambique, Azerbaijan, Philippines, United Nations High Commission for Refugees, Iran, Serbia, United Nations Development Programme, Syria, Nigeria, Cuba and Niger.
Also speaking was Commission nationale indépendante des droits de l'homme (Burundi), as well as the following non-governmental organization: International Association of Democratic Lawyers, Brahma Kumaris World Spiritual University, Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, Asociación Civil, Franciscans International, China Ethnic Minorities' Association for External Exchanges, Caritas Internationalis (International Confederation of Catholic Charities), iuventum e.V., Genève pour les droits de l'homme : formation internationale, Minority Rights Group, and World Organization against Torture.
At the beginning of the meeting, the Council concluded its interactive dialogue on the Secretary-General's report on the adverse impact of climate change on the full realisation of the right to food which started in the previous meeting.
In concluding remarks, Peggy Hicks, Director of the Thematic Engagement, Special Procedures and Right to Development Division of the Office of the High Commissioner for Human Rights, said the Secretary-General's report on the adverse impact of climate change on the full realisation of the right to food highlighted how industrial food systems contributed to climate change. Climate change adaptation and mitigation policies needed to be accompanied by measures addressing the root causes of hunger and malnutrition. The different United Nations agencies could offer support in this regard. Given the scope and nature of the climate crisis, efforts to address it needed to be guided by equity. It required a global response underpinned by global solidarity, and capacity building was key. Each business should be accountable for any remediation, equivalent to their share of responsibility. The climate crisis was a human rights crisis of the highest order.
In the discussion on the report of the Secretary-General, speakers said climate change and environmental degradation were intrinsically connected, exacerbating each other and increasing the risk of simultaneous harvest failures in major producing countries. The whole world was witnessing the negative impacts of climate change; from extreme drought and flooding to more frequent and severe natural disasters destroying the ability of entire regions to feed themselves. Climate induced events like these, whether they hit suddenly or arrived slowly, had an impact not only on the right to food, but on the full realisation of all human rights all over the world. As the report demonstrated, food security that was already deteriorating due to several factors, including economic shocks linked to the COVID-19 pandemic and high food prices, was compounded by the adverse impact of climate change. A rights-based approach to food systems transformation was imperative, as the first target of any climate action and nutritious food accessibility measure should be the rights holders.
Speaking in the discussion on climate change were Romania, Algeria, Botswana, Bolivia, Cyprus, Nepal, Honduras, Panama, Bangladesh, Trinidad and Tobago, Mexico, United Nations Environment Programme, Zambia, Cambodia, Iran, Organization of Islamic Cooperation, Australia, Ukraine, Suriname, Djibouti, Antigua and Barbuda, Cabo Verde, Indonesia, South Africa, Saudi Arabia, Nauru, Belgium, Denmark on behalf of a group of countries and Croatia.
Also speaking were Centre for International Environmental Law, China Foundation for Poverty Alleviation, World Vision International, Edmund Rice International Limited, International Youth and Student Movement for the United Nations, Earthjustice, Plan International, Inc., Franciscans International, Associazione Comunita Papa Giovanni XXIII and The International Organisation for LDCs.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council's fifty-third regular session can be found here.
The Council will next meet this afternoon at 3.p.m to hold an interactive dialogue with the Special Adviser to the Secretary-General on the Prevention of Genocide. It will then hear the presentation of thematic reports submitted by the Secretary-General and the High Commissioner for Human Rights and his Office under item three on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. This will be followed by an interactive dialogue with the Special Rapporteur on the situation of human rights in Belarus.
Interactive Dialogue on the Secretary-General's Report on the Adverse Impact of Climate Change on the Full Realisation of the Right to Food
The Council started its interactive dialogue on the Secretary-General's report on the adverse impact of climate change on the full realisation of the right to food in the previous meeting and a summary can be found here.
Discussion
in the discussion, many speakers said climate change and environmental degradation were intrinsically connected, exacerbating each other and increasing the risk of simultaneous harvest failures in major producing countries. They were already affecting food production security, access and affordability, and thus the full realisation of the right to food. Effective climate actions and sustainable consumption and production patterns must be developed and implemented urgently.
Many speakers said the whole world was witnessing the negative impacts of climate change; from extreme drought and flooding to more frequent and severe natural disasters destroying the ability of entire regions to feed themselves. Climate induced events like these, whether they hit suddenly or arrived slowly, had an impact not only on the right to food, but on the full realisation of all human rights all over the world. Persons at the frontline of climate change, including women, children, indigenous peoples, and lesbian, gay, bisexual and transgender plus persons, were especially at risk, and action needed to be inclusive and ensure their participation. The multilateral system together with all relevant stakeholders, especially the business sector, should decide and engage in coordinated measures in this respect.
As the report demonstrated, food security that was already deteriorating due to several factors, including economic shocks linked to the COVID-19 pandemic and high food prices, was compounded by the adverse impact of climate change. The Inter-Governmental Panel on Climate Change had showcased that by formulating effective adaptation strategies to climate change, it was possible to reduce or even avoid some of the negative impacts of climate change on food systems. Many, if not all of those strategies that the Inter-Governmental Panel on Climate Change recommended, and as pronounced in the Secretary-General's report, were in fact ones that were based on respecting, protecting and fulfilling human rights.
A rights-based approach to food systems transformation was imperative, as the first target of any climate action and nutritious food accessibility measure should be the rights holders, one speaker said. Women were the first victims of food scarcity, but children and older persons were also severely affected. The United Nations Secretary-General should take into account the views of the voiceless in his upcoming reports pertaining to human rights and climate change.
Climate change and pollution were two of the most concerning problems for present and future generations. Some developed countries were doing their best to ignore the problem and its solution, whilst developing countries were dealing with the consequences, whilst trying hard to remedy a problem they did not create, a speaker said. The adverse impact of climate change on the right to food was disproportionately felt by the most vulnerable, and thus there was a need for joint action in order to protect the right to food for all and leave no-one behind.
Urgent action was required to address the needs of all affected countries, and capacity building, training and support must be provided to the developing countries.
The transfer of new technologies and practices such as disease-resistant, climate stress-tolerant crop varieties and new machineries were needed in processing and refining agricultural productions. Likewise, quality data management and sharing, grants, subsidies, technology transfer and technical assistance should be provided to developing countries for climate change adaptation. It was vital to ensure a food production system based on traditional agriculture. Increased climate financing, particularly for adaptation and loss and damage, was required as countries transitioned their food systems in alignment with national climate action.
Among questions raised during the discussion were: how could States best ensure that climate mitigation and adaptation efforts did not adversely affect human rights, and in fact, were based on a human rights approach; what examples of best practices could be shared in which businesses were involved in the transition to a rights-based system; what would the Secretary-General recommend to achieve the inclusion of a human rights-based approach in climate change negotiations and guarantee a space free from violence for all those advocating in this context; how could States best share knowledge to adapt to climate change and develop new food systems; and what were the thoughts of the Office of the High Commissioner for Human Rights on how the international community could further bring forward the report and the topics it touched upon in the work of the Council.
Concluding Remarks
PEGGY HICKS, Director of the Thematic Engagement, Special Procedures and Right to Development Division of the Office of the High Commissioner for Human Rights, said that the Secretary-General's report on the adverse impact of climate change on the full realisation of the right to food highlighted how industrial food systems contributed to climate change. Climate change adaptation and mitigation policies needed to be accompanied by measures addressing the root causes of hunger and malnutrition. The different United Nations agencies could offer support in this regard. Given the scope and nature of the climate crisis, efforts to address it needed to be guided by equity. It required a global response underpinned by global solidarity, and capacity building was key.
There needed to be an investment in traditional and indigenous knowledge and effective regulation of agro-businesess. States should clearly set out the expectations that all businesses respect human rights throughout their operations, and require businesses to conduct human rights due diligence and to disclose greenhouse gas emissions and climate impacts. Each business should be accountable for any remediation, equivalent to their share of responsibility. Innovative measures such as carbon taxes could be designed to mobilise resources for climate action.
The Office of the High Commissioner for Human Rights had actively contributed to discussions, arguing that carbon markets must not be operationalised unless safeguards had first been established. Key elements on the right to a healthy environment included healthy and adequate food, and a safe and stable climate, among other factors, all of which were connected. The framework of the right to a healthy environment could contribute to better human rights outcomes, including reduced greenhouse gas emissions and clean air.
A food systems transition to ecological approaches needed to be discussed at COP 28. Access to information was essential for climate action and access to justice was critical for accountability and to remedy the harms for those affected by climate change. The climate crisis was a human rights crisis of the highest order. The Council needed to treat the climate crisis as the threat that it was. This meant empowering rights holders to participate and holding those responsible for the tremendous harm they had caused.
Interactive Dialogue with the Special Rapporteur on the Human Rights of Internally Displaced Persons
Reports
The Council has before it the report of the Special Rapporteur on the human rights of internally displaced persons, entitled Vision and thematic priorities: addressing new challenges and consolidating gains (A/HRC/53/35), as well as a report on a country visit to Japan (A/HRC/53/35 Add.1) and comments from the State (A/HRC/53/35 Add.3), and a report on a country visit to Mexico (A/HRC/53/35 Add.2).
Presentation of Reports
PAULA GAVIRIA BETANCUR, Special Rapporteur on the human rights of internally displaced persons, said she was presenting her first report to the Council which provided an outline of her vision and the thematic priorities that would guide her work over the three years of her term. She said the two addendums contained the conclusions and recommendations of country visit reports to Japan and Mexico, which were conducted by her predecessor in 2022.
Ms. Gaviria Betancur said it was a sobering reality that today more people than ever before were being forced to flee within their own countries, driven from their homes by conflict, violence, disaster, climate change, and human rights abuses. At the end of 2022, over 71 million people worldwide were internally displaced. The scope of the mandate was uniquely important in the United Nations human rights architecture as the only one focused on preventing arbitrary displacement, strengthening responses to this complex problem, and engaging in coordinated international advocacy and action for improving the protection and respect of the human rights of internally displaced persons. As the Special Rapporteur, Ms. Gaviria Betancur said she would adopt a human rights-based approach recognising internally displaced persons as rights holders who were best empowered to determine their own futures, and urge States to effectively address pre-existing patterns and structures of gender-based discrimination and inequalities.
The primary responsibility of States in the prevention of internal displacement and the coordinated implementation of protection and solutions for internally displaced persons came with complex human rights, humanitarian, development, peacebuilding and climate change adaptation challenges, and remained to be universally fulfilled. Prevention, therefore, would be a key priority for the mandate. States should ensure the centrality of protection in humanitarian responses, on the basis of international human rights standards. A human rights-based approach to durable solutions must include the participation of the host communities, as well as that of the displaced. Similarly, access to remedies and the restitution of housing, land, and property rights were crucial for lasting solutions, for rebuilding lives and promoting social cohesion. While the primary responsibility to protect internally displaced persons lay with governments, the international community also played a significant role.
The Special Rapporteur said she had identified four thematic priorities which would inform her reports and dialogues with Member States and other stakeholders: internal displacement resulting from generalised violence; peace processes, peace agreements and peacebuilding and internal displacement; climate change and internal displacement; and the integration and reintegration of internally displaced persons. She believed that regional and cross-regional networks and exchanges were excellent vehicles to promote, support and build capacity at the country level.
The Human Rights Council had a pivotal role to play in promoting and protecting the rights of internally displaced persons. By supporting her work, strengthening international cooperation, and holding States accountable for their responsibilities, the Council could make significant strides in addressing the global crisis of internal displacement.
Statements by Countries Concerned
Japan, speaking as a country concerned, said it had been 12 years since the Great East Japan Earthquake, which claimed the lives of approximately 20,000 people and affected thousands more. In the aftermath, the country saw an outpouring of support from the international community, for which it was very grateful. Working with governments, businesses, academia, relevant institutions, and people in the affected areas, the Government of Japan had been leading efforts to reconstruct and revitalise affected areas, including by implementing a medium- to long-term response in those areas. The number of evacuees, which peaked at approximately 165,000, was significantly smaller today. Yet, there were still approximately 27,000 people in Fukushima living away from home, with some evacuees participating in today's session.
Japan had welcomed the former Special Rapporteur in September 2022, providing full cooperation. Japanese authorities carefully studied the country visit report and felt it contained several factual errors. The Government of Japan submitted a detailed comment, which had now been made public. The Government of Japan would continue to lead the recovery and reconstruction efforts, including through the provision of health services and assistance to evacuees, and share information based on scientific evidence in a transparent manner with the general public and the international community.
Mexico, speaking as a country concerned, expressed gratitude to the former Special Rapporteur for her official visit in 2022, and appreciated the resulting recommendations. Mexico still faced enormous challenges in preventing and addressing internal displacement. The country needed to guarantee the rights of displaced persons, provide them with protection, and offer them durable solutions. In this regard, Mexico undertook in the Council to follow up and give full attention to the recommendations made, working with all actors in Mexican society and with the technical support of specialised international mechanisms. There was a will to strengthen the regulatory framework; strengthen protection and assistance mechanisms; improve inter-agency cooperation; and to have registers of displaced persons and provide official statistics. Mexico was grateful to the former Rapporteur for her work over the past six years and would continue to collaborate with the current mandate holder.
Discussion
In the discussion, many speakers congratulated the Special Rapporteur on her appointment, saying they strongly supported her mandate, and stood ready to assist her in its implementation. Speakers supported the focus on a rights-based approach in the implementation of the mandate, recognising internally displaced persons as rights holders, and encouraged continued engagement with the Special Adviser on solutions to internal displacement. Speakers expressed gratitude to the Special Rapporteur for advancing the rights of internally displaced persons.
Speakers noted that today, the world was being confronted with an unprecedented series of intertwined crises, ranging from climate change to conflict, violence and human rights violations. This had resulted in the forcible displacement of more than 100 million people worldwide, with more than 70 million internally displaced, a number which had never been reached before. The recent steep increase and record numbers of internally displaced persons was of grave concern and needed to be addressed. The efforts by the Special Rapporteur were important for preventing growing numbers of internally displaced persons, as well as improving the protection of and respect for their human rights
One speaker noted that the situation in Ukraine was telling. Almost 6.9 million Ukrainians, mainly those in the most vulnerable situations, had been uprooted by Russia's unprovoked and unjustified war of aggression, and were currently displaced within Ukraine. Another speaker said certain Western countries had implemented unilateral coercive measures which led to humanitarian crises, which were a leading factor causing displacement. It would therefore be valuable if the Special Rapporteur undertook an analysis of the negative impact of unilateral coercive measures on the human rights of internally displaced persons, given the increasing number of countries targeted by these. Speakers noted it was also important to ensure full cooperation with the country concerned, not only for humanitarian assistance, but also in addressing the root causes.
Some speakers said the international community needed to rise to its responsibilities to resolve conflicts, and provide necessary assistance to countries. There needed to be a global strategy to rehabilitate areas of armed conflict and those being impacted by climate change. Among other questions, speakers asked the Special Rapporteur about the best solutions to facilitate the reintegration of internally displaced persons, who were forcibly displaced because of wars and armed conflicts? What measures would the Special Rapporteur propose to enhance international cooperation and coordination among Member States to provide timely and comprehensive responses to internal displacement crises and to ensure the protection and assistance of internally displaced persons?
Intermediary Remarks
PAULA GAVIRIA BETANCUR, Special Rapporteur on the human rights of internally displaced persons, said she looked forward to working with the Council to develop priorities: the mandate had to build on the momentum built so far and involve more and more actors, including development actors, working more coherently together. Regional and cross-regional networks and exchanges were important vehicles to build support at the country level to address the protection and development needs of the internally displaced persons and build support for them. The prevention of displacement was an active priority, as was ensuring respect for international humanitarian and human rights law and the Guiding Principles on Internal Displacement. Civilians should not be targets of indiscriminate attacks, nor should those who provided humanitarian aid. She was glad there was support for the issues of integration and reintegration, which was key for durable solutions, and noted that the inclusion of internally displaced persons themselves in this context was vital. She was pleased that many speakers had given these two issues their support.
Discussion
In the continuing discussion, a number of speakers said that internally displaced persons faced many challenges, including housing, healthcare, school enrolment and obtaining basic documents. The Guiding Principles on Internal Displacement were the common framework for the realisation of the rights and protection of internally displaced persons, and the Special Rapporteur was commended for promoting these as a shared framework for national responsibility. The observance of these principles by States and partners should make it possible to find lasting solutions to challenges. Some speakers said the Special Rapporteur's support for the Secretary-General's action agenda on internal displacement was critical. It was expected that the agenda would contribute to creating a framework for a new approach to solving internal displacement situations. Human rights and humanitarian protection principles needed to be the bedrock of collective efforts.
Some speakers welcomed the inclusion of climate change within the report as a reason for displacement. Internal displacement had increasingly been prompted by climate change as a result of extreme weather events such as floods, famine and droughts. The most affected groups of people were women, children, the elderly and marginalised populations. Climate induced displacement could expose individuals and communities to heightened risks of violence, exploitation and discrimination, and required adequate protection measures. The Special Rapporteur's engagement on climate change, generalised violence, peace negotiations, mediation and peace processes, and sustainable integration and reintegration was a vital step forward.
Some speakers noted that armed conflict was a major factor affecting internally displaced persons, including terrorist attacks and inter-communal conflicts. While some crossed borders for security reasons, many sought refuge in their countries of origin, often in camps or informal settlements. Often, conditions for a sustainable return were not created and the basic human and civil rights of internally displaced persons were not respected. Limited access to justice, discrimination, lack of access to property and economic opportunities, as well as threats and violence against returnees were some of the reasons for extremely low return rates.
Some speakers outlined national steps they had taken to assist internally displaced persons in their own countries, including by providing housing to affected individuals; loans for economic empowerment; establishing early warning plans for climate related disasters; adopting legislation on the protection of internally displaced persons; and hosting internally displaced persons.
Concluding Remarks
PAULA GAVIRIA BETANCUR, Special Rapporteur on the human rights of internally displaced persons, thanked the delegation of the Marshall Islands for agreeing to her visit. Prevention was not the only key priority. When peace agreements were achieved and their effective implementation was in place, this was a big opportunity for durable solutions for internally displaced persons. In this case, the human rights of the internally displaced persons must be fully realised, and rights-based solutions to durable problems were key in this regard. Internally displaced persons must be consulted and involved in the planning and implementation of recommendations. There must be safe and timely space for intervention of humanitarian actors so that they could monitor implementation and progress.
Ms. Gaviria Betancur said it was her hope to capitalise on the new international momentum around support for internally displaced persons: this was a catalyst moment for the mandate, and she intended to build on it, creating momentum to leverage issues around internally displaced persons. Whilst recognising the role of development actors, she called for all to remember that the protection, safety and security of internally displaced persons should be prioritised when elaborating development solutions. Effective implementation remained a significant challenge in many contexts. Internal displacement in the context of climate-related disasters required a complex multi-stakeholder approach, and a recognition of the specific needs of those displaced by climate disasters. She was encouraged by the impact of the previous reports of the mandate on the work of civil society organizations.
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