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CLIMATE CHANGE and HUMAN RIGHTS CONTRIBUTIONS by and for LATIN AMERICA and the CARIBBEAN Thank You for Your Interest in This ECLAC Publication

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CLIMATE CHANGE and HUMAN RIGHTS CONTRIBUTIONS by and for LATIN AMERICA and the CARIBBEAN Thank You for Your Interest in This ECLAC Publication CLIMATE CHANGE AND HUMAN RIGHTS CONTRIBUTIONS BY AND FOR LATIN AMERICA AND THE CARIBBEAN Thank you for your interest in this ECLAC publication ECLAC Publications Please register if you would like to receive information on our editorial products and activities. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats. www.cepal.org/en/publications ublicaciones www.cepal.org/apps CLIMATE CHANGE AND HUMAN RIGHTS CONTRIBUTIONS BY AND FOR LATIN AMERICA AND THE CARIBBEAN The preparation of this document was supervised by Joseluis Samaniego, Chief of the Sustainable Development and Human Settlements Division of the Economic Commission for Latin America and the Caribbean (ECLAC), and Francisco Xavier Mena, Acting Regional Representative for South America of the Office of the United Nations High Commissioner for Human Rights (OHCHR). The document was drafted by David Barrio Lamarche, Amanda Kron, Francisco Xavier Mena and Benjamin Schachter, with the collaboration of José Eduardo Alatorre, Carlos de Miguel, Jimy Ferrer and Valeria Torres, of ECLAC, and Andrea Benavente, Felipe González, Fabián Molina and Alix Tesson, of OHCHR. The views expressed in this document are the sole responsibility of the authors and do not necessarily reflect the views of the United Nations. This document was prepared in the framework of the EUROCLIMA+ programme, with financing from the European Union. Neither the European Union nor any person acting on behalf of the European Union is responsible for the use which might be made of the information contained in this publication. The views expressed in this study are those of the authors and do not necessarily reflect the official opinion of the European Union. The translation of the legal provisions included in this publication is provided for informative purposes only and is by no means official or authentic. In case of discrepancy, the original language in which the legal provision was drafted shall prevail. Unless otherwise indicated, the document is based on information and data available up to 30 September 2019. United Nations publication LC/TS.2019/94 Distribution: L Copyright © United Nations, 2019 All rights reserved Printed at United Nations, Santiago S.19-00999 This publication should be cited as: Economic Commission for Latin America and the Caribbean/United Nations High Commissioner for Human Rights (ECLAC/OHCHR), Climate change and human rights: contributions by and for Latin America and the Caribbean (LC/TS.2019/94), Santiago, 2019. Applications for authorization to reproduce this work in whole or in part should be sent to the Economic Commission for Latin America and the Caribbean (ECLAC), Publications and Web Services Division, [email protected]. Member States and their governmental institutions may reproduce this work without prior authorization, but are requested to mention the source and to inform ECLAC of such reproduction. Climate change and human rights: contributions by and for Latin America and the Caribbean /3 Contents Foreword ................................................................................ 5 Chapter I The inextricable link between climate change and human rights ........................... 9 A. The impacts of climate change on human rights . 11 B. The need to incorporate the human rights perspective in the fight against climate change ..................................................................................11 Chapter II International human rights standards applicable to climate change ....................... 15 A. Human Rights Council resolutions ................................................................17 B. Universal periodic review ........................................................................19 C. Treaty Bodies ....................................................................................22 1. General comments ..........................................................................23 2. Concluding observations ....................................................................25 3. Individual complaints. .33 D. Special procedures ...............................................................................34 E. Other related standards ..........................................................................37 Chapter III Contributions from Latin America and the Caribbean ..................................... 41 A. The global dimension ............................................................................43 1. The human rights-based approach in the nationally determined contributions to the global response to climate change ....................................................43 2. Gender ......................................................................................45 3. Indigenous peoples. .46 4. Action for Climate Empowerment ...........................................................46 5. Other contributions under UNFCCC and the Paris Agreement ................................47 B. The regional dimension ..........................................................................47 1. The Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement): a powerful tool for climate action with a human rights-based approach. 47 2. The link between human rights and climate change in the inter-American human rights system ........................................................................50 C. The national dimension ..........................................................................52 1. Climate change in the constitutions of Latin American and Caribbean countries ............52 2. Human rights in climate change legal frameworks in Latin America and the Caribbean ......54 3. Climate change strategies, policies, plans and programmes .................................67 4/ Economic Commission for Latin America and the Caribbean (ECLAC) Final considerations ..................................................................... 85 Bibliography ............................................................................ 89 Annexes ................................................................................ 93 Annex A1 ............................................................................................. 95 Annex A2 ............................................................................................. 96 Annex A3 ............................................................................................. 97 Annex A4 ............................................................................................. 98 Tables II.1 Human Rights Council resolutions on human rights and climate change ........................ 17 II.2 Recommendations under the universal periodic review (UPR) made and received by Latin American and Caribbean countries on environmental and climate issues .............. 20 II.3 Concluding observations issued in respect of countries of Latin America and the Caribbean that refer to climate change and related issues, since 2014 ..................... 27 III.1 Nationally determined contributions of Latin American and Caribbean countries that include express references to human rights ............................................... 43 III.2 Constitutions that contain express references to climate change .............................. 52 III.3 Latin America and the Caribbean: references to human rights in climate legislation ........... 56 III.4 Latin America and the Caribbean (26 countries): the human rights approach in climate change strategies, policies, plans and programmes ............................................ 69 A1.1 Latin America and the Caribbean: ratification of selected United Nations treaties ............. 95 A2.1 Latin America and the Caribbean (26 countries): disaster risk prevention laws ................. 96 A3.1 Latin America and the Caribbean (28 countries): climate change strategies, policies, plans and programmes ......................................................................... 97 A4.1 Latin America and the Caribbean (25 countries): formal and permanent consultation bodies on climate issues ....................................................................... 98 Figures II.1 Number of concluding observations issued in respect of countries of Latin America and the Caribbean that refer to climate change and related issues, since 2014 ................ 26 II.2 Percentage of concluding observations issued in respect of countries of Latin America and the Caribbean that refer to climate change and related issues, since 2014 ................ 28 III.1 The human rights-based approach in the NDCs of Latin America and the Caribbean ........... 45 Diagrams III.1 Structure of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America (Escazú Agreement) .................... 48 III.2 Latin America and the Caribbean: timeline of national climate change legislation ............. 55 Boxes I.1 Key messages on human rights and climate change ............................................ 12 I.2 Central elements of a rights-based approach to climate action ................................ 12 II.1 Framework principles on human rights and the environment ................................... 35 III.1 Climate litigation in Latin America and the Caribbean ......................................... 74 Maps III.1 Latin America and the Caribbean:
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