Background

One of the first thematic issues identified by the UN Special Rapporteur relates to climate change actions to address the current climate change emergency and to identify particular human rights issues associated with these actions, particularly in the context of loss and damage.

The primary focus on loss and damage stems from the fact that it is very evident that climate change impacts are already being faced by many people around the world and urgent action is needed to address loss and damage, particularly to realize the full enjoyment of human rights.

According to the IPCC Technical Summary of the Sixth Assessment Report (AR6) of the United Nations (UN) Intergovernmental Panel on Climate Change (IPCC), the following overarching conclusions have been derived from the whole of the assessment of the Working Group:

1. The magnitude of observed impacts and projected climate risks indicate the scale of decision making, funding and investment needed over the next decade if climate resilient development is to be achieved.
2. Since AR5, climate risks are appearing faster and will get more severe sooner (high confidence). Impacts cascade through natural and human systems, often compounding with the impacts from other human activities. Feasible, integrated mitigation and adaptation solutions can be tailored to specific locations and monitored for their effectiveness, while avoiding conflict with sustainable development objectives, and managing risks and trade-offs (high confidence).
3. Available evidence on projected climate risks indicates that opportunities for adaptation to many climate risks will likely become constrained and have reduced effectiveness should 1.5°C global warming be exceeded and that, for many locations on Earth, capacity for adaptation is already significantly limited. The maintenance and recovery of natural and human systems will require the achievement of mitigation targets.

In light of these recent findings, it is important to explore options and respond to the need for urgent responses to the climate change emergency that humanity is facing. In particular, it is important to understand and find remedies and redress for individuals and communities in vulnerable situations to the adverse impacts of climate change.

Individuals and communities in vulnerable situations

Consistent with the mandate, the Special Rapporteur is exploring actions to address the human rights aspects of loss and damage that are experienced by individuals and communities in vulnerable situations, namely: women, children, persons with disabilities, indigenous peoples, local communities, peasants and other people working in rural areas, people living in conditions of water scarcity, drought and desertification, persons belonging to minority groups, homeless persons, persons living in poverty, older persons, migrants, refugees and internally displaced persons, those living in conflict areas and those already in vulnerable situations, and the importance of recognizing their agency in contributing to climate action.

Questionnaire

The Special Rapporteur therefore, sought input from States, business enterprises, civil society organisations and intergovernmental organisations on what actions are necessary with respect to financial support, remedies and redress for particularly individuals and communities in vulnerable situations suffering loss and damage as a consequence of climate change.

The study complements the review undertaken by the Special Rapporteur on human rights and the environment in 2019 on “safe climate” (A/74/161).

The Special Rapporteur invited and welcomed your answers to the following questions:

1. What experiences and examples are you aware of that are being faced by particularly individuals and communities in vulnerable situations (as identified above) that have suffered loss and damage due to the adverse impacts of climate change?
2. What legislation, policies and practices do you think are necessary to provide redress for particularly individuals and communities in vulnerable situations that have suffered and will continue to suffer loss and damage due to the adverse impacts of climate change?
3. Please provide examples of policies and practices (including legal remedies) and concepts of how States, business enterprises, civil society and intergovernmental organisations can provide redress and remedies for individual and communities in vulnerable situations who have suffered loss and damage to the adverse impacts of climate change.
4. Please provide examples of ways in which States, the business enterprises, civil society and intergovernmental organisations have provided redress and remedies for individuals and communities in vulnerable situations who have suffered loss and damage due to the adverse effects of climate change.
5. What international, regional and national policies and legal approaches are necessary to protect current and future generations and achieve intergenerational justice for particularly for individuals and communities, from the adverse impacts of climate change?
6. In 2021 at 26th session of the UN Climate Change Conference (COP26), some Parties and civil society organisations proposed a new financial facility to support loss and damage.
   1. Please provide ideas and concepts on how a new facility would operate and how the funds needed to underwrite this fund would be established and maintained.
   2. Please provide ideas and concepts on how a new financial facility for loss and damage could provide redress and remedies for individuals and communities in vulnerable situations who have suffered loss and damage due to the adverse impacts of climate change.
7. What actions are necessary to enhance actions by States, business enterprises, civil society and intergovernmental organisations to dramatically increase efforts to reduce emissions of greenhouse gases, including through support to developing countries, in particular small island developing States, least developed countries and landlocked developing States, to limit the human rights impacts on particularly individuals and communities in vulnerable situations to the adverse impacts of climate change?
8. What actions are necessary to enhance actions by States, business enterprises, civil society and intergovernmental organisation to increase efforts to ensure that actions to adapt to the impacts of climate change contribute to reducing, and not exacerbating, the vulnerabilities of individuals and communities in vulnerable situations to the adverse impacts of climate change?

See questionnaire in French and Spanish.

Submission of responses

We strongly encourage you to please send your responses to the questionnaire in Word format by email to: hrc-sr-climatechange@un.org

We kindly request that your submission be concise and limited to a maximum of 5 pages (or 2,500 words), not including appendices or attachments. Due to a limited capacity for translation, we also request that your inputs be submitted in English, French, or Spanish.

Treatment of inputs/comments received

All responses will be posted on the official webpage of the Special Rapporteur unless it is indicated that the submission and/or the supporting documentation should be kept confidential.