CLIMATE CHANGE - OAS

1 Americas CLIMATE CHANGEin theA Comparative Overview of the Rights Based ApproachAmericas CLIMATE CHANGEin theA Comparative Overview of the Rights Based ApproachRIGHTS OF THE AUTHOR (2016) General Secretariat of the Organization of American States (OAS). Published by the De-partment of sustainable Development. All rights reserved under International and Pan-American Conventions. No portion of the contents may be reproduced or transmitted in any form, or by any means, electronic or mechanical, including photocopying, recording or any information storage retrieval system, without prior permission in writing from the publisher and the General Secretariat of the OAS.

2 OAS Cataloging-in-Publication DataOrganization of American States. Department of sustainable De-velopment. CLIMATE CHANGE : A comparative overview of the rights based approach in the Americas / [Published by the Department of sustainable Development of the General Secretariat of the Or-ganization of American States].p. : ill. ; cm. (OAS. Official records ; )ISBN 978-0-8270-6598-71. Climatic CHANGE . 2. Environmental law. 3. Human rights. 4. Environmental policy. 5. sustainable Development Goals. I. Ti-tle. II. Paris Agreement on CLIMATE CHANGE 2015. IV. United Nations Framework Convention on CLIMATE views expressed herein are presented for informational purposes only and do not represent the opinions or official positions of the Organization of American States, its General Secretariat, its Member States or any of its partner institutions.

3 Graphic Design: Maria MontasAmericas CLIMATE CHANGEin theA Comparative Overview of the Rights Based ApproachClimate CHANGE : A Comparative Overview of the Rights Based Approach in the Americas | 7By Luis Almagro, Secretary General, Organization of American StatesPrologueThe Paris Agreement on CLIMATE CHANGE entered into force on November 4th, 2016, ratified by 97 countries that account for of the world s total greenhouse gas emissions. The presentation by 22 OAS Member States of their instruments of ratification, acceptance, approval and accession to the Agreement sends a powerful message re-garding where the Americas stands on CLIMATE CLIMATE CHANGE is an urgent priority, because its effects -especially in the Americas- could be devastating.

4 More frequent and more powerful hurricanes in the Caribbean, melting Andean glaciers, diminished fish catches due to bleaching of coral reefs, and rising sea levels are just a few of the effects either already being felt, or at risk in the near this context, the rights-based approach to ad-dressing CLIMATE CHANGE prioritizes the needs and concerns of the people of the Americas in the identification and implementation of solu-tions, and in particular those of most vulnerable groups. This approach also means that solutions must be based on the rule of law, while guided by the principles of equity, justice and inclusion.

5 The United Nations Framework Convention on CLIMATE CHANGE (UNFCCC) includes commit-ments for Parties on public engagement, infor-mation and participation. All of the above make the standard for CLIMATE CHANGE decision making by the different branches of government clearly strength with which the Paris agreement has entered into force in the region does not happen in isolation; it follows a meeting of the OAS Gen-eral Assembly focused on institutional strength-ening for sustainable development, which also highlighted the rights-based approach. It also takes place at a time in which our member states have approved a comprehensive strategic plan with cross-cutting guidelines to align the actions of the Organization with the UNFCCC and the Paris Agreement on CLIMATE CHANGE adopted by the Parties to COP21.

6 The plan also aims to con-tribute to the implementation of the 2030 Agen-da for sustainable Development and its Sustain-able Development Goals (SDGs). Furthermore, these guidelines call for a focus on vulnerable 22 in Marrakech, marks the beginning of a new era focused on implementation and con-crete actions in the Americas and beyond. In this new era, we must work to bridge the gaps between science, law and policy to benefit the citizens of every OAS member the occasion of the entry into force of the Par-is Agreement and COP 22, this publication seeks to provide a perspective on CLIMATE CHANGE and rights in the Americas.

7 First, by describing devel-opments in the Inter-American CLIMATE CHANGE agenda and their linkages to environmental and human rights law; and second, by analyzing the implementation of legal principles to address the impact of CLIMATE CHANGE on the peoples of the Americas by the executive, the legislative and the judiciary , responses from these branches of govern-ment are truly defining how CLIMATE CHANGE is addressed on the ground. These responses also illustrate the role of institutions and that of the 8 | CLIMATE CHANGE : A Comparative Overview of the Rights Based Approach in the AmericasOAS General Secretariat in assisting Member States in strengthening institutions and support-ing implementation of the 2030 Agenda and the Paris Agreement, complementing the UN system and sister agency , effective, responsible and inclusive institutions at all levels of governments will be critical to the implementation of these commit-ments.

8 And to achieving the goals and targets of the 2030 agenda for sustainable Development and those of the Paris Agreement in our addition to providing insight to our Member States I believe this publication will serve as a tool in the context of CLIMATE diplomacy, for awareness-raising regarding CLIMATE CHANGE and the rights-based approach in different upcoming for a and decision making is my hope that this publication will relaunch a conversation about how CLIMATE governance can and should help to ensure the rights of more people in this new era through strengthened, in-clusive institutions focused on Almagro Secretary General Organization of American StatesClimate CHANGE : A Comparative Overview of the Rights Based Approach in the Americas | 9By Michael Burger Executive Director and Research Scholar Sabin Center for CLIMATE CHANGE Law at Columbia Law SchoolForewordIn 2005, the Inuit people petitioned the In-ter-American Human Rights Commission, lodg-ing a claim that CLIMATE CHANGE impacts in the Arctic were violating their human rights.

9 The Commission ultimately declined to hear the case, yet the Inuit petition remains a landmark. First, it signals a transition in the international community s awareness of the relationship be-tween CLIMATE CHANGE and human rights. Sec-ond, it serves as an opening salvo in the CLIMATE justice litigation still emerging in the Americas and around the world. It has long been recognized that a clean, healthy and functional environment is integral to the full enjoyment of human rights, such as the rights to life, health, food and an adequate standard of living. Anthropogenic CLIMATE CHANGE threat-ens billions of people and the ecosystems, nat-ural resources and physical infrastructure upon which their livelihoods and well-being depend.

10 This new publication from the Organization of American States aims to inform governments, judiciaries, civil society and industry actors op-erating within the Inter-American system by of-fering a regional perspective on the rights-based approach to CLIMATE action, The Americas are confronting a wide range of CLIMATE CHANGE impacts including ecosystem degradation, extreme events and water scarci-ty often in situations where populations are highly vulnerable. These realities make clear that the need for greenhouse gas emissions mitiga-tion and a global transition to a decarbonized economy must be balanced, especially in de-veloping countries, with the demands of adap-tation and disaster risk reduction and the ambi-tious platform for development set forth in the sustainable Development Goals.