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Measures to address climate change can result in human rights violations when the rights of affected populations are not taken into consideration. Climate change projects in so-called "developing" countries are often financed and/or also implemented by industrialised countries. The research project ClimAccount Human Rights Accountability of the EU and Austria for Climate Policies in Third Countries and their possible Effects on Migration focused on the accountability of the EU and its Member States with regard to negative impacts of climate change measures they are involved in on human rights in third countries - especially those associated with "migration effects". Based on three case studies - projects registered under the Kyoto Protocol's Clean Development Mechanism - the human rights dimension of climate change action was discussed, areas of human rights concerns that were discernible in all three case study projects were identified, the issue of extraterritorial human rights obligations was analysed and the subject of access to justice was scrutinized.
While the Paris Agreement (PA) has enshrined ambitious long-term objectives, the current actions of the Parties to the Agreement fall far short of these goals. The Global Stocktake (GST), established in Art. 14 of the PA, may help narrow this gap between ambition and action: its purpose is to review the implementation of the PA and to assess the collective progress of the international community towards Paris goals. While some general modalities on how to conduct the GST have been adopted, the details are still to be determined.
The objective of this report is to analyze existing international regimes as regards their review processes, the contribution of these review processes to various governance functions and, finally, to derive lessons for the GST. Processes analyzed include:
the design of the upcoming Global Stocktake itself,
the Talanoa Dialogue (TD) which is the direct precursor of the GST,
the Agenda 2030 High-Level Political Forum (HLPF), which features a regular stocktaking process focused on progress toward the Sustainable Development Goals (SDGs),
the review processes of the UN human rights system (UNHRS) and
the review processes and assessment panels of the Montreal Protocol (MP).
The analysis of each review process is organised in four section: (1) political background and context, (2) technical and organisational details of the processes, (3) interface between the political and technical processes, and (4) how the review processes contribute to achieving the objectives of the respective regime, particularly governance functions of the regime (guidance and signal, transparency and accountability, and knowledge and learning).
The new mechanism defined under Article 6.4 of the Paris Agreement is supposed to allow for international cooperation with regard to climate change mitigation and thereby enable an increase in overall mitigation. Nevertheless, the design of the mechanism under Article 6.4 should also make sure that it is not be in conflict with the long-term goal of net-zero GHG emissions but even better foster national pathways leading to this objective. Building this into the mechanism requires to shift the focus from short- and mid-term considerations to the long-term perspective in one way or another.
This discussion paper explores three different approaches that may help to foster the long-term objective of net-zero GHG emissions in the operationalization of Article 6.4, namely positive and negative lists, additionality with regard to a baseline consistent with both, NDCs and long-term targets, as well as adaptation of existing instruments and criteria from climate finance. The detailed discussion of the ap-proaches shows that the approaches should not be seen as mutually exclusive but rather as comple-mentary to each other. From the analyses, two storylines emerge how to combine aspects of the differ-ent approaches in a reasonable way to foster the long-term objective of net-zero GHG emissions under Article 6.4.
The inclusion of references to human rights in the Paris Agreement was celebrated as a milestone towards greater integration of human rights in environmental and climate governance. Beyond their symbolic value, the significance of these provisions however depends on the extent to which they inform the implementation of the Paris Agreement both at the national and international levels. This article takes stock of the integration of human rights in climate governance and identifies concrete opportunities to ensure that human rights considerations are included in the Paris Implementation Guidelines to be adopted at COP-24, promoting climate action that aligns with Parties' human rights obligations. We first consider the relevance of human rights to climate action and the incremental recognition of these linkages in the international climate regime - both in the lead up to the adoption of the Paris Agreement and since. We then consider in specific terms how human rights could inform five key dimensions of the Paris Agreement's Implementation Guidelines: NDC guidance, adaptation communications, transparency framework, global stocktake, and the article 6 mechanisms. This article will reflect on past experience of how climate policy impacts human rights and on proposals put forward in the context of the negotiations of the implementation guidelines. It concludes with recommendations on a right-based approach to the implementation of the Paris Agreement.
This report is a synthesis of the research and re-evaluates the options previously considered in this project (Vieweg et al (2014)) in the light of the negotiation process up to today. The mitigation-related design elements considered are:
Participation and differentiation of countries; Types of commitments, including also the compulsory character of the commitments and time aspects; Guidance on ambition of the commitments to assure adequacy of global and individual countries' efforts; Transparency of commitments.
Article 6 of the Paris Agreement establishes mechanisms for Parties to "pursue voluntary cooperation in the implementation of their nationally determined contributions to allow for higher ambition in their mitigation and adaptation actions [...]" (Article 6.1). I. e. the mechanisms are explicitly designed to foster higher ambition. However, without additional guidance and rules, the economic incentives of carbon markets may work against increasing host country ambition. For example, setting ambitious NDC targets may directly reduce the amount of mitigation outcomes that go beyond the NDC target and that a host country can transfer abroad. The report presents four options on how the risks can be ad-dressed and ambition can be increased: (1) Strengthening reporting, transparency and comparability; (2) Reconciling the design of the Article 6.4 mechanism with ambition raising of host countries; (3) Supporting the host country to raise ambition through the Article 6.4 mechanism; (4) Fostering the acquiring country to raise ambition through the Article 6.4 mechanism. These options are assessed and recommendations are provided on how they could be implemented.