TRES/001/8/4/2015: Climate Change and Human Rights in Africa

TRES/001/8/4/2015: Climate Change and Human Rights in Africa
We, the participants of the Forum on the Participation of NGOs in the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 30th African Human Rights Book fair held in Banjul, The Gambia from 16th to 19th April 2015;
Bearing in mind the mandate of the African Commission on Human and Peoples’ Rights (‘the Commission’) to promote human and peoples’ rights and ensure their protection in Africa under the African Charter on Human and Peoples’ Rights (‘the African Charter’),
Recalling the Commission’s Resolution ACHPR/Res153(XLVI)09 on Climate Change and Human Rights and the Need to Study its Impacts in Africa, adopted at its 46th Ordinary Session on 25 November 2009 and the Commission’s Resolution ACHPR/Res271(LV)14 on Climate Change and Human Rights and the Need to Study its Impacts in Africa, adopted at its 55th Ordinary Session on 11 May 2014;
Recalling Resolution TRES/005/11/09 on the Effects of Climate Change on the Full Enjoyment of Human and Peoples’ Rights in Africa, adopted at the NGO Forum convened prior to the 46th Ordinary Session of the Commission on 9 November 2009;
Considering the provisions of Articles 22 and 24 of the African Charter relating to the right of peoples to economic, social and cultural development and the right of peoples to a satisfactory environment favourable to their development;
Considering the provisions of the United Nations Declarations on the Rights of Indigenous Peoples, which recognises the rights of indigenous peoples and communities to their ancestral lands, cultures, lifestyles and a safe satisfactory environment;
Considering that the UNFCCC obliges states Parties thereto to “… protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities”;
Noting that the Conference of the Parties to the UNFCCC, which include all African countries, are engaged in negotiations towards a new legally binding international agreement under the United Nations Framework Convention on Climate Change (UNFCCC) and that proposals have been made to include human rights in the text;
Noting that the human right language proposed for the climate agreement does not reflect adequately the African perspective on human and peoples’ rights, especially the right to general satisfactory environment favourable to their development and the right to development;
Noting that African regional standards for the protection of the environment, management of natural resources and human and peoples’ rights are consistent with provisions of the UNFCCC and its Kyoto Protocol, to which all African States are parties;
Concerned about the failure of developed country Parties to the UNFCCC to agree on ambitious targets for a second commitment period under the Kyoto Protocol or in the Agreement being negotiated for adoption by the Conference of the Parties of the UNFCCC meeting for the 21st session in Paris, France from 1 to 11 December 2015;
Concerned about the detrimental impacts of warming predicted on the basis of voluntary pledges submitted by Parties to the UNFCCC, which in Africa could lead to temperature rises of more than 5 degrees Celsius;
Concerned about the absence of full, effective and sustained implementation of the Convention through long-term cooperative action, including a lack of technology transfer and financial assistance for mitigation and adaptation, which are all necessary to safeguard human rights in Africa;
Reiterating the Commission’s concern that the lack of human rights safeguards in various draft texts under negotiation could put at risk the life, physical integrity and livelihood of the most vulnerable members of society including isolated indigenous and local communities, women, and other vulnerable social groups;
Call Upon the African Commission to:
1. Implement Resolution ACHPR/Res153(XLVI)09 by urgently requesting to the Assembly of Heads of State and Government of the African Union to:
2. Encourage its Member States to ensure that human rights safeguards, such as the principle of free, prior and informed consent, be included in any international agreement or instruments on climate change;
3. Encourage its Member States to ensure that special measure of protection for vulnerable groups such as children, women, the elderly, indigenous communities and victims of natural disasters and conflicts are included in any international agreement or instruments on climate change;
4. Take all necessary measures to ensure that the African Commission on Human and Peoples’ Rights is included in the African Union’s delegation at the Conference of the Parties of the UNFCCC meeting for the 21st session in Paris, France from 1 to 11 December 2015; and,
5. To urge Member States to take into account in all climate change negotiations the ‘study on the impact of climate change on human rights
in Africa’ that the African Commission on Human and Peoples’ Rights should present to its 57th Ordinary Session.
Done in Banjul, The Gambia – 19 April 2015