"The pursuit of essential minerals lacks justification if it isn't backed by respect for human rights"
The planet's average temperature surpassed 1.5°C above pre-industrial levels last year, highlighting the urgent need for action to combat climate change. In this critical context, the Inter-American Court of Human Rights has issued an advisory opinion emphasising the importance of protecting the climate as part of the life support systems on this planet.
Elisa Morgera, the UN's Special Rapporteur on the promotion and protection of human rights in the face of climate change, was appointed in 2024. Since then, she has produced four reports, with the latest focusing on critical minerals in production.
Morgera's mandate is to find ways to improve the protection of human rights in the context of climate change. She has identified structural gaps in global climate governance that harm the protection of human rights, including a lack of inclusion of biodiversity, oceans, health, and the experience of people affected by climate changes.
The Escazú Agreement and the Aarhus Convention are key to ensuring the effective participation of indigenous peoples, youth, and other marginalized groups in decision-making about the climate. This participation is crucial for access to information and justice, enabling citizens to exercise their right to participate in decision-making and access to justice.
The search for critical minerals for the energy transition is happening in all regions of the world, including Latin America. This region is witnessing a growing 'green extractivism', with the Lithium Triangle (Argentina, Bolivia, and Chile) being a target for extraction for over a decade. However, there have been reports of human rights violations in the context of the exploration of these minerals.
Lobbyists in the coal and extractive industries often influence climate policy by advocating for their interests. Their activities can impact human rights protection in the context of climate change by potentially undermining efforts to implement effective climate policies and secure environmental rights.
Companies must assess in advance if any of their activities or value chains could have negative impacts on human rights and take preventive measures. It is important for governments and companies conducting this transition to respect human rights. We need legislation that explains how companies should protect human rights in the context of climate changes.
Moreover, states must open their decision-making processes, allowing activists to contribute, and decisions should be based on these contributions. Providing guarantees of access to justice if human rights are violated in the context of climate change is also crucial. We need much clearer national legislation on the responsibilities of companies in phasing out fossil fuels.
The Inter-American Court's conclusions are based on both the Inter-American legal system and general international law. The advisory opinion draws on the work of over 20 UN special rapporteurs, underscoring the global consensus on the importance of protecting human rights in the face of climate change.
In conclusion, the Inter-American Court of Human Rights' advisory opinion provides a powerful call to action for governments, companies, and individuals to prioritise human rights in the fight against climate change. It is a significant step towards ensuring a sustainable and equitable future for all.
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