A/HRC/48/78
populations. The persistent failure to take sufficiently ambitious action to reduce
greenhouse gas emissions and thereby mitigate climate change has the heaviest impact
on States and communities that have been subject to historic exploitation,
discrimination and marginalization. States must pay attention to historical or persistent
prejudice, recognize that environmental harm can result from and reinforce existing
patterns of discrimination, and take measures against the conditions that cause or
perpetuate discrimination. States should take measures to protect those who are at
particular risk of environmental harm.
59.
Environmental justice and reparations are human rights to which people of
African descent are entitled. As environmental human rights defenders, people of
African descent have faced threats, intimidation and violent attacks while defending
their communities’ human rights or campaigning for the promotion of economic
alternatives that contribute to the development of environmentally safe livelihoods for
people of African descent.
60.
Environmental racism is perpetrated by States, international corporations and
other non-State actors, often in violation of international human rights obligations and
local law, and also with deliberate indifference to the impact on communities of African
descent. It is for this reason that the Durban Declaration and Programme of Action
requested States, supported by international cooperation as appropriate, to consider
positively concentrating additional investments in environmental control in
communities of primarily African descent.
61.
The climate crisis has now become a ticking time bomb. This global emergency,
characterized by global warming and climate change as a result of human decisionmaking, including the burning of fossil fuels and the release of excessive amounts of
carbon into the environment, has already had a disproportionate impact on the lives of
people of African descent. Disproportionate effects have also been reported on the
African continent. Communities and even entire States that occupy and rely upon lowlying coastal lands, tundra and Arctic ice, arid lands, and other delicate ecosystems are
at particular risk. Policymaking, including how States respond to the climate crisis, may
strengthen the impact of the climate crisis on communities of African descent, which
often have less political and positional power locally and globally. Addressing the
climate crisis requires a human rights-based approach that prioritizes the inclusion of
people of African descent in decision-making at all stages, including preparedness,
mitigation, response and recovery. Protection should be equal and effective.11
62.
The evidence from climate tipping points in the climate system, which suggests
that “we are in a state of planetary emergency”, points to a worsening situation for
people of African descent. 12 Among other things, the Durban Declaration and
Programme of Action invites States to consider non-discriminatory measures to provide
for a safe and healthy environment for individuals and groups of individuals victims of
or subject to racism, racial discrimination, xenophobia and related intolerance, and in
particular, to ensure that relevant concerns are taken into account in the public process
of decision-making on the environment. This further requires appropriate remedial
measures, as possible, to clean, re-use and develop contaminated sites, and where
appropriate, relocate those affected on a voluntary basis after consultation.
63.
The world is currently facing a climate crisis, environmental racism, pervasive
toxic pollution, dramatic loss of biodiversity and a surge in emerging infectious diseases
of zoonotic origin, such as COVID-19. These interlocking environmental crises have a
negative impact on a wide range of human rights, including the rights to life, health,
water, sanitation, food, decent work, development, education, peaceful assembly and
cultural rights, as well as the right to live in a healthy environment.
64.
The adverse effects have a disproportionate impact on women and girls and the
rights of billions of people, especially those who are already vulnerable to
11
12
14
See www.ohchr.org/EN/Issues/HRAndClimateChange/Pages/HRClimateChangeIndex.aspx.
Timothy M. Lenton et al., “Climate tipping points — too risky to bet against”, Nature, 2019; 575
(7784).