A/HRC/36/46
VI. State commitments, national reports and intended nationally
determined contributions
75.
Parties to the United Nations Framework Convention on Climate Change must
submit national reports, also known as communications, on implementation of the
Convention to the Conference of the Parties.42 The required content of national reports and
the timetable for their submission are different for annex I and non-annex I parties, in
accordance with the principle of “common but differentiated responsibilities” enshrined in
the Convention.43
76.
A study by the Mary Robinson Foundation of national reports submitted between
2010 and 2015 concluded that the majority did not refer to human rights, such as the right
to health, the right to adequate food or the right to water and sanitation, although the
majority of the reports contained references to domestic policies and measures that related
to human rights protection. The vast majority — over 95 per cent — of the references to
substantive rights were in reports from developing countries, probably because these
countries were already feeling the impacts of climate change on such rights as water, food,
health and shelter due to extreme events, rising sea levels and changing seasons.
77.
The study concluded that international reporting processes still tended to deal with
human rights and climate change as separate issues. The authors urged the adoption of a
more cohesive approach that would better reflect realities on the ground, where rights,
development and climate change are interlinked.44
78.
Furthermore, in 2013 the Conference of the Parties invited all parties to develop
reports by 2015 on intended nationally determined contributions (INDCs) towards
achieving the objective of the Convention, as set out in its article 2. 45 INDCs play an
important role in the framework established by the Paris Agreement as they form the
implementation plans through which each Government defines the level of its commitment
and identifies how it will implement its obligations. UNEP has raised concerns that only 14
of the first 119 INDCs submitted referred to linkages between climate change and the
impact of mitigation and or adaptation measures on indigenous peoples. 46 Of further
concern is that references in INDCs to respect for human rights tended to be general,
without concrete detail.
79.
Furthermore, a review undertaken by the non-governmental organization (NGO)
Rights and Resources Initiative of 161 INDCs noted that only 21 of them, representing less
than 13 per cent of the world’s tropical and subtropical forest area, included clear
commitments to implement community-based tenure or natural resource management
strategies as part of their climate change mitigation plans or adaptation actions. 47
80.
Parties to the Convention should prepare their INDCs in a manner that enables the
full and effective participation by indigenous peoples and civil society, as well as other
parts of the population particularly affected by climate response measures.48 Furthermore,
parties should explain the steps taken to increase participation of all stakeholders in
developing the INDC reports.
81.
Without a participatory approach and public access and awareness of reporting
processes, States may seek to eschew their obligations under human rights law by
conceptualizing climate change processes as disconnected from human rights. In order to
prove their commitment to honour their human rights obligations, States must acknowledge
42
43
44
45
46
47
48
14
Article 7.
See http://unfccc.int/national_reports/non-annex_i_natcom/items/10124.php.
See www.mrfcj.org/.
See http://unfccc.int/files/focus/indc_portal/application/pdf/synthesis_report_-_overview.pdf; and
http://unfccc.int/ focus/indc_portal/items/8766.php.
UNEP, Climate Change and Human Rights, pp. 30-31.
See http://rightsandresources.org/wp-content/uploads/2016/04/Indigenous-Peoples-and-LocalCommunity-Tenure-in-the-INDCs-Status-and-Recommendations_RRI_April-2016.pdf.
See www.ciel.org/wp-content/uploads/2017/05/Delivering-On-Paris-Web.pdf.