A Human
rights-based approach to climate change: A missed Opportunity for Uganda
By
Labila Sumayah Musoke
“Our efforts to stabilize the
global climate over the course of the past two decades constitutes a series of
failed promises and missed opportunities” Maumoon Abdul Gayoom, July 17, 2007[1].
Introduction
Recent years have witnessed an unprecedented level of attention on the concept of sustainable development. This has not left concepts of law like climate change and human rights untouched [2] . In the sustainable development discourse, law is regarded as ‘an instrument’ tailored to promote “development that meets the needs of the present without compromising the ability of future generations to meet theirs” [3] .
Strategically addressing climate change is by far today’s greatest challenge at both the international and domestic level. After the adoption of the Universal Declaration of Human Rights [4] , the international community-including Uganda increasingly started to use the language of human rights to address issues of human dignity, peace and security- as it is a boon for those facing injustices- like climate change which has potential catastrophic consequences for enjoyment of human rights, and development.
The United Nations Framework on Climate Change (UNFCC) [5] and Kyoto-Protocol [6] that Uganda has signed and ratified reaffirm that climate change is a concern for humankind and oblige the government to live up to its commitments. The Inter-governmental Panel on Climate Change (IPCC) published a landmark assessment report which highlighted climate change as accelerating and human induced [7] . At a regional level, the climate change policy for the East African region [8] requires member states to adopt national policies that aim at reducing green gas emissions without compromising the vital needs of the most vulnerable. The adoption of the National Climate Change Policy and the recent Climate Change Bill, 2018 is a gesture that Uganda is committed to contributing to a global challenge. However, coordination and cooperation is required if Uganda is to effect positive change.
A growing body of literature, highlights that global emissions are reaching record levels and show no sign of reducing [9] . Uganda ranks 159 out of 178 countries in the ND-GAIN index1 (2013), which is worse than in 2010 (rank 156). It ranks 15th on vulnerability and 147th on readiness [10] – meaning that it is very vulnerable to, yet very unready to combat climate change effects. One then ponders, whether climate change suffices as a human rights violation that is legally attributable to the state under the constitution?
Climate change consequences are severe in remote areas where environmental pressures like landslides, prolonged droughts, population growth, and other socio-economic issues are concentrated. Vulnerable people are hit first and hardest [11], yet, they are least responsible for causing the situation. These factors impede people’s access to food, enjoyment of a clean environment, all of which ultimately affect their full realization of human rights.
Climate change is multi-scalar and cross-sectoral. Beyond litigation, a young lawyer can; Advocate for human rights-oriented mitigation measures, like access to climate change-related information and inclusive participation in decision making; mainstream climate change in all development programs [12]; Adopt community-focused interventions that enhance social accountability; Empower community members as agents of change; and advocate for equitable sharing of available resources.
Recent years have witnessed an unprecedented level of attention on the concept of sustainable development. This has not left concepts of law like climate change and human rights untouched [2] . In the sustainable development discourse, law is regarded as ‘an instrument’ tailored to promote “development that meets the needs of the present without compromising the ability of future generations to meet theirs” [3] .
Strategically addressing climate change is by far today’s greatest challenge at both the international and domestic level. After the adoption of the Universal Declaration of Human Rights [4] , the international community-including Uganda increasingly started to use the language of human rights to address issues of human dignity, peace and security- as it is a boon for those facing injustices- like climate change which has potential catastrophic consequences for enjoyment of human rights, and development.
The United Nations Framework on Climate Change (UNFCC) [5] and Kyoto-Protocol [6] that Uganda has signed and ratified reaffirm that climate change is a concern for humankind and oblige the government to live up to its commitments. The Inter-governmental Panel on Climate Change (IPCC) published a landmark assessment report which highlighted climate change as accelerating and human induced [7] . At a regional level, the climate change policy for the East African region [8] requires member states to adopt national policies that aim at reducing green gas emissions without compromising the vital needs of the most vulnerable. The adoption of the National Climate Change Policy and the recent Climate Change Bill, 2018 is a gesture that Uganda is committed to contributing to a global challenge. However, coordination and cooperation is required if Uganda is to effect positive change.
A growing body of literature, highlights that global emissions are reaching record levels and show no sign of reducing [9] . Uganda ranks 159 out of 178 countries in the ND-GAIN index1 (2013), which is worse than in 2010 (rank 156). It ranks 15th on vulnerability and 147th on readiness [10] – meaning that it is very vulnerable to, yet very unready to combat climate change effects. One then ponders, whether climate change suffices as a human rights violation that is legally attributable to the state under the constitution?
Climate change consequences are severe in remote areas where environmental pressures like landslides, prolonged droughts, population growth, and other socio-economic issues are concentrated. Vulnerable people are hit first and hardest [11], yet, they are least responsible for causing the situation. These factors impede people’s access to food, enjoyment of a clean environment, all of which ultimately affect their full realization of human rights.
Climate change is multi-scalar and cross-sectoral. Beyond litigation, a young lawyer can; Advocate for human rights-oriented mitigation measures, like access to climate change-related information and inclusive participation in decision making; mainstream climate change in all development programs [12]; Adopt community-focused interventions that enhance social accountability; Empower community members as agents of change; and advocate for equitable sharing of available resources.
In the end, placing
a human face to climate change as one of today’s global challenge holds a
promise for tackling climate change and attaining sustainable development for
all.
References
[1] Maumoon Abdul Gayoom, Former
President of Maldives, Address at the Royal Common Wealth Society, “Is There a
Right to a Safe Clean Environment” July 17, 2007
[2] The scholarship
demonstrating this fact is significant. Examples of journal articles that employ
the words climate change and human rights include; Knox, ‘climate change and
human rights law’ (2009) 50 Va J Int’L 163; Kenneth Roth, ‘Is Climate Change a
Human Rights Issue”; Edward Cameron, ‘Human Rights and Climate Change, Moving
from an Intrinsic to an Instrumental Approach’ (2010); Marguax J.H and David,
C.W, ‘Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights
Law’ (2010) 37YJIL.
[3] Brundtland, GH, ‘Our Common
Future’: Report of the World Commission on Environment and Development (Oxford
University Press, Oxford, Oxford 1989) Paragraph 27.
[4] Universal Declaration of
Human Rights (UDHR), GA Res 217A, UN Doc A/810/71 (1948).
[5] Adopted 9 May 1992, entered
into force 21 March 1994, 1771 UNTS 107
[6] Adopted 11 December 1977,
entered into force 16 February 2005
[7] Intergovernmental Panel On
Climate Change, Climate Change 2007: Synthesis Report 30 (2007)
[8] East African Community
Climate Change Policy, 2015. Par. 1.5 Goals, “To contribute to sustainable
development through harmonized and coordinated regional strategies, programs
and actions to address climate change”.
[9] Nature Geo Science,
“Persistent Growth of CO2 emissions and implications for
Reaching Climate Tragets”. Vol, 7, October, 2014. www.nature.com/naturegeoscience.
[10] GAIN index summaries a
country’s vulnerability to climate change and other global challenges in
combination with readiness to improve resilience. https://gain.org/country/uganda.
[11] Edward Cameron: Human Rights
and Climate Change: Moving from an Intrinsic to an Instrumental approach, 38 Ga
J, Int’l & Com L.673 at 679 (2010).
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