Mandate of SPL Rap
Mandate of SPL Rap
Mandate of SPL Rap
Original: English
GE.21-14696(E)
A/HRC/RES/48/14
Recalling also article 5 of the Vienna Declaration and Programme of Action, which
states that all human rights are universal, indivisible and interdependent and interrelated, that
the international community must treat human rights globally in a fair and equal manner, on
the same footing, and with the same emphasis, and that, while the significance of national
and regional particularities and various historical, cultural and religious backgrounds must
be borne in mind, it is the duty of States, regardless of their political, economic and cultural
systems, to promote and protect all human rights and fundamental freedoms,
Recalling further all previous resolutions adopted by the Human Rights Council on
human rights and climate change, the most recent being Council resolution 47/24 of 14 July
2021, in which the Council encouraged the continued discussions among States and relevant
stakeholders on the possible creation of a new special procedure addressing the adverse
impact of climate change on the full and effective enjoyment of human rights,
Recognizing with appreciation the work of the Climate Vulnerable Forum in
advancing discussions on human rights and climate change and initiatives such as the Geneva
Pledge for Human Rights in Climate Action,
Conscious that change in the Earth’s climate, and the ensuing adverse effects, have
led to economic, social, cultural and environmental consequences and have negative
implications, both direct and indirect, for the effective promotion and protection of human
rights and the achievement of the Sustainable Development Goals,
Recognizing that measures to anticipate, prevent or minimize the causes of climate
change, including reducing greenhouse gas emissions, and to mitigate and adapt to its adverse
impact, and the protection of the environment, contribute to human well-being and to the
better enjoyment of human rights, as well as to sustainable development,
Recognizing also that, while the human rights implications of the adverse impact of
climate change affect individuals and communities around the world, especially in
developing countries, in particular small island developing States, least developed countries
and landlocked developing States, the consequences most acutely affect women, children,
persons with disabilities, indigenous peoples, local communities, peasants and other people
working in rural areas, people living in conditions of water scarcity, drought and
desertification, persons belonging to minority groups, homeless persons, persons living in
poverty, older persons, migrants, refugees and internally displaced persons, those living in
conflict areas and those already in vulnerable situations, and the importance of recognizing
their agency in contributing to climate action,
Recalling its resolutions 5/1 of 18 June 2007, on institution-building of the Human
Rights Council, and 5/2, on the Code of Conduct for Special Procedure Mandate Holders of
the Human Rights Council, and stressing that the mandate holder shall discharge his or her
duties in accordance with those resolutions and the annexes thereto,
Noting that implementation of the commitments made under the United Nations
Framework Convention on Climate Change and the Paris Agreement, including with respect
to climate finance, would contribute to curtailing the adverse impact of climate change on
human rights and sustainable development,
Reaffirming Human Rights Council resolution 40/11, in which the Council recognized
the contribution of human rights defenders, including women and indigenous human rights
defenders, working in environmental matters, referred to as environmental human rights
defenders, to the enjoyment of human rights, environmental protection and sustainable
development, urging all States to take all measures necessary to ensure the protection of the
rights and safety of all persons, including environmental human rights defenders, and
underscoring the responsibility of all business enterprises, both transnational and others,
consistent with the Guiding Principles on Business and Human Rights, to respect human
rights, including the rights to life, liberty and security of human rights defenders, including
environmental human rights defenders,
Considering that the impact of climate change, the unsustainable management and use
of natural resources, the pollution of air, land and water, the unsound management of
chemicals and waste, the resulting loss of biodiversity and the decline in services provided
by ecosystems may interfere with the enjoyment of a safe, clean, healthy and sustainable
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environment, that environmental damage can have negative implications, both direct and
indirect, for the effective enjoyment of human rights, and that, henceforth, these issues
require a comprehensive, cross-sectoral, global and intersectional approach and should be
addressed by the Special Rapporteur on the issue of human rights obligations relating to the
enjoyment of a safe, clean, healthy and sustainable environment, the Special Rapporteur on
the implications for human rights of the environmentally sound management and disposal of
hazardous substances and wastes and the Special Rapporteur on the human rights to safe
drinking water and sanitation, in coordination with one another, in addition to any other new
mandate holder,
1. Expresses its resolve to contribute towards ongoing efforts at all levels to
address the adverse impact of climate change on the enjoyment of human rights, in the light
of scientific data and assessments, and in a well-integrated manner that advances progress
towards the implementation of the 2030 Agenda for Sustainable Development, the Paris
Agreement and the United Nations Framework Convention on Climate Change, as well as
towards the promotion, protection, realization and enjoyment of human rights by everyone
everywhere;
2. Decides to appoint, for a period of three years, a special rapporteur on the
promotion and protection of human rights in the context of climate change, with the following
mandate:
(a) To study and identify how the adverse effects of climate change, including
sudden and slow onset disasters, affect the full and effective enjoyment of human rights and
make recommendations on how to address and prevent these adverse effects, in particular
ways to strengthen the integration of human rights concerns into policymaking, legislation
and plans addressing climate change;
(b) To identify existing challenges, including financial challenges, in States’
efforts to promote and protect human rights while addressing the adverse effects of climate
change, and make recommendations regarding respect for, and promotion of, human rights,
including in the context of the design and implementation of mitigation and adaptation
policies, practices, investments and other projects;
(c) To synthesize knowledge, including indigenous and local traditional
knowledge, and identify good practices, strategies and policies that address how human rights
are integrated into climate change policies and how these efforts contribute to the promotion
and protection of all human rights and poverty alleviation;
(d) To promote and exchange views on lessons learned and best practices related
to the adoption of human rights-based, gender-responsive, age-sensitive, disability-inclusive
and risk-informed approaches to climate change adaptation and mitigation policies, with a
view to contributing to the achievement of the Paris Agreement and the United Nations
Framework Convention on Climate Change, which could help in the realization of the
Sustainable Development Goals, in particular Goals 13 and 14, to address the economic,
cultural, environmental and social challenges that climate change poses for the full enjoyment
of human rights for all and in particular to support the resilience and adaptive capacities of
people in vulnerable situations to respond to the adverse impact of climate change;
(e) To raise awareness on the human rights affected by climate change, especially
of persons living in developing countries particularly vulnerable to climate change, such as
least developed countries, small island developing States and landlocked developing States,
and encourage increased global cooperation in this regard;
(f) To seek views and contributions from States and other relevant stakeholders,
including international organizations, United Nations institutions, agencies, funds and
programmes, regional economic commissions, international and regional financial
institutions, regional human rights mechanisms, national human rights institutions, civil
society, children and young people, older persons, indigenous peoples, local communities,
women’s rights organizations, organizations of persons with disabilities, peasants and other
people working in rural areas, academia, scientific institutions and non-governmental
organizations, in the discharge of the mandate and develop a regular dialogue and
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consultation on measures at the domestic and international levels on effective and sustainable
climate action that respects, promotes and protects human rights;
(g) To facilitate and contribute to the exchange of technical assistance, capacity-
building and international cooperation in support of national efforts, actions and measures to
address the adverse impact of climate change on the enjoyment of human rights, in
collaboration with Governments, international organizations, civil society, the technical and
academic communities, the private sector and all relevant stakeholders, including by using
new and emerging digital technologies;
(h) To work in close coordination, while avoiding duplication of efforts, with the
Office of the United Nations High Commissioner for Human Rights, other special procedures
and other human rights mechanisms of the Human Rights Council, the treaty bodies and other
relevant United Nations agencies, funds and programmes, including those related to climate
change and the environment;
(i) To conduct country visits and to respond promptly to invitations from States;
(j) To participate in, and contribute to, a human rights perspective to relevant
international conferences and events with the aim of promoting a systematic and coherent
approach to issues pertaining to the mandate;
(k) To integrate a gender-responsive, age-sensitive, disability inclusive and social-
inclusion perspective throughout the work of the mandate;
(l) To work closely with States and relevant stakeholders, including business
enterprises, both transnational and others, to adopt a human rights perspective in accordance
with the Guiding Principles on Business and Human Rights to mitigate potential adverse
effects of their activities, including investment projects, on human rights in the context of
climate change;
(m) To closely coordinate with the Special Rapporteur on the issue of human rights
obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment,
the Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes and the Special Rapporteur on
the human rights to safe drinking water and sanitation and to consider every possibility to
coordinate his or her work with these mandate holders in the most effective way, including
through joint undertakings;
(n) To report annually to the Human Rights Council, starting from its fiftieth
session, and to the General Assembly at its seventy-seventh session;
3. Calls upon all States and all stakeholders to cooperate fully with the Special
Rapporteur on the promotion and protection of human rights in the context of climate change
in the performance of the mandate, including by providing all necessary information
requested in the Special Rapporteur’s communications, to react promptly to the Special
Rapporteur’s urgent appeals, to give serious consideration to responding favourably to the
Special Rapporteur’s requests for country visits and to consider implementing the
recommendations in reports submitted under the mandate;
4. Encourages all relevant stakeholders, including United Nations agencies,
funds and programmes, human rights mechanisms, national human rights institutions,
national independent monitoring frameworks, civil society, the private sector, donors and
development agencies to cooperate fully with the Special Rapporteur to enable the mandate
holder to fulfil the mandate;
5. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Special Rapporteur with all the human, technical and
financial resources necessary for the effective fulfilment of the mandate;
6. Requests the Advisory Committee of the Human Rights Council to conduct a
study and to prepare a report, in close cooperation with the Special Rapporteur, on the impact
of new technologies for climate protection on the enjoyment of human rights, and to submit
the report to the Council at its fifty-fourth session;
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7. Emphasizes that, while taking steps to respond to climate change, States must
ensure that they meet their human rights obligations;
8. Decides to remain seized of the matter.
44th meeting
8 October 2021
[Adopted by a recorded vote of 42 to 1, with 4 abstentions. The voting was as follows:
In favour:
Argentina, Armenia, Austria, Bahamas, Bahrain, Bangladesh, Bolivia
(Plurinational State of), Brazil, Bulgaria, Burkina Faso, Cameroon, Côte
d’Ivoire, Cuba, Czechia, Denmark, Fiji, France, Gabon, Germany; Indonesia,
Italy, Libya, Malawi, Marshall Islands, Mauritania, Mexico, Namibia, Nepal,
Netherlands, Pakistan, Philippines, Poland, Republic of Korea, Senegal,
Somalia, Sudan, Togo, Ukraine, United Kingdom of Great Britain and
Northern Ireland, Uruguay, Uzbekistan and Venezuela (Bolivarian Republic
of)
Against:
Russian Federation
Abstaining:
China, Eritrea, India and Japan]