Submission to UN Special Rapporteur consultation on fossil fuel-based economy and human rights

This submission was made in response to an open consultation by the United Nations Special Rapporteur on climate change on advancing understanding on how to respect, protect and fulfil all human rights, as well as prevent harm and ensure non-discrimination, in the context of a just transition away from fossil fuels and the phase-out of fossil fuel subsidies.

The submission is informed by research conducted at LSE, including at the Grantham Research Institute, and also the authors’ established expertise in the law and governance of climate change and human rights. It responds to questions relating to the human rights impacts of the fossil fuel-based economy, the transition away from and phase-out of fossil fuel subsidies, relevant international law, transferable insights from other sectors, contributions to the achievement of the Sustainable Development Goals, and proposals for scaling up action.

Key points and recommendations

• Fossil fuels remain a prevailing organising element of the world economy and relate to human rights abuses throughout global value chains. States and other economic actors should consider the full range of human rights in assessing adverse impacts of activities linked to the fossil fuel economy, including the effects of fossil fuel extraction and emissions-induced climate change on marginalised communities, especially Indigenous Peoples.
• The concept of ‘just transition’ is essentially contested and not yet well defined in law or public policy, including international law and global public policy. Nonetheless, a rapidly growing body of climate policy addresses notions of justice and human rights. Governments, UN bodies and academics should continue to track the development of just transition policies and assess the effects of these policies, including any impediments to implementation, which can be used to draw lessons and support policy diffusion.
• The global energy transition relies on extractivism centred on critical minerals for renewable energy storage. As the examples of just transition litigation discussed demonstrate, such business operations carry many of the same human rights risks found in the fossil fuel economy. These need to be addressed through the continued and enhanced implementation of the UN Guiding Princples on Business and Human Rights (UNGPs) and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises, while also considering international standards and guidance on critical energy minerals and net zero emissions commitments.
• UN Treaty Bodies are increasingly interpreting international human rights law to address climate breakdown and the transition away from fossil fuels, especially through general comments and general recommendations. These instruments have the potential to strengthen arguments in climate change litigation and to consolidate international norms that can be enforced through mechanisms like the Universal Periodic Review.
• Independent climate change advisory bodies can provide authoritative advice on climate policy development, including the incorporation of rights-based approaches and justice principles towards the realisation of a just transition away from fossil fuels.
• Mainstreaming rights-based climate action in everyday decision-making can enhance the quality of climate action by improving both vertical and horizontal policy coherence within a country.
• Multistakeholder partnerships remain an important governance modality for delivering a just transition away from fossil fuels and achieving the Sustainable Development Goals (SDGs), including SDG 13 and 14. Partnerships, however, need greater oversight and accountability to ensure effective and inclusive institutional designs, the pursuit of synergies across Goals, and rights-based management of trade-offs between Goals.
• The UN should continue aiming to strengthen partnerships, hold them accountable to their commitments, and assist States and businesses in delivering progress on the SDGs and Paris goals to deliver a just transition away from fossil fuels, including through sustained commitment to UN initiatives like the Secretary-General’s high impact initiatives (HIIs). UN bodies should engage in inter-agency monitoring, reporting and lesson-sharing on HIIs, and other actors should engage and augment their own commitments.