NGOs File Third Party Interventions to ECHR in support of Duarte Agostinho’s Climate Case

20 May 2021 – by Ben St. Laurent

A landmark case brought by six young Portuguese citizens in November 2020 against 33 signatory states to the 2015 Paris Agreement continues to gain momentum at the European Court of Human Rights (ECHR). In early May, the European Commissioner for Human Rights and a number of NGOs filed third party interventions to the Court in support of the applicants’ claim. Duarte Agostinho and Others v. Portugal and Others centers on the alleged violation of the applicants’ right to life (article 2) and right to respect for private and family life (article 8) as well as the prohibition of discrimination (article 14) due to the disproportional effects of climate change on younger generations. Due to the urgency of addressing climate change, the applicants won a legal battle confirming the court’s decision to fast-track the case.

The ECHR has constructed a notable body of case law which acknowledges the direct impact of certain environmental issues on human rights, and requires states to mitigate resulting violations of these rights. The ‘environmental admissibility criteria’ for the ECHR, established in Fadeyeva v Russia (2005), stipulates that interference on an applicant’s private life must be concrete and severe, a requirement which the applicants have already satisfied.

There is scientific and governmental consensus that climate change impacts human life, but a state’s legal obligation to mitigate the risk has yet to be established by the Court. By demonstrating causation between the defendant states’ greenhouse gas emissions and global warming induced heatwaves, the Duarte Agostinho case could set a new precedent for a state’s legal obligations to mitigate the effects of climate change. The third party interventions provide the Court with evidence linking national inaction on climate change to ensuing negative impacts on the applicant’s health and human rights.

The group of NGOs that recently filed supportive third party interventions includes Amnesty International, Climate Action Network (CAN) Europe, Germanwatch, Notre Affaire à Tous, and 2Celsius. These organisations have provided evidence supporting the claim that current national contributions will not reduce emissions to a level that will prevent global temperatures from rising above 2°C, in accordance with commitments of the Paris Agreement. According to Wendel Trio, Director of CAN Europe, “Current efforts by our governments to reduce greenhouse gas emissions are highly insufficient as the world is still heading for a temperature rise around 2.5°C, alarmingly above the objectives of the Paris Agreement.” The court should appreciate the expert knowledge on this subject as it waits for government defenses which are due by May 27th.

Study Reveals the Importance of Considering the Impact Climate Action Has on Global Poverty

18 May 2021 – by Evelyn Workman

It is well understood that less economically developed countries will be impacted harder by climate change compared to more developed countries. However, climate action to combat climate change could also worsen poverty by increasing prices for basic necessities, i.e. land-mitigation measures could drive up food prices. In addition, at the international level, a uniform carbon price would lead to higher relative policy costs for developing countries.

A new study has examined the ways in which climate policies could also help to reduce extreme poverty, rather than exacerbate it. The study’s researchers at the Potsdam Institute for Climate Impact Research in Germany found that if socioeconomic efforts to reduce global poverty are continued at the current rate, then 350 million people globally will remain in poverty by 2030, with a large majority of them in Sub-Saharan Africa.

The study predicts that ambitious climate policies introduced to meet the targets of the Paris Climate Agreement could push this number up by 50 million. However, the authors stress that if ‘progressive redistribution’ is considered in climate policies, this could instead lead to a small reduction in global poverty by about 6 million people. ‘Progressive redistribution’ means that countries would redistribute revenues from carbon tax back to all their citizens implemented as an equal-per-capita climate dividend.

However, despite this overall decrease in global poverty, the researcher calculated that this ‘progressive redistribution’ strategy could result in sub-Saharan Africa becoming poorer, with 10 million more people in this region being pushed into extreme poverty. To counteract this negative consequence to sub-Saharan African countries, the authors suggest the implementation of an international finance scheme whereby developed countries redistribute 5% of their carbon carbon revenues to sub-Saharan countries. This scheme could result in 30 million less people in extreme poverty in sub-Saharan Africa, and 45 million less people globally in extreme poverty, by 2030, compared to the current trends.

This research highlights the importance of considering other sustainable development goals (i.e. eradicating extreme poverty) when undertaking climate action, in order to achieve climate change mitigation in a fair and equitable way for all people.

Gender Equality Key to Mitigate Climate Change

17 May 2021 – by Atoosa Gitiforoz

The Nature Climate Change journal released an article on Thursday 6th May 21, detailing findings that demonstrate the importance of gender equality in mitigating climate change. Collated evidence from eighteen sources show how conservation, natural resource management, the protection of Indigenous peoples’ tenure rights and forest-dependent communities can only be achieved with the participation of women in decision-making processes on both a local and governmental level.

The article points to human rights abuses and the lack of women’s involvement in climate programmes as driving factors in forest destruction and the failure of decision makers to address climate related issues that primarily damage the lives of women and Indigenous peoples: ‘In the Brazilian Amazon, for example, deforestation on lands securely held by Indigenous peoples was, on average, 150% lower than in other comparable areas.

Plantation companies have not been held accountable by governments for causing damage to property, food and a healthy environment – which all disproportionately affect women. Rural women are among the least likely to be included in decision-making about land and forest management, yet ‘women are also on the frontlines protecting forests from destruction’.

Differences in gender roles across many communities impacted by climate change has meant that women often use forest products to support their families as opposed to exploiting them commercially. However, conservation and natural resource management have been slow to include women in their programmes. Involving more women in conservation projects in communities, where conservation is in women’s interests due to gender roles, is likely to lead to more sustainable practices. When governments fail to include women, they are at greater risk of being killed, falling victim to gender-based violence and/or be at the receiving end of legal harassment.

For example, ‘women are more likely to plant trees in their gardens to reduce the distance they walk to fetch firewood or to protect the forests, serving as an important food or medicinal source.’ Understanding and considering gender roles by including both men and women as stakeholders in climate change mitigation efforts, ensures that women partake in decision-making processes that directly impact their rights.

Evidence is presented in this article demonstrating that the inclusion of women in forest management groups brings positive outcomes for both government and conservation efforts. The article urges governments to incorporate this evidence within climate action plans, adapt policies that improve both the rights of women and forest-dependent communities, and bringing tenure security for local communities – in particular women.

Early Indicators Forecast Another Summer of Extreme Wildfires Across the Western United States

15 May 2021 – by Ben St. Laurent

Meteorologists and wildfire experts have reported early indicators of another unprecedented season of wildfires in the western United States. Continuous monitoring from NOAA’s National Integrated Drought Information System (NIDIS) shows that nearly half of the U.S. is experiencing drought and the most extreme conditions are concentrated in the Southwest and Pacific. According to National Weather Service data, drought is expected to persist and expand over the region, while temperatures remain above average this summer. AccuWeather wildfire forecasts classify parts of 18 states at high risk of wildfires, nine of which are currently at an extreme risk. Data from the National Interagency Fire Center (NIFC) determined that wildfires have already swept through over a quarter million acres by early May 2021 – double what they had by this time last year.

What this means for local residents and businesses, still reeling from the effects of the pandemic, is alarming. According to the Internal Displacement Monitoring Centre (IDMC), up to 280,000 residents of the western U.S. had been displaced in the first two weeks of September 2020. Yearly evacuation and displacement will likely contribute to domestic climate migration out of the western U.S. The Insurance Information Institute reported that the wildfires in 2020 burned 10 million acres, destroyed 10,500 structures, and incurred billions of dollars in damages. As western states prepare for another year of extreme wildfires, NPR describes how businesses are still rebuilding from last year’s fires – and also the remaining fire damage from years ago. Jeff Smith, owner and founder of Napa Valley’s fire-damaged Hourglass Winery, spoke to NPR about preventative measures residents have begun to take, including using fire resistant building materials and creating defensible space on private property.

In a press conference in early April, Governor Gavin Newsom, California Natural Resources Secretary Wade Crowfoot, and Cal Fire Director Thom Porter addressed the need to plan ahead for the 2021 fire season. Crowfoot underscored the reality that “we are not going to respond our way out of this crisis”, citing increasing temperatures and decreasing precipitation resulting from climate change. The recent increase in the length and severity of wildfires across the American West is a testament to the destruction of climate change and the immediate impact it has on the lives of residents. Towards the effort to invest in proactive wildfire protection, Governor Newsom announced the allocation of $536 million in fire prevention funding, which follows the $80.74 million in emergency funds designated in March to add 1,399 firefighters to the Cal Fire crew this year.

Air Pollution From Nearly All Polluting Sources Disproportionately Affects People of Colour Across the U.S.

13 May 2021 – by Evelyn Workman

Health problems from exposure to air pollution have long been reported in communities of colour across the U.S. A growing body of data is continuing to back up these reports by showing that Asian, Black and Hispanic people are exposed to higher concentrations of air pollutants on average than their white counterparts. A recent study has found that this air pollution exposure disparity faced by people of colour (POC) exists across states, in both rural and urban communities, across income levels, and is true regardless of the type of pollution.

The study, published in the journal Science Advances, focuses on ambient fine particulate air pollution (PM2.5), which is the largest environmental cause of human mortality, according to the Institute for Health Metrics and Evaluation at the University of Washington, and is responsible for 85,000 to 200,000 excess deaths per year in the United States. PM2.5 consists of fine particles with a diameter of 2.5 microns or less. This pollution source is particularly dangerous as the particles are small enough to travel deep into the respiratory tract and reach the lungs, which can consequently lead to numerous health problems, including bronchitis, reduced lung function and increased mortality from lung cancer and heart disease.

This latest study is the first of its kind to track all pollutant source types in the 2014 EPA National Emissions Inventory (over 5000 individual pollutant types). The researchers grouped these pollutants into 14 broad types based on source. These groups included industrial, commercial cooking, and coal electric generation.

This study will enable important discussions on mitigation measures which can be taken to tackle high levels of pollution faced by communities of colour. For example, as the study has highlighted that numerous types of pollution are responsible for this disparity in pollution exposure faced by POC, mitigation efforts taken at the local level may be more effective than tackling the problem on a nationwide level, as different sources of pollution may affect different neighbourhoods across the country.

Sea-Level Rise Halved if Global Warming Limited to 1.5 Degrees Celsius

11 May 2021 – by Atoosa Gitiforoz

A recently published study by the Nature journal shows that limiting global warming to 1.5 degrees Celsius ‘would halve the land ice contribution to twenty-first-century sea level rise’. The world currently, is on track to warm three degrees Celsius by 2100.

This study projects that reducing greenhouse emissions in line with pledges made under the Paris Agreement would have almost halved land ice contribution to sea level in 2100. This halving is demonstrated across three ice sources:

The ice sheet mass loss in Greenland would reduce by 70%, glacier mass losses would roughly halve and Antarctica would see little difference between different emissions scenarios, ‘owing to uncertainties in the competing processes of snowfall accumulation and ice loss.’

The Antarctic Ice Sheet is the largest ice land and its melting is accelerating. Models are used to project the contribution of land ice to sea-level rise, but they cannot explore all outcomes due to uncertain projections, and use up large amounts of computational power. In the most extreme ice sheet loss scenario, Antarctic loss may be up to five times higher – increasing the median sea level to 42cm under current pledges.

Rises in sea level strongly influences the migration of people; 1 billion people may become climate refugees by 2050, largely due to melting ice caps, sea level rises, rising temperatures, drought and catastrophic effects of climate change. A recent study by Harvard University states that West Antarctic ice sheet melting may cause sea levels to rise higher than previously thought. New predictions say that in the case of complete ice sheet collapse, sea levels would rise by an additional 30% (within the next 1,000 years) than previous estimates.

Whilst estimating the number of climate migrants is difficult due to future changes in carbon emissions and coastal-adaptation choices, climate disasters currently do influence migration. Rising sea levels will inevitably lead to land becoming uninhabitable and hence increased displacement. The study published by Nature pointing to a global warming limit of 1.5 degrees Celsius having such as substantial impact on land ice contribution to sea levels, highlights how much damage and suffering can be averted through on-going efforts at mitigating climate change.

Impact of Sea-level Rise on Migration in Bangladesh

10 May 2021 – by Hazal Yilmaz

A new study suggests that movement, especially in low-lying coastal areas, induced by sea-levels rising may trigger a migration wave that will affect around 1.3 million Bangladeshi by 2050.

The mathematical model in the study considers the sequential impact of migration, with respect to the interaction between migrants and residents, by evaluating economic factors alongside human behaviour. The predictions revealed by the model are that primarily the southern regions of the country will be affected and as a result 64 different districts may be subject to forced displacement. According to the American Geophysical Union, there is even a possibility that migrants may also displace existing residents.

The predictions for the capital city of Dhaka in particular stipulate that the population of the city will first increase, before it will be met with a decline due to overcrowding. Furthermore, foreseeing the potential paths of migration through the model may also help in the prevention of conflicts and resource shortages through apt preparations.

The authors of the study submit that using predictive models should guide all future decisions on climate migration, whether with relation to sea level rise, or other natural disasters such as earthquakes, droughts and forest fires.

Brazilian Supreme Court Backs Indigenous Community in the Fight for Ancestral Territory

6 May 2021 – by Evelyn Workman

A landmark decision in the fight for the rights of Brazil’s Indigenous communities has been made by the country’s Supreme Federal Court (STF). STF judges have agreed to review a 2014 ruling which cancelled the demarcation of ancestral territory of the Guarani Kaiowá Indigenous people. The court came to this conclusion because the 2014 ruling hadn’t included input from the Indigenous community.

The Guyraroká territory, in the Brazilian state of Mato Grosso do Sul, was recognized as an Indigenous territory in 2004, and the demarcation process of the territory began in 2009. However, in 2014, STF judges ruled that the Guarani Kaiowá had no legal claim to the territory because they were not living there in 1988, when the Brazilian Constitution was adopted.

This latest STF ruling doesn’t overturn the 2014 ruling to cancel the demarcation of the territory, however the case does set an important precedent for other similar cases involving Indigenous land rights.

This recent ruling is important in the current political climate as it marks a push back against the devastation Indigenous communities have faced during the Bolsonaro administration. In recent years President Jair Bolsonaro’s government has pushed to open up Indigenous land to mining, ranching and logging, the biggest attack on Indigenous communities in decades. Bolsonaro has made clear his opposition for Indigenous land demarcation, therefore this STF ruling marks a setback for his administration.

Community-Based Research Offers Indiginised Solutions for Residents of Alaska’s Kotzebue Sound

4 May 2021 – by Ben St. Laurent

Researchers from Columbia University’s Lamont-Doherty Earth Observatory are nearing the end of a five year community based research project designed to study the effects of climate change on sea ice and marine life in Alaska’s Kotzebue Sound. For years, members of the Ikaaġvik Sikukun research project have monitored geophysical changes in sea ice from unmanned aerial systems. In an article published by the university, lead researcher Christopher Zappa spoke with Columbia News about the findings and novel framework of the research project.

While designing the project, researchers convened an ‘Indigenous Expert Advisory Council’, and met with community leaders who have become increasingly concerned with the impacts of climate change on their communities. The team discussed with the community how changes in sea ice were shortening the traditional hunts their lifestyle depends on. According to Zappa, the community based model “grounds the work in the interests of the local stakeholders”, and will provide indiginised solutions to local climate risks. 

Zappa told Columbia News that the research team used insight they gained from indigenous communities to direct their research at studying the “river and ocean interaction, and how the ice behaves” in the Kotzebue Sound. Indigenous communities contributed more than just insight, providing researchers with decades of data which they’ve kept on ice conditions in the region. Zappa hopes that the research, which will soon be fully analysed, not only helps scientists understand the impact of climate change in the region, but also offers useful insights for indigenous communities that enables them to maintain their way of life. Columbia News reports that Zappa and a number of his colleagues are interested in replicating this type of projects with other communities in the region.

Support to Refugees Key to Climate Disaster Resilience

3 May 2021 – by Atoosa Gitiforoz

The United Nations Refugee Agency has called on states to provide refuge to people displaced by climate change and to contribute to efforts at improving the resilience of at-risk states to future disasters. According to the Internal Displacement Monitoring Centre (IDMC), weather-related incidents have lead to an average of 21.5 million new displacements every year over the past decade. It is estimated that this figure could rise to 200 million by 2050.

The majority of displaced peoples as a result of climate disasters remain within their country’s borders, often in dangerous weather conditions. Only a small number seek international refuge. Over 1 billion people live in climate-related hazardous conditions where climate resilience is weak. Weather events such as storms and floods were responsible for around 95% of disaster displacements in 2019. 

Factors exacerbated by climate change

Other drivers of displacement like poverty, food insecurity, conflict, and political and socio-economic factors are often exacerbated by climate change. Countries that currently face these issues are the least prepared for the impact of climate change.

Food insecurity affects 80% of displaced people worldwide. Climate change can decrease crop yields and food production by damaging land and creating dry conditions. Increased prices as a result then lead to an increase in poverty. Water scarcity as a result of climate change is also linked to increased risk of flooding in other areas of land. The ability of conflict areas to respond to climate disasters is limited due to an existing strain on government resources, leaving little room for recovery. This is why it is evermore important for conflict areas at risk of climate change to develop resilience ahead of disasters. Conflict areas are in a major position of risk to the aftermath of climate disasters due to limited safe land and a pre-existing burden on government resources, leaving little room for recovery.

Vulnerable states and regions identified by the UNHCR

The United Nations Refugee council draws attention to the vulnerability of Central America, The Sahel, Somalia, Yemen, Afghanistan, Bangladesh and Mozambique.

The Dry Corridor refers to the area of Central America where droughts and floods occur, creating displacement and damage to agriculture. In 2020, two hurricanes devastated the region, impacting at least 8 million people.  

In the Sahel region, there are over 2 million internally displaced people (IDP) – 1 million in Burkina Faso alone – where armed groups have exploited tension in poor, drought effected areas. Likewise in Somalia, where 2.9 million are internally displaced, climate change impact has also intertwined with conflict: the militant group, Al-Shabab, has exploited economic hardships caused by drought to boost recruits.

In Yemen, the enduring conflict limits abilities to combat issues brought by climate change, and the country’s experience of flash floods and shorter seasons is contributing to existing food poverty. IDPs in Yemen are four times more likely to suffer from food insecurity.

Afghanistan has endured conflict as well as floods and drought, alongside population growth. These events have led to economic instability, escalating conflict, dry conditions, and a reduction of access to humanitarian aid. It is estimated that about half of Afghanistan’s population of 38 million suffered food insecurity in the first quarter of 2021.

Climate change has worsened Bangladesh’s tropical storms and floods, and the frequency and intensity of these cyclones and floods have devastated the Rohyingya refugee shelters, further displacing them.

In Mozambique, Cyclone Idai, Cyclone Kenneth and Storm Chalane, and Cyclone Eloise – all of which occurred in the space of two years (2019-21) have caused displacement and significant damage to the country’s infrastructure. Pre-existing violence and conflict hampered Mozambique’s recovery. By the end of 2020, 670,000 people from Northern Mozambique had been forced from their homes, as well as 1 million people in need of emergency humanitarian aid.

UNHCR climate efforts

In January 2020, as part of the United Nations High Commissioner for Refugees’ (UNHCR) climate action agenda, a Special Advisor for Climate Action was appointed. The three main areas of focus for this agenda are: Law and Policy, Operations, and UNHCR’s environmental footprint.

‘Law and Policy’ includes providing legal advice and guidance to states regarding the protection of refugees and IDPs from climate change. Operations involve supporting countries to better prepare ahead of and respond to climate disasters. For example, fast-growing trees, alternative energy sources for cooking, and first responder training were implemented by the UNHCR and its partners to help Rohingya refugees. Its environmental footprint has been improved via initiatives such as ‘The Green Box’ initiative to install energy meters across UNHCR offices linked to a global dashboard which monitors power consumption and suggests alternative energy sources. The UNHCR’s emphasis is on providing early support and help to at-risk states – key to preventing a costly and devastating impact from climate change and reducing the number of displaced peoples