SOUTH AFRICAN HUMAN RIGHTS COMMISSION

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SOUTH AFRICAN HUMAN RIGHTS COMMISSION
Comment to Parliament, Portfolio Committees and
Select Committees on Climate Change 18 November
2009 Yuri Ramkissoon (Senior Researcher
Environment)
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Introduction

• The South African Human Rights Commission (the
  Commission) has a specific mandate in terms of
  section 184 (3) of the Constitution to monitor
  and assess the realisation of economic and social
  rights.
• As such, the Commission is compelled to make a
  submission on climate change as it impacts on the
  progressive realisation of economic and social
  rights.
• Environmental portfolio deals with environmental
  complaints, education and training and monitoring
  that impact in any way with human rights or the
  States constitutional obligations.
• Focus areas mining, energy, access to and
  quality of water, public participation, access to
  information, air quality, sustainable
  development.

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Structure of Presentation

• The Commissions mandate and ESR monitoring
• The Human Rights and Environment portfolio
• A Constitutional Framework
• The link between human rights, environment and
  climate change
• The impacts of climate change on
• The Natural Environment
• Agriculture and Food Security
• Women and Children
• Poverty and Inequality
• Gaps in legislation and response
• Recommendations

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Constitutional Framework

• Section 24 of the Constitution states that
  everyone has the right
• to an environment that is not harmful to their
  health or well-being and
• to have the environment protected, for the
  benefit of present and future generations,
  through reasonable legislative and other measures
  that -
• prevent pollution and ecological degradation
• promote conservation and
• secure ecologically sustainable development and
  use of natural resources while promoting
  justifiable economic and social development.
• Section 10 / 11 Everyone has inherent dignity
  and the right to have their dignity respected and
  protected. Everyone has the right to life.
• Section 8 application clause of the Constitution
• Additional provisions in Constitution e.g.
  health, food, water, education

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Environment, Climate Change and Human Rights

• A right to a healthy environment is fundamental
  to the enjoyment of other human rights.
• It is an enabler to the right to life, health and
  human dignity.
• It is essential for the enjoyment of other human
  rights
• Environmental destruction impacts on States
  ability to progressively realise economic and
  social rights and provide basic services.
• It also has a disproportionate impact on socially
  and economically disadvantaged persons or groups,
  exacerbating poverty and inequality, especially
  for those that rely on the earths natural
  resources for survival.
• Environmental rights human rights

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Environment, Climate Change and Human Rights

• There is consensus across the globe that climate
  change is very real.
• Like with other accelerated environmental
  transformations, the poorest of the poor, mainly
  from developing countries will be affected most.
• Climate change threatens to erode human freedoms
  and limit choice. It calls into question the
  Enlightenment Principle that human progress will
  make the future look better than the past.
• Climate change infringement on human rights.

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A South African Context

• South Africa is listed by the UNFCCC as a
  non-Annex 1 country.
• According to the Carbon Dioxide Information
  Analysis Centre, South Africa is the 13th highest
  CO2 emitter in the world.
• South Africa still relies heavily on industry as
  a contributor to the growth of the economy.
• Manufacturing and mining sectors are large energy
  users.
• Complaints to the Commission on mining and
  manufacturing activities and the impacts thereof,
  are common.

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The Natural Environment

• The environment matters in its own right for
  current and for future generations. However,
  vital ecosystems that provide wide ranging
  services will also be lost. The poor, who depend
  most heavily on these services, will bear the
  brunt.
• Communities and individuals around the world rely
  heavily on the natural environment for resources.
• Linkages and the intricate balance of
  relationships ensures regulates the Earths
  systems, which ensures the survival of humankind
• Erratic rainfall will lead to prolonged drought
  periods and ultimately conflict over resources
  and an increase in the number of environmental
  refugees

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Agriculture and Food Security

• Around three in every four people in the world
  living on less than US1 a day reside in rural
  areas. Their livelihoods depend on smallholder
  agriculture, farm employment, or pastoralism. By
  2080, the number of additional people at risk of
  hunger could reach 600 milliontwice the number
  of people living in poverty in sub-Saharan Africa
  today.
• Further reductions in water supply are expected
  in sub-Saharan Africa
• Major losses are expected in agricultural
  production and livestock
• Increased cases of malnutrition, hunger and
  exacerbated situations of poverty.

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Women and Children

• Children will suffer with deteriorating health
  and poor access to healthcare, education, water
  and food, which in turn will lead to
  malnutrition.
• Approximately 175 million children will be
  affected by climate change induced natural
  disasters every year over the next decade.
• Women are the primary producers of staple food
  (subsistence) and rely heavily on natural
  resources, but are not land owners.
• Women will also contribute labour to climate
  change alleviation strategies
• Girls are victims of an unequal distribution of
  family responsibility, and therefore lack
  opportunities to access education
• Climate change will lead to exacerbated
  situations of poverty and inequality.

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Poverty, Inequality the MDGs

• Climate change will undermine all national and
  international efforts to reduce or alleviate
  poverty and inequality
• The consequences of climate change will be felt
  mostly in developing countries, where billions of
  people rely on natural goods and services to meet
  their basic human needs - contributing to
  increased poverty and hunger and exacerbating
  societal inequalities.
• Health care will be affected by a loss of
  medicinal plant species for natural and
  pharmaceutical remedies.

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Poverty, Inequality the MDGs (2)
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Poverty, Inequality the MDGs (3)
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Gaps in Legislation, Policy and Information

• The State has a constitutional obligation to
  progressively realise human rights.
• Currently, there no legislation or policy that
  deals decisively with climate change.
• There are frameworks and strategies that provide
  a conceptual framework and background they do
  not concretised plans.
• A lack of statistics in the energy sector greatly
  compromises efforts to quantify and manage the
  problem.
• Education and training is missing at a local
  level.
• As is a coordinated strategy between government,
  civil society and the private sector.

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Recommendations

• Integration of any climate change strategy with
  environmental, economic and social policies is
  needed - all policies should be designed from a
  human rights and ecological perspective
• Coordination and collaboration is essential.
• As is public participation, access to information
  and education and training.
• Specific commitments to a climate change strategy
  should be made as currently all initiatives are
  not being implemented or are reactive.
• Paradigm shift need to change to focus to a
  renewable energy-state.
• Preparation in the event of a national disaster,
  a national strategy is needed.

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There is a significant gap between current
responses to climate change and approaches that
address the social and ecological challenges
posed by climate change. Current climate change
policy responses do not take into account
multiple and interacting processes of change, the
importance of linking economic and social
policies with climate change policies, or the
linkages between adaptations and human
capabilities, and differing values. While there
are many potential responses to climate change,
and many potential pathways of development,
responses that take into account both equity and
connectivity are more likely to contribute to
human security in the 21st century.