Special Rapporteur on contemporary forms of racism

Background

The UN Secretary General, António Guterres, recently warned that the earth is on track to become “unlivable” as a result of the escalating effects of the climate crisis.[1] The reality is that the planet is already “unlivable” for a large portion of the world’s population and, although all inhabitants of the earth are vulnerable to the impacts of climate change, some remain more vulnerable than others. The populations of the Global South, together with racially marginalized groups in the Global North, bear the disproportionate burdens of climate change and environmental degradation.[2] Whereas countries of the Global North are responsible for almost half of the world’s greenhouse gas emissions between 1715-2017,[3] it is projected that the Global South will incur 75-80 per cent of the cost of climate change.[4] Estimates suggest that by 2050, climate change could cause the displacement of 140 million people in sub-Saharan Africa, South Asia and Latin America alone.[5] The latest assessment report of the Intergovernmental Panel on Climate Change has recognized that “[v]ulnerability of ecosystems and people to climate change differs substantially among and within regions […], driven by patterns of intersecting socio-economic development, unsustainable ocean and land use, inequity, marginalization, historical and ongoing patterns of inequity such as colonialism, and governance.”[6]

This uneven allocation of the burdens of climate change is not random, but historically and spatially produced.[7] It follows persisting patterns of systemic racial discrimination, inequality and marginalization, which are byproducts of the global history of imperialism, slavery, colonialism and racial capitalism. One of the enduring effects of this history has been the creation of a global economic system which relies on the existence of “sacrifice zones,” expendable geographic locations where the inevitable pollution, waste byproduct and environmental degradation caused by our fossil fuel dependent economy can be dumped or exported to.[8] These zones are populated by people who have also been deemed “expendable” in the prevailing global racial hierarchy: racially marginalized groups such as people of African and Asian descent, indigenous peoples, ethnic minorities, migrants and refugees. These groups are subjected to environmental racism; often living at the frontlines of resource extraction zones and toxic dumping sites, exposed to grave environmental and health hazards. The overconsumption and carbon intensive lifestyles of populations in the Global North has been made possible by the existence of sacrifice zones and the ability to export the biproducts of the carbon economy through transnational chains of exploitative labor, production and waste.[9]

Not only does the distribution of climate harms follow existing patterns of structural inequality, climate change is predicted to exacerbate these inequalities.[10] This has grave implications for racially marginalized groups, such as people of African and Asian descent, indigenous peoples, ethnic minorities, migrants and refugees. As the Durban Declaration and Programme of Action (2001) recognizes, “poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, racial discrimination, xenophobia and related intolerance.” Communities with natural resource-based livelihood systems, particularly indigenous peoples, are especially vulnerable to the effects of climate change. Slow onset climate impacts such as rising temperatures and sea levels, increased flooding and drought, ocean acidification,[11] as well as the increasing frequency of extreme climatic events and “natural disasters”, further exacerbate the vulnerabilities of these communities.[12] Not only do indigenous peoples face increased risks of poverty, food insecurity, displacement and forced migration, but they also the possible loss of cultural heritage and erosion of their right to self-determination.[13]

In 2021, the Human Rights Council recognized the right to a clean, healthy and sustainable environment as a fundamental human right.[14] It also recognized that the impacts of climate change, environmental degradation and the continued exploitation of natural resources constitute a significant threat to the effective enjoyment of this right, alongside other human rights.[15] Several international instruments guarantee other rights which are related to, or rely on, the existence of a healthy environment, such as the right to an adequate standard of living including the right to food,[16] the right to the highest attainable standard of health,[17] and the right to safe and clean drinking water.[18] Although these rights accrue to all people regardless of race, ethnicity, national or social origin, the enjoyment of such rights is shaped by existing patterns of systemic racial discrimination, inequality and marginalization.

The International Convention on the Elimination of Racial Discrimination (ICERD) obliges state parties to pursue the elimination of racial discrimination through all appropriate means and to take measures to ensure the equal enjoyment of human rights and fundamental freedoms.[19] Moreover, the Durban Declaration invites States to consider non-discriminatory measures to provide for a safe and healthy environment for individuals and groups of individuals victims of or subject to racism, racial discrimination, xenophobia and related intolerance, and in particular, to ensure that relevant concerns are taken into account in the public process of decision-making on the environment.[20] Despite this, recognition of the ways in which racial discrimination and inequality shape climate vulnerabilities has remained marginal in international climate and environmental frameworks to date. Current climate change solutions have failed to address the continuing legacies of imperialism, colonialism, racial capitalism, and other historical racial injustices, focusing instead on technocratic solutions managed by experts and the increasing “marketization” of international climate governance. The voices of racially marginalized groups continue to be excluded from or denied access to international climate and environment decision-making processes. There is thus a risk that climate change solutions will replicate the logics of racial discrimination, inequality, and marginalization, leading to what many activists have termed “carbon colonialism.”[21]

Call for Written Submissions

Broad participation enhances the quality and usefulness of human rights reports. For this reason, the Special Rapporteur welcomes submissions from stakeholders who can share experience and knowledge that can inform her report.

The Special Rapporteur hopes to receive submissions from, among other stakeholders, States, social movement actors, civil society organizations, private companies, academics, policy researchers, and other relevant experts. The Special Rapporteur is particularly interested in submissions from communities affected by climate change and environmental racism, civil society organizations and social movement actors engaging with climate and environmental issues, and litigants in climate and environmental lawsuits.

For this report, the Special Rapporteur would especially appreciate submissions that address any of the following:

• Disproportionate impacts of climate change and/or environmental degradation on racially marginalized groups such as people of African and Asian descent, indigenous peoples, ethnic minorities, migrants, and refugees, e.g., extreme weather events, sea level rise, pollution, drought, and climate-related migration.
• Failure of international climate and environmental frameworks to respond to the specific concerns of UNFCCC party groupings, such as Least Developed Countries, Small Island Developing States, and regional groups.
• Exclusion of certain racial, ethnic, or national communities in global climate discourse to date; the lack of representation and structural barriers to participation by these communities in international environmental and/or climate decision-making bodies; or when invited to participate, the relegation of these communities to mere advisory roles.
• Solutions and/or opportunities to improve access to and inclusion in climate- and environment-related decision-making processes for indigenous groups, historically marginalized racial, ethnic and national groups.
• Relationship between environmental degradation and climate change-related harms and other forms of systemic/structural discrimination, for example, racial inequalities in access to housing, access to food, access to clean water and access to healthcare
• Role of historical processes, particularly economic processes, in contributing to climate change and environmental degradation, e.g., extraction of raw materials from former colonies, deforestation arising from colonialism, proliferation of monoculture agricultural practices, forced introduction of trade liberalization in exchange for foreign investment or loans, and the growth of the large-scale tourism economy.
• Experiences of ‘environmental racism’ and communities living in ‘sacrifice zones’ i.e., at the frontlines of resource extraction zones or toxic waste/pollution sites.
• Efficacy of ongoing climate change mitigation strategies, such as agroecology, climate smart agriculture, afforestation and other innovations of the “green economy”.
• Efficacy of existing remedies provided for in the existing international climate change framework, such as the loss and damage framework, nationally determined contributions (NDC’s) and the Green Climate Fund.
• Negative impacts of existing climate mitigation interventions on Indigenous and other racially, ethnically, and nationally marginalized communities, for example, carbon emissions trading, REDD+ program, renewable energy projects and corporate greenwashing.
• Alternative climate change remedies, such as a global compensation scheme, climate reparations, regional migration agreements, introduction of a ‘climate migrant’ immigration status, legally binding agreements, or obligated funding commitments.
• Examples of local or transnational advocacy campaigns/litigation that have been successful in securing fundamental climate and/or environmental commitments from corporations, local or national governments.

[1] United Nations, “Secretary General Warns of Climate Emergency, Calling Intergovernmental Panel’s Report ‘a File of Shame’, While Saying Leaders ‘Are Lying’, Fuelling Flames”, press release, 4 April 2022.

[2] The ten countries most affected by climate change between 2000 and 2019 are all located in the Global South. See GermanWatch, Global Climate Risk Index 2021. Available at https://www.germanwatch.org/en/19777.

[3] Center for Climate and Energy Solutions, “Cumulative Emissions, 1751-2017,” Global Emissions database. Available at https://www.c2es.org/content/international-emissions/.

[4] United Nations Intergovernmental Panel on Climate Change, Special Report on Global Warming of 1.5℃ (United Nations publication, 2018) p. 451.

[5] World Bank, Groundswell: Preparing for Internal Climate Migration (2018).

[6] United Nations Intergovernmental Panel on Climate Change, Sixth Assessment Report: Climate Change 2022 - Impacts, Adaptation and Vulnerability (Switzerland, 2022).

[7] Farhana Sultana, “Critical Climate Justice,” The Geographical Journal, vol. 188, No. 1 (2022), p. 120.

[8] Carmen G. Gonzalez, “Racial capitalism, climate justice and climate displacement,” Oñati Socio-Legal Series, vol. 11, No. 1 (2021), p. 108.

[9] Usha Natarajan and Kishan Khoday, “Locating Nature: Making and Unmaking International Law”, Leiden Journal of International Law, vol. 27, No. 3 (September 2014).

[10] Intergovernmental Panel on Climate Change, Special Report: Global Warming of 1.5°C (2018), p. 451.

[11] Intergovernmental Panel on Climate Change, “Climate change widespread, rapid, and intensifying – IPCC", 9 August 2021.

[12] Intergovernmental Panel on Climate Change, Special Report: Climate Change and Land (2019), p. 347

[13] Ibid.

[14] A/HRC/RES/48/13.

[15] A/HRC/RES/48/14.

[16] Universal Declaration of Human Right, art. 25.

[17] International Covenant on Economic, Social and Cultural Rights, art. 12.

[18] A/RES/64/292.

[19] ICERD, Articles 2(1) & (2).

[20] A/HRC/48/78.

[21] Julie Dehm, “Carbon Colonialism or Climate Justice? Interrogating the International Climate Regime from a TWAIL Perspective”, Windsor Yearbook of Access to Justice, vol. 33 (2016), p. 129.