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SOUTH AFRICAN HUMAN RIGHTS
COMMISSION
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Committees on Climate Change
18 November 2009
Yuri Ramkissoon (Senior Researcher: Environment)
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Introduction
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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.
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Environmental portfolio: deals with environmental complaints, education
and training and monitoring that impact in any way with human rights or
the State’s constitutional obligations.
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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
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The Commission’s mandate and ESR monitoring
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The Human Rights and Environment portfolio
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A Constitutional Framework
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The link between human rights, environment and climate change
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The impacts of climate change on:
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The Natural Environment
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Agriculture and Food Security
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Women and Children
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Poverty and Inequality
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Gaps in legislation and response
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Recommendations
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Constitutional Framework
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Section 24 of the Constitution states that everyone has the right –
a)
to an environment that is not harmful to their health or well-being; and
b)
to have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that i.
prevent pollution and ecological degradation;
ii.
promote conservation; and
iii.
secure ecologically sustainable development and use of natural resources
while promoting justifiable economic and social development.
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Section 10 / 11: Everyone has inherent dignity and the right to
have their dignity respected and protected. Everyone has the
right to life.
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Section 8: application clause of the Constitution
Additional provisions in Constitution – e.g. health, food, water,
Environment, Climate Change and
Human Rights
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A right to a healthy environment is fundamental to the enjoyment of
other human rights.
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It is an enabler to the right to life, health and human dignity.
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It is essential for the enjoyment of other human rights
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Environmental destruction impacts on States’ ability to
progressively realise economic and social rights and provide basic
services.
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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 earth’s natural
resources
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for survival.
Environment, Climate Change and
Human Rights
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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.
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“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.”
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Climate change = infringement on human rights.
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A South African Context
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South Africa is listed by the UNFCCC as a non-Annex 1 country.
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According to the Carbon Dioxide Information Analysis Centre,
South Africa is the 13th highest CO2 emitter in the world.
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South Africa still relies heavily on industry as a contributor to the
growth of the economy.
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Manufacturing and mining sectors are large energy users.
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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.”
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Communities and individuals around the world rely heavily on the natural
environment for resources.
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Linkages and the intricate balance of relationships ensures regulates the
Earth’s systems, which ensures the survival of humankind
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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 US$1 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
million—twice the number of people living in poverty in
sub-Saharan Africa today.”
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Further reductions in water supply are expected in sub-
Saharan Africa
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Major losses are expected in agricultural production and
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Women and Children
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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.
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Women are the primary producers of staple food (subsistence) and rely
heavily on natural resources, but are not land owners.
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Women will also contribute labour to climate change alleviation strategies
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Girls are victims of an unequal distribution of family responsibility, and
therefore lack opportunities to access education
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Climate change will lead to exacerbated situations of poverty and inequality.
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Poverty, Inequality & the MDGs
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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.
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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)
MDG
Impact on Achieving Goal from Climate Change
Climate change will impact hardest on the poorest of the poor
in developing countries, compromising all poverty alleviation
strategies and further exacerbating poverty and inequality.
MDG 1: Eradicate Poverty and
Extreme Hunger
MDG 2: Achieve Universal
Primary Education
MDG 3: Promote Gender
Equality and Empower Women
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Drought, flooding and other extreme weather events will
impact heavily on the agricultural sector, thereby reducing the
supply of quality food and compromise all efforts at ensuring
food security.
Compounded poverty in developing nations will prevent
access to education due to a lack of funds and resources,
especially for girls, who are often expected to assist with
family chores.
The impact of climate change will impact more on women
than men, as 70% of the world’s poorest people are women.
Women rely more strongly on nature and natural resources
for the provision of food and services for their families.
Poverty, Inequality & the MDGs (3)
MDG
Impact on Achieving Goal from Climate Change
MDG 4: Reduce Child Mortality
MDG 5: Improve Maternal health
All&efforts
improved healthcare will be compromised by a lack o
MDG 6: Combat HIV, AIDS, Malaria
Other at
Diseases
Additional funds will have to be allocated to curbing the impacts o
Ensuring environmental sustainability will not be possible in the fa
MDG 7: Ensure Environmental Sustainability
All efforts to provide universal access to water and sanitation will
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Gaps in Legislation, Policy and
Information
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The State has a constitutional obligation to progressively realise human
rights.
Currently, there no legislation or policy that deals decisively with climate
change.
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There are frameworks and strategies that provide a conceptual framework
and background – they do not concretised plans.
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A lack of statistics in the energy sector greatly compromises efforts to
quantify and manage the problem.
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Education and training is missing at a local level.
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As is a coordinated strategy between government, civil society and the
private sector.
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Recommendations
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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
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Coordination and collaboration is essential.
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As is public participation, access to information and education and training.
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Specific commitments to a climate change strategy should be made as
currently all initiatives are not being implemented or are reactive.
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Paradigm shift: need to change to focus to a renewable energy-state.
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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.”
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