1.3 Within the framework of the principle of common but differentiated responsibilities and respective capacities, States may not use the condition of their available means and capacities as an excuse to unduly postpone, or be exempt altogether, from the obligation to adopt all the measures necessary to combat the climate crisis. [...] Consider flexible and relevant evidentiary regimes, such as the 4.5 reversal of the burden of proof, for the accreditation of climate damages, including through the consideration of the ancestral and traditional knowledge of the affected communities. [...] States have the obligation to protect and facilitate the work of those who defend the environment and territories in the context of the climate emergency and the energy transition. [...] Given the general obligation of States to protect human rights and the principle that "the polluter pays," States must adopt measures to ensure that fossil fuel and agro-industrial companies contribute to the costs of mitigation and adaptation, and reparation for human rights violations related to climate change. [...] It is incumbent on States to take the necessary regulatory measures, as well as to undertake the appropriate diplomatic activities, to demand payment of damages from the States that contribute the most to the deepening of the climate crisis.
Authors
- Pages
- 21
- Published in
- Switzerland
Table of Contents
- The obligation to protect and guarantee human rights including the right to a healthy environment with the derivative right to a stable and safe climate is of an erga omnes nature. 2
- States must urgently transition their economies away from fossil fuels. This also entails the adoption of diverse clean and efficient energy matrices. In this regard 4
- States must guarantee access to information and participation in climate matters including the energy transition. 5
- States must take all necessary measures to guarantee access to climate justice. 5
- States have the obligation to protect and facilitate the work of those who defend the environment and territories in the context of the climate emergency and the energy transition. 6
- States must guarantee the right to self-determination of 8
- Indigenous and tribal peoples by obtaining their consent on climate matters. 8
- States must guarantee the right to reparation for climate loss and damage. 8
- Promptly and with priority comply with legal judgments with climate implications. 10
- Individual signatures 11
- Individual signatures 12
- Communities and People Signatures 13
- Communities and People Signatures 14
- Signatures of civil society organizations 15
- Signatures of civil society organizations 16
