The UN Special Rapporteur on human rights and climate change Elisa Morgera published her second thematic report on access to information on climate change and human rights, to be presented to the UN General Assembly in October 2024.
Human Level’s Take: Information, information, information. Without information, what can we do? Information forms the foundation for all actions that follow - and if this information is not provided or is wrong, then the resulting actions can’t be taken, or are mis-guided. UN Special Rapporteur on human rights and climate change Elisa Morgera makes clear in her latest report that access to information is not a nice to have: it is a right that is a precondition to be able to protect and exercise all other rights. So she has a lot to say to States in terms of how they can better meet this right and provide information about climate change and its impact on human rights. Of particular relevance is that the report also contains a whole section dedicated to … you guessed it … companies! Companies are expected to provide a full range of information that can help stakeholders better understand how they are seeking to reduce and prevent how their climate impacts impact human rights. This includes detailing climate impacts, sharing information on public resource projects, clarifying lobbying efforts on climate policies, avoiding 'climate-washing,' and demonstrating human rights due diligence regarding climate-related harms. Companies are also urged to refrain from defamation and strategic lawsuits against public participation, ensuring that vulnerable groups and climate activists are protected from retaliation while fighting climate disinformation.
- Importance of access to information: The report clarifies that the right of access to information is a precondition for the protection and exercise of other human rights. This right is part of the right to freedom of expression, and is linked to the right to take part in public affairs as well as the human right to science and the right to education, amongst other rights. Some stakeholders have enhanced rights to information, for instance Indigenous Peoples - so that they can have their right to free, prior and informed consent fulfilled. Of particular note, the report delves into the human right to science and what it means in practice for States. Without information, or with false information, a number of human rights are more likely to be impacted. For instance, the report provides the example of Latin America and the Caribbean where, according to the WMO, gaps in meteorological data in that region are one reason the 2023 climate shocks in the region were so devastating when it comes to casualties and long-lasting impacts on human lives and health. “Overall, insufficient information leads to poor planning and lack of early warning systems, preventing opportunities to build social consensus for a just transition.”
- States’ obligations: The report delves into State obligations in this field, and provides a lengthy list of recommendations that States should consider - both individually, as well as collectively with others. Of particular note, States are asked to provide information on short- and long-term risks and negative impacts of climate change on human rights. They are also asked to provide information on environmental effectiveness and the human rights impacts of mitigation and adaptation plans and activities, climate finance projects, just transition programmes and projects, carbon markets and climate mitigation technology research and deployment. They are called upon to take enhanced measures to ensure access to information for those most affected by climate change and related decision-making (e.g. Indigenous Peoples, peasants and local knowledge holders). They are asked to provide information to workers and trade unions on the types of climate-driven occupational safety and health hazards occurring by sector, as well as on the existence of and compliance with protective legislation on climate change-induced extreme heat. And they are expected to develop and communicate (in coordination with civil society) positive narratives on the contributions of environmental human rights defenders to the protection of human rights in the context of climate change.
- Businesses’ responsibility: The report also has a dedicated section for businesses, and their responsibility when it comes to access to information. Here is the type of information that the UN Special Rapporteur notes companies should be disclosing. First, information on climate impacts in an accessible manner that is sufficient to evaluate the adequacy of companies’ efforts to prevent climate change-related human rights harms. Second, information on projects - for instance, in contracts, concessions, agreements or other documents involving public resources. In particular, companies are called on to ensure effective communication, including translation into local languages and culturally appropriate engagement methods, drawing on external expertise and offering potentially affected communities legal and technical support to understand the project components. Third, companies are expected to disclose how they lobby on climate policies, and to refrain from ‘climate-washing.’ In particular, companies should pay attention to not advancing false or misleading climate solutions and spreading disinformation on climate technologies, and to not downplay their adverse human rights and climate impacts. Geoengineering, and carbon credits, are viewed as particularly concerning. Fourth, companies are expected to conduct adequate human rights due diligence on adverse human rights impacts linked to climate change. Fifth, businesses should refrain from using defamation and strategic lawsuits against public participation, ensuring that groups in vulnerable situations and climate activists are not subjected to any form of retaliation for combating climate disinformation. And sixth, for companies providing digital platforms and information/media services, these companies should refrain from creating or disseminating false or misleading information and take appropriate and proportionate measures to mitigate risks arising from misinformation, disinformation and other forms of information manipulation.
