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Draft Petition on Climate change: for Compliance and Enforcement of State Obligations and Commitments
Posted by: joan.Russow on http://PEJ.org Thursday, August 23, 2007 - 07:26 AM
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Draft Petition on Climate Change: for Compliance and Enforcement of State Obligations and Commitments PEJ news - Compiled Joan Russow, Richard Levicki and Deborah AndrewsIn 1988, scientists, politicians and members of non Government organizations (NGOs) met at the Changing Atmosphere Conference in Toronto to address the issue of climate change and warned that: "Humanity is conducting an unintended, uncontrolled, globally pervasive experiment whose ultimate consequence could be second only to a global nuclear war. The Earth's atmosphere is being changed at an unprecedented rate by pollutants resulting from wasteful fossil fuel use ... These changes represent a major threat to international security and are already having harmful consequences over many parts of the globe.... it is imperative to act now". www.PEJ.org
Climate Change: Draft Petition for Compliance and Enforcement of State
Obligations and Commitments
Compiled by Joan Russow, Richard Levicki and Deborah Andrews
In 1988, scientists, politicians and members of non-government organizations
(NGOs) met at the Changing Atmosphere Conference in Toronto to address the
issue of climate change and warned that: "Humanity is conducting an
unintended, uncontrolled, globally pervasive experiment whose ultimate
consequence could be second only to a global nuclear war. The Earth's
atmosphere is being changed at an unprecedented rate by pollutants resulting from wasteful fossil fuel use ... These changes represent a major threat to international security and are already having harmful consequences over many parts of the globe.... it is imperative to act now."
In the Conference Statement from the 1988 Conference, the participants,
scientists, government representatives, industry, other organizations
for: "the stabilizing of the atmospheric concentrations of CO2 is an
imperative goal. It is currently estimated to require reductions of more
than 50% from present [1988] emission levels. Energy research and
development budgets must be massively directed to energy options which would
eliminate or greatly reduce CO2 emissions and to studies undertaken to
further refine the target reductions.
(1). For years, member states of the United Nations have been warned about
climate change and have been incurring obligations and making commitments related to climate change through a range of Conventions, Conference Action
Plans and General Assembly Resolutions. The time for procrastination has
long since passed.
(2). Becoming more and more aware of the dangers related to climate change, legal instruments already in place have become more relevant to policy decision-making, for example the provision under the Charter of the United Nations to seek an advisory opinion from the International Court of Justice (ICJ) on the impact of climate change on international peace and security, to launch cases against the egregious greenhouse gas-producing states that are signatories of the UN Convention on Climate Change, to invoke Environment section of the ICJ. In addition, the ICJ to investigate (i)
failure on the part of the IAEA the so-called "nuclear
watchdog" - to acknowledge the inextricable link between nuclear energy and<
the development of nuclear arms (ii) the questionable role of the IAEA in
promoting nuclear energy as the solution to climate change.
(3). Commemorating the Fifteenth Anniversary of the United Nations
Conference on Environment and Development, and subsequent relevant
conferences.
(4). Concurring with the Intergovernmental Panel on and in the Framework Convention on Climate Change.
(5). The Climate Change Convention came into force in the spring of 1994.
Under the Convention, the signatories of the Convention were bound to invoke
the precautionary principle which affirmed that Âłgovernments should take
precautionary measures to anticipate, prevent, or minimize the causes of
climate change and mitigate its adverse effects. Where there is the threat
of serious or irreversible damage, lack of full scientific certainty should
not be used as a reason for postponing measures to prevent the threat."
(6). Adaptation to climate change should not be used to justify inaction in
preventing and mitigating its effects.
(7). Aware that while the threat of climate change has been obvious for
decades, policy makers in governments and the private sector including
military establishment, as the major contributors to greenhouse gas
emissions, have refused to address the urgency of the crisis. Largely
coerced into this position by industry, industry front-groups,
industry-funded academics and industry controlled states, they have not only
failed to address the urgency of the crisis through enacting effective
legislation, they have also failed to even consider the sufficient resources
that will be required to protect the poor and most vulnerable from the
current and future impacts of climate change. In addition, they have failed
to consider the need to assist low-lying states and small island developing
states that have already been impacted by climate change, and to compensate the global displacement of people resulting from climate change.
(8). Acknowledging the importance of the 1992 UN Conference on Environment
and Development (UNCED), and the Framework Convention on Climate Change
which was signed and ratified by most Member States of the United Nations,
including many who have not ratified the Kyoto Protocol, and which called
for the reduction of greenhouse gas emissions and the preservation of carbon
sinks such as old-growth forests and bogs, with a final objective of
stabilizing emissions to prevent dangerous anthropogenic interference within
mandatory time frames.
(9). Noting that the General Assembly Resolution A/RES/47/191 states that
the Commission on Sustainable Development (CSD) should ensure effective
follow-up to Agenda 21, and other UNCED obligations and commitments; and
concurring with the commitment made under Chapter 9, the section on
Atmosphere in Agenda 21, calling for environmentally sound renewable energy:
"New and renewable energy sources are solar thermal, solar photovoltaic,
wind, hydro, biomass, geothermal, ocean, animal and human power, as referred
to in the reports of the Committee on the Development and Utilization of New
and Renewable Sources of Energy, prepared specifically for the Conference
(see A/CONF.151/PC/119 and A/AC.218/1992/5)²;
(10). And concerned that the CSD failed in this role in its current format
as shown by the failure of negotiations at CSD15, especially to produce a
negotiated outcome on climate change and other issues;
(11). Concurring with the fundamental principle enunciated throughout UN
documents: of the right of future generations to their ecological heritage
and a safe environment and specifically the obligation enunciated in the
Framework Convention on Climate Change "to protect the climate system for
present and future generations.²
(12). Recalling the commitment made to reduce the ecological footprint,
(Habitat II) and to move away from the over-consumptive pattern of
development (Agenda 21) and to respect the inherent worth of nature beyond
human purpose (World Charter of Nature).
(13) Recalling also the commitment made in the 1995, Platform of Action, UN
Convention on Women: Equality, Development and Peace, to ensure that "all
corporations including transnational corporations, comply with national laws
and codes, social security regulations, applicable international agreements,
instruments and conventions, including those related to the environment, and
other relevant laws and international environmental law." (Section 167);
(14). Noting the importance of implementing the commitment made in Agenda
21, to the "the reallocation of resources presently committed to military
purposes" (33.18 e); and urge part of the peace dividend to be transferred
to the development of environmentally safe and sound alternative energy. and
to the instituting of the "fair and just transition principle" for affected
workers and communities; we urge all members of society and institutions to
invest in socially
equitable and environmentally safe and sound energy. that will reduce
greenhouse gas emissions;
(15). Deeply concerned that foreign refusal to supply fossil fuel for
consumption could be deemed to violate "strategic national interest" and
result in military intervention;
(16). Concerned that solutions proposed to address the issue of climate
change would have in themselves serious irreversible consequences, such as
those arising out of the use of genetically engineering technology, about
biofuels, as they impact land, water use and food security. Similarly, we
have grave reservations about nuclear energy being proposed as a solution to
climate change because (although promulgated as "safe, clean, and cheap,
there is clear and valid scientific evidence of its inherent dangers: lack
of safety (emissions into both air and ground water), security-linked
issues, unresolved (and likely unresolvable) waste disposal problems and
finally, its inextricable link with the development of nuclear arms.
(17). Reaffirming that ÂłWarfare is inherently destructive of sustainable
development" (Rio Declarations. Principle 24, UNCED, 1992), and that there
must be rigorous adherence to and enforcement of the [1978] Convention on
the Prohibition of Military of Any Other Hostile Use of Environmental
Modification Techniques (ENMOD);
(18). Concurring with the fundamental principle of intergenerational equity
[and] the rights of future generations to their cultural, natural heritage
and to a safe environment and affirming the obligation in the Framework
Convention on Climate Change "to protect the climate system for present and
future generations."
(19). Taking into account the principle of common but differentiated
responsibility and accepting that developing countries have adopted
Principle 3 of the Rio Declaration (1992) that "The right to development
must be fulfilled so as to equitably meet developmental and environmental
needs of present and future generations." Industrialized nations must work
cooperatively, and in the best interests of those nations and peoples with
the least resources to support those nations in developing strategies for
addressing the potential impact of climate change as well as strategies for
conservation and the development of alternative sources of energies uniquely
suited to their circumstances." The impact on the world's poor must be given
the highest priority.
Towards this end, emission targets and time frames should be linked to per
capita allowances, taking into account the concept of common but
differentiated responsibilities and that population growth is related to per
capita emissions policies, most importantly since 1992.
(20). "We recommend that the Commission on Sustainable Development, in light
of the failure in negotiations of CSD15 to produce a negotiated outcome on
climate change and other issues, be upgraded to a Council, that would be
able to convene at any time to deal with new or emerging environmental
threats. This Council should be based in Switzerland and governments must
send mandated experts to negotiate real solutions to the issues.
(21). We recommend that UNEP be upgraded to the status of an agency." and be
given the mandate to inform states of relevant precedents during negotiating
processes so as to ensure compliance with previous obligations incurred and
commitments made.
(22). We demand that rather than descending to the lowest common denominator
in assessing climate targets in all international negotiating arenas, the
strongest percentage target advocated to best address the crisis be adopted.
Based on current knowledge, we demand a (minimum) well below (of a) 2°C and
400ppm CO2-equivalent emission target within adequate time frames, and a
phase-out to at least 90% of 1990 levels by 2050, taking into account the
precautionary principle, just and fair transition and the concept of common
but differentiated responsibility. Emissions should peak by the latest in
2015 and there should be an intermediate target in 2020 of at least 50%
below 1990 levels and a long range target in 2050 of at least 90% below 1990 levels.This requires immediate and extreme changes in lifestyle
for the worldÂąs population.And affirm that nuclear and biofuels are absolutely not considered in any way to be an option to this end, and carbon capture, both underground
and through tree planting, so-called clean fossil fuels and large-scale
hydroelectric sources should also not be seen as an option to this end.
(23). We warn all governments and their politicians that failure to take
actions aiming for these targets may in medium to poor case scenarios be
seen as a crime against humanity and a breach of a range of UN legal
instruments and in direct contravention of all laws requiring nation states
to respect and avoid carrying out actions that are a threat to life
environmental justice and equity, peace and security. For this reason we
also ask that the UN General Assembly take on the issue and demand
agreement, and that major greenhouse gas-producing states be forced to
implement actions that discharge obligations made on ratifying UNFCCC. In
addition, historic emissions should be considered and evaluated and that
refusal to take action since the coming into force of the UNFCCC should be
considered and evaluated, and that refusal to take action since 1993 must be
deemed relevant to the assessment of a state's dereliction of duty.
(24). We recommend that the follow-up to the Kyoto Protocol or any other
policy agreement/legal instrument directed towards reducing climate
change-related emission should move towards an equitable international
system that does not prejudice the worldÂąs poor or politically
disadvantaged. Towards this end, emission targets and time frames should be
linked to per capita allowances, taking into account the concept of common
but differentiated responsibilities and that population growth is related to
per capita emissions policies, most importantly since 1992.
(25). We urge all states to have a time-bound phasing out of subsidies for
fossil fuel and nuclear energy, and a time- bound commitment to
conservation, and to subsidizing and investing in socially equitable and
environmentally safe and sound alternative energy options, especially
renewables, that will reduce greenhouse gas emissions. We oppose the
advocating of nuclear energy as a solution to climate change no proposed
course of action should either continue or exacerbate global warming and
climate change.
(26.) We advocate that to achieve UNFCCC commitment it is imperative that
governments and international organizations adopt, at the national level,
policies leading to timetables for progressively disclosing and phasing out
energy subsidies which inhibit sustainable development The dominant
greenhouse gas-producing states should be compelled to
finance an international fund for sustainable energy that would support
energy conservation and sustainable forms of renewable energy projects in
low income areas of developing countries and economies in transition, as
well as monitor the disclosure and phasing out of subsidies given to fossil fuel, nuclear and biofuel industriesIn
addition, the exploitation of human and natural resources by developed
states in developing states and states in transition has undermined the
ability of the latter states to address the impact of climate change.
(27). We call for the dominant greenhouse gas-producing states and their
'overseas' operations (military and corporate) should be assessed a fine,
commensurate with the pollution they are inflicting on the world. That this
fine be established to occur on a monthly basis, and be reduced in a
percentage equal to the percentage of the reduction of pollution achieved.
(The current rate of pollution to be tabulated as "100% of the current rate
of pollution²). This would draw dramatic attention to two elements: the
egregious use of military force and occupation and its enormous contribution
to waste and pollution of the soil, the air, the water not to mention
migration, dislocation, destruction of societies, property and antiquities.
(28). We call for bold action to be taken immediately to effectively address
the crisis, and affirm that climate change represents a direct threat to our
future and common efforts to achieve the implementation of the MDGs,
including long-term food security, provision of clean water and sanitation,
clean air and to ensure that environmentally sound development is also
socially equitable and sustainable. Climate change is a direct threat to
social peace and security, global economic stability, equality,
environmentally sound development, poverty reduction, the prevention of
disease and food security.
(29). We call upon States to implement the commitment made in Agenda 21 to
"the reallocation of resources committed to military purposes" (33.18), and
to transfer the peace dividend to seriously address the urgent issue of
climate change.
(30). We recommend that the Commission on Sustainable Development be
upgraded to a Council with appropriate political power, that would be able
to convene at any time to develop and implement solutions intended to
address unresolved extreme environmental as well as new or emerging issues,
and we would propose the setting up of an International Court of Compliance,
linked to the ICJ, where citizens could take cases of state and corporate
non-compliance.
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