Draft report: The effects of climate change on human rights and the role
of environmental defenders on this matter (2020/2134(INI))
Rapporteur: María Soraya Rodríguez Ramos
COMPROMISE AMENDMENTS
Version 01/03/2021
NB: (S&D, M. Arena + ) refers to Maria Arena, Dietmar Köster, Raphaël Glucksmann,
Isabel Santos, Bettina Vollath, Nacho Sánchez Amor, Giuliano Pisapia.
COMPROMISE 1
Paragraph 1
Covers AM 79 (Greens, H. Neumann), AM 80 (GUE, M. Matias), AM 81 (EPP, G.
Hölvényi), AM 83 (S&D, M. Arena +), AM 84 (EPP, D. Lega), AM 109 (EPP, J.
Ochojska)
Falls: AM 82 (ECR, K. Karski), AM 93 (ECR, H.Tertsch)
1. Stresses that
the enjoyment, protection and promotion of human rights
rooted in
human dignity (AM 81 EPP)
, and a healthy
and sustainable (AM 83 S&D) planet are
mutually dependent
interdependent (AM 80 GUE, AMD 84 EPP, Rapporteur); calls for
on (AM 83 S&D) the EU and its Member States to act as a credible and reliable partner
on the global stage through the adoption, strengthening and implementation of legislation
aligned with a comprehensive human rights-based approach to climate action (HRBA),
to guide
and ensure that policies and measures of climate change mitigation and
adaptation while protecting the rights of all
are adequate, sufficiently ambitious, non-
discriminatory and compliant with fundamental human rights obligations;
notes that
principles and standards derived from international human rights law should guide all
policies and programming related to climate change, and at all stages of the process
(AM 79 Greens)
; call on the EU and its Member States to encourage non-EU States
(AM 80 GUE)
, companies and local government authorities (AM 109 EPP)
to
implement and adopt solutions and measures that will contribute to the protection of
the environment and address the consequences of climate change (AM 80 GUE)
;
COMPROMISE 2
Paragraph 1 a (new)
Covers AM 85 (Greens, H. Neumann) AM 88 (Renew, U. Paet), AM 113 (Renew, U.
Paet) and AM 115 (Renew, U.Paet)
Falls: AM 87 (ECR, H.Tertsch)
1a.
Calls on the Union and its Member States to strengthen the linkage between
human rights and the environment throughout their external action as well as to assist
and support international, regional and local human rights mechanisms to address
1
environmental challenges, notably (AM 85 Greens)
the impact of (Rapporteur)
climate
change (AM 85 Greens)
on the full enjoyment of human rights (AM Rapporteur)
; calls
on the Commission to ensure the integration of the issues of climate change and human
rights within all relevant EU policies and to ensure the coherence of these policies
(AMs 88 RE + 115 RE);
notes the importance to support activities that raise awareness
of human rights impacts caused by climate change, environmental degradation, and
biodiversity loss (AM, 85 Greens, AM 113 RE);
calls also on the Union to support and
strengthen collaboration with third countries to integrate a human rights based
approach in environmental laws and policies (AM 85 Greens)
;
COMPROMISE 3
Paragraph 1 b (new)
Covers AM 61 (N/A F. Castaldo), AM 89 (EPP J. Ochojska), AM 128 (N/A F. Castaldo)
1b.
Stresses that water scarcity as one of the consequences of climate change is
affecting many people around the world (AM 89 EPP)
; calls EU and its Member States
to address water scarcity as a key priority of its legislative and policy agenda; notes that
the mismanagement of land and natural resources is contributing to new conflicts and
obstructing the peaceful resolution of existing ones (AM 61 and 128 Castaldo)
; recalls
that increasing competition over diminishing resources, is on the rise and it is further
aggravated by environmental degradation, population growth and climate change (AM
128 Castaldo)
;
COMPROMISE 4
Paragraph 2
Covers AM 91 (EPP G. Hölvényi) AM 92 (GUE, M. Matias)
Falls: AM 90 (ID)
2.
Recalls the
legal obligation to respect the legal recognition of the right to a safe,
clean, healthy and sustainable environment
that is among others a condition for
sustainable economic activities which contribute to the well-being and the livelihoods
of individuals and communities (AM 91 EPP); recalls that international human rights
law provides legal remedies to redress the damage caused by climate change
and to
individuals, indigenous communities, and environmental human rights defenders,
implement measures to combat climate change and hold states
, and businesses
and
individuals accountable for their activities which impact climate change and human
rights; in this respect, calls on the EU to make the fight against impunity one of its key
priorities
by creating instruments which allows for a full, effective and sustained
implementation of human rights and environmental laws and its enforcement (AM 92
GUE);
COMPROMISE 5
Paragraph 4
2
Covers AM 95 (Greens, H. Neumann) and AM 96 (GUE, M. Matias)
Falls: AM 94 (EPP, G. Hölvényi)
4.
Supports the mandate of the UN Special Rapporteur on Human Rights and the
Environment to push for global recognition that every human being has
of the right to
live in a safe, clean, healthy and sustainable environment
as a human right (AM 96
GUE);
calls on the Union and the Member States to support, at the next UN General
Assembly, the global recognition of this right (AM 95 Greens)
; considers that this
recognition should serve as a catalyst for stronger environmental policies and improved
law enforcement, public participation in environmental decision-making, access to
information and justice and better outcomes for people and planet;
COMPROMISE 6
(This COMP should be read in conjunction with the amended citation 14)
Paragraph 5
Covers AM 97 (ECR. K Karski), AM 98 (EPP. G. Hölvéyi) AM 99 (EPP D. Lega)
5.
Urges the Commission to establish a horizontal monitoring programme on
continue to monitor the situation of (AM 97 ECR and AM 99 EPP) human rights and
climate change in order
and to assess the progress in integrating and mainstreaming
human rights into all aspects of climate action at domestic and international level in close
cooperation with the UN Human Rights Council / UN High Commissioner on Human
Rights; calls for the Union, in this regard,
to take action (AM 98 EPP) to introduce the
right to a safe and healthy environment in the Charter of Fundamental Rights of the EU
and to fully comply with Article 37 (AM 98 EPP);
stresses in this regard the importance
of close cooperation with States and all relevant institutional actors involved in
ensuring the proper implementation of human rights and environmental provisions
(AM 97 ECR)
;
Citation 14
- having regard to the Charter of Fundamental Rights of the European Union
and its
article 37 of which commits the EU to integrate a high level of environmental protection
and the improvement of the quality of the environment into its policies,
COMPROMISE 7
Paragraph 7
Covers AM 103 (EPP, D. Lega), AM 104 (Greens, H. Neumann)
Falls: AM 100 (ID, Rivière), AM 101 (PPE, G. Hölvéyi), AM 102 (ECR, Karski), AM
105 (GUE, M. Matias)
7. Encourages the EU and the Member States to take a bold initiative
with the active
support of the EU Special Representative for Human Rights (AM 104 Greens)
to fight
the impunity of environmental crimes at global level (AM 103 EPP)
and to pave the
way within the International Criminal Court (ICC) towards new negotiations between the
3
parties with a view to recognising ‘ecocide’ as an international crime under the Rome
Statute;
calls on the Commission and the EU VP/HR to establish a programme to build
the capacity of national jurisdictions of Member States in these fields (AM 104 Greens)
;
COMPROMISE 8
Paragraph 8
Covers AM 107 (Greens, H. Neumann), AM 108 (ECR, K. Karski) and AM 113 (RE, U. Paet)
Falls: AM 106 (ID)
8. Calls on the Union and its Member States to deeply
regularly assess how the external
dimension of the European Green Deal can best contribute to a holistic and human rights-
based approach
with regards (AM 108 ECR) to climate action and to stopping (AM 108
ECR) biodiversity loss; calls for the EU to leverage the broad range of external policies,
tools and political and financial instruments at its disposal to implement it
the European
Green Deal; calls for the EU to revise
review its climate finance mechanisms
and propose
to amend them where appropriate (AM 108 ECR) in order to ensure full respect for
human rights and to establish strong safeguards for this purpose;
calls for the
establishment of climate focal points within the relevant services of the Commission
and the European External Action Service, which would inter alia ensure the climate-
proofing of all EU external dealings (AM 107 Greens)
; calls for transparent and
informative communication on these issues in EU development cooperation
programmes with third countries (AM 113 RE)
;
COMPROMISE 9
Paragraph 9
Covers AM 110 (Greens, H. Neumann), AM 112 (S&D, M. Arena +) AM 129 (Greens,
H. Neumann)
Falls: AM 111 (ECR, K.Karski)
9.
Calls on the Commission to increase financial and technical assistance and
capacity building activities to support third countries with the integration of human rights
in their national climate actions and programmes
and with the compliance with
international environmental regulations (AM 129 Greens)
to ensure that climate
change objectives does not interfere with the exercise of human rights in those
countries (AM 112 S&D);
notes the interinstitutional agreement reached on the NDICI
instrument that 30% of the funding will support climate and environment objectives;
recalls its position that at least 45 % of the funding from the proposed 2021-2027
Neighbourhood, Development and International Cooperation Instrument (NDICI) should
support climate and environment objectives;
insists that all activities of European
Financial Institutions, notably the European Investment Bank and the European Bank
for Reconstruction and Development, in third countries, are consistent with the EU’s
climate commitments and follow a HRBA in their external dealings; calls for the
reinforcement and deepening of their respective complaint mechanisms1 for individual
1 Independent Project Accountability Mechanism from the European Bank for Reconstruction and
Development and the Complaints Mechanism of the European Investment Bank Group.
4
or groups whose rights would have been violated by such activities and could be eligible
for remedies (AM 110 Greens, Rapporteur)
;
COMPROMISE 10
Paragraph 11
Covers AM 118 1st part (EPP, G. Hölvényi), AM 120 (S&D, M. Arena+), AM 124 (EPP,
J. Ochojska), AM 123 (Greens, H. Neumann)
Falls: AM 116 (ECR, K.Karski), 117 (GUE, M.Matias), AM 119 (EPP, D. Lega)
11.
Acknowledges the impact of the nexus of climate change, environmental
degradation and
natural (AM 120 S&D) disasters on
as drivers for (AM 118 EPP)
migration and
climate-induced displacement and regrets the lack of human rights
safeguards and specific protections for environmentally displaced people
protection at
international level
for individuals suffering from the negative impact thereof;
considers
that such displacement should be addressed at international level (AM 118 EPP)
; calls
on the Commission and the Member States to cooperate in the development of an
international mechanism
framework for addressing climate-induced displacement and
migration
both at international forums and to address climate-induced displacement in
related fields of
in the EU’s external action;
encourages Commission and EU Member
States to work together on increasing its support to resilience measures in regions
prone to the detrimental effects of climate change (AM 118 EPP 1st part)
and support
people who are displaced due to the climate change and are no longer able to live in
their places of residence (AM 124, EPP)
; underlines that the UN Human Rights
Committee has ruled that States must take into account the human rights impacts
caused by the climate crisis in the country of origin when considering deportation of
asylum seekers (AM 123 Greens)
; welcomes the inclusion of climate-induced migration
and displacement in the Cancun Adaptation Framework (AM 120 S&D)
; insists on
gender-based participation in fulfilling the rights of all individuals, notably those most
vulnerable to the negative impacts of climate change such women, children, afro-
descendent and indigenous communities, individuals subjected to discrimination, and
persons often living in poor and remote areas;
COMPROMISE 11
Paragraph 11 a (new)
Covers AM 121 (GUE, M. Matias), AM 122 (S&D, M. Arena+), AM 118 2nd part (EPP,
G. Hölvényi)
11a.
Insists on fulfilling the rights of all individuals (AM 121 GUE)
without any
discrimination based on the place they live in or social condition (AM 118 2nd part
EPP, AM 122 S&D in the meaning),
notably those most vulnerable to the negative
impacts of climate change (AM 121 GUE)
; stresses the importance to ensure and
facilitate public participation of such vulnerable groups in decision that affect their
livelihood (AM 122 S&D)
;
5
COMPROMISE 12
Paragraph 13
Covers AM 133 (Greens, H. Neumann) and AM 134 (EPP, D. Lega)
Falls: AM 132 (ECR, Karski)
13.
Stresses that the global COVID-19 pandemic perfectly illustrates the impact of
environmental degradation in creating the conditions for an increase of zoonosis with
severe health, social, economic and political consequences; calls on the Commission and
EU Member States to commit to putting
include (AM 134 EPP) environmental rights,
and those who protect them, at the centre of
in any response to the COVID-19 pandemic;
encourages Member States and other stakeholders to take account of the Commission’s
Global Monitor of COVID-19’s impact on democracy and human rights (AM 133
Greens)
;
COMPROMISE 13
Paragraph 17
Covers AM 143 (GUE, M. Matias), AM 144 (EPP, J. Ochojska), AM 146 (RE, U. Paet),
AM 178 (Greens, H. Neumann)
17.
Recalls the obligation on states to protect environmental defenders
and their
families against (AM 144 EPP) from harassment, intimidation and violence, as enshrined
in human rights law, as well as to guarantee their fundamental freedoms, and their
obligation to recognise the rights of indigenous populations
peoples and local
communities, and to acknowledge their contribution
contributions, experiences and
knowledge (AM 143 GUE, AM 146 RE) to the fight against biodiversity loss and
environmental degradation;
underlines their specific role and expertise in land
management and preservation (AM 143 GUE)
and calls for increased cooperation with
and inclusion of indigenous peoples as well as to strive for the strengthening of their
democratic participation in relevant decision making process (AM 146 RE)
including
the ones on international climate diplomacy; welcomes the efforts of the Commission
to support the participation of indigenous peoples through its (AM 178 Greens)
specific
support to several projects such as DOCIP (AM
178 Greens)
; encourages the
Commission to continue to promote dialogue and collaboration between indigenous
peoples and the European Union as well as with international fora, notably in relation
to climate change (AM 178 Greens)
;
COMPROMISE 14
Paragraph 19
Covers AM 148 (EPP, D. Lega), AM 149 (Greens, H. Neumann), AM 150 (GUE, M.
Matias), 158 Greens, H. Neumann)
19.
Calls on the EU and its Member States to support all human rights defenders,
notably environmental rights defenders and their legal representatives (AM 149
Greens)
as well as to raise their cases when necessary; is convinced that support to
6
environmental rights defenders should be increased and that any reprisal or attack
against them by corporate or state actors should be condemned by the EU through
public statements and local demarches when appropriate (AM 158 Greens)
; reiterates
its position on the need for the EEAS, the Commission and the Member States to invest
in and strengthen specific
gender-responsive accessible protection mechanisms and
programmes for environmental human rights defenders, and to promote and facilitate
access to protection mechanisms for local and indigenous defenders
and to involve them
in any investigations into these violations (AM 150 GUE);
COMPROMISE 15
Paragraph 20
Coves AM 151 (Greens, H. Neumann), AM 152 (S&D, M. Arena +), AM 153 (EPP, D. Lega)
20.
Calls on the EU and the Member States to request and ensure that the right to free,
prior,
and informed and binding consultation and consent with
of indigenous peoples is
respected, without coercion, in any agreement or development projects that may affect
the lands, territories or natural assets of indigenous peoples; stresses that the promotion
of the rights of indigenous peoples and their traditional practices are key
important (AM
153 EPP) to achieving sustainable development, combating climate change and
conserving
preserving and restoring (AM 152 S&D) biodiversity
, whilst also assuring
adequate safeguards (AM 151 Greens);
COMPROMISE 16
Paragraph 22 a (new) and 22 b (new)
Covers AM 145 (S&D, Sanchez Amor), AM 156 (Greens, H. Neumann), AM 158
(Greens, H. Neumann)
22a.
Calls on the Commission and the Council to use all instruments at their
disposal, along with the provisions concerning the implementation and enforcement of
human rights in the framework of EU’s foreign policy and Association Agreements, to
effectively support and protect human and environmental rights defenders in EU’s
neighbourhood, as well as with EU candidate countries to effectively converge with
European values and standards (AM 145 S&D)
;
22b. Calls for the adoption of an annex to the EU Guidelines on Human Rights
Defenders, dedicated to the specific challenges and needs of environmental defenders
and EU policy in this regard (AM 156 Greens)
; stresses the importance to ensure the
continuation of ProtectDefenders.eu project at increased levels of funding as well as of
other existing EU tools for supporting human rights defenders (AM 158 Greens)
;
COMPROMISE 17
Paragraph 25
Covers AM 164 (S&D, M. Arena+), AM 166 (Greens, H. Neumann)
7
25.
Urges the parties to the UNFCCC to continue increasing their mitigation and
adaptation ambition
in line with the objectives of the Paris Agreement (AM 164 S&D)
and to integrate the human rights dimension in their NDCs and in their adaptation
communication; calls on the secretariat of the UNFCCC to develop guidelines on how to
integrate human rights protections into climate policy
nationally determined
contribution and adaptation communication (AM 164 S&D) in collaboration with the
UN High Commissioner on Human Rights;
encourages (AM RE)
the parties to revise
Intended Nationally Determined Contributions (INDCs) and Nationally Determined
Contributions (NDCs) and to develop monitoring mechanisms for NDCs, with the full
and effective participation of Indigenous Peoples (AM 166 Greens)
;
COMPROMISE 18
Paragraph 26
Covers AM 167 (S&D, M. Arena +), AM 168 (ECR, K. Karski)
26.
Urges the EU’s institutions to play an active and ambitious role
actively cooperate
(AM 168 ECR) in the promotion of a human rights approach in the ongoing international
climate negotiations, notably in the Sustainable Development Mechanism
(SDM) and
other guidelines for mechanisms under Article 6, paragraph 4 of the Paris Agreement,
that ensure meaningful and informed participation of rights-holders, adequate
environmental and social safeguards, and independent redress mechanisms;
stresses that
the SDM should aim to finance projects that benefit those most vulnerable to the
impacts of climate change, that projects financed under the SDM should undergo a
human rights impact assessment with only projects with positive impacts being eligible
for registration (AM 167 S&D)
;
COMPROMISE 19
Paragraph 29
Covers AM 172 (S&D, M. Arena +) and AM 173 (Greens, H. Neumann)
29.
Stresses that the Global Stocktake referred to in Article 14 of the Paris Agreement
should be used to review progress towards the integration of human rights and other
principles into climate action;
notes that it should include opportunities for civil society
and intergovernmental organizations to provide their input (AM 173 Greens)
;
considers that the implementation assessment of the Paris Agreement should help to
identify good practices and barriers to its implementation, and inform future NDCs and
international cooperation (AM 172 S&D)
;
COMPROMISE 20
Paragraph 32
Covers AM 179 (GUE, Matias), AM 180 (EPP, G.Hölvényi)
8
32.
Acknowledges the active role and involvement of civil society,
including (AM
180 EPP, Rapporteur) non-governmental organisations and environmental defenders in
advocating for human rights-based approaches to climate action
and calls on the support
of such activities by the EU (AM 179 GUE); stresses the need to guarantee civil society
participation in the transparency framework laid out in Article 13 of the Paris Agreement;
COMPROMISE 21
Paragraph 33 a (new)
Covers AM 184 (EPP, Millan Mon, G.Mato) AM 186 (Renew, M. Rodriguez Ramos, P.
Auštrevičius)
33a.
Encourages the Commission and the Member States to be active players in the
design, establishment and promotion of safeguards and accountability processes within
the internationally recognised bodies to ensure (AM 186 RE)
that the structural changes
made in order to achieve the drastic reduction cut in emissions by 2030 (AM 184 EPP)
as foreseen by climate policies are designed, implemented and monitored in a manner
that protects the rights of affected people and communities (AM 186 RE)
including the
right to work and to promote fair and equitable working conditions; emphasises that the
green transition should be fair and leave no one behind (AM 184 EPP);
COMPROMISE 22
Paragraph 34
Covers AM 181 (EPP, G. Hölvényi), AM 182 (S&D, M. Arena+), AM 185 (S&D, M.
Arena+), AM 187 (EPP J. Ochojska)
Falls: AM 183 (ECR, K. Karski)
34.
Stresses the importance of corporate due diligence and sustainable and
accountable corporate accountability as significant and indispensable means to
prevent and protect against severe human rights and environmental violations (AMs
181 EPP, AM 182 S&D in meaning AM 187 EPP)
; calls on the EU to support
sustainable
(AM 185 S&D)
and accountable corporate accountability
governance as a key
an
important element of the European Green Deal; calls on the Member States to implement
effective regulatory measures to provide redress
identify, assess, prevent, cease, mitigate,
monitor, communicate, account for, address and remediate the potential and/or actual
adverse human rights abuses (AM 185 S&D)
, and hold businesses accountable when it
comes to ensuring that they fulfil their due diligence obligations regarding the impact of
climate change on human rights
in line with UN guiding principles on Business and
Human Rights;
COMPROMISE 23
Paragraph 35
Covers AM 188 (Greens, H. Neumann), AM 189 (S&D, M. Arena +), AM 190 (EPP, G.
Hölvényi), AM 191 (Greens, H. Neumann)
9
35.
Welcomes the Commission’s commitment to develop a legislative proposal on
mandatory human rights and environmental corporate due diligence for companies
throughout (AM 189 S&D) to identify, take account of and mitigate negative human
rights and environmental impacts in their supply chains;
recommends that this legislative
proposal should support and facilitate the development of common impact measuring
methodologies for environmental and climate change impacts (AM 188 Greens)
;
stresses the importance of effective
, meaningful and informed consultation
and
communication with different
all affected or potentially affected stakeholders, such as
human rights
including environmental defenders, civil society, trade unions and
indigenous people; urges the EU to support and effectively engage in the ongoing
negotiations for an international, legally
a UN binding instrument
treaty on business and
human rights (AM 189 S&D) to regulate the activities of transnational corporations and
other business enterprises; considers that any such instrument must encourage corporate
actors
and investors to assume their responsibilities with regard to the human right to a
healthy environment;
considers that any such instrument must include solid
environment protection provisions and encourage corporate actors as well as Financial
Institutions but also regional investment or development institutions to assume their
responsibilities with regard to the human right to a healthy environment (AM 191
Greens)
;
COMPROMISE 24
Recital A
Covers AM 5 (S&D, M. Arena), AM 6 (ECR, K. Karski), AM 7 (EPP, J. Ochojska), AM
42 (GUE, Matias)
Falls: AM 11 (ECR, H.Tertsch), AM 25 (ECR, H.Terstch)
A.
whereas the effects
impacts of climate change and continued environmental
degradation threaten
on freshwater resources, ecosystems, and livelihoods of
communities are already (AM 5 S&D)
negatively affecting (AM 6 ECR) the effective
enjoyment of human rights, including the rights to life, food security, safe drinking water
and sanitation, health, Housing, self-determination, work and development, as outlined
in UN Human Rights Council resolution 41/21;
whereas, even if the international
objective of limiting global warming to a 2°C increase above pre-industrial levels is
achieved, these impacts will expand dramatically in the coming decades (AM 5 S&D)
;
whereas countries have different contributions to climate change and have common
but differentiated responsibilities (AM 42 GUE)
; whereas climate change poses an
immediate and far-reaching threat to the people of the world mainly to the world's poor
that are especially vulnerable as outlined in UN Human Rights Council resolution 7/23
(AM 7 EPP, AM 42 GUE)
;
COMPROMISE 25
Recital B
Covers AM 9 (GUE, M. Matias), AM 10 (EPP, J. Ochojska)
10
B.
whereas the UN, along with other international organisations and experts, is
calling for global recognition of the right to a healthy
and safe (AM 10 EPP) environment
as a universal right (AM 9 GUE);
COMPROMISE 26
Recital C
Covers AM 15 (ECR, Karski) and AM 14 (EPP, G. Hölvényi)
C.
whereas addressing climate change raises issues of justice and equity, both
at
international and national level (AM 14 EPP in the meaning)
and between and within
nations and (AM 15 ECR) generations; whereas access to justice in environmental
matters, access to information and public participation in decision-making are enshrined
under Implementing Principle 10 of the Rio Declaration on Environment and
Development, the Aarhus Convention of 25 June 1998 and the Escazu Convention of 4
March 2018;
COMPROMISE 27
Recital G
Covers AM 22 (EPP, G. Hölvényi), AM 23 (ECR, K.Karski), AM 24 (ECR, H. Tertsch)
G.
whereas states
governments (Rapporteur)
, societies and individuals (AM 22
EPP) have an ethical and inter-generational responsibility to
be increasingly proactive in
terms of policy and cooperation with the goal to agree on international standards (AM
23 ECR)
in order to take action to protect
and preserve the planet for present and future
generations
with the view to guarantee the full enjoyment of their human rights and
mitigate the (AM 24 ECR) from negative impacts of climate change;
COMPROMISE 28
Recital H
Covers AM 28 (Greens, H. Neumann), AM 29 (S&D, M. Arena+)
Falls: AM 26 (ECR, K.Karski), AM 27 (GUE, M. Matias), AM 30 (EPP, G. Hölvényi)
H.
whereas it is widely recognised that the human rights obligations
and
responsibilities of states and the human rights responsibilities of the private sector have
specific implications in relation to climate change; whereas failure to protect the
environment and those who defend it is contrary to the legally binding human rights
obligations of states and could constitute a violation of
certain rights, such (AM 29
S&D)
as the right to a healthy environment
or the right to life (AM 29 S&D)
; whereas
a growing number of business activities and operations in third countries, result in
serious human rights and environmental impacts (AM 28 Greens)
;
11
COMPROMISE 29
Recital I
Covers AM 33 (EPP, G. Hölvényi), AM 32 (S&D, M. Arena+)
Falls: AM 31 (ECR, K. Karski)
I.
whereas the Paris Agreement is the first international treaty to explicitly recognise
the link between climate action and human rights, thus allowing the use of existing human
rights-related legal instruments to urge states and private corporates to reduce emissions;
whereas the
there (AM 33 EPP) are no concrete instruments within the Paris Agreement
to hold state and corporate actors accountable
for their impact on climate change and
the exercise of human rights (AM 32 S&D);
COMPROMISE 30
Recital J
Covers AM 36 (EPP G. Hölvényi), AM 37 (GUE, M. Matias)
Falls: AM 35 (ID, Rivière)
J.
whereas climate justice aims at addressing the climate crisis using human rights
law to bridge the accountability gap in climate governance, by using climate change
litigation against
for accountability (AM 37 GUE)
of states and corporate actors
to be
responsible for their actions in terms of the due preservation of nature for itself and
that allows a dignified and healthy life for present and future generations (AM 36 EPP);
COMPROMISE 31
Recital K
Covers AM 39 (ECR, K. Kaski), AM 40 (GUE, M. Matias)
Falls: AM 38 (ID, Rivière)
K.
whereas several outstanding legal cases
have established human rights violations
and have paved the way towards accountability via the documentation of human rights
violations following failures
or inaction (AM 39 ECR) by
individuals (AM 40 GUE)
,
states and corporate actors in addressing the consequences of climate change;
COMPROMISE 32
Recital L
Covers AM 43 (Greens, H. Neumann), AM 63 (EPP, J. Ochojska)
L.
whereas the human rights consequences of climate change will be felt not only by
the most vulnerable people, but by the whole of the world’s population;
whereas the most
vulnerable communities and countries causing the least pollution and environmental
destructions suffer the most from direct consequences of climate change (AM 43
12
Greens)
; whereas the figures for disease and premature death resulting from environmental
pollution are already three times greater than those for AIDS, tuberculosis and malaria
combined, threatening the right to life, a healthy environment and clean air;
whereas
natural disasters such as floods, tropical storms and long periods of droughts constantly
increase and cause damaging consequences for food security in the countries of the
global south and for the enjoyment of many human rights (AM 63 EPP)
;
COMPROMISE 33
Recital M
Covers AM 45 (GUE, M. Matias), AM 46 (EPP, G. Hölvényi), AM 47 (EPP, J. Ochojska)
Falls: AM 44 (ECR, Karski)
M.
whereas
environmental justice is part of social justice and (AM 45 GUE) climate
change impacts are asymmetric and their adverse effects are destructive for present and future
generations, especially in developing countries; whereas climate change intensely affects
developing countries and exacerbates existing social and economic inequalities, causing
vulnerable groups such as indigenous peoples, women, children, persons with
disabilities, refugees and displaced people to suffer disproportionately from its adverse effects;
COMPROMISE 34
Recital N
Covers AM 48 (Greens, H, Neumann), AM 49 (S&D, M. Arena+), AM 50 (GUE, M.
Matias), AM 51 (EPP, J. Ochojska), AM 54 (EPP, J. Ochojska)
Falls: AM 52 (ECR, H. Tertsch)
N.
whereas climate change is an increasingly important contributor to displacement
and migration, both within nations and across international borders;
whereas displacement
is an imminent prospect for some communities, such as those living in areas threatened
by desertification, those situated in the rapidly melting Arctic, low-lying coastal areas,
and small islands or in other delicate ecosystems and at risk territories (AM 48 Greens,
AM 49 S&D)
; whereas since 2008, an average of 24 million people have been displaced
by catastrophic weather disasters each year especially within three of the most vulnerable
regions — sub-Saharan Africa, South Asia and Latin America (AM 50 GUE)
; whereas
80 % of people displaced by climate change are women, according to the UNDP;
whereas
the growing phenomenon of climate-induced displacement (AM 51 EPP)
may pose a
direct threat to human rights, culture and traditional knowledge for the population
concerned (AM 49 S&D)
and may have an important impact on local communities, on
countries and territories where they come to settle (AM 54 EPP, Rapporteur);
COMPROMISE 35
Recital O
Covers AM 56 (GUE, M. Matias), AM 57 (Greens, H. Neumann), AM 58 EPP (D. Lega)
Falls: AM 55 (ECR, K.Karski)
13
O. whereas COVID-19 restrictions and lockdowns have reduced transparency and
monitoring of human rights violations, and have intensified political intimidation and
digital surveillance, while limiting access to justice and the abilities of environmental
defenders
, local actors (Rapporteur)
, and local and indigenous communities
and others
(AM 58 EPP) to effectively participate in decision-making processes; whereas lockdowns
of indigenous communities
and sanitary measures (AM 56 GUE) have limited their
ability to patrol and protect their territories;
whereas such restrictions should be backed
by a legitimate and democratic legislation (AM 56 GUE, Rapporteur)
; whereas the
capacity of the international community to observe and investigate alleged violations
has been considerably diminished due to the pandemic (AM 57 Greens)
;
COMPROMISE 36
Recital P
Covers AM 53 (RE, Rodriguez), AM 59 (EPP, J. Ochojska), AM 60 (EPP, D. Lega), AM
78 (S&D, M. Arena)
P.
whereas the ability of people to adapt to climate change is inextricably (AM 60
EPP, Rapporteur) linked
to a large extend to their access to basic human rights and the
health of the ecosystems they depend on for their livelihoods and wellbeing (AM 59 EPP
in the meaning);
whereas mitigation and adaptation measures, such as access to, and the
use of, natural resources, such as land, water, and forests, and resettlement of people,
may also have an adverse effect on the exercise of human rights (AM 78, S&D)
; whereas
developing countries and regions will bear an estimated 75-80 % of the costs of climate
change, according the report of the UN Special Rapporteur on Extreme Poverty and
Human Rights on Climate change and poverty of 17 July 2019 (AM 53 RE)
;
COMPROMISE 37
Recital T
Covers AM 66 (EPP, J. Ochojska), AM 67 (Greens, H. Neumann), AM 68 (GUE, M.
Matias), AM 69 (EPP, D. Lega), AM 70 (S&D, Arena +)
Falls: AM 65 (ECR, Tertsch)
T.
whereas violence against women (AM 69 EPP) environmental activists
, (AM 70
S&D)
women in particular (AM 69 EPP)
, and defenders of environmental rights
and
their lawyers (AM 66 EPP) has become a well-documented trend
including by mass
media and social media coverage (AM 66 EPP);
whereas women activists suffer from
gender-specific forms of violence and intimidation (AM 67 Greens, Rapporteur)
which
are a source of grave concern (AM 68 GUE, Rapporteur)
;
COMPROMISE 38
Recital U
Covers AM 73 (S&D, Sanchez Amor), AM 75 (Greens, Neumann)
14
Falls: AM 71 (EPP, Hölvényi), AM 72 (ECR, Karski)
U.
whereas environmental defenders are on the front line of climate action and
accountability; whereas human rights bodies have increasingly drawn attention to the
need to specifically protect environmental defenders; whereas the shrinking space for
civil society is a global phenomenon that is disproportionally affecting human rights
defenders who are working on environmental and land issues and who are often in rural
and isolated areas with reduced access to protection mechanisms;
whereas the vast
majority of human rights abuses against human rights and environmental defenders
are committed in a climate of near total impunity (AM 75 Greens)
; whereas the support
and protection of human rights and environmental rights defenders are stated priorities
for the European Union in its external action around the world and in its
neighbourhood; whereas the Union must use in this regards all the instruments at its
disposal (AM 73 S&D)
;
COMPROMISE 39
Recital Y
Covers AM 76 (ECR, K. Karski), AM 77 Renew (M. Rodriguez Ramos and P.
Auštrevičius)
Y.
whereas the Escazu Agreement is the first regional agreement on access to
information, public participation and justice in environmental matters in Latin America
and the Caribbean; whereas the Escazu Agreement, which has been open for ratification
since 1 September 2019, is the first treaty to establish the right to a healthy environment
(Article 4);
whereas the Escazu Agreement which reiterates the importance of regional
cooperation may serve as an inspiration for other regions, facing similar challenges
(AM 76 ECR)
; whereas the Aarhus Convention establishes a number of rights to the
individuals and civil society organizations with regard to the environment, including
access to environmental information, public participation in environmental decision
making and access to justice; whereas the Parties to the Convention are required to
make the necessary provisions so that public authorities (at national, regional or local
level) will contribute to these rights to become effective (AM 77 RE)
;
15