Human Rights Watch Submission to the Special Rapporteur on Climate Change: Access to Information on Climate Change and Human Rights

What kind of information should be collected and shared to identify and prevent negative impacts on human rights arising from climate change and climate change response measures? What kind of information can be particularly challenging to access and why? 

States should ensure that everyone has access to adequate and transparent information regarding the human rights implications of climate change and its drivers, ranging from data and guidance on protection from air pollution, transparent and clear information about the harmful impacts of fossil fuels to the anticipated impacts of extreme weather events such as heatwaves and the impacts of sea level rise on human rights.

People who are most at risk of climate-related impacts, including children, older people, pregnant people, people with disabilities, Indigenous people, people living in poverty, migrant workers and frontline communities, are often least equipped to access relevant information. For example, in the United Arab Emirates (UAE), air pollution levels are dangerously high,[1] creating major health risks for its citizens and residents. However, Human Rights Watch found that the UAE government has not adequately provided migrant workers who are among the ones most exposed to air pollution with information about the risks of air pollution, its sources, and how they can protect themselves.

States should investigate impacts of climate change on people most at risk, including by collecting data disaggregated by disability, age, and gender, among other relevant categories. For example, data collection on disability and age is required to capture the full impact of extreme weather events and develop disability-inclusive responses to ensure protection and safety for all. Disaggregated data will enable policy makers, governments, and multilateral institutions to develop, in consultation with impacted populations, inclusive climate policies, plans, and initiatives, ensuring no one is left behind.

People with disabilities are among those at higher risks of death and injury in climate emergencies, including extreme weather events, yet they are often unaccounted for.[2] For example, between June and August 2022, Spain experienced record-breaking heatwaves. 4,600 people died, out of which 98 percent were people aged 65 and older. This would have included many people with disabilities since more than half of the people with disabilities registered in Spain are 65 and older. However, no data exists on how many of those who died were people with disabilities.

In northeastern Bangladesh, severe flash floods killed at least 141 people between June 15 and June 28, 2022, according to government data, and left millions in desperate need of shelter and aid, including people with disabilities and older persons, who often face disproportionate difficulties in surviving extreme weather events due to inaccessible services, neglect, and lack of targeted action. Since there is no disaggregated data, authorities could not identify how many people with disabilities or older persons were affected by the June 2022 floods, to ensure delivery of resources.

Are existing approaches to collect, share and monitor information on climate change and human rights sufficient for the public to assess the magnitude of actual and potential negative impacts on their human rights, and the adequacy of States’ responses to these risks? How can these approaches be improved?

States should proactively create information about the harm and risks associated with climate change and its drivers (as well as corporate actors responsible for it) and make it readily available and accessible. States should also ensure that impacts on marginalized populations are monitored and addressed. Additionally, states should conduct sufficient and regular inspections to ensure compliance with environmental and health regulations. Human Rights Watch has documented cases in several countries where the sharing of information is not sufficient or timely, or where states have not proactively monitored data, creating negative impacts on human rights, health, and safety.

In the UAE, alarmingly high levels of air pollution and lack of air quality data harm migrant workers – largely working outdoors without proper protection, among other at-risk groups. Migrant workers form over 88 percent of the UAE population. Migrant workers Human Rights Watch interviewed described breathing air that burned their lungs, feeling out of breath at work, having their skin itch, and other health problems that they believe could be related to breathing toxic air. Yet, they told Human Rights Watch that they had no information about the risks of air pollution, its sources, or protection from it. The UAE government should better monitor air quality and make air quality information easy to access and understand for migrant workers.

In the United States, Human Rights Watch found that state and federal authorities have failed to properly regulate the fossil fuel industry, and they have not made information about risks to human health readily available. The association between various health harms and the pollution from the fossil fuel and petrochemical industry is not well-known in communities residing near industrial operations. In Louisiana’s Cancer Alley, for example, health harm from fossil fuel operations disproportionally impacts Black residents.[3] In April 2024, the US Environmental Protection Agency announced new rules to cut toxic emissions from chemical plants with the aim of reducing the risk of cancer for frontline communities.

In Türkiye, Human Rights Watch documented health harm associated with plastic recycling and coal power plants. Workers of plastic recycling facilities and nearby residents are exposed to harmful chemicals emitted during the recycling process; yet, they do not have information about the risks from toxic exposure from recycling facilities or how to mitigate those risks. Communities living close to coal power plants were left in the dark about the health risks related to air pollution, with industrial emissions data of coal plants not being released and local monitoring stations defunct. Despite legal obligations for official government sources and employers to share information on the impacts of air pollution and toxic exposure, workers and residents reported being uninformed about the impacts of plastic recycling and coal power plants on their health and how to protect themselves.

In South Africa, Human Rights Watch found that lack of government regulation and oversight makes the mining industry one of the least transparent industries in the country. Basic information that communities require to understand the impacts of mines and to hold mining companies accountable for harmful activities is often not publicly available.

Are there undue barriers to obtain access to information on human rights and climate change that is up to date? (e.g., language and technical accessibility, use of technology, grounds for non-disclosure, other?)

States should ensure that information on human rights and climate change is always up to date and accessible to everyone. However, language and accessibility are among the barriers often overlooked. It is important to ensure that climate change information, especially pertaining to mitigation and adaptation strategies, is disseminated in diverse formats that are accessible to people with different types of disabilities and include language that speaks to their rights and needs.

People with disabilities are among the groups most vulnerable to climate change yet often face barriers to obtaining information on human rights as well as necessities and services due to the lack of accessibility.

In Spain, for example, people with disabilities said they felt excluded because the general information on heatwaves and extreme heat provided online and in the media did not address their specific rights and needs or include outreach services specific to groups at risk. Important heatwave-related information was generally inaccessible for many people with disabilities. Authorities have acknowledged that heatwave-related information, including general recommendations on protection, was not provided in formats accessible to people with disabilities, such as sign language or Easy-to-Read formats.

In Uganda, for example, the development of the East African Crude Oil Pipeline (EACOP) and its land acquisition process have impacted people’s livelihoods, exacerbated by limited information and poor communications about the project’s risks on the environment and human rights.[4]Human Rights Watch documented the lack of clarity and confusion for Project Affected Persons (PAPs) around access to land they had previously used to farm and timelines during the land acquisition process. Literacy rates in many of the areas along the pipeline corridor, particularly among farmers, are low. Furthermore, communication forms are not given to PAPs in local languages, but in English, a language few speak or read in rural areas along the pipeline corridor.Information should be made available in local languages and in various formats, including in print, online, and posted on the walls of public buildings, making it accessible to both literate and non-literate community members.

Are there examples in which international cooperation effectively supported public access to information on climate change and human rights? What are the challenges in implementing UNFCCC Articles 4 (public access to information) and 6 (public awareness), and Paris Agreement Article 12 (public access to information), and other international instruments and processes that can support/contribute to international cooperation on access to information on climate change and human rights?

Among the many challenges observers to the UNFCCC negotiations face is the difficulty of accessing key information needed to assess the human rights risks of their participation at the talks. For example, the executive secretary of the UN Framework Convention signed a COP28 host agreement with the UAE government on August 1, 2023 and stated that “there will be space available for climate activists to assemble peacefully and make their voices heard.” The host agreement between the UNFCCC and the UAE detailing any relevant arrangements has never been made accessible to observers. The lack of transparency and failure of the UN to provide clarity on the risks of criticizing the host country and protesting during COPs poses serious dangers to climate activists including at COP29 in Azerbaijan. For this and future climate negotiations, the UN agency should make host agreements public and accessible, while ensuring that they uphold international human rights law.

Are there concrete examples of, or specific challenges for business to communicate information on risks, including in different countries, in relation to climate change and human rights? What are the barriers for the rights holders to access this information and to evaluate the adequacy of an enterprise’s response to these risks? Are there specific examples of State regulation that have significantly improved access to information held by private actors on climate change and human rights?

Companies whose operations pose risks to the environment and human rights should especially maintain adequate information-sharing and ensure transparency on the risks associated with their operations. Human Rights Watch has documented undue barriers that rights holders face in accessing information and holding companies accountable for their harmful impacts on affected communities.

French fossil fuel company, TotalEnergies, is the principal company involved in operating the EACOP project (through its two East African subsidiaries, TotalEnergies EP Uganda and TotalEnergies East Africa Midstream). A Human Rights Watch report found that despite numerous public statements, policies, and plans from TotalEnergies and its subsidiaries to identify and mitigate negative impacts of EACOP, the project has devastated many livelihoods on the ground due to flawed land acquisition process and inadequate information-sharing. Families told Human Rights Watch that TotalEnergies representatives have extolled the virtues of the oil development and delayed compensation for the land acquisition that was promised. They also described pressure and intimidation by officials from TotalEnergies EP Uganda and its subcontractors to agree to compensation that was inadequate to buy replacement land. Farmers from the EACOP pipeline corridor, many of them illiterate, said that they were not aware of the terms of the agreements they signed. Those who have refused to sign described facing constant pressure from company officials, threats of court action, and harassment from local government and security officials.

In Malawi, weak regulation of the mining industry and the lack of information from the government and companies leave local residents of mining communities unprotected. Many residents, especially women, interviewed by Human Rights Watch said that they did not receive sufficient information associated with mining and its potential risks before the operations started. Human Rights Watch found that women and girls faced barriers accessing information about mining and its risks and that their participation in meetings with mining companies or the government was limited due to discriminatory traditional social norms.[5]

States are obligated under international human rights law to regulate domestic companies operating abroad. States should also regulate and monitor the environmental impact of business activities that may compromise children’s rights to health, food security and access to safe drinking water and to sanitation.[6]

What are the impacts on human rights of inadequate access to information from public authorities and/or business? Are there concrete examples of, or specific challenges in, collecting and sharing information on disproportionate levels of actual and potential harm from climate change and climate change response measures (disaggregated data on Indigenous Peoples, women, children, local communities, persons with disabilities, older persons, persons living in extreme poverty, others)?

Inadequate information from public authorities and businesses put people’s human rights at risk and can cause serious harms to people, resulting in a lack of protection, risks of accidents, and even death.

In 2019, Human Rights Watch documented the threats to communities from unrehabilitated coal mines in Mpumalanga province in South Africa. The report found that authorities failed to address the dangers of abandoned coal mines, and that the industry, through its inaction, created ongoing problems affecting communities’ safety and health. Mpumalanga residents described receiving no information from local, provincial, or national governments about the risks posed by unrehabilitated mines. Residents did not have access to basic information needed to understand the health risks including water quality, extent of accidents, or the location of abandoned mines. Unfettered access to unrehabilitated mines and the South African government’s failure to address these risks have resulted in two children drowning in 2016.

Even though South Africa’s 2000 Promotion of Access to Information Act (PAIA) has, on paper, improved information accessibility for civil society and others seeking better access to government information; in practice, information requests are subject to significant delays, with information received often incomplete or fragmented. Human Rights Watch filed four PAIA submissions asking for basic information related to water quality, abandoned mines, and deaths on unrehabilitated mine sites, none of which came back within the legislated time.

Human Rights Watch also documented that people with disabilities faced greater difficulties accessing warnings and emergency information, as well as reaching humanitarian support in the aftermath of a disaster. Lack of access to information contributes to exacerbating impacts of extreme weather events. Human Rights Watch research indicates that in situations of disasters and extreme weather events, people with disabilities were at higher risk of death, as well as physical and mental health impacts, which were compounded by experiences of poverty and isolation.

For example, people with psychosocial disabilities, or mental health conditions, have a two to three times higher risk of death from heat, in part because of the impact of certain medications on the body’s ability to regulate its temperature, but also because people living with a mental health condition might have limited access to coping mechanisms when facing high temperatures. Some people with physical disabilities are prone to experience greater pain and fatigue on hot days, and some people with spinal cord and traumatic brain injuries are at higher risk of heat-related illnesses because of their limited capacity to sweat, the body’s primary way of cooling down. They may also live in homes with insufficient heating and cooling systems to adapt to new temperature extremes. During floods, people with disabilities may require assistance and additional time to evacuate but receive less support and the existing warnings may not be accessible.