Enviro News Asia, Geneva — United Nations human rights experts have urged countries attending the 30th UN Climate Change Conference (COP30) in Belém, Brazil, to negotiate in good faith and strengthen climate action grounded in human rights. The appeal follows the International Court of Justice (ICJ) Advisory Opinion, which reaffirms states’ legal obligations to prevent environmental degradation, protect the climate system, and safeguard human rights from the impacts of climate change.
The experts include Elisa Morgera, Special Rapporteur on the promotion and protection of human rights in the context of climate change; Albert K. Barume, Special Rapporteur on the rights of Indigenous Peoples; and Alexandra Xanthaki, Special Rapporteur in the field of cultural rights. Other contributors include Ashwini K.P., Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance; Astrid Puentes Riaño, Special Rapporteur on the human right to a clean, healthy, and sustainable environment; and several others.
In their joint statement, the experts emphasized that countries must accelerate the implementation of the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement as interpreted by the ICJ. They are also urged to comply with other international legal instruments, including the Convention on Biological Diversity, the Convention to Combat Desertification, and the Convention on the Law of the Sea. The ICJ reaffirmed that every state has a due diligence obligation to protect the environment through mitigation, adaptation, conservation, and ecosystem restoration—particularly to prevent disproportionate impacts on the most vulnerable communities.
The experts warned that states can no longer rely on the “voluntary” nature of climate commitments. According to the ICJ Advisory Opinion, the duty to protect the climate system is universal and legally binding (erga omnes). Consequently, states must regulate and monitor both public and private sector activities—especially those producing high emissions—while enhancing international cooperation based on principles of equity, intergenerational justice, and common but differentiated responsibilities.
The experts further noted that business entities also bear responsibility for the human rights and climate impacts of their activities. Such responsibilities, they said, must be carried out inclusively and sensitively—considering gender, age, and social conditions—with particular attention to Indigenous Peoples, smallholder farmers, women, people of African descent, and communities displaced or rendered homeless due to climate change.
They underscored that COP30 must deliver tangible breakthroughs in mitigation, particularly by phasing out fossil fuel production, consumption, and subsidies, which are the main drivers of the climate crisis. According to the ICJ, actions that expand fossil fuel use may constitute violations of international law. Therefore, high-emission countries are urged to lead the transition to renewable energy with the highest level of ambition, while providing financial and technological support to developing nations to help them leapfrog fossil fuel dependency.
The UN experts concluded that the credibility of COP30 hinges on concrete and transparent outcomes—especially regarding fossil fuel phaseout, climate finance, and the Just Transition Work Programme. They also called for restrictions on fossil fuel lobbyists’ participation and demanded stronger public participation, meaningful civil society dialogue, and protection for environmental defenders.
“These measures are essential to ensure climate action that is effective, equitable, and firmly grounded in human rights,” they stated. (*)
