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	Countries bear cross-border responsibility for harmful impact of climate change by UN Child Rights Committee, Fridays for Future   Oct. 2021   UN Child Rights Committee rules that countries bear cross-border responsibility for harmful impact of climate change   In a historic ruling on the harmful effects of climate change on children's rights, the Child Rights Committee has found that a State party can be held responsible for the negative impact of its carbon emissions on the rights of children both within and outside its territory.   The Child Rights Committee (CRC) published its ruling -- the first such ruling by an international body -- today, after examining a petition filed by 16 children from 12 countries against Argentina, Brazil, France, Germany and Turkey in 2019.   The children claimed that these five countries, which were historic emitters and had recognised the competence of the Committee to receive petitions, had failed to take necessary preventive measures to protect and fulfil children's rights to life, health, and culture.   The children also argued that the climate crisis is not an abstract future threat and that the 1.1°C increase in global average temperature since pre-industrial times has already caused devastating heat waves, fostering the spread of infectious diseases, forest fires, extreme weather patterns, floods, and sea-level rise. As children, they claimed, they were among the most affected by these life-threatening impacts, both mentally and physically.   The Committee held five oral hearings with the children's legal representatives, the States' representatives and third party intervenors between May and September 2021. It also heard the children directly. In this historic ruling, the Committee found that the States concerned exercised jurisdiction over those children.   "Emitting States are responsible for the negative impact of the emissions originating in their territory on the rights of children -- even those children who may be located abroad. The collective nature of the causes of climate change must not absolve a State from its individual responsibility," said Committee member Ann Skelton.   "It is a matter of sufficiently proving that there is a causal link between the harm and the States' acts or omissions," Skelton added.   In this case, the Committee determined that Argentina, Brazil, France, Germany and Turkey had effective control over the activities that are the sources of emissions that contribute to the reasonably foreseeable harm to children outside their territories.   It concluded that a sufficient causal link had been established between the harm alleged by the 16 children and the acts or omissions of the five States for the purposes of establishing jurisdiction, and that the children had sufficiently justified that the harm that they had personally suffered was significant.   The Committee was, however, unable to adjudicate on whether the States parties in this specific case had violated their obligations to the Convention on the Rights of the Child.   The complaints procedures require that petitions are only admissible after the complainants have taken the claim to the national courts and already exhausted legal remedies that may be available and effective in the countries concerned before bringing their complaint to the Committee.   http://www.ohchr.org/en/treaty-bodies/crc   IPCC report on the climate crisis a “code red” for humanity. (Fridays for Future)   The UN secretary general, António Guterres, called the recent IPCC report on the climate crisis a “code red” for humanity. “We are at the verge of the abyss,” he said.   You might think those words would sound some kind of alarm in our society. But, like so many times before, this didn’t happen. The denial of the climate and ecological crisis runs so deep that hardly anyone takes real notice any more. Since no one treats the crisis like a crisis, the existential warnings keep on drowning in a steady tide of greenwash and everyday media news flow.   And yet there is still hope, but hope all starts with honesty.   Because science doesn’t lie. The facts are crystal clear, but we just refuse to accept them. We refuse to acknowledge that we now have to choose between saving the living planet or saving our unsustainable way of life. Because we want both. We demand both.   But the undeniable truth is that we have left it too late for that. And no matter how uncomfortable that reality may seem, this is exactly what our leaders have chosen for us with their decades of inaction. Their decades of blah, blah, blah.   Science doesn’t lie. If we are to stay below the targets set in the 2015 Paris agreement – and thereby minimise the risks of setting off irreversible chain reactions beyond human control – we need immediate, drastic, annual emission reductions unlike anything the world has ever seen.   And since we don’t have the technological solutions which alone will do anything close to that in the foreseeable future, it means we have to make fundamental changes to our society.   We are currently on track for at least a 2.7C hotter world by the end of the century – and that’s only if countries meet all the pledges that they have made. Currently they are nowhere near doing that. We are “seemingly light years away from reaching our climate action targets”, to once again quote Guterres.   In fact, we are speeding in the wrong direction. 2021 is currently projected to experience the second-biggest emission rise ever recorded, and global emissions are expected to increase by 16% by 2030 compared with 2010 levels.   According to the International Energy Agency, only 2% of governments’ “build back better” recovery spending has been invested in clean energy, while at same time the production and burning of coal, oil and gas was subsidised by $5.9tn in 2020 alone.   The world’s planned fossil fuel production by the year 2030 accounts for more than twice the amount than would be consistent with the 1.5C target.   This is science’s way of telling us that we can no longer reach our targets without a system change. Because doing so would require tearing up contracts and abandoning deals and agreements on an unimaginable scale – something that is simply not possible in the current system.   In short, we are totally failing to even reach targets that are completely insufficient in the first place. Surely the first step to address the climate crisis should be to include all of our actual emissions into the statistics in order to obtain a holistic overview. This would allow us to evaluate the situation and start making the necessary changes.   But this approach has not been adopted – or even proposed – by any world leaders. Instead they all turn to communication tactics and PR in order to make it seem as if they are taking action. The truth is there are no climate leaders. Not yet. At least not among high-income nations. The level of public awareness and the unprecedented pressure from the media that would be required for any real leadership to appear is still basically nonexistent.   Science doesn’t lie, nor does it tell us what to do. But it does give us a picture of what needs to be done. We are of course free to ignore that picture and remain in denial. Or to go on hiding behind clever accounting, loopholes and incomplete statistics. As if the atmosphere would care about our frameworks. As if we could argue with the laws of physics.   As Jim Skea, a leading IPCC scientist, put it: “Limiting warming to 1.5C is possible within the laws of chemistry and physics, but doing so would require unprecedented changes.” For the Cop26 in Glasgow to be a success it will take many things. But above all it will take honesty, solidarity and courage.   The climate and ecological emergency is, of course, only a symptom of a much larger sustainability crisis. A social crisis. A crisis of inequality that dates back to colonialism and beyond.   A crisis based on the idea that some people are worth more than others and, therefore have the right to exploit and steal other people’s land and resources. It’s all interconnected. It’s a sustainability crisis that everyone would benefit from tackling. But it’s naive to think that we could solve this crisis without confronting the roots of it.   Things may look very dark and hopeless, and given the torrent of reports and escalating incidents, the feeling of despair is more than understandable. But we need to remind ourselves that we can still turn this around. It’s entirely possible if we are prepared to change. The clock is ticking.   http://fridaysforfuture.org/ http://all4climate2021.org/ http://www.unicef.org/press-releases/one-billion-children-extremely-high-risk-impacts-climate-crisis-unicef http://resourcecentre.savethechildren.net/library/born-climate-crisis-why-we-must-act-now-secure-childrens-rights http://www.savethechildren.net/news/climate-crisis-710-million-children-live-countries-high-risk http://www.bmj.com/content/374/bmj.n1734 http://www.pik-potsdam.de/en/news/latest-news/today2019s-children-to-experience-two-to-seven-times-more-extremes-than-their-grandparents http://www.ipcc.ch/report/ar6/wg1/ Visit the related web page
	Victims of armed conflict should not be silenced by OHCHR, Human Rights Council   Oct. 2021   A nation abandoned: A call to humanity to end Yemen’s suffering   In its fourth report to the Human Rights Council, the Group of Eminent International and Regional Experts on Yemen presents its findings on serious violations of international human rights law and international humanitarian law committed by the parties to the conflict in Yemen.   The report titled "A nation abandoned: A call to humanity to end Yemen's suffering" was released on 8 September 2021, and covers the period from July 2020 to June 2021.   As the conflict in Yemen enters its seventh year, the report includes findings of the Group of Experts' investigations carried out last year and a select retrospective analysis from previous mandate periods.   The violations outlined include airstrikes and shelling, failing to abide by international humanitarian law principles, humanitarian restrictions as well as obstacles to access to food and healthcare, arbitrary detention, enforced disappearances, gender-based violence, including sexual violence, torture and other forms of cruel, inhuman or degrading treatment, denial of fair trial rights, violations of fundamental freedoms, persecution and violations against journalists, human rights defenders, minorities, migrants, internally displaced persons and violation of children's rights.   Responsibility for the violations rests with all parties to the conflict, with violations committed by the Government of Yemen, the southern transitional council, members of the coalition and the de facto authorities.   According to the Group of Experts, some of the violations identified may amount to international crimes. The relatively minor developments in the accountability sphere have by no means been adequate or sufficient to quell the 'pandemic of impunity' that the Group of Experts has previously described.   "We are concerned that impunity continues largely unabated for those who perpetrate serious violations, which only adds to the insecurity in Yemen. Violations of human rights need to be called out for what they are — threats to peace, security and development, and a key driver of conflict" said Kamel Jendoubi, the Chairperson of the Group of Experts.   The Group of Eminent Experts regrets that, to a large extent, recommendations made over the past three mandates have not been acted upon. It reiterates the urgency for parties to the conflict to agree to a full cessation of hostilities and to achieve a sustainable and inclusive peace. The Group also stressed that all measures should be taken, by the parties as well as by the international community, to realize victims' rights to truth, justice and reparation.   "More than ever, the Yemeni people need an unambiguous commitment to helping them to bring lasting peace to their country. This cannot be achieved without strong political will and support for the rule of law and human rights," warned Jendoubi.   The Group reiterates its call for third States to stop providing arms and military support to the parties given the role of such transfers in perpetuating the conflict and potentially contributing to violations.   The Group of Eminent Experts recommends that the Security Council integrate the human rights dimensions of the conflict in Yemen more fully into its agenda and ensure there is no impunity for the most serious crimes by, inter alia, referring the situation in Yemen to the International Criminal Court, and expanding the list of persons subject to Security Council sanctions.   "For nearly seven years, the people of Yemen have suffered through conflict and egregious violations. We must be stirred into action to recognise our common humanity, and to act so that the people of Yemen can enjoy their rights and dignity" concluded Jendoubi.   * Statement by Group of Experts on Yemen on the Human Rights Council rejection of resolution to renew their mandate   On 7 October, despite efforts by several States, the Human Rights Council rejected a resolution to renew the mandate of the Group of Eminent Experts on Yemen, through a roll-call decision. This is a major setback for all victims who have suffered serious violations during the armed conflict that has been raging for over six years in Yemen.   The negative vote taken by Council members further underlines the Group's assessment that there is a lack of political will to address the situation in Yemen. Through this action, our mandate will effectively come to an end at the close of the 48th session of the Human Rights Council, next Monday.   Now is the time for more action, rather than less. By ending the only United Nations independent entity investigating and issuing detailed public reports on human rights violations committed by all parties to the conflict in Yemen, the Council appears to be abandoning the people of Yemen.   Despite the fear and intimidation that victims and witnesses face, they continue to report to the Group of Eminent Experts a desire to have their suffering made known to the international community and action taken to end impunity.   Local civil society organisations and human rights defenders have repeatedly stated that the Group was, for them, a reason for hope.   As our mission comes to an end, we want to renew our recommendations made over the past four years to parties to the conflict. We call upon them to:   Agree to a full cessation of hostilities and achieve a sustainable and inclusive peace;   Immediately cease all acts committed against civilians in violation of applicable international human rights and international humanitarian law and take all feasible precautions to protect civilians and civilian infrastructure;   Immediately end any measures that worsen the humanitarian crisis; and to conduct prompt, transparent, independent, impartial, thorough, credible, effective and gender-sensitive investigations of all violations and crimes committed during the conflict; and ensure accountability of the perpetrators and justice for the victims and take measures to ensure the protection of victims and witnesses in such processes.   We continue to call upon the international community to provide support to the parties in strengthening accountability mechanisms, and also call upon the international community to take specific initiatives at the international level or in third States, as appropriate, in pursuance of accountability.   Victims of this tragic armed conflict should not be silenced by the decision of a few States. Quite the opposite, they should be supported by all means to see the realisation of their rights to truth, justice and reparation.   It is all the more important now to promote and support all efforts by the Special Envoy of the Secretary-General for Yemen to reach a cessation of hostilities and achieve a sustainable and inclusive peace with due attention for respect of human rights and for accountability.   Moreover, the Security Council should integrate the human rights dimensions of the conflict in Yemen more fully into its agenda and ensure there is no impunity for the most serious crimes by, inter alia, referring the situation in Yemen to the International Criminal Court, and expanding the list of persons subject to Security Council sanctions under its resolution 2140 (2014).   We invite the Office of the High Commissioner to release reports on the human rights situation in Yemen through its country office and to support all initiatives towards accountability for victims.   http://reliefweb.int/report/yemen/aid-agencies-end-independent-monitoring-conflict-yemen-puts-millions-lives-additional http://starvationaccountability.org/news-and-events/the-use-of-starvation-by-warring-parties-in-yemen-as-a-method-of-warfare http://www.globalr2p.org/resources/jahaan-pittalwala-interviewed-on-trt-world-regarding-the-gee-yemen/   Cambodia: Stop backsliding and expand freedom – UN expert   Warning that Cambodia is “backsliding” away from democracy, a UN human rights expert today called on the government to act on a number of fronts to expand civic and democratic space.   “Suspend draconian laws and reform them,” said Vitit Muntarbhorn, UN Special Rapporteur on the situation of human rights in Cambodia. “Drop court cases and end the detention of those who disagree with the authorities. Restore political rights to members of the political opposition, and propel reconciliation. Share the power and end the monopoly.”   He made the comments in presenting his first report on the situation of human rights in Cambodia to the Human Rights Council. The shrinking civic and democratic space is particularly worrying, he said, given that the country this month will mark the 30th anniversary of signing of the Paris Peace Accords, which saw Cambodia emerge from decades of genocide and war.   “Now we see disturbing backsliding,” Muntarbhorn said. This was recently illustrated by the Government’s handling of the COVIID-19 pandemic, he said. While praising the vaccination drive and social protection programs undertaken by the Government, Muntarbhorn reflected on the so-called “anti-COVID-19 law” that has seen hundreds of people arrested, and calls for prison terms of up to 20 years.   “Intolerance towards online criticism of the COVID-19 response has led to arrests and prosecutions with a chilling impact on freedom of expression, leading to both self-censorship and censorship,” he said.   He also highlighted the 25 human rights defenders currently in Cambodian’s prison system; the conviction of nine senior opposition political figures sentenced to up to 25 years; and 50 reported instances of harassment of journalists this year.   Against the backdrop of this political clampdown, Muntarbhorn expressed concern about the environment for commune elections in 2022 and national elections in 2023, which may take place without the existence of a viable opposition party, endangering people’s right to genuinely participate in public affairs.   However, solutions are a simple matter of political will and conduct, he said. As Special Rapporteur, Muntarbhorn said he will emphasise dialogue, learning and exchange with a wide variety of actors.   Libya: Evidence crimes against humanity and war crimes committed since 2016, UN report finds.   There are reasonable grounds to believe that war crimes have been committed in Libya, while violence perpetrated in prisons and against migrants there may amount to crimes against humanity, the Independent Fact-Finding Mission on Libya says in a report published today.   “Our investigations have established that all parties to the conflicts, including third States, foreign fighters and mercenaries, have violated international humanitarian law, in particular the principles of proportionality and distinction, and some have also committed war crimes,” said Mohamed Auajjar, Chair of the Fact-Finding Mission.   The Fact-Finding Mission, which is comprised of Auajjar and fellow human rights experts Chaloka Beyani and Tracy Robinson, gathered and reviewed hundreds of documents, interviewed more than 150 individuals and conducted investigations in Libya, Tunisia and Italy.   The focus of their work included the conduct of the parties to the armed conflicts that have taken place across Libya since 2016. The violence has had a dramatic impact on Libyans’ economic, social and cultural rights, as evidenced by attacks on hospitals and schools.   “Civilians paid a heavy price during the 2019-2020 hostilities in Tripoli, as well as during other armed confrontations in the country since 2016. Airstrikes have killed dozens of families. The destruction of health-related facilities has impacted access to health care and anti-personnel mines left by mercenaries in residential areas have killed and maimed civilians,” said Auajjar.   The Fact-Finding Mission also examined violations in the context of deprivation of liberty and documented the situation of internally displaced people as well as that of migrants, refugees and asylum-seekers.   “Migrants, asylum-seekers and refugees are subjected to a litany of abuses at sea, in detention centres and at the hands of traffickers,” said Chaloka Beyani.   “Our investigations indicate that violations against migrants are committed on a widespread scale by State and non-State actors, with a high level of organization and with the encouragement of the State - all of which is suggestive of crimes against humanity.”   The Fact-Finding Mission also found evidence of disturbing patterns of violence committed in Libyan prisons, with detainees tortured on a daily basis and their families prevented from visiting.   “Arbitrary detention in secret prisons and unbearable conditions of detention are widely used by the State and militias against anyone perceived to be a threat to their interests or views,” said Tracy Robinson.   “Violence in Libyan prisons is committed on such a scale and with such a level of organization that it may also potentially amount to crimes against humanity.”   The chronic insecurity in Libya has led to the internal displacement of hundreds of thousands of people who have ended up in areas ill-equipped to accommodate large population movements. Some ethnic groups, such as the Tawerghas, the Tebus and the Alahali, have been displaced since 2011 and continue facing severe abuses.   The evidence indicates that Libya has failed to take action to ensure the safety of internally displaced persons and their return to their place of origin, in breach of its obligations under international law.   The Fact-Finding Mission’s report also documents the recruitment and direct participation of children in hostilities, the enforced disappearance and extrajudicial killings of prominent women and continuing sexual and other forms of violence against vulnerable populations, including LGBTQI persons. The Mission further paid particular attention to the allegations of atrocity crimes committed in the town of Tarhuna (southeast of Tripoli) between 2016 and 2020.   With the recent installation of the Government of National Unity, Libya has entered a phase of national dialogue and unification of State institutions. The Libyan judicial authorities are also investigating most of the cases documented in the Fact-Finding Mission’s report. However, the process of holding perpetrators of violations and abuses accountable faces significant challenges.   The Fact-Finding Mission has identified individuals and groups (both Libyans and foreign actors) who may bear responsibility for the violations, abuses and crimes committed in Libya since 2016 and this confidential list will remain so, until the need arises for its publication or sharing with other accountability mechanisms.   “As Libyans strive to secure peace, ensuring accountability for gross human rights violations and international crimes committed in the country is more necessary than ever to deter further violations and promote long-term peace and reconciliation,” said Auajjar.   “We urge Libya to intensify its efforts to hold those responsible to account. It is also essential that the international community continues to provide support to the Libyan judicial authorities.”   Noting that a comprehensive human rights investigation is an effective tool to foster accountability and promote long-term peace and security, the report recommends that the Human Rights Council extend the Fact-Finding Mission’s mandate for a further year.   13 September 2021   Statement to the Human Rights Council by Mr. Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar, on the 48th Regular Session of the Human Rights Council   In accordance with its mandate from this Council, the Independent Investigative Mechanism for Myanmar continues to collect, consolidate, preserve and analyse evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011 and to prepare files focusing on the criminal conduct of persons responsible.   Tragically, serious crimes and violations of international law continue to be committed in Myanmar. The nation’s long history of impunity continues to impact the lives of its people. Men, women and children from diverse regions and ethnic groups are suffering.   Four years since the military’s 2017 clearance operations in Rakhine state, hundreds of thousands of Rohingya remain living in temporary shelter in Bangladesh, their lives on hold hoping to return to homes many of which have been burned and bulldozed.   Since the military seized power in February this year, the Mechanism has received reports on the use of unjustified force against peaceful protestors, arbitrary arrests, torture, enforced disappearances and killings.   Thousands of people have fled their homes in various regions, devastating the economy of Myanmar and straining the resources of neighboring states. More than ever, there is a need to end impunity and to break this cycle of violence.   To date, the Mechanism has collected over 219,000 information items related to post-coup events. Our initial analysis indicates that these crimes are both widespread and systematic in nature. Preliminary evidence shows that about a thousand civilians have been killed, including in Yangon, Nay Pyi Taw, Bago, Mandalay, Magway and Sagaing.   The evidence shows security forces acting in a coordinated manner across different regions, systematically targeting specific categories of persons, such as journalists and medical professionals. Many thousands have been detained without due process of law.   Under international law, crimes such as killings and arbitrary detentions committed as part of a widespread or systematic attack on a civilian population are crimes against humanity and thus fall within our mandate. The Mechanism is working to verify and analyse the available evidence concerning these events, and to identify individuals who bear criminal responsibility. http://iimm.un.org/   http://reliefweb.int/report/libya/libya-evidence-crimes-against-humanity-and-war-crimes-committed-2016-un-report-finds http://www.ohchr.org/EN/HRBodies/HRC/FFM_Libya/Pages/Index.aspx http://www.msf.org/thousands-detained-and-people-without-medical-care-after-days-arrests-libya http://www.acaps.org/country/libya/special-reports#container-1684 http://www.ohchr.org/EN/HRBodies/HRC/YemenGEE/Pages/Index.aspx http://www.ohchr.org/EN/HRBodies/HRC/CoHSouthSudan/Pages/Index.aspx http://www.ohchr.org/EN/HRBodies/HRC/KasaiRegion/Pages/Index.aspx http://www.ohchr.org/EN/HRBodies/HRC/CoIBurundi/Pages/CoIBurundi.aspx http://www.ohchr.org/en/hrbodies/hrc/iicisyria/pages/independentinternationalcommission.aspx http://www.ohchr.org/EN/HRBodies/HRC/Pages/COIs.aspx http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session48/Pages/ListReports.aspx http://www.ohchr.org/EN/pages/home.aspx Visit the related web page
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