States’ Human Rights Obligations in the Context of Climate Change: CERD

This report examines the evolving role of the Committee on the Elimination of Racial Discrimination (CERD) in addressing the intersection of climate change and states' obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It details the Committee's initial steps toward integrating climate-related concerns into its state reporting procedures and recommendations, particularly regarding Indigenous Peoples and people of African descent.

• The Committee on the Elimination of Racial Discrimination (CERD) has only recently begun to address the links between climate change and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). While the Convention does not explicitly mention the environment, General Recommendation No. 34 (2011) protects the rights of people of African descent to the "use, conservation and protection of lands traditionally occupied by them and to natural resources", and General Recommendation No. 23 affirms the rights of indigenous peoples to "own, develop, control and use their communal lands, territories and resources".
• CERD first explicitly addressed climate change in 2019 through recommendations to Mexico and El Salvador, focusing on the participation of Indigenous Peoples in climate policy making. In subsequent years, climate-related outputs remained infrequent: only one out of three outputs in 2020 and one out of ten in 2021.
• In 2020, CERD requested that Guyana report on the connections between climate change, deforestation, oil and gas production, and the rights of Indigenous Peoples. This included inquiries into mitigation measures, decision-making participation, and whether oil and gas profits benefit all ethnic groups without discrimination.
• In 2021, CERD expressed concern regarding the impact of climate change on Dutch Caribbean islands and the lack of support provided. The Committee recommended that the Netherlands conduct studies on these negative impacts, protect vulnerable groups, and provide full support to affected communities.
• The UN Working Group of Experts on People of African Descent stated in 2021 that people of African descent are disproportionately affected by the climate crisis and subject to environmental racism, describing climate change as a byproduct of an economic system based on extraction and dispossession. The group advocated for a human rights-based approach, including the right to a healthy environment and increased participation of people of African descent in climate emergency response and mitigation.

APA

Center for International Environmental Law (n.d.). States’ Human Rights Obligations in the Context of Climate Change: CERD. https://www.ciel.org/wp-content/uploads/2022/03/Racial-Discrimination-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf

Chicago

Center for International Environmental Law. States’ Human Rights Obligations in the Context of Climate Change: CERD. n.d. https://www.ciel.org/wp-content/uploads/2022/03/Racial-Discrimination-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=States’ Human Rights Obligations in the Context of Climate Change: CERD |url=https://www.ciel.org/wp-content/uploads/2022/03/Racial-Discrimination-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndstates, author = {{Center for International Environmental Law}}, title = {{States’ Human Rights Obligations in the Context of Climate Change: CERD}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2022/03/Racial-Discrimination-Obligations-of-States-in-the-Context-of-Climate-Changejan23.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }