written observations on the issues covered by the request for an Advisory Opinion submitted by Colombia and Chile on the Climate Emergency and Human Rights

The document argues that climate change is a human rights crisis driven by a small number of 'Carbon Majors' in the fossil fuel and agroindustrial sectors. It asserts that States have a duty under the American Convention on Human Rights to regulate these entities, halt fossil fuel expansion, and ensure reparations for affected communities. It further argues that business enterprises have an independent obligation to respect human rights, which includes conducting due diligence across their entire value chain and ceasing deceptive 'climate-washing' practices.

• Climate change disproportionately impacts marginalized populations in the Americas, including Indigenous Peoples, Afro-descendants, women, children, and older adults, acting as a 'threat multiplier' that is 'inherently discriminatory'.
• A small group of approximately 90 entities, termed 'Carbon Majors', are responsible for the majority of industrial greenhouse gas emissions since the industrial revolution.
• The fossil fuel industry has known about the climate consequences of its operations for at least 60 years but engaged in coordinated campaigns of disinformation to delay regulation and protect profits.
• Business enterprises engage in 'climate-washing', using misleading or unsubstantiated claims about their environmental impact to preserve profit-driven models and stall climate action.
• States have a human rights obligation to halt the expansion of fossil fuel production and agroindustrial deforestation and to accelerate a just phase-out of these industries.
• The 'polluter pays' principle requires that those responsible for pollution, including business enterprises, bear the costs of mitigating and remedying the resulting human rights and environmental harm.
• States must not rely on speculative or unproven technologies, such as large-scale carbon capture and storage (CCS) or direct air capture (DAC), as a substitute for immediate and proven emission reductions.
• Business enterprises have an independent obligation to respect human rights that exists regardless of a State's ability or willingness to fulfill its own obligations.
• Corporate due diligence must encompass the entire value chain, including Scope 3 emissions, to accurately assess and mitigate climate-related human rights risks.
• Investor-State Dispute Settlement (ISDS) mechanisms are used by corporations to challenge State climate measures, creating a 'regulatory chill' that discourages ambitious climate action.
• Strategic Lawsuits Against Public Participation (SLAPPs) are used by corporate actors to harass and intimidate NGOs and environmental defenders in the Americas.
• State-owned enterprises (SOEs) have an increased responsibility to lead by example and adhere to international human rights standards due to their proximity to State authority.

APA

Chowdhury, J., Gomez, L., Reisch, N., Khatri, U., Hervey, G., de Bona, M. E., Dutra, N., Serra, M. A., Agudelo, M., Jonker-Argueta, M., da Cunha, A. C. F., Ikawa, D., Phillips, C., & Merner, D. (2023). written observations on the issues covered by the request for an Advisory Opinion submitted by Colombia and Chile on the Climate Emergency and Human Rights. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2024/02/Amicus-brief_IACHR_Climate_Emergency_and_Human_Rights_Corporate_Accountability_brief.pdf

Chicago

Chowdhury, Joie, Luisa Gomez, Nikki Reisch, Upasana Khatri, Ginger Hervey, Melina E. de Bona, Nathalia Dutra, et al. written observations on the issues covered by the request for an Advisory Opinion submitted by Colombia and Chile on the Climate Emergency and Human Rights. Center for International Environmental Law, 2023. https://www.ciel.org/wp-content/uploads/2024/02/Amicus-brief_IACHR_Climate_Emergency_and_Human_Rights_Corporate_Accountability_brief.pdf.

Wikipedia

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BibTeX

@techreport{chowdhury2023written, author = {Chowdhury, Joie and Gomez, Luisa and Reisch, Nikki and Khatri, Upasana and Hervey, Ginger and de Bona, Melina E. and Dutra, Nathalia and Serra, Maria Alejandra and Agudelo, Martha and Jonker-Argueta, Michelle and da Cunha, Ana Carolina Fisher and Ikawa, Daniela and Phillips, Carly and Merner, Delta}, title = {{written observations on the issues covered by the request for an Advisory Opinion submitted by Colombia and Chile on the Climate Emergency and Human Rights}}, institution = {Center for International Environmental Law}, year = {2023}, month = dec, url = {https://www.ciel.org/wp-content/uploads/2024/02/Amicus-brief_IACHR_Climate_Emergency_and_Human_Rights_Corporate_Accountability_brief.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }