Human Rights and Climate Finance—How Does the Normative Framework Affect Taiwan?

Abstract

According to a study on the relationship between climate change and human rights conducted by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2009, the effect of climate change might affect certain specific human rights, such as the right to life, the right to adequate food, the right to water, the right to health, the right to adequate housing, and the right to self-determination. The effects of climate change might also affect specific groups, in particular women, children, and indigenous peoples. This study, however, points out that it might be difficult for an individual to hold a particular state responsible for harm caused by climate change. Human rights law provides more effective protection with regard to the measures taken by states to address climate change and their impact on human rights, such as access to information and participation in decision-making. The OHCHR made a submission to the 21st Conference of Parties of the UNFCCC in 2015 entitled: “Understanding Human Rights and Climate Change.” The submission presents ten key messages on human rights and climate change, one of which is “to mobilize maximum available resources for sustainable, human rights-based development.” This key message is crucial as the financial demands of climate change mitigation and adaptation have been increasing rapidly with the rise of the environmental, social and economic costs of global warming and their associated environmental catastrophes on an unprecedented scale. A human rights-based approach to climate finance can help ensure that climate-financed activities comply with existing human rights obligations and principles. It also requires the establishment of institutional safeguard systems that prevent social and environmental harm and maximize participation, transparency, accountability, and equity and rights protections. Guiding principles such as consistency with international human rights obligations, doing no harm, transparency and accountability, public participation in decision-making, and equity and non-discrimination have been proposed to guide the development and implementation of climate finance policies and activities. This chapter focuses on human rights and climate finance, and how this emerging normative framework will affect or has affected Taiwan’s climate finance both in terms of Taiwan’s national climate finance and in terms of Taiwan’s foreign aid policy.