UNEP-OHCHR ENVIRONMENTAL RIGHTS BULLETIN Future generations, children and youth

The UN System Common Principles on Future Generations

by the co-leads of the High-level Committee on Programmes Core Group on Duties to the Future (UNEP – Andy Raine; UNU – Adam Day; UNESCO – Caroline Siebold; UNICEF – Jasmine Byrne)

“Delivering on our commitment to take future generations into account need not come at the expense of those currently living. On the contrary, it starts with redoubled efforts to achieve peace, sustainability, human rights, fairness, inclusion, and equality in the present. A fair and equitable distribution of opportunities and resources today means better and more equal opportunities and outcomes for future generations.” Secretary-General’s Our Common Agenda, Policy Brief 1 on “To Think and Act for Future Generations”

As part of a wider efforts on advancing the rights, needs and interests of future generations, the United Nations System Common Principles on Future Generations were approved by the High-level Committee on Programmes (HLCP) at its 45th session in March 2023 and subsequently endorsed by the UN System Chief Executives Board for Coordination (CEB) in May 2023. Approved by the principal UN system mechanism for coordination and policy coherence in the programme area bringing together more than 40 entities – the HLCP - the Common Principles aim to support a UN system-wide approach and ambition towards future generations, helping to further mobilize future-oriented work towards a shared purpose, while also leaving space to different UN entities to develop any efforts in line with their respective mandates, regulations and procedures. These Principles reflect a series of values and concepts to give due consideration to future generations’ rights, needs and interests.

The Common Principles are based on a definition of future generations as “all those generations that do not yet exist, are yet to come and who will eventually inherit this planet”. The Principles recognize that future generations are different from children and youth today - which are part of present generations who’s lives will extend further into the future as adults and older persons. While children and youth often have overlapping interests to those of future generations, they shouldn’t bear the burden of representing future generations, but rather they are deserving of a seat at the table to ensure that their rights, needs and interests are meaningfully represented and safeguarded.

The concern for future generations is thus preconditioned on upholding the rights and meeting the needs of present generations and is set in a context of the acceleration of the 2030 Agenda for Sustainable Development. Sustainable development itself – a term first defined in a 1987 report – the Brundtland Report - is described as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. In particular, the Common Principles highlight different elements of our duties to the future, which can be grouped into the following categories or objectives: (1) strengthening the normative foundations on future generations as grounded in human rights, including gender equality, and international environmental law; (2) fostering capabilities to think, plan and act for future generations; and (3) supporting integration, inclusion and multi-stakeholder collaboration, through shaping an approach to the future that is agile, diverse, interdisciplinary, responsive and inclusive, both within and beyond the UN system.

Integration of interdisciplinary perspectives on integration of intergenerational equity approaches, from youth to children, from local communities to Indigenous Peoples, from civil society to private sector, will support effective and inclusive efforts to address the complex issues facing future generations. Mobilizing the sciences, transformative education, culture, communication and information, and increasing the use of strategic foresight and future-proofing tools towards long-term policies, can help to address injustices across generations and current challenges ensuring that they are not carried into the future.

Now moving from principle to action, the UN system has been working on unpacking the Common Principles and socializing them in a variety of contexts with a two-fold purpose: firstly, to contribute to the creation and dissemination of a common understanding of the Principles themselves and to better support UN system entities to integrate them into their efforts to fulfil their duties to future generations; secondly, to help support ongoing processes that can be significant in advancing our duties to the future, such as the process for the Declaration on Future Generations or the Summit of the Future, among others.

In relation to the first, a forward-thinking culture can be fostered across various levels of engagement. The UN system can monitor how governance systems address long-term challenges and can facilitate the sharing of information and good practices. It can do so through its work with regional and national teams and through facilitating and building of meaningful partnerships, with States, private sector, civil society, children and youth, and groups in vulnerable situations. The UN system is well-positioned to advance this work. Its entities and organizations have a pivotal role in shaping the global discourse on intergenerational equity and advancing the rights of future generations, which can be done by leveraging their unique mandates, specialized knowledge, and resources to address the evolving global challenges, such as the planetary environmental crises or keeping up with an always-changing modern digital world. Whether it’s through ensuring access to education, healthcare, adequate food, environmental protection, or sustainable economic development, the organizations of the UN system collectively strive to create a better future for all.

In relation to the support to ongoing processes, key developments are taking place all around the world. For example, in 2023, a group of experts agreed on the Maastricht Principles on Future Generations, which represents a significant contribution from civil society to clarify the existing international law obligations towards future generations. In 2023, a UN General Assembly resolution requested an Advisory Opinion by the International Court of Justice (ICJ) clarifying the obligations of States with respect to climate change, which is expected to consider these obligations with regard to both present and future generations. In 2015, Wales adopted a Well-being of Future Generations Act which requires public authorities to think about their long-term impact and work towards preventing and addressing existing challenges such as poverty, inequalities and climate change. Finally, the Summit of the Future, taking place in September 2024 and its expected outcomes, including a Pact for the Future and a Declaration on Future Generations, will prove a critical moment in our commitment to multilateral solutions for the betterment of present and future generations.

Efforts carried out under the High-Level Committee on Programmes (HLCP) on duties to the future can be consulted here.

The Maastricht Principles on the Human Rights of Future Generations – A Human Rights Manifesto for the Future

by Sandra Liebenberg, Professor and H. F. Oppenheimer Chair of Human Rights Law, University of Stellenbosch Law Faculty and Chair of the Drafting Group of the Human Rights of Future Generations

Future generations face multiple serious threats to their enjoyment of the human rights enshrined in international human rights law since the adoption of the Universal Declaration of Human Rights in 1948. The most serious of these threats is the triple planetary crisis of climate change, pollution and biodiversity loss. Although there is increased recognition of the threats faced by future generations to the enjoyment of human rights, the implications of recognizing future generations as rights holders have not been fully explored. In this context, the adoption of the Maastricht Principles on the Human Rights of Future Generations on 3 February 2023 after almost six years of research, consultation and collective brainstorming represents a significant milestone.

The Principles were adopted at Maastricht University in the Netherlands by a range of experts from all regions of the world, and have been subsequently endorsed by current and former members of international human rights treaty bodies, regional human rights bodies, and former and current Special Rapporteurs of the UN Human Rights Council. The Principles recognize that human generations exist within a continuum of time, and this fact has profound implications for their human rights. For example, the descendants of groups and communities who suffered historic injustice are more vulnerable to systemic discrimination and disadvantage. The Maastricht Principles draw inspiration from the worldviews and ways of life of many Indigenous Peoples who recognize the continuum of the relationship between present and future generations and the intrinsic linkages between humankind and the land and ecosystems on which they depend.

Future generations are defined in the Principles as “those generations that do not yet exist but will exist and who will inherit the Earth.” They include “persons, groups and peoples”. The Principles recognize the special proximity of currently living children and youth to future generations, and require States to give their views and perspectives special weight in decision-making processes impacting on the future. The legal basis for the recognition of the human rights of future generations is elaborated in the Principles. These include a wide variety of international law sources that recognize obligations to future generations and seek to ensure intergenerational equity. Fundamentally, human rights are intended to be universal in their application and are not limited to present generations. The Principles recognize certain cross-cutting norms and concepts such as equality and non-discrimination, the interrelationship between intragenerational and inter-generational human rights obligations, intergenerational duties and trusteeship, prevention and precaution, international solidarity, and learning from and upholding the rights of Indigenous Peoples as well as peasants, local and traditional communities.

The Principles apply the traditional tripartite typology of classifying human rights obligations – respect, protect and fulfil – to State obligations in relation to future generations. Under each category the obligation is fleshed out, and illustrative examples of violations of the human rights of future generations are provided. For example, under the State obligation “to respect” the human rights of future generations, violations include the unstainable use and depletion of natural resources, the pollution or degradation of ecosystems, and contributing to a decline in biodiversity or anthropogenic climate change. States will be violating their duty “to protect” the human rights of future generations if they fail to phase out fossil fuels within the shortest possible time, with States with the greatest responsibility and capacity being required to move most expeditiously. A further violation of the duty to protect is the failure by States to avert, minimize and address loss and damage associated with the adverse effects of climate change. Examples arising from the obligation “to fulfil” the human rights of future generations include ensuring that the burdens of mitigating and remedying climate change and other forms of environmental destruction are not shifted to future generations; and phasing out unsustainable patterns of consumption and production and waste generation that jeopardize the Earth’s ability to sustain future generations. It is recognized that wealthier States must proceed more expeditiously under the principle of common but differentiated responsibilities and respective capabilities. Other topics dealt with by the Maastricht Principles are mechanisms to facilitate the participation and representation of future generations in decision-making that may impact on their enjoyment of human rights; access to information; extraterritorial obligations; as well as the obligations, duties and responsibilities of non-State actors including business enterprises, intergovernmental organizations, individuals and communities.

Finally, the Principles deal with the crucial topic of ensuring accessible and effective remedies for victims in relation to the acts or omissions of present States and non-State actors. The Principles require States to ensure that victims and their representatives have standing before courts and human rights bodies so that they are able to enforce the human rights of future generations through the judicial system. The full range of remedies for human rights violations should be made available including prevention, cessation, non-repetition and redress; full and effective reparation, including in the form of restitution, compensation and satisfaction. For example, the remedy of restitution in the context of future generations’ rights to a clean, healthy and sustainable environment and to cultural heritage, can include: the restoration of degraded ecosystems; the return of land, territories, resources, and other property; and creating the means to identify, restore, revitalize and transmit cultural heritage. The Drafting Group is in the process of preparing a comprehensive legal commentary on each of the Principles, whilst the Steering Group of the Project is working to disseminate, popularize and build support for the Principles amongst a range of stakeholders. Ultimately, it is hoped that the Principles will contribute to a range of policy, legal and social mobilization initiatives to ensure the recognition and protection of the human rights of future generations.

Children’s right to a healthy environment – the road to the Committee on the Rights of the Child’s General Comment No. 26

by Kartik Verma, UNICEF Youth Advocate – India, former Child Advisor

Environmental rights play a fundamental role in promoting a sustainable future for not only the present generations but also future generations. Often, the argument used against environmental sustainability is that of an anthropocentric approach which suggests that humans are the "owners" of the environment. This results in reckless and unconscious exploitation of natural resources leading to their depletion, which poses a threat to both humans and non-human species.

In recent times, environmental rights including the right to a healthy environment are leading a conscious turn. People from various backgrounds are opposing the exploitative ownership of industries and development policies centred around profit. The consideration of the best interests of children and future generations is elemental for the progress of the environmental framework and conservation. So far, many conventions and laws have been ratified and implemented, yet the overall inclusion of youth and future generations has been negligible. The crucial role of all stakeholders, including children and youth, has not been duly considered. Additionally, neither are the consequences or the impact of policies duly considered.

Therefore, it can be said that although the negative effects of environmental degradation on children are being recognised, children are still not being considered or included in framing and implementation of policies that affect them. The rights of children belonging to vulnerable communities, including refugees and Indigenous communities, are exploited and neglected disproportionately. The continuous exploitation of natural resources and the privatization of natural resources have taken away the rights of Indigenous communities to their traditional lands, i.e. forests, threatening their identities and livelihoods. Children are more vulnerable to the negative externalities of environmental degradation. Environmental degradation threatens their rights to life and development (Article 6 of the Convention on the Rights of the Child (CRC)); rights to identity, including nationality and name (article 7 of CRC); rights especially of refugee children who are displaced because of climate related disasters (article 22 of CRC); rights to health, water and food taking into consideration the dangers and risks of pollution (article 24 of CRC); rights to food, shelter and a safe home (article 27 of CRC); right to education (article 28 of CRC); and right to play (article 31 of CRC).

Displaced children because of climate-related disasters are also more prone to violence and child labour, which threatens their right to protection from violence (article 19 of CRC) and right to protection from harmful work (article 32 of CRC). Refugee children, especially from conflict regions and disaster-hit areas are more vulnerable to psychological distress, physical limitations and exploitation. Extensive psychological assistance is required to help them, yet such interests of children and the future generations have not even been mentioned in most of the legal frameworks.

The General Comment No. 26 (2023) on children’s rights and the environment with a special focus on climate change was the first-time children were formally included in the preparation process. Twelve advisors from different geographic regions were selected to be part of the process, and I was selected to represent the Asia-Pacific region. Over a period of two years, this advisory team actively engaged with a consultation process, receiving a substantial 16,331 contributions from children across 121 countries. Our mission focused on ensuring that children from diverse backgrounds could express their views on creating a clean, healthy, and sustainable world. To facilitate this, we developed an online questionnaire alongside a website designed to visually represent their collective vision. To amplify our reach and impact, we partnered with various organizations and conducted multiple workshops aimed at raising awareness and gathering additional input. These efforts were crucial in preparing the comprehensive consultation report that captured the voices and ideas of the participating children.

As advisors, we interacted with the Committee on the Rights of the Child on three occasions through online meetings and once in person. These interactions were enlightening and highlighted the Committee's commitment to children's rights. However, they also underscored the challenges ahead, as the engagement from Member States was less than anticipated, signalling a need for increased advocacy and action to support the Committee's objectives. The right to education and learning through practical means can connect children more with nature, which can promote a mindset of respect for nature and the non-human species. In fact, a nature-conscious upbringing of children will result in generations of children who will be rightly guided into environmental conservation.

Child rights advocates are important stakeholders in society who can encourage climate action. They have the power to influence the policymakers to shift towards sustainable policies and development, keeping in mind the impact of those policies on the environment. Child rights advocates can create a generation of well-educated and aware children who are knowledgeable about their rights and are well-equipped to stand up for themselves and vulnerable children. The efforts of children to draw the attention of the UN Committee on the Rights of the Child toward environmental crises created the motivation for and built the momentum behind the creation of the General Comment.

World’s Youth for Climate Justice: Fighting for Climate Justice for Present and Future Generations

by World’s Youth for Climate Justice

Climate change is a unique and global phenomenon that threatens the rights of present and future generations and, simultaneously, poses cross-cutting legal challenges to a myriad of existing legal doctrines. This has resulted in immense legal uncertainty in relation to the rights of individuals and the obligations of States in the context of the climate emergency. At the same time, as noted in the Intergovernmental Panel on Climate Change (IPCC) AR6 Synthesis Report, “there is a rapidly closing window of opportunity to secure a liveable and sustainable future for all”. In particular, there is increasing recognition of the harms and burdens climate change poses to children and future generations.

It is within this context that the youth of this world created the World’s Youth for Climate Justice (WYCJ) to join forces in the fight for a sustainable future; a future unencumbered by the sins of past generations; a future shaped by decisions made by those who will live in it. To that end, WYCJ seeks to clarify the obligations of States to protect the rights of present and future generations from the adverse effects of climate change; focusing on the operation of the principle of intergenerational equity, within the existing international legal regime that governs human rights, environment and the climate crisis.

As its primary means of achieving this goal, WYCJ has been fundamental in the pursuit of an Advisory Opinion on climate change and human rights by the most authoritative judicial organ of the world: the International Court of Justice (ICJ). With the mission to reach climate justice, the ICJ Advisory Opinion was first conceived among a class of law students at the University of the South Pacific as a means of advancing climate justice. Learning about the United Nations Framework Convention on Climate Change’s (UNFCCC) 30-year history of incremental outcomes, and the severe consequences for their communities, 27 young Pacific Islanders decided that all avenues to address climate change within the framework of international law must be investigated and, if possible, put into motion.

These students, thus, formed an organization – Pacific Islands Students Fighting Climate Change (PISFCC) – and, in March 2019, commenced persuading the leaders of the Pacific Islands Forum (PIF) to take the issue of climate change and human rights to the International Court of Justice. In 2020, recognizing the global relevance of the campaign, the PISFCC and its partners established the WYCJ, unifying global youth in the campaign to bring the world's most pressing problem to the world's highest Court. WYCJ has since expanded to Latin America, Asia, the Caribbean, Europe, and Africa. In its work, WYCJ has mobilized national and regional civil society organizations and likeminded youth movements to increase pressure on all governments; first, in seeking the advisory opinion on human rights and climate change and, second, in supporting legal contributions to the advisory opinion and advocating for climate justice within the ICJ advisory proceedings.

Following the historic adoption of the UN General Assembly resolution requesting the ICJ to issue an Advisory Opinion on State’s legal obligations related to climate change including under human rights law, WYCJ and PISFCC have combined efforts to write the Youth Climate Justice Handbook. As a tool to assist States in making submissions before the ICJ, the Handbook presents the most relevant legal arguments on climate justice, highlighting and echoing youth and civil society voices on human rights and intergenerational equity. WYCJ is continuing its efforts during the written and subsequent oral proceedings before the Court by advocating for the adoption of a progressive Advisory Opinion on climate justice that will fully address the complex phenomenon of climate change, establish legal certainty, and provide protection from its adverse effects: past, present, and future.

In addition to its efforts concerning the ICJ Advisory Opinion, WYCJ is engaging with the international legal system on numerous fronts, including other international proceedings - for instance, the ITLOS Advisory Opinion and UN mechanisms), community engagement and outreach, and academic contributions - such as its legal blog. Additionally, WYCJ has presented a written statement (in English and in Spanish) to the Inter-American Court of Human Rights in its advisory proceedings on the climate emergency and human rights and, subsequently, presented oral arguments during the Court’s hearings on the same matters. As part of its submissions, WYCJ advocated for the incorporation of intergenerational equity and differential obligations of States to protect children, youth, and future generations in their response to the climate crisis, as well as for the need for participatory and forward-looking policy-making and the protection of procedural rights in climate action.

While the progress that is being made to achieve climate justice is incremental, the climate crisis worsens by the day. The WYCJ believes that an advisory opinion from the ICJ on climate change would significantly enhance the role of international law in responding to the urgent threats posed by the climate crisis. The many young people worldwide contributing to WYCJ continue to strive in the quest for climate justice and, in particular, the protection of current and future generations. WYCJ is an organization where the youth of this world can come together and join efforts to fight for a better future; one in which the Earth is cherished and safeguarded and in which humanity lives in harmony with the environment. It is indeed evident from the youth-led climate change litigation wave that young people are taking a stand for their futures and demanding participation in decision-making processes. In the end, due to their longevity on the planet, the youth and those not yet born will bear the weight of the consequences of such decisions made today. Therefore, WYCJ - and the youth whom the organization represents - is urging the world to listen to our call for an international legal framework that incorporates intergenerational justice and a non-linear intertemporal approach to legal obligations in the face of the climate emergency.

How human rights law changes the equation and mandates financing of an equitable and just transition

by Todd Howland, Chief, Development and Economic and Social Rights Branch, Thematic Engagement, Special Procedures and Right to Development Division, OHCHR

Present-day economic models, governance systems and consumption patterns are pushing humanity towards an increasingly unsustainable and dystopian future. Multiple planetary crises including climate change, biodiversity loss, and pollution, are escalating along with their catastrophic human rights impacts. The massive suffering experienced by those affected by environmental crises today highlights the urgent need to address the even worse projected human rights impacts of humanity’s current trajectory. The wellbeing, rights, and survival of future generations depends on the changes we make now.

The accelerating impacts of climate change—such as rising sea levels, extreme weather events, and shifting climate patterns—threaten all human rights, including those to a healthy environment, food, water, health, livelihoods, housing, development, education, and even life itself. Millions of people are displaced each year by climate and weather related disasters. Air, water, and soil pollution degrade environmental quality, leading to severe health problems and long-term issues that affect children's development and reduce life expectancy. More than 90% of the world’s children breathe toxic air every day, according to WHO. An estimated 7 million premature deaths are caused each year by air pollution alone. The rapid decline in biodiversity, driven, in part, by climate change and pollution, affects ecosystem services vital for human survival, such as clean water, food security, and disease regulation.

These harms occur because decisions about our economic models, governance systems and production and consumption patterns are made without consideration of human rights, including the rights of future generations. The imposition of human rights costs, including damage to health and livelihoods, on people and communities with cascading impacts on future generations, has become intolerably standard fare while businesses and their investors continue to reap short-term benefits at the expense of those not in the economic transaction. This creates a measurable wealth transfer from victims of environmental crises like pollution and climate change to investors and businesses. Often Member States pick-up of some of the cost of the damage done, for example, responding to climate catastrophes. Again, shifting costs from business and investor to the taxpayer.

That is why a just transition and the human rights economy are essential. We must transition from harmful economic systems towards a human rights economy that prioritizes people and the environment now and in the future. Human rights are a solution to ensure fairness, inclusivity, and sustainability within our societies – including economic systems. A just transition would protect and promote all human rights, including health, a healthy environment, equality, education and decent work. Without this transition, future generations face a world where their human rights and their choices are severely compromised due to environmental degradation for which they bear no responsibility. They will suffer the consequences of our actions and inactions, dealing with crises they had no hand in creating and had no chance to prevent or mitigate. But we have the opportunity to leave a better future for generations to come if we align environmental and economic action with human rights obligations tackling the multiple planetary crises head-on.

All States should acknowledge that investing in building a strong foundation for the respect, protection and fulfilment of human rights for all and the observance of the rule of law is the most effective way to safeguard the needs and interests of future generations. The outcomes of the Summit of the Future, including its Declaration, should reaffirm the human rights of future generations including their right to a clean, healthy, and sustainable environment, which is a prerequisite for the ability of present and future generations to enjoy a wide range of human rights on a healthy planet, and the obligations of States and businesses to safeguard them. Protecting human rights, including the rights of future generations, will happen through the market, if the true costs of doing business are integrated through effective regulation. If governments continue to allow the unchecked imposition of unfreedoms and human rights costs, the market system will continue to drive us toward environmental catastrophe including irreversible climate collapse.

While significant financial investment in a just and equitable transition is a matter of human rights obligation, the reality is that this is also a sound financial investment as returns are ensured as people/customers pay for the energy. Second, it will pay dividends for everyone in society and for the planet. Public and private actors at all levels should work together to build a robust framework for equitable and just transition grounded in human rights. A human rights economy calls for policies underpinned by the human rights obligations of States and businesses. It will advance investments that enhance all human rights, including the human right to a clean, healthy and sustainable environment. Macroeconomic policies play a vital role in ensuring necessary fiscal space for just transition finance. Human rights enhancing economic policies, such as progressive taxation on income and wealth, with the private sector paying its fair share, and shifting subsidies from fossil fuels to clean energy sectors create the incentives for sustainable economic activities and can end the imposition of unfreedoms and human rights costs by the current system, leading to a more equitable distribution of revenues within society and reducing inequality in the present to provide future generations with a better, more just world.

Governments need to end the imposition of unfreedoms and human rights costs that are leading to a wealth transfer – often from the poor and Member State to businesses and investors. Once this has been accomplished, the human rights enhancing financing of an equitable and just transition will seamlessly replace the current human rights violating system. Without it, a heavy lift to guarantee the right to a healthy environment for current and future generations may become an impossible one.

When you say intergenerational equity – I say futures and foresight capabilities

by Christin Pfeiffer, Futures Literacy and Foresight, UNESCO

Intergenerational equity, solidarity and justice are among the key issues for this year’s UN Summit of the Future, taking place in September 2024, and its expected outcome documents. The “zero draft” of the Declaration on Future Generations confirms the renewed momentum around intergenerational equity. Moreover, the launch of the UN Common Principles on Future Generations represents another meaningful example of how the UN ecosystem authentically considers it a pressing and urgent matter for society at large.

The question is not new – intergenerational equity has been referenced on numerous occasions and been given many meanings. While it may enjoy broader visibility since the financial crisis in 2008, intergenerational equity has been on the agenda of policy makers for many years. A cornerstone in this regard is represented by the efforts of Member States, who jointly addressed the issue on the occasion of UNESCO’s General Conference already in 1997, launching the Declaration on the Responsibilities of the Present Generations Towards Future Generations, which in Article 1 clearly states that present generations have the responsibility of ensuring “that the needs and interests of present and future generations are fully safeguarded”. [1]

The eleven articles of the UNESCO Declaration encapsulate key concepts and commitments from Member States, including the provision of freedom of choice, the protection of the environment, the safeguarding of the human genome and biodiversity, and the preservation of cultural diversity and heritage. Already 27 years ago, the threat to the preservation of life on Earth, the common heritage of humankind, and to peace was broadly felt. These topics have been consequently addressed within the UN system, including for the benefit of ensuring, as stated in the Declaration, “the conditions of equitable, sustainable and universal socio-economic development of future generations, both in its individual and collective dimensions” [2] Particular emphasis was placed in the Declaration also on non-discrimination, requiring current generations to refrain from taking any action or measure which would have the effect of leading to or perpetuating any form of discrimination for future generations.

It is now on us! How can we make a meaningful contribution to these commitments? And where to begin in putting intergenerational justice, fairness, or equity into practice to achieve our desired impact? It is certain that when we think about future generations, we cannot limit ourselves to answer with current approaches to challenges and opportunities. In fact, we have to proactively abstract from today’s solutions to make sure we do not concentrate on immediate threats only, including innovations that stem from technology. We also cannot rely on a determined policy cycle or a defined timeline, but rather should extend our view towards a truly long-term scenario, conscious of the uncertainty. Our old patterns and ways-of-doing are insufficient to explain or plan for what comes next.

UNESCO and other stakeholders invite you to unleash collective thinking about multiple futures, capture narratives from across current generations and nurture a dialogue to identify pathways of change. This intrinsically calls for an openness to move away from a typical short-term problem-solving attitude towards more imagination – considering the wider array of “possible” rather than just “probable” futures. In this way, we can take advantage of approaches and tools that can help us overcome the resistance to new paradigms and thought patterns, and ultimately to counterbalance our natural attitude towards risk-aversion [3] This is based on the conviction that “intergenerationally fair” scenarios and related policy efforts have to meet the needs of the present without compromising at the same time the ability of future generations to meet their own needs. [4]

Perhaps the most beneficial conditions we can offer to future generations relate to capabilities to access an expansive array of systems, processes, purposes, and modes for relating to their own futures. [5] Such capabilities could give present and future generations “greater hope and confidence in their abilities to enter unknown futures, to greet uncertainty and complexity as resources rather than threats, and to thrive in whatever kind of world in which they may find themselves”. [6] One could imagine several capabilities, abilities, skills and competences worth to be trained both at an individual level or in a group setting that may be beneficial to developing an mindset that that takes into account intergenerational equity and solidarity. In a recent project, UNESCO, in collaboration with UN Global Pulse, has identified such an approach with seven areas which require exercising an array of anticipatory processes while considering complexity, uncertainty, and any actor’s positionality in relation to others. These seven identified focal areas are:

• Preparation and Planning
• Appreciating Novelty
• Temporal Empathy
• Intercultural Awareness
• Enabling Agency
• Long-Term Futuring
• Advancing Equitability.[7]

Thanks to a collection of ready-to-use futures tools around these focal areas, we can learn to become more familiar with our assumptions and biases, become more aware of our ‘blind spots’, and ultimately enable more inclusive decision-making. Adopting such tools with rights-based approaches in the inception, design or implementation of any policy will ultimately take better consideration of rights-holders and improve the capacities of duty-bearers. We are invited to hop on board, and to experience the journey to go beyond dominant paradigms and empower our own futures thinking abilities thanks to actively engaging with sources shaping different images of the future. By “using the future to rethink the present”, [8] as we say at UNESCO, it becomes possible to detect whether our scenarios or policy design restrict the choices available to future generations, or if they allow for a meaningful democratization and decolonization of futures processes instead.

It is the proactive response to work towards building resilience alongside transformative leadership, which allows diversity and participation to thrive.

1. Records of the UNESCO General Conference, 29th Session, Declaration on the Responsibilities of the Present Generations Towards Future Generations, UNESCO, 1997, Article 1 (Needs and interests of future generations), available here.
2. Ibid, Article 10 (Development and education).
3. UN Futures Lab, UN Strategic Foresight Guide (2023), available here.
4. Report of the World Commission on Environment and Development: Our Common Future, United Nations General Assembly, 1987, p. 16, available here.
5. What UNESCO has called “Futures Literacy”.
6. UNESCO and UN Global Pulse, Inception Report, “Futures of Intergenerational Equity: Growing Our Capabilities to Act Responsibly Toward Future Life” (2023), page 14, available here.
7. See the project page here.
8. Find more information about UNESCO’s capability-based approach to futures here.

Escazú Agreement

The third meeting of the Conference of the Parties of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement) (COP3) took place between 22 to 24 April 2024 at the Economic Commission for Latin America and the Caribbean (ECLAC) Headquarters in Santiago, Chile. The States Parties approved the Action Plan on Human Rights Defenders in Environmental Matters, a road map that seeks to highlight a set of priority areas and implement strategic measures to advance towards the full and effective implementation of article 9 of the Escazú Agreement on human rights defenders in environmental matters. The cross-cutting implementation of gender, intergenerational and intercultural approaches will be encouraged in the different priority areas and strategic measures of the Action Plan.

Article 9 of the treaty establishes, among other things, that each Party shall guarantee a safe and enabling environment for human rights defenders in environmental matters to act free of threats, restrictions and insecurity. Parties must also take measures to recognize, protect and promote their rights and prevent, investigate and sanction attacks, threats or intimidation.

Countries also decided to continue holding forums on human rights defenders in environmental matters in Latin America and the Caribbean in 2025 and every two years thereafter. Dominica officially became the 16th State Party to the Escazú Agreement, joining Antigua and Barbuda, Argentina, Belize, Bolivia, Chile, Ecuador, Grenada, Guyana, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Uruguay. COP3 of the Escazú Agreement brought together more than 700 people on site, between delegations from the 15 States Parties and nine observer countries; members of the public, including numerous young people and representatives of Indigenous Peoples; and officials from the United Nations and international organizations. Parties were invited to host the next ordinary meeting of the Escazú Agreement COP which will take place from 22 to 24 April 2026.

ASEAN

Pursuant to the decision of the 27th ASEAN Intergovernmental Commission on Human Rights (AICHR) in 22 to 26 May 2023 in Bali, Indonesia, the ASEAN Environmental Rights Working Group (AER Working Group) was established, tasked with the development of a regional framework on environmental rights. Five meetings of the AER Working Group have taken place, the last one on 1-2 July 2024, in Kuala Lumpur, Malaysia. Over the course of two-day meeting, the Working Group agreed on the final draft Declaration for submission to AICHR for consideration at the upcoming Special Meeting of AICHR 1/2024 to be held during 23-26 July 2024, in Vientiane, Lao PDR. In previous meetings, the Working Group had agreed to continue developing the document as an ASEAN declaration on the right to a safe, clean, healthy and sustainable environment, a draft of which from March 2024 can be found here and was subject to consultation. The Working Group has been exchanging views on the procedural and substantive elements relevant to the realization of the rights to a safe, clean, and sustainable environment in ASEAN

Council of Europe

The Council of Europe Drafting Group on Human Rights and Environment (CDDH-ENV) met from 19 - 21 March 2024 to finalize a draft report on the need for and feasibility of a new instrument on the right to a healthy environment for the Steering Committee for Human Rights. Following the ECtHR’s ruling in KlimaSeniorinnen, an online meeting was held to reassess the report. The Bureau of the CDDH decided to extend the deadline for the feasibility study until 31 December 2024.

The High Commissioner for Human Rights, Volker Turk, has called for the Council of Europe to adopt a new legally binding instrument on the right to a healthy environment, recognizing it as an autonomous right in the region. Further, a coalition of over 470 organizations across Europe has signed a petition advocating for an optional protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which would formally recognize the human right to a clean, healthy, and sustainable environment.

Last year, from 24 - 27 October 2023, a retreat among key stakeholders was organized, with the support of UNEP, aimed to foster a collective vision and leadership among a broader range of organizations and constituencies in support of the campaign advocating for the legal protection of the right to a clean, healthy, and sustainable environment through an additional protocol to the ECHR.

Summit of the Future

The UN General Assembly will be convening a “Summit of the Future: Multilateral solutions for a better tomorrow” on 22-23 September 2024. The Summit is tasked with the adoption of an action-oriented Outcome Document called the “Pact for the Future”. The co-facilitators of the Summit – Germany and Namibia – have released the publication of the zero draft of the Pact for the Future and intergovernmental negotiations are currently ongoing.

One of the other expected outcomes of the Summit is the Declaration on Future Generations, with the aim to give voice to the interests of the future generations in decision making. The co-facilitators of this intergovernmental process – the Netherlands and Jamaica – announced the release of the zero draft in March 2024. Once agreed, this Declaration will be annexed to the Pact for the Future and become a key outcome of the Summit. Under negotiation is also the Global Digital Compact which aims to establish an inclusive global framework, essential for multi-stakeholder action required to overcome digital, data and innovation divides.

CBD COP16 and subsidiary bodies

The 16th meeting of the Conference of the Parties (COP16) to the Convention on Biological Diversity (CBD) will convene from 21 October to 1 November 2024 in Cali, Colombia. COP16 will mark the first Biodiversity COP following the adoption of the Kunming-Montreal Global Biodiversity Framework at COP15 in December 2022 in Montreal, Canada.

During COP16, governments will assess the progress of implementing the Kunming-Montreal Global Biodiversity Framework. Parties to the Convention are anticipated to demonstrate the integration of their National Biodiversity Strategies and Action Plans (NBSAPs) with the Framework. Additionally, COP16 will focus on enhancing the monitoring framework and advancing resource mobilization for the Global Biodiversity Framework. It will also finalize and operationalize the multilateral mechanism on the fair and equitable sharing of benefits from the use of digital sequence information on genetic resources.

Earlier in the year, during the 26th meeting of the CBD Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA), OHCHR, UNEP, UNDP and other partners collaborated for the “Launch of the Environment Management Group (EMG) Guidance on Integrating Human Rights in National Biodiversity Strategy and Action Plans (NBSAPs)”. The event presented an updated Guidance, seeking to support States, policymakers, stakeholders, and UN Country Teams in integrating human rights into NBSAPs in line with the Global Biodiversity Framework and its commitment to implementation that respects, protects, promotes and fulfils human rights.

UNFCCC COP29

The 29th Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC COP29) will be held from 11 to 22 November 2024 in Baku, Azerbaijan. COP28 initiated the COP Presidencies Troika, a collaboration among UAE, Azerbaijan (COP29 Presidency) and Brazil (COP30 Presidency), aimed at enhancing cooperation among current and future COP Presidencies to boost climate action aligned with ‘Mission 1.5°C’. The Troika will serve as a platform for the three Presidencies to work together until COP30 to raise ambition under the Paris Agreement in accordance with the UAE Consensus of Dubai. The Letter to Parties outlining the ‘Roadmap to Mission 1.5°C’ is available here. Critical issues with important human rights implications to be discussed at COP29 include climate finance, mechanisms for international cooperation under Article 6 of the Paris Agreement, just transition, mitigation, adaptation, loss and damage, and gender equality.

INC-5

The fifth session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-5), is scheduled to take place from 25 November to 1 December 2024 at the Busan Exhibition and Convention Center in Busan, Republic of Korea. This meeting is being held pursuant to the resolution adopted by the resumed fifth session of the UN Environment Assembly (UNEA-5.2), which requests UNEP’s Executive Director to convene an INC to develop an international legally binding instrument on plastic pollution. The INC began its work in the second half of 2022 and aims to complete its work by the end of 2024.

UNCCD COP16

The 16th session of the Conference of the Parties (UNCCD COP16) of the United Nations Convention to Combat Desertification (UNCCD) will be held in Riyadh, Saudi Arabia, from 2 to 13 December 2024. This is the first UNCCD COP to be held in the Middle East region. This year also marks as the UNCCD’s 30th anniversary. At COP16, the focus areas for negotiations will be land restoration until 2030, drought resilience, sand and dust storms resilience, nature-positive food production, women’s land rights, and youth engagement. For more information, please see the COP16 narrative.