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A. Draft resolution
(open)
B. Draft recommendation
(open)
Report | Doc. 15353 | 26 August 2021
The climate crisis and the rule of law
Committee on Social Affairs, Health and Sustainable Development
Summary
The Paris Agreement and the United Nations Sustainable Development Goals have contributed to solidifying the commitments against global overheating. We must not only aim for the preferred target of 1.5°C to limit the temperature increase, but also adopt the “Zero Net Emission Goal” at the invitation of UN Secretary-General, Mr António Guterres. The Council of Europe is expected to play its role to ensure that the weakest will not be the first victims of the climate crisis. More than ever, it must stand with the member States, support the capacity of institutions to withstand threats, and anticipate a profoundly transformed society. Parliamentarians have a duty to strengthen climate resilience in accordance with human rights, democracy and the rule of law. This report explores creative solutions such as the Green New Deal. It proposes the launch of a network of parliamentarians to exchange on good practices, experiment, and act together to accompany a change in mentality.
A. Draft resolution 
(open)1. Thirty years of reports by
the Intergovernmental Panel on Climate Change (IPCC) have helped
to establish a broad scientific consensus on the severity of the
climate crisis, acknowledging that irreversible changes have occurred
under human influence. We face a local, national, regional and global
challenge, which requires everyone to play their part.
2. The Council of Europe and the Parliamentary Assembly had occasion,
very early on, to take action to combat this threat to human rights
and humankind in its entirety. The Assembly refers to Principle
1 of the Stockholm Declaration (1972), which states: “Man has the
fundamental right to freedom, equality and adequate conditions of
life, in an environment of a quality that permits a life of dignity
and well-being, and he bears solemn responsibility to protect and
improve the environment, for present and future generations”.
3. The Assembly intends, pursuant to the commitments it made
in the context of the United Nations Framework Convention on Climate
Change and the Paris Agreement, to help to develop climate resilience. This
must equip our societies to cope with the blows and the threats
that global overheating deals us, both from the outside and from
the inside, through its work to promote the rule of law, meaning
the supremacy of law, equality before the law, accountability to
the law, fairness in the application of the law, separation of powers, participation
in decision making, legal certainty, avoidance of arbitrariness,
and transparency.
4. The Assembly urges the Council of Europe member States, while
securing everyone’s dignity and well-being to:
4.1. adopt the aim of “net zero emissions”,
based on clear and credible plans to meet commitments to keep the
global temperature increase in line with the preferred objective
of the Paris Agreement, amounting to an increase in average temperatures
of 1.5°C;
4.2. continue to take a holistic approach combining economic,
social and political development and environmental protection, in
a spirit of equality and solidarity of purpose, as it had already
invited them to do so in its Resolution 1292
(2002) “World Summit on Sustainable Development: ten years
after Rio”. It invites them therefore to make widespread use of
assessments of the environmental impact of public policies at local,
national and regional level, incorporating economic, social and
political criteria and supporting the undertakings made under the
Paris Agreement;
4.3. launch, in response to the Covid-19 pandemic and as quickly
as possible, ambitious recovery programmes respecting the limit
of 1.5°C set by the Paris Agreement;
4.4. schedule, as soon as possible, parliamentary debates on
the nationally determined contributions, so as to share information,
in full transparency, on the national ambitions arising from the
preferred objective set by the Paris Agreement;
4.5. exercise the utmost caution and restraint when adopting
measures that might necessitate derogation from the European Convention
on Human Rights (ETS No. 5), and before doing so, explore every
possibility for responding to the emergency situation using normal
measures (see Resolution 2209 (2018) «State of emergency: proportionality issues concerning
derogations under Article 15 of the European Convention on Human
Rights»).
5. The Assembly calls on Turkey to join the international consensus
by ratifying the Paris Agreement.
6. The Assembly emphasises the importance of the involvement
of parliaments. Renewing the ground-breaking commitment to combating
the climate crisis which it made through Resolution 1292
(2002), it calls for the establishment of a parliamentary network
operating under its auspices. Its task will be to monitor the action taken
by the national authorities to honour the strong commitments they
have made vis-à-vis the climate crisis while fostering the mutual
enrichment of ideas and setting up regular opportunities for parliamentarians
in Europe and on other continents to pool their experience.
B. Draft recommendation
(open)1. The Parliamentary Assembly
refers to its Resolution … (2021) “The climate crisis and the rule
of law”. The Earth has entered the Anthropocene Era and irreversible
changes have been made. Despite the strong commitments made in connection
with the United Nations Framework Convention on Climate Change and
the Paris Agreement, the possibility of a doomsday scenario cannot
be ruled out. The climate crisis is a local, national, regional,
and global challenge, which humankind must face up to.
2. The climate crisis is a systemic threat, which puts institutions
and societies to the test. It questions our ability to react to
risks and vulnerabilities which were not seen in time for what they
really were. Like the Covid-19 pandemic, this crisis amplifies the
effects of other crises, namely those of society, the economy and democracy.
3. The Assembly is convinced that the Council of Europe can help
to establish climate resilience in the face of global overheating
by drawing on the rule of law, democracy and human rights. The rule
of law orchestrates the capacity of institutions to play their role
with due regard for the separation of powers and when faced with adversity.
The Assembly invites the Committee of Ministers to reincorporate
the task of protecting the environment into the Council of Europe’s
intergovernmental activities as a matter of priority.
4. Bearing in mind the huge changes in mentalities and attitudes
required to meet the challenge of the climate crisis, the Assembly
solemnly emphasises the scale of the efforts required. The last
ways of tackling the climate crisis will have to be attempted over
the next nine years because it may be too late afterwards. Consequently,
the Assembly calls on the Organisation to mobilise every partner,
at local, national, regional and world levels, to make these changes
promptly and to share the results of their experimentation.
5. The Assembly recommends that the Committee of Ministers:
5.1. incorporate sustainable development
and climate crisis-tackling objectives into all of the Council of
Europe’s activities and operations, including when preparing strategies
and action plans;
5.2. encourage Council of Europe partners, whether from the
public or private sector, to implement the States’ commitments with
regard to the reduction of greenhouse gas emissions;
5.3. assess and limit the Council of Europe’s environmental
impact at local, national, regional, and international levels so
as to enhance its sustainability.
C. Explanatory memorandum by Ms Edite Estrela, rapporteur
(open)1. Introduction
1. In a bid to tackle the climate
crisis, the international community committed itself to a number
of targets by approving the Sustainable Development Goals (SDGs)
in September 2015 and signing the Paris Agreement in December of
the same year. United Nations Secretary General, Mr António Guterres,
has placed sustainable development goals among the three strategic
priorities of his mandate. Under the Paris Agreement, 196 countries
and territories recognised by the United Nations are committed to
beginning a long-term transition and addressing the challenge of
global warming. The United States joined the Agreement again in
February 2021. In Europe, Turkey is the last State not to have ratified
it.
2. With the arrival of the Covid-19 pandemic, the world is facing
the worst health catastrophe since the Spanish flu of 1918. Given
the situation, the organisers of the United Nations Climate Change
Conference (COP26) have opted to postpone by one year
the meeting originally scheduled for December 2020 in Glasgow so
as to hold a truly meaningful meeting, give delegates time to clarify
their objectives and review the “nationally determined contributions”.
On the occasion of the 5th anniversary
of the Paris Agreement, António Guterres called on all the stakeholders
to pursue the highest possible ambitions at the next COP26. Already in 2018, in its annual report
on the environment, the United Nations regretted that “weak enforcement
[was] a global trend that [was] exacerbating environmental threats,
despite a 38-fold increase in environmental laws since 1972”.
have opted to postpone by one year
the meeting originally scheduled for December 2020 in Glasgow so
as to hold a truly meaningful meeting, give delegates time to clarify
their objectives and review the “nationally determined contributions”.
On the occasion of the 5th anniversary
of the Paris Agreement, António Guterres called on all the stakeholders
to pursue the highest possible ambitions at the next COP26. Already in 2018, in its annual report
on the environment, the United Nations regretted that “weak enforcement
[was] a global trend that [was] exacerbating environmental threats,
despite a 38-fold increase in environmental laws since 1972”.3. And so, a potential doomsday scenario caused by global warming
remains a real challenge. As the UK daily newspaper, The Guardian suggests, climate crisis
is a more accurate term than climate change to reflect the true
seriousness of the situation. Laurent Fabius, former
President of the COP21, preferred the term “bouleversement
climatique” (climate upheaval) since the situation is
unprecedented and under no circumstances can we revert to the previous
status quo. Many cities have
declared a climate emergency in Europe. They were followed by the Scottish,
Welsh and UK Parliaments in a non-binding resolution in May 2019.
Pope Francis declared a state of climate emergency in June 2019
and called for sweeping reforms. The European Parliament adopted
a resolution in November 2019, declaring a climate and environmental emergency
in Europe and in the world.
former
President of the COP21, preferred the term “bouleversement
climatique” (climate upheaval) since the situation is
unprecedented and under no circumstances can we revert to the previous
status quo. Many cities have
declared a climate emergency in Europe. They were followed by the Scottish,
Welsh and UK Parliaments in a non-binding resolution in May 2019.
Pope Francis declared a state of climate emergency in June 2019
and called for sweeping reforms. The European Parliament adopted
a resolution in November 2019, declaring a climate and environmental emergency
in Europe and in the world.4. Even if the worst scenario – the planet heating up by more
than 1.5-2°C – could still be avoided (and this is by no means certain),
far-reaching changes to our societies are taking place. In the Arctic,
for example, Greenland’s ice sheet is melting at an unprecedented
rate, resulting in a rise in sea levels. The scientific community warns that
worldwide greenhouse gas emissions must be halved by 2030 and net
zero carbon must be achieved by 2050. The new decade we entered
this year will be decisive. We are faced with a systemic danger:
it will put our institutions to the test by challenging their ability
to develop “climate resilience” so as to equip our societies against
the risks and vulnerabilities whose urgency we have been unable
or unwilling to recognise in time.
The scientific community warns that
worldwide greenhouse gas emissions must be halved by 2030 and net
zero carbon must be achieved by 2050. The new decade we entered
this year will be decisive. We are faced with a systemic danger:
it will put our institutions to the test by challenging their ability
to develop “climate resilience” so as to equip our societies against
the risks and vulnerabilities whose urgency we have been unable
or unwilling to recognise in time.5. The United Nations defines the rule of law as the supremacy
of law, equality before the law, accountability to the law, fairness
in the application of the law, separation of powers, participation
in decision-making, legal certainty, avoidance of arbitrariness,
and procedural and legal transparency. For the French writer and lawyer
François Sureau: “The rule of law, in terms of its principles and
organs, was designed so that neither the desires of the government
nor the fears of the people should override the foundations of public order,
and first and foremost freedom.” Together with human rights and democracy,
it forges society’s resilience in the face of blows and threats,
whether external or internal, and is a fundamental pillar of the
values that unite the member States of the Council of Europe.
For the French writer and lawyer
François Sureau: “The rule of law, in terms of its principles and
organs, was designed so that neither the desires of the government
nor the fears of the people should override the foundations of public order,
and first and foremost freedom.” Together with human rights and democracy,
it forges society’s resilience in the face of blows and threats,
whether external or internal, and is a fundamental pillar of the
values that unite the member States of the Council of Europe.6. In the environmental sphere, the rule of law “offers a framework
for addressing the gap between environmental laws on the books and
in practice and is key to achieving the Sustainable Development Goals”. This report will begin by examining
the threats and vulnerabilities, before describing the tools that already
exist to back up our conception of the rule of law. Lastly,
it will give an overview of the avenues that the Council of Europe
should explore in order to support its member States and other countries.
This report will begin by examining
the threats and vulnerabilities, before describing the tools that already
exist to back up our conception of the rule of law. Lastly,
it will give an overview of the avenues that the Council of Europe
should explore in order to support its member States and other countries.7. In December 2020, the UN Secretary-General issued a wake-up
call, urging leaders to declare a state of climate emergency until
carbon neutrality was reached. The Assembly has already had occasion
to express its views on emergency laws in its Resolution
2209 (2018) “State of emergency: proportionality issues concerning
derogations under Article 15 of the European Convention on Human
Rights”. In this crisis, the Council of Europe will retain a
monitoring role. The worst environmental disasters have given rise
to the most effective legal tools; it is highly likely that innovative
approaches will be needed to meet the challenges of the climate
crisis. The current situation is not favourable for the environment.
However, the Covid-19 pandemic has shown that change is possible
and that we can look critically at the way we behave as individuals.
It reminds us that even though our generations have been relatively
spared up to now, today we are facing an unprecedented situation
and we know that we will have to rise to the challenges that are
undoubtedly ahead of us. It is still possible to overcome these
challenges, even though rising temperatures could claim more victims
than all active epidemics combined.
8. The climate crisis threatens all the progress made since the
Second World War. My aim, in this report, is to alert my fellow
parliamentarians to the extent of the efforts and changes in mentality
and attitudes needed not only to tackle the climate crisis and honour
the international commitments entered into by the member States,
but above all to demonstrate that we care about future generations
and are preparing for the future within the time limits set by our
respective electoral mandates. Above all, we must keep our hopes
up, as new ideas arise every day on how to combat global warming.
More than ever, the Council of Europe will be called upon to pursue
its mission to defend not only the rule of law, but also human rights
and democracy. It must, alongside its member States, assist the
relevant institutions in their ability to resist threats and look
ahead to a profoundly transformed society without any regression
of rights. With a history of more than 70 years during which it
has helped to bring about profound changes in mentalities and attitudes,
the Council of Europe has a role to play in helping to create new
instruments for climate resilience while at the same time ensuring
that those who are weakest are not left unprotected.
9. As part of my work as rapporteur, a public hearing by videoconference
was organised by the Committee on Social Affairs, Health and Sustainable
Development on 6 July 2020 attended by Mr Robert Vautard, member
of the IPCC (Intergovernmental Panel on Climate Change) and Director
of the Pierre-Simon Laplace Institute attached to the University
of Versailles Saint-Quentin, and Mr Paweł Wargan, co-ordinator of
the coalition of political parties “New Green Deal for Europe.”
2. Cumulative threats to the rule of law
10. In Europe, both urban and rural
areas will suffer the effects of rapid climate change: rising sea
levels, higher temperatures and water scarcity. According to a ranking
of cities threatened by rising sea levels published by Nestpick, Amsterdam and Cardiff in Europe are
among the ten most threatened cities in the world. As early as 2002
at the Earth Summit, Jacques Chirac warned that “our house is burning,
and we look away”. In January 2020, 175,000 inhabitants of Jakarta
were displaced by torrential rains that ravaged the Indonesian capital. A billion people could face insufferable
temperatures within 50 years and each year, devastating fires
destroy thousands of natural habitats around the world, particularly
in Australia, Brazil and California. Exceptional climate events
are ever more recurrent. The effects will be felt by both rich and
poor, but most keenly by the poorest and most vulnerable.
Amsterdam and Cardiff in Europe are
among the ten most threatened cities in the world. As early as 2002
at the Earth Summit, Jacques Chirac warned that “our house is burning,
and we look away”. In January 2020, 175,000 inhabitants of Jakarta
were displaced by torrential rains that ravaged the Indonesian capital. A billion people could face insufferable
temperatures within 50 years and each year, devastating fires
destroy thousands of natural habitats around the world, particularly
in Australia, Brazil and California. Exceptional climate events
are ever more recurrent. The effects will be felt by both rich and
poor, but most keenly by the poorest and most vulnerable.11. The temporary drop in global greenhouse gas emissions caused
by the abrupt halt in human activities as a result of Covid-19 should
not cause us to lose sight of this high priority. The current situation
is not a favourable one for the environment, even if it offers an
apparent respite. There have been some backward steps
in environmental regulations. In the United States, the previous
administration decided to suspend all regulations that could hamper
economic recovery: all federal environmental lawsuits
were dropped. There have been calls for similar moves in Europe
as well.
There have been some backward steps
in environmental regulations. In the United States, the previous
administration decided to suspend all regulations that could hamper
economic recovery: all federal environmental lawsuits
were dropped. There have been calls for similar moves in Europe
as well.12. The statements of the experts of the Intergovernmental Panel
on Climate Change (IPCC) speak for themselves. With 30 years of
experience, the IPCC has, on the strength of its methods, established
itself as the reference authority on global warming. It was awarded
the Nobel Peace Prize in 2007 for its work, alongside former US
Vice-President Al Gore.
13. We now know that irreversible changes have taken place as
a result of human activity. The scenarios put forward by the scientific
community point towards strategies to limit the effects of those
changes. The level of greenhouse gases already in the atmosphere
is causing an unrelenting and perhaps irreversible warming of the
atmosphere. As a result of human influence, we see not only migration,
but also the possible extinction of animal and plant species. The IPCC has begun its sixth assessment
cycle, which should be completed by mid-2022 when the Paris Agreement
is due to publish its first compilation of the efforts made by the
various countries. This compilation should include an overview of
the monitoring of the implementation of the SDGs by the States Parties.
The IPCC has begun its sixth assessment
cycle, which should be completed by mid-2022 when the Paris Agreement
is due to publish its first compilation of the efforts made by the
various countries. This compilation should include an overview of
the monitoring of the implementation of the SDGs by the States Parties. 14. The United Nations Framework Convention on Climate Change
(UNFCCC), which came into force 26 years ago, lays down the legal
framework for international co-operation on climate change and organises
the Earth Summits. In the words of the COP24 president, Michał Kurtika,
it provides “a well-designed framework for global climate action
for all, respecting national sovereignty but able to gradually ramp
up global ambition.” It establishes an interface between
the scientific community (represented by the IPCC) and States, through
the Conference of the Parties (COP). Its Subsidiary Body for Implementation
(SBI) is responsible for assessing the nationally determined contributions
(NDCs), namely the individual efforts of the Parties to limit themselves
to an increase of 2°C or to move towards the preferred 1.5°C target.
Civil society will be called upon to play a key role in putting
pressure on States.
It establishes an interface between
the scientific community (represented by the IPCC) and States, through
the Conference of the Parties (COP). Its Subsidiary Body for Implementation
(SBI) is responsible for assessing the nationally determined contributions
(NDCs), namely the individual efforts of the Parties to limit themselves
to an increase of 2°C or to move towards the preferred 1.5°C target.
Civil society will be called upon to play a key role in putting
pressure on States.15. The IPCC’s objective for 2022 is to collate the information
collected from each country in order to assess whether all the efforts
are consistent with the agreed objectives. The current objectives,
which were set when the Paris Agreement was signed, anticipate a
warming of 3.5°C by 2100. China’s recent announcement (on 22
September 2020) that it will reach carbon neutrality “by 2060” reduces
the anticipated rise by 0.3°C, to 3.2°C. However, this is still a dangerous
degree of global warming. Until now, the Earth has warmed by an average
of 1.1°C since the 19th century.
China’s recent announcement (on 22
September 2020) that it will reach carbon neutrality “by 2060” reduces
the anticipated rise by 0.3°C, to 3.2°C. However, this is still a dangerous
degree of global warming. Until now, the Earth has warmed by an average
of 1.1°C since the 19th century.16. It should be noted that temperature changes are not spread
uniformly. For instance, the northern hemisphere has warmed more
quickly than the southern hemisphere. Temperatures on land have
increased more quickly than in the oceans. Because of ice melt and
the absorption of heat by the oceans, the largest changes are located
in higher latitudes. Whereas the world average is 1.1°C, Europe
has warmed by 2.3°C and the Arctic by 3°C. If the Arctic warms up more, there
is a risk that the carbon and methane locked in the permafrost will
be released, causing further temperature rises. The Arctic seabed
houses incalculable quantities of methane, bound up in the form
of clathrates. If it is released, then global warming
will be irreversible and human civilisation will be finished. Pessimism
is beginning to enter the thoughts of the IPCC.
and the Arctic by 3°C. If the Arctic warms up more, there
is a risk that the carbon and methane locked in the permafrost will
be released, causing further temperature rises. The Arctic seabed
houses incalculable quantities of methane, bound up in the form
of clathrates. If it is released, then global warming
will be irreversible and human civilisation will be finished. Pessimism
is beginning to enter the thoughts of the IPCC.17. Robert Vautard, climatologist and member of the IPCC,
believes that we will have to get used to the high temperatures
that will become even more intense in the future. The
IPCC’s conclusions are particularly alarmist for the period up to
2100, or even as early as 2070. They point to a warming of up to
6-7°C if greenhouse gas emissions are not reduced. If this happens,
Europe would be ravaged by heat waves, cyclones and dust storms.
“Only one of the socio-economic scenarios ([...] marked by strong
international co-operation and giving priority to sustainable development),
would make it possible to remain below the 2°C warming target, at
the cost of very substantial mitigation efforts and a temporary
overshooting of this target over the course of the century.” The report underlines the fact that
any delay in the implementation of measures makes the most ambitious
scenarios purely hypothetical.
climatologist and member of the IPCC,
believes that we will have to get used to the high temperatures
that will become even more intense in the future. The
IPCC’s conclusions are particularly alarmist for the period up to
2100, or even as early as 2070. They point to a warming of up to
6-7°C if greenhouse gas emissions are not reduced. If this happens,
Europe would be ravaged by heat waves, cyclones and dust storms.
“Only one of the socio-economic scenarios ([...] marked by strong
international co-operation and giving priority to sustainable development),
would make it possible to remain below the 2°C warming target, at
the cost of very substantial mitigation efforts and a temporary
overshooting of this target over the course of the century.” The report underlines the fact that
any delay in the implementation of measures makes the most ambitious
scenarios purely hypothetical.18. We must not underestimate the efforts required to honour the
commitments entered into. Public policies will have to not only
attenuate and prevent the effects of the climate crisis, but also
enable society to adapt. The goal of becoming carbon neutral by
2050 will bring with it radical changes for and a reinvention of
our societies, towns, coastlines and countryside. For CO2 alone,
we in Europe will have to cut our emissions eight-fold and double
our absorption capacities. The task is rendered even more complex
by the need to take action on all greenhouse gases and their sources,
taking into account the impact of ever more sectors of human activity
that generate pollution.
19. In its 2018 report, the IPCC said that, to limit global warming
to below or close to 1.5°C, net emissions would have to be cut by
around 45% by 2030 and brought down to 0% in 2050. Even to limit
global warming to less than 2°C, CO2 emissions
would have to be cut by 25% by 2030 and by 100% by 2075. The IPCC continues
its work, and published its first special report, in August 2019,
on the links between climate change, desertification, land degradation,
sustainable land management, food security and greenhouse gas fluxes
in terrestrial ecosystems. Climate upheaval obliges us to find a
way to strike a new balance.
20. A risks-based approach must lie at the heart of public policies.
We are faced with threats, stemming not only from the cumulative,
combined and knock-on impact of the direct effects of rapid global
warming, but also from the implications of the solutions under consideration.
These are dangers that have long been underestimated. It is likely
that the colonisation of natural sanctuaries is responsible for
the transmission of Covid-19 from animals to humans, as studies
on other zoonoses (Ebola, HIV, anthrax, plague, etc.) have shown,
and the melting of permafrost in Siberia could release other pathogens.
21. Discussions on the climate crisis have paved the way for the
concept of “avoided costs”, which makes it possible, on the basis
of impact analyses, to guard against the various direct and indirect
effects, while at the same time, seeking ways to protect against
global warming. This has revived the concept of “amenity” or “wilderness”,
with reference to the work of the poet, John Muir, and the creation
in the United States of the National Wilderness Preservation System.
Nature conservation will be a determining factor in the fight against global
warming. Protected areas already cover 15% of the Earth’s surface,
not including Antarctica, and are continuing to spread. The
equivalent of 30 Yellowstone Parks are already scheduled to be set
up by 2030, in Europe alone.
and are continuing to spread. The
equivalent of 30 Yellowstone Parks are already scheduled to be set
up by 2030, in Europe alone.22. “Rewilding” (“réensauvagement”) is one of the new tools which may
fuel strategies to preserve biodiversity. It provides spectacular signs of
hope and illustrates how humankind and wildlife can co-exist through
highly varied techniques, ranging from the reintroduction of species
to completely relinquishing control. Its aim is to allow nature
to develop entirely freely again despite the presence of humans.
Besides its impact on conservation, it means the return of forgotten
wild species in the countryside and of nature in the heart of cities
for the benefit of all. It gives us a chance, as John Muir put it
during his time, to rethink our relationship with nature. António
Guterres talks of “making peace with nature.” Of course, none of this will be possible unless
we encourage people to pool their experience and share good practices.
is one of the new tools which may
fuel strategies to preserve biodiversity. It provides spectacular signs of
hope and illustrates how humankind and wildlife can co-exist through
highly varied techniques, ranging from the reintroduction of species
to completely relinquishing control. Its aim is to allow nature
to develop entirely freely again despite the presence of humans.
Besides its impact on conservation, it means the return of forgotten
wild species in the countryside and of nature in the heart of cities
for the benefit of all. It gives us a chance, as John Muir put it
during his time, to rethink our relationship with nature. António
Guterres talks of “making peace with nature.” Of course, none of this will be possible unless
we encourage people to pool their experience and share good practices.23. The whole of biodiversity and all natural habitats are in
peril. A recent study, published in Nature, reveals that there has
been an abrupt, widespread and alarming decline in marine vertebrate
species, amounting to 70% since 1970. Climate change, combined with habitat
destruction and the introduction of invasive species, has led to
a huge rise in the number of species threatened with extinction.
This is what the journalist, Elizabeth Kolbert, calls the “sixth
extinction.” Wild
animal species now account for less than 5% of the world’s land mammals. Currently, over
half of the world’s amphibians, a third of its reef-building corals,
molluscs and freshwater sharks, a quarter of its mammals, a fifth
of its reptiles and a sixth of its birds are critically endangered,
and an international study by the Royal Botanic Gardens, Kew, has
shown that 40% of plant species are at risk of extinction.
Climate change, combined with habitat
destruction and the introduction of invasive species, has led to
a huge rise in the number of species threatened with extinction.
This is what the journalist, Elizabeth Kolbert, calls the “sixth
extinction.” Wild
animal species now account for less than 5% of the world’s land mammals. Currently, over
half of the world’s amphibians, a third of its reef-building corals,
molluscs and freshwater sharks, a quarter of its mammals, a fifth
of its reptiles and a sixth of its birds are critically endangered,
and an international study by the Royal Botanic Gardens, Kew, has
shown that 40% of plant species are at risk of extinction. 24. In 2019, the UN Special Rapporteur on Extreme Poverty and
Human Rights, Philip Alston, warned against the “risk of ‘climate
apartheid’, where the rich pay to escape heat and hunger caused
by the escalating climate crisis while the rest of the world suffers.” The Covid-19 pandemic has wreaked
havoc on public services and revealed the weaknesses of the prevailing
economic model. The temptation to seek to launch an economic recovery
based on austerity measures such as those which followed the 2008
financial crisis would have disastrous effects on the efforts needed
to tackle the climate crisis. The realisation that a significant proportion
of the population had not benefited from the fruits of globalisation
has revealed an underestimated form of vulnerability, climate vulnerability.
There are already 50 to 60 million people suffering from “energy poverty”
in the European Union. In 2018, the European Commission, acknowledging
this worrying situation, launched the European Energy Poverty Observatory.
The Covid-19 pandemic has wreaked
havoc on public services and revealed the weaknesses of the prevailing
economic model. The temptation to seek to launch an economic recovery
based on austerity measures such as those which followed the 2008
financial crisis would have disastrous effects on the efforts needed
to tackle the climate crisis. The realisation that a significant proportion
of the population had not benefited from the fruits of globalisation
has revealed an underestimated form of vulnerability, climate vulnerability.
There are already 50 to 60 million people suffering from “energy poverty”
in the European Union. In 2018, the European Commission, acknowledging
this worrying situation, launched the European Energy Poverty Observatory. 25. The climate upheaval offers a new perspective on inequalities
and protection through law. Because of its cross-cutting nature,
it raises questions about the inevitable clash between autonomously
developed sectors of law. In 2012, when Hurricane Sandy hit New
York City, the Goldman Sachs Bank bought tens of thousands of sandbags
to protect its headquarters and employees while the inhabitants
of the poorest neighbourhoods were exposed to the elements. More recently, the “yellow vest”
movement in France arose out of protests against environmental measures
leading to rising fuel prices. The slogan “End of the world, end of
the month” illustrates an impossible dilemma. This spontaneous movement
is striking because of the apparent conflict between seemingly contradictory
rights. It has enabled outlying communities to voice their problems
(unemployment, insecurity, and the scarcity of medical, judicial,
and cultural provision) resulting from their distance from the urban
centres that are the driving force behind business and trade. Globalisation
has accentuated inequalities that have become unbearable. Assembly Resolution
2307 (2019) “A legal status for ‘climate refugees’” called amongst other things for specific measures to
increase local communities’ thresholds of resilience, in a context
of renewed migration issues in Europe with the emergence of “climate
refugees.” These clashes of rights call for a re-examination of
the place of second- and third-generation human rights.
More recently, the “yellow vest”
movement in France arose out of protests against environmental measures
leading to rising fuel prices. The slogan “End of the world, end of
the month” illustrates an impossible dilemma. This spontaneous movement
is striking because of the apparent conflict between seemingly contradictory
rights. It has enabled outlying communities to voice their problems
(unemployment, insecurity, and the scarcity of medical, judicial,
and cultural provision) resulting from their distance from the urban
centres that are the driving force behind business and trade. Globalisation
has accentuated inequalities that have become unbearable. Assembly Resolution
2307 (2019) “A legal status for ‘climate refugees’” called amongst other things for specific measures to
increase local communities’ thresholds of resilience, in a context
of renewed migration issues in Europe with the emergence of “climate
refugees.” These clashes of rights call for a re-examination of
the place of second- and third-generation human rights.3. Finding climate resilience through existing instruments of the Council of Europe
26. The starting point for building
climate resilience in the Council of Europe’s member States is to
be found in the undertakings made at global level. The member States
and the Organisation are committed to the SDGs, first and foremost
Goal 13: combating climate change, but there are also eco-policy
aspects in other goals, such as Goal 6 (availability and sustainable
management of water and sanitation for all) and Goal 7 (access to affordable,
reliable, sustainable and modern energy for all). However, the real
core commitment of the States on climate issues is in the Paris
Agreement, which provides for the updating of NDCs by the end of
2020 and prepares the transition to 2030 and then 2050, in order
to keep temperature increases to below 2°C. It is a matter of regret
that Turkey has not yet ratified the 2015 Agreement as all the other
Council of Europe member States have.
27. The Council of Europe has been developing tools that help
to build climate resilience since the Stockholm Declaration in 1972
and its 26 principles. As far back as 1994, it produced
a “Model law on the protection of the environment” to guide countries
in the preparation of their environmental legislation. The prime source
provided by the Council of Europe is the case law of the European
Court of Human Rights (hereinafter “the Court”), which features
a broad palette of cases with implications for member States’ environmental
policy. The Court has published a “Manual on Human Rights and the
Environment”. The European Convention on Human
Rights (ETS No. 5, “the Convention”), after all, comes into play
whenever there are conflicts of rights, and is a living tool that
is constantly being adapted. The Court might ultimately be required
to rule on debates triggered by civil society challenges to national
environmental strategies that fail to respect the goals specified in
the Paris Agreement. At the high-level conference on environmental
protection and human rights in Strasbourg on 27 February 2020, the
President of the Court Linos-Alexandre Sicilianos underlined the
need to share this burden and, as an example of good practice, referred
to the decision by France’s Constitutional Council in which it declared
protection of the environment, the “common heritage of all humankind”,
to be “an objective of constitutional value.”
As far back as 1994, it produced
a “Model law on the protection of the environment” to guide countries
in the preparation of their environmental legislation. The prime source
provided by the Council of Europe is the case law of the European
Court of Human Rights (hereinafter “the Court”), which features
a broad palette of cases with implications for member States’ environmental
policy. The Court has published a “Manual on Human Rights and the
Environment”. The European Convention on Human
Rights (ETS No. 5, “the Convention”), after all, comes into play
whenever there are conflicts of rights, and is a living tool that
is constantly being adapted. The Court might ultimately be required
to rule on debates triggered by civil society challenges to national
environmental strategies that fail to respect the goals specified in
the Paris Agreement. At the high-level conference on environmental
protection and human rights in Strasbourg on 27 February 2020, the
President of the Court Linos-Alexandre Sicilianos underlined the
need to share this burden and, as an example of good practice, referred
to the decision by France’s Constitutional Council in which it declared
protection of the environment, the “common heritage of all humankind”,
to be “an objective of constitutional value.” 28. The Council of Europe has devised conventions on the preservation
of the environment with varying degrees of success. It first raised
the issue of criminalising environmental offences or “ecocides”
with the Convention on protection of the environment through criminal
law (ETS no. 172), which did not work out since the convention never
entered into force. Nor has the European Union managed to come up
with an effective means of protecting the environment through criminal
law, despite the ambitions set out in the Tampere milestones (1999)
seeking to establish an “area of freedom, security and justice”.
Complaints in the environmental field and corresponding convictions
in domestic courts and the International Court of Justice are still
few and far between. The Convention on civil liability for damage
resulting from activities dangerous to the environment (ETS no.
150) has run into the same difficulties as the convention aimed
at protecting the environment through criminal law, unlike the Convention
on the conservation of European wildlife and natural habitats (ETS
no. 104) or the European Landscape Convention (ETS no. 176) which
have been success stories. We need to understand why certain initiatives
have failed and to revise these conventions to make them effective
and efficient.
29. In its monitoring activities and also in its technical assistance
work, the Council of Europe has adopted an approach based on risks
connected to the SDGs. Broadly speaking, defining indicators should
no longer be limited to economic or financial data. The Council
of Europe’s peer-based working method has helped to build awareness
of the vulnerabilities and objectively gauge progress in reducing
them. It serves as a model in this respect, at a time when the European
Union is looking at broadening its indicators in preparation for
the European Semester. In February 2020, the EU Court of Auditors
called for the “greening” of indicators ahead of the reform of the
Common Agricultural Policy (CAP). It is important, however, that
the climate crisis be treated as a cross-cutting issue in Council
of Europe activities.
30. The European Social Charter (ETS No. 35) lays down a set of
rights that are especially at risk and under threat from the climate
crisis, rights that could be further tested by the direct and indirect
effects of global warming. Recent protest movements, many of them
led by young people, have sprung up around the rights enshrined
in the Charter. The climate crisis raises questions about the future
of vulnerable communities. At a time when society is undergoing
far-reaching changes, if the environmental commitments are to be
met, the system for protecting second-generation rights needs to
be strengthened.
31. In its Recommendation
1431 (1999) “Future action to be taken by the Council of Europe
in the field of environment”, the Assembly was already talking about
the need for an amendment or an additional protocol to the European
Convention on Human Rights concerning the right of individuals to
a healthy and viable environment. It referred to it again in its Recommendation
1885 (2009) “Drafting an additional protocol to the European Convention
on Human Rights concerning the right to a healthy environment.” In June 2019, the Council of Europe’s
Commissioner for Human Rights Dunja Mijatović also mentioned the
idea when reiterating the 16 Framework Principles of Human Rights
and the Environment proposed by David R. Boyd, the UN Special Rapporteur
on human rights and the environment, in “Living in a clean environment”
on World Environment Day.
In June 2019, the Council of Europe’s
Commissioner for Human Rights Dunja Mijatović also mentioned the
idea when reiterating the 16 Framework Principles of Human Rights
and the Environment proposed by David R. Boyd, the UN Special Rapporteur
on human rights and the environment, in “Living in a clean environment”
on World Environment Day. 32. The Council of Europe has guided changes in mentalities for
more than 70 years. It should now reach beyond the public sector
and guide the private sector by emphasising social and environmental
responsibility. The Council of Europe is still in the early stages
of its dealings with the private sector after working with regulated
professions (lawyers, accountants, journalists, etc.). It has helped
to establish Europe-wide protection for human rights whistle-blowers
while States are required to undergo regular audits in areas such as
action against corruption or the fight against money laundering
and the financing of terrorism. A similar exercise could conceivably
be introduced in the fight against global warming and the Council
of Europe could guide economic actors in the development of their
corporate social responsibility strategy, including in the environmental
sphere.
33. Cities around the world have instigated far-reaching changes
in order to implement the Paris Agreement. According to the World
Health Organization (WHO), air pollution is detrimental to health
in cities, where the majority of the European population lives.
It is responsible for at least 753 000 deaths per year in Europe. The latest
report by the European Environment Agency (EEA) reveals that microparticles
of pollution were responsible for 374 000 premature deaths in 2016.
Although national legislation is needed to discourage the use of
fossil-fuelled internal combustion vehicles and encourage the use
of ultra-low-emission vehicles, the local level will also be an
appropriate one for regulation and action. Through its monitoring
bodies, the Council of Europe promotes good practice at all levels,
in line with the SDGs. Its Congress of Local and Regional Authorities
oversees local governance in the responsible conduct of public affairs
and management of public resources, namely citizen participation,
ethics, rule of law, transparency, sound financial management and accountability.
The preservation of the environment is addressed through the SDGs
even though it is not included in the European Charter of Local
Self-Government. The Congress is called upon to ensure the implementation
of commitments related to the Paris Agreement. In the view of Harald
Bergmann, Congress Spokesperson on Human Rights
and Mayor of Middelburg (Netherlands), speaking at the High-Level Conference
on Environmental Protection and Human Rights on 27 February 2020,
“local and regional elected representatives are in a unique position
to tackle climate emergency and promote sustainable development
by shaping policy to fit local needs” because “obtaining and using
local knowledge will help us empower citizens, and it will also
give us a better indication of what we need to do to be truly sustainable.”
It will be up to Congress members to decide whether a new protocol
to the Charter is needed.
The latest
report by the European Environment Agency (EEA) reveals that microparticles
of pollution were responsible for 374 000 premature deaths in 2016.
Although national legislation is needed to discourage the use of
fossil-fuelled internal combustion vehicles and encourage the use
of ultra-low-emission vehicles, the local level will also be an
appropriate one for regulation and action. Through its monitoring
bodies, the Council of Europe promotes good practice at all levels,
in line with the SDGs. Its Congress of Local and Regional Authorities
oversees local governance in the responsible conduct of public affairs
and management of public resources, namely citizen participation,
ethics, rule of law, transparency, sound financial management and accountability.
The preservation of the environment is addressed through the SDGs
even though it is not included in the European Charter of Local
Self-Government. The Congress is called upon to ensure the implementation
of commitments related to the Paris Agreement. In the view of Harald
Bergmann, Congress Spokesperson on Human Rights
and Mayor of Middelburg (Netherlands), speaking at the High-Level Conference
on Environmental Protection and Human Rights on 27 February 2020,
“local and regional elected representatives are in a unique position
to tackle climate emergency and promote sustainable development
by shaping policy to fit local needs” because “obtaining and using
local knowledge will help us empower citizens, and it will also
give us a better indication of what we need to do to be truly sustainable.”
It will be up to Congress members to decide whether a new protocol
to the Charter is needed.4. The Green New Deal, an innovative way to strike a new balance
34. Europe is facing the overarching
challenge of this century, as the European Environment Agency put
it when publishing its “European environment - state and outlook
2020” report in February 2020. It clearly states that “Europe will
not achieve its 2030 goals without urgent action during the next
10 years to address the alarming rate of biodiversity loss, increasing
impacts of climate change and the overconsumption of natural resources.”
In the Agency’s view, not only do we have to do more; we must also
do things differently. Under the leadership of Prime Minister António
Costa, Portugal was the first European country to claim to achieve carbon
neutrality by 2050.
35. In November 2018, Benoît Cœuré, member of the Executive Board
of the European Central Bank, made the following simple observation:
“the longer the risks of climate change are ignored, the higher
the risks of catastrophic events, possibly with irreversible consequences
for the economy.” The climate crisis is unprecedented
and all possible solutions need to be explored. The Green New Deal
(GND) is an option worth investigating. It is not a new idea. Discussed
as early as 2003 in the United States, where it drew on the work of
the essayist Murray Bookchin, it
featured in the programme put forward by the Greens in the 2009 European
elections. It was later revived in the United
States by Congresswoman Alexandria Ocasio-Cortez, who placed it
at the heart of her political project. The GND seeks not only to
address climate change but also to eliminate poverty and create
millions of jobs. In the European Parliament, it has been espoused
by a cross-party group led by Aurore Lalucq.
The climate crisis is unprecedented
and all possible solutions need to be explored. The Green New Deal
(GND) is an option worth investigating. It is not a new idea. Discussed
as early as 2003 in the United States, where it drew on the work of
the essayist Murray Bookchin, it
featured in the programme put forward by the Greens in the 2009 European
elections. It was later revived in the United
States by Congresswoman Alexandria Ocasio-Cortez, who placed it
at the heart of her political project. The GND seeks not only to
address climate change but also to eliminate poverty and create
millions of jobs. In the European Parliament, it has been espoused
by a cross-party group led by Aurore Lalucq. 36. The GND provides an opportunity to deal with the challenges
of climate change in a calm and collected way, despite the huge
and radical changes taking place. At the time of the launch of the
original New Deal, US President Roosevelt said: “It is common sense
to take a method and try it. If it fails, admit it frankly and try another.
But above all, try something.” On both sides of the Atlantic, proponents
of the GND saw it
first and foremost as a means of responding to the issues of the
climate crisis and then as an opportunity to radically transform
the United States and Europe along the lines envisaged by President
Roosevelt, who sought to invest massively in his country so that
it could put the 1929 financial crash behind it once and for all.
On both sides of the Atlantic, proponents
of the GND saw it
first and foremost as a means of responding to the issues of the
climate crisis and then as an opportunity to radically transform
the United States and Europe along the lines envisaged by President
Roosevelt, who sought to invest massively in his country so that
it could put the 1929 financial crash behind it once and for all.37. The GND has been mooted in Europe as a possible response to
three interrelated crises: a social and economic crisis (whose effects
have been greatly amplified by the Covid-19 pandemic); a climate
and environmental crisis; and a democratic and political crisis.
Investing in GND, it is hoped, will reorient European economies
away from private wealth accumulation and towards environmental
sustainability through job creation. GND has the merit of restoring
the democratic link between citizens, elected representatives and
local and national authorities. It includes “green” public works
to accompany the continent’s transformation through an investment
plan, a legislative programme to align European policy with scientific
consensus, and the creation of a new body, the Environmental Justice
Commission, providing research and evaluation capacities for a green
transition that is fair and just.
38. The GND is not a campaign – it is a political, social, and
economic movement that paves the way for civic action and dialogue
with decision-makers. The GND is a rallying call for citizens’ assemblies
at local, regional, national, and European level. The cities of
Brussels and Luxembourg have already formed their citizens’ assemblies
dedicated to the preservation of the environment. The GND’s proponents
want to see a binding framework to prevent and combat “climate corruption.”
They are calling for a public platform to be set up to oversee expenditure
under the large-scale investment plan, but also to monitor the implementation
of projects. They are also calling for the establishment of a Public
Integrity Authority with the power to investigate and pursue perpetrators
of offences and crimes that undermine the implementation of the
GND. At an expert hearing held by the committee, Paweł Wargan, co-ordinator
of the alliance of political parties behind the Green New Deal for
Europe, spoke of the risk of revolution if the three crises mentioned
above were not addressed.
39. The European Union already claims to be the “global leader
on climate and environmental measures.” Climate issues are embedded
in the objectives of the various EU policies. It wants to go further,
however, and has proposed a new “Green Deal” inspired by the GND
movement. The scheme has secured the backing of 17 EU environment
ministers: it is intended to drive changes in institutions and lifestyles
in order to achieve sustainable development. When launching the
EU Green Deal, the President of the European Commission Ursula von
der Leyen vowed to make Europe the “first climate-neutral continent”.
40. Responsible for implementation, the First Vice-President of
the European Commission, Frans Timmermans, has stated his intention
that no one will be left behind. The Commission pays particular
attention to people in precarious situations and to the most vulnerable
population groups. It has little room for manoeuvre in meeting this
challenge. Its budget is tiny in relation to the needs and there
can be no question of syphoning off resources from existing policies
in order to achieve these goals. The EU Court of Auditors has estimated the
amount of funding required to cover the collective cost of climate
transition for all Member States at €1 115 billion between 2021
and 2030. That is roughly the sum calculated
by the European Commission. Projections by the Bruegel Institute,
however, put the cost at €2 000 billion. Such a figure is unattainable for
the European Union under the treaties. The European Council did
nevertheless reach a consensus at its meeting from 17 to 21 July
2020 on a comprehensive €1 824.3 billion package in response to
the Covid-19 pandemic, which combines the Multiannual Financial
Framework and an extraordinary special recovery effort: Next Generation EU.
The budgetary instrument includes a major solidarity plan unlike
any seen before, and is guided by the general principles enshrined
in the EU Treaties, in particular the values set forth in Article
2 of the Treaty of the European Union.
That is roughly the sum calculated
by the European Commission. Projections by the Bruegel Institute,
however, put the cost at €2 000 billion. Such a figure is unattainable for
the European Union under the treaties. The European Council did
nevertheless reach a consensus at its meeting from 17 to 21 July
2020 on a comprehensive €1 824.3 billion package in response to
the Covid-19 pandemic, which combines the Multiannual Financial
Framework and an extraordinary special recovery effort: Next Generation EU.
The budgetary instrument includes a major solidarity plan unlike
any seen before, and is guided by the general principles enshrined
in the EU Treaties, in particular the values set forth in Article
2 of the Treaty of the European Union.41. Implementing the Green Deal will, it is hoped, generate green
growth and far-reaching changes. In March 2018, on the basis of
the competences defined by the Treaties, the European Commission
had already called for the establishment of a European classification
of sustainable activities to help investors and private companies
navigate the transition to a low-carbon and resource-efficient economy.
This approach is based on the standards defined by the Organisation
for Economic Co-operation and Development (OECD) and the United
Nations. The EU’s efforts to ensure that the SDGs percolate into
the European economy are reminiscent of the Council of Europe’s
efforts to promote that well-known trio “standards, monitoring and
technical assistance”. Implementation will nevertheless be a long,
drawn-out process. Within the framework of the Green Deal, the European
Commission intends, in turn, to propose a “climate law” enabling
the EU to achieve climate neutrality by 2050.
to help investors and private companies
navigate the transition to a low-carbon and resource-efficient economy.
This approach is based on the standards defined by the Organisation
for Economic Co-operation and Development (OECD) and the United
Nations. The EU’s efforts to ensure that the SDGs percolate into
the European economy are reminiscent of the Council of Europe’s
efforts to promote that well-known trio “standards, monitoring and
technical assistance”. Implementation will nevertheless be a long,
drawn-out process. Within the framework of the Green Deal, the European
Commission intends, in turn, to propose a “climate law” enabling
the EU to achieve climate neutrality by 2050.42. As Europe’s watchdog, the Council of Europe should contribute
to the European Union’s efforts to ensure that human rights, democracy
and the rule of law remain at the heart of the debate and are taken
into account throughout the preparation and implementation of the
European Union’s Green Deal, while also ensuring that it involves
and benefits everyone living in Europe, leaving no one behind. It
is time for the Assembly, in turn, to embrace the GND and the European
Green Deal, and to take up the cause beyond the European Union,
for all its member States.
5. Other resources for climate resilience
43. Climate resilience teaches
us that the response to the current crisis will come not only from
political will but also and above all from the commitment of the
different levels of public authority. This entails both the sharing
of information and co-operation between players at local, regional,
national and international level. As the historian Yuval Noah Harari,
of the Hebrew University of Jerusalem, explains with regard to Covid-19,
“In this time of crisis, […] humanity needs to make a choice. Will
we travel down the route of disunity, or will we adopt the path
of global solidarity? If we choose disunity, this will not only
prolong the crisis but will probably result in even worse catastrophes
in the future. If we choose global solidarity, it will be a victory
not only against the coronavirus but against all future epidemics.” The World Forum for Democracy 2021
will focus on the issue we are considering, under the title “Can
democracy save the environment?” The Assembly took part in the event
of 18 January 2021 entitled "Representative democracy against climate
crisis."
The World Forum for Democracy 2021
will focus on the issue we are considering, under the title “Can
democracy save the environment?” The Assembly took part in the event
of 18 January 2021 entitled "Representative democracy against climate
crisis." 44. The work of the IPCC has also shown that scientific progress
will be no miracle cure for the challenges of the climate crisis.
What is needed is a whole host of measures in a variety of areas
to drive the degrowth that humankind must undergo. One of the risks
facing us would be to approach solutions only in terms of restrictions
and prohibitions. This is what some already call “punitive ecology”.
Being accountable to society as a whole, public authorities tread
a path strewn with pitfalls in their efforts to nudge people towards
making sustainable changes in their behaviour, often far removed
from the consumerism that has dominated for years. Individuals need
to be made aware of the efforts required of them with empathy, respect
and precaution so as not to create new battlelines between social
groups. The rule of law may have been built on prohibitions, but
it must now focus more on persuasion and recommendation in order
to drive the necessary changes by making individuals take responsibility.
The United Nations Development Programme (UNDP) published the People’s Climate
Vote, which is the largest survey of public
opinion on environmental issues ever conducted. 64% of the 1.2 million
respondents across 50 countries viewed climate change as a global
emergency and 59% said that the world should do everything necessary
in response and do so urgently.
which is the largest survey of public
opinion on environmental issues ever conducted. 64% of the 1.2 million
respondents across 50 countries viewed climate change as a global
emergency and 59% said that the world should do everything necessary
in response and do so urgently.45. The avenues open to the Council of Europe could also capitalise
on inventiveness and creativity or draw inspiration from original
initiatives.
- The first avenue must be viewed in the context of the law of nature. According to the ethnologist, Claude Lévi-Strauss, “our civilisation’s malaise” is linked to the fact that “the realm of the rational and the realm of the poetic have become completely separated”.
- In his encyclical letter devoted to climate change, Laudato si,
- The World Congress on Environmental Law of the International Union for Conservation of Nature (IUCN) adopted the World Declaration on the Environmental Rule of Law along the same lines.
- Looking beyond questions of devolution, decentralisation and subsidiarity, we might also question the pertinence of public intervention. Polycentricity is an economic concept made popular by Elinor Ostrom, who won the Nobel prize for economics in 2009 for her work in analysing governance of the environment. She defines polycentric systems as opposed to monocentric organisation which monopolises all levels of decision-making. She calls for organisation revolving around multiple authorities exercising their authority simultaneously and on different scales, each unit having a degree of autonomy to lay down norms and rules in a specific area.
6. Conclusions
46. Thirty years of reports by
the IPCC have helped to establish a broad scientific consensus on
the reality of the climate crisis: if we fail, the scientific community
cannot be blamed. Global overheating is a reality that must be faced
by the States and each and every individual. Europe is under threat
in the same way as the other continents. The crisis has become the
catalyst that amplifies the effects of other crises. Without showing fatalism
or undue optimism, our first challenge is to ensure that the weakest
will not be the first victims of the climate crisis or suffer unjustly
as a result of the changes we have to make. By approving the SDGs,
the member States have taken this threat on board and undertaken
to attain the different goals set. We must, collectively and individually,
help to strike a new balance and build a stable world by promoting
the rule of law, democracy and human rights, including those known
as “third-generation human rights.”
47. The Council of Europe must further develop its work on the
preservation of the environment. Its experience and methodology
of risk management may be useful for guiding far-reaching changes
in relations between individuals, societies and authorities. To
adapt its standards, the Council of Europe must be creative in order
to nurture the emergence of a vision that will equip us to respond
simultaneously to different crises – affecting the environment,
social issues and democracy. A holistic approach is best suited
to meet the challenge of the climate crisis and provide a new balance.
A new legal instrument may well be an appropriate way of responding
to the climate crisis and its consequences in the European legal
area while respecting the constitutional traditions of the member
States.
48. The Council of Europe must, as an institution, take the challenges
of the climate crisis on board transversally, in all the forms of
its work. Working in partnership with the European Union, it will
have a decisive role to play in simultaneously meeting the challenges
of the climate crisis, human rights, democracy and the rule of law.
It is of the utmost urgency that the European Union accedes to the
European Convention on Human Rights in order to further diversify
its legal bases.
49. The Assembly must continue to follow the member States’ efforts
to honour their commitments in the area of sustainable development.
It must actively contribute to the next COP26 in Glasgow to ensure
that the values underpinning the Council of Europe’s mandate are
central to the discussions. My wish is for the Assembly to be able
to pursue its analysis of responses to the climate overheating and
the proposed Green New Deal by setting up an inter-parliamentary
group under the auspices of our committee, whose mission would be
to monitor the action taken by national authorities to honour the
strong commitments they have made with regard to the climate crisis.
It would foster the mutual enrichment of ideas and the pooling of experience between
European parliamentarians and beyond, with parliamentarians from
other parts of the world. As members of both national parliaments
and this Assembly, we should play a pivotal role in promoting change. This
is both a frightening and a stimulating responsibility.
and the pooling of experience between
European parliamentarians and beyond, with parliamentarians from
other parts of the world. As members of both national parliaments
and this Assembly, we should play a pivotal role in promoting change. This
is both a frightening and a stimulating responsibility.50. In Resolution 1802
(2011) “The need to assess progress in the implementation of
the Bern Convention”, the Assembly took up Principle 1 of the Stockholm
Declaration (UN Conference on the Environment, 1972): “Man has the
fundamental right to freedom, equality and adequate conditions of
life, in an environment of a quality that permits a life of dignity
and well-being, and he bears solemn responsibility to protect and
improve the environment, for present and future generations.” Let
us see to it that this principle guides us always in our collective
action to combat the climate crisis and helps us to find the necessary
resilience in our institutions. After the sanitary crisis, we will
not be able to go back to life as it was before, and we must ask
ourselves the right questions. What world do we want to live in
and what do we want to leave behind for future generations? Technological
innovation will not be enough; we will need to demonstrate creativity
and resourcefulness in other areas, including politics, where we
will have to put more emphasis on human well-being and collective responsibility.