E/C.12/GC/26
and development projects.68 In the context of land, many human rights defenders are also
defenders of the environmental functions of land and of the sustainability of land use as a
precondition for respecting human rights in the future. In accordance with the Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and
Protect Universally Recognized Human Rights and Fundamental Freedoms, States shall take
all measures necessary to respect human rights defenders and their work, including in relation
to land issues, and to refrain from imposing criminal penalties on them or enacting new
criminal offences with the aim of hindering their work.
The specific measures that States should adopt to safeguard the work of human rights
defenders in relation to land are dependent on national circumstances. However, the
following measures are of crucial importance: (a) public recognition, by the highest level of
Government, of the importance and legitimacy of the work of human rights defenders and a
commitment that no violence or threats against them will be tolerated; (b) repeal of any State
legislation or any measures that are intended to penalize or obstruct the work of human rights
defenders; (c) strengthening of State institutions responsible for safeguarding the work of
human rights defenders; (d) investigation and punishment of any form of violence or threat
against human rights defenders; and (e) adoption and implementation of programmes, in
consultation with potential beneficiaries, that are well resourced and have inbuilt
coordination mechanisms that ensure that adequate protection measures are provided to
human rights defenders at risk whenever necessary.69
55.
D.
Climate change
56.
The impact of climate change on access to land, affecting user rights, is severe in
many countries. In coastal zones, sea level rise has an impact on housing, agriculture and
access to fisheries. Climate change also contributes to land degradation and desertification.
Rising temperatures, changing patterns of precipitation and the increasing frequency of
extreme weather events such as droughts and floods are increasingly affecting access to
land.70 States shall cooperate at the international level and comply with their duty to mitigate
emissions and their respective commitments made in the context of the implementation of
the Paris Agreement. States have these duties also under human rights law, as the Committee
has highlighted previously. 71 Moreover, States shall avoid adopting policies to mitigate
climate change, such as carbon sequestration through massive reforestation or protection of
existing forests, that lead to different forms of land grabbing, especially when they affect the
land and territories of populations in vulnerable situations, such as peasants or Indigenous
Peoples. Mitigation policies should lead to absolute emissions reductions through the phasing
out of fossil fuel production and use.
57.
States have an obligation to design climate change adaptation policies at the national
level that take into consideration all forms of land use change induced by climate change, to
register all affected persons and to use the maximum available resources to address the impact
of climate change, particularly on disadvantaged groups.
Climate change affects all countries, including those that may have contributed to it
the least. Thus, those countries that have historically contributed most to climate change and
those that are currently the main contributors to it shall assist the countries that are most
affected by climate change but are least able to cope with its impact, including by supporting
and financing land-related adaptation measures. Cooperation mechanisms for climate change
mitigation and adaptation measures shall provide and implement a robust set of
environmental and social safeguards to ensure that no project negatively affects human rights
and the environment and to guarantee access to information and meaningful consultation with
58.
68
69
70
71
16
For example, E/C.12/VNM/CO/2-4, para. 11, E/C.12/1/Add.44, para. 19, E/C.12/IND/CO/5, paras. 12
and 50, E/C.12/PHIL/CO/4, para. 15, E/C.12/COD/CO/4, para. 12, E/C.12/LKA/CO/2-4, para. 10,
and E/C.12/IDN/CO/1, para. 28.
E/C.12/2016/2, para. 8.
See Intergovernmental Panel on Climate Change, “Climate Change and Land: summary for
Policymakers” (2019).
See HRI/2019/1.
GE.23-00043