UN Expert Calls for Criminalization of Climate Disinformation and Fossil Fuel Lobbying Ban
A groundbreaking report presented to the United Nations General Assembly by Elisa Morgera, the UN Special Rapporteur on human rights and climate change, calls for radical action to combat the climate crisis. Morgera argues that the dissemination of climate disinformation should be criminalized and a complete ban imposed on fossil fuel lobbying and advertising. The report, titled “The Imperative of Defossilizing Our Economies,” asserts that wealthy nations with substantial fossil fuel resources, including the United States, Canada, Australia, and the United Kingdom, bear a legal obligation under international law to phase out oil, gas, and coal by the end of the decade. Moreover, these nations should provide compensation to communities suffering the detrimental impacts of fossil fuel exploitation.
Morgera’s report underscores the undeniable scientific consensus that fossil fuels are the primary driver of climate change and contribute significantly to other planetary crises, including biodiversity loss, pollution, inequality, and widespread human rights violations. The report highlights existing UN mechanisms that have already identified an international human rights obligation to phase out fossil fuels and associated subsidies. Morgera, a professor of global environmental law at the University of Strathclyde, advocates for a comprehensive ban on fossil fuel exploration, investments, subsidies, gas flaring, fracking, oil sands extraction, and so-called “false tech solutions.” She criticizes the continued pursuit of profit by fossil fuel-rich nations despite overwhelming evidence of the devastating human rights impacts associated with the entire fossil fuel lifecycle.
The report emphasizes the disproportionate burden borne by Indigenous Peoples, island nations, and other vulnerable communities who face the most severe consequences of fossil fuel extraction and climate change while reaping the fewest benefits. Morgera details the extensive evidence demonstrating the far-reaching and cumulative damage inflicted by the fossil fuel industry and its byproducts like plastics and fertilizers on a wide spectrum of human rights, encompassing the right to life, health, food, water, housing, education, livelihoods, information, and self-determination. Despite the scientific clarity and international agreements acknowledging the necessity of a fossil fuel phaseout, extraction and use are projected to increase, contrasting sharply with the progress made in decarbonizing the energy sector through renewable sources.
Morgera contends that the “defossilization” of entire economies is paramount to address the escalating harms caused by fossil fuels across various sectors, including finance, food, technology, politics, and media. She argues that international human rights law mandates that nations inform their citizens about the detrimental effects of fossil fuels and emphasize the importance of phasing them out as the most effective solution to the climate crisis. Furthermore, the public has the right to know about the fossil fuel industry’s decades-long campaign of misinformation and obstruction of climate action, which has included attacking climate activists and scientists and manipulating democratic processes like UN climate conventions. The report exposes the industry’s deliberate efforts to keep the public uninformed about the severity of climate change and the role of fossil fuels in causing it.
To counter this, Morgera advocates for a ban on fossil fuel lobbying and advertising, criminalization of greenwashing, and enforcement of penalties against those who attack climate advocates. The report underlines the increasing threats posed by climate change impacts such as drought, desertification, sea-level rise, flooding, and water scarcity, which exacerbate existing challenges like air pollution, displacement of Indigenous Peoples, and biodiversity loss. Simultaneously, the fossil fuel industry continues to amass enormous profits, benefiting from tax avoidance schemes, taxpayer subsidies, and undue protection under international investment law, while neglecting to address economic inequalities or reduce energy poverty.
The report reveals that oil and gas companies earned $2.4 trillion in profits globally in 2023, while coal companies made $2.5 trillion. Eliminating fossil fuel subsidies alone could reduce emissions by up to 10% by 2030. Morgera calls for the remediation and return of land unjustly appropriated for fossil fuel operations to its rightful owners or the provision of fair compensation. She highlights the injustices faced by Indigenous Peoples, people of African descent, and peasants who have experienced evictions, displacement, violence, and environmental degradation due to fossil fuel activities. Decommissioning and site reclamation can leave behind residual pollutants, hindering ecosystem restoration and impacting water safety for generations. The report frames the imperative for decisive political action to mitigate the climate crisis as a human rights issue, prioritizing fundamental rights over the profits of a small minority.
Morgera emphasizes that the transition to a renewable energy-based economy, while seemingly radical, is now economically more viable and safer, offering health benefits and potential cost savings through reduced climate change impacts and recouped tax revenue. She attributes the perceived radicalism of the transition to the fossil fuel industry’s successful efforts in framing it as such. The report serves as a powerful call to action, urging governments and international bodies to prioritize human rights and take bold steps towards a fossil fuel-free future. It underscores the urgency of addressing climate disinformation and the undue influence of the fossil fuel industry, advocating for a just and equitable transition to a sustainable energy system.