UN Expert Calls for Criminalization of Fossil Fuel Disinformation and Rapid Phase-Out to Protect Human Rights

GENEVA – In a groundbreaking report presented to the UN Human Rights Council, Elisa Morgera, the UN Special Rapporteur on human rights and the environment, has issued a stark warning: the continued dominance of the fossil fuel industry poses a grave threat to fundamental human rights globally, demanding immediate and decisive action from governments worldwide. Morgera’s report meticulously details the industry’s decades-long campaign of obstruction, misinformation, and lobbying, which has directly undermined efforts to mitigate climate change and protect vulnerable populations from its devastating consequences. She argues that this behavior constitutes a systematic violation of international human rights law, placing the onus on states to take robust measures to curb the industry’s power and accelerate the transition to a fossil fuel-free future.

The report’s central argument revolves around the fossil fuel industry’s deliberate and calculated efforts to delay climate action, prioritizing profit maximization over the well-being of people and the planet. Morgera highlights the industry’s sophisticated tactics, which include funding climate denialism and spreading disinformation, aggressively lobbying against climate policies, and utilizing legal maneuvers to obstruct regulations. These tactics, the report asserts, have directly contributed to the escalating climate crisis, which now manifests in increasingly frequent and severe extreme weather events, rising sea levels, widespread biodiversity loss, and threats to food security, water resources, and public health. The most vulnerable populations, particularly in the Global South, bear the brunt of these impacts, facing displacement, disease, and economic hardship. Morgera underscores that these consequences are not accidental but rather the predictable outcome of the fossil fuel industry’s calculated obstruction of climate action.

To address this urgent human rights crisis, Morgera proposes a comprehensive “defossilization” of the global economy, urging governments to implement a suite of aggressive measures. Central to her recommendations is the criminalization of fossil fuel disinformation and greenwashing, holding companies accountable for misleading the public and obstructing climate action. She further calls for a ban on all fossil fuel lobbying and advertising, effectively dismantling the industry’s influence on political decision-making and public discourse. Moreover, Morgera advocates for a rapid phase-out of fossil fuel production, urging wealthy nations, including the United States, UK, and Canada, to cease all fossil fuel subsidies and exploration by 2030. This ambitious timeline, she argues, is necessary to align with the Paris Agreement’s goal of limiting global warming to 1.5°C and avert the most catastrophic consequences of climate change.

The report also emphasizes the need for climate justice, calling on governments to establish mechanisms for compensating communities affected by climate change-related human rights violations. Morgera proposes funding these mechanisms through taxes and penalties levied on polluting industries, holding them financially accountable for the harm they have caused. She argues that this approach is not only essential for addressing historical injustices but also for incentivizing a rapid and just transition to a sustainable future. By internalizing the costs of their activities, fossil fuel companies would be compelled to invest in cleaner alternatives and contribute to the global effort to mitigate climate change.

Morgera’s report is particularly significant given the growing body of evidence documenting the fossil fuel industry’s role in obstructing climate action. Recent studies have highlighted the industry’s sophisticated disinformation campaigns, which have effectively sown doubt about the science of climate change and delayed policy responses. These campaigns, often employing tactics similar to those used by the tobacco industry to downplay the health risks of smoking, have significantly hampered public understanding and political will to address the climate crisis. Moreover, investigations have revealed the vast sums of money spent by fossil fuel companies on lobbying efforts to influence policymakers and block climate legislation. This influence has often played a decisive role in shaping government policies, hindering progress towards a sustainable future.

The report’s findings come at a critical juncture in the global fight against climate change. The world is already experiencing the devastating impacts of a warming planet, with extreme weather events becoming more frequent and intense, and vulnerable communities facing increasing risks. The Intergovernmental Panel on Climate Change (IPCC) has warned that urgent action is needed to avert the most catastrophic consequences of climate change, emphasizing the need for rapid and deep cuts in greenhouse gas emissions. Morgera’s report provides a powerful legal and ethical framework for holding the fossil fuel industry accountable for its role in the climate crisis and charting a path towards a just and sustainable future. It calls on governments to act decisively, prioritizing human rights and the protection of the planet over the short-term interests of a polluting industry.

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