Could making climate change a rights issue help boost action?

There are no words for "climate change" in the language of the Turkana people in northern Kenya, something that prompted campaigner Ikal Angelei to take a different approach when she began her environmental activism more than a decade ago.

Rather than framing climate change as a global environmental risk, Angelei explained how decreasing rainfall and parched riverbeds threatened local people's basic right to access water.

"It really is the impact on people's lives and livelihood that allows them to interact with the term climate change," said Angelei, 41, co-founder of Friends of Lake Turkana, an environmental group in Kenya.

From worsening droughts to rising sea levels, climate change is increasingly seen as a human rights risk and a growing number of climate litigation cases that invoke basic rights have been launched against governments and companies around the world.

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Legal experts said the shift in the narrative on global warming - to focus on the risks it poses to fundamental rights - had been crucial in forcing governments to acknowledge the need for action to protect their citizens.

Climate change intersects with issues ranging from poverty and health to gender inequality and its impacts need to be examined holistically, Angelei said.

"It's the only way everyday citizens start to understand or to even have a conversation around climate change," she said ahead of the Thomson Reuters Foundation's annual Trust Conference starting on Wednesday.

The two-day conference, being held online this year, focuses on issues including climate change, digital rights and media freedom.

Climate cases rise

Angelei, who is speaking on a panel about climate change as a human rights risk, has led communities to fight the construction of a massive dam on Lake Turkana - the world's biggest desert lake - that threatens their access to water.

She petitioned the Kenyan government and international banks to halt the project, and won the prestigious Goldman Environmental Prize in 2012 for her campaign.

Angelei said the rise of climate change lawsuits could be a potential game-changer in environmental campaigns and "open up space" to hold governments accountable for their climate inaction, potentially setting important precedents.

But she added that climate litigation was not a magic bullet, warning that the process is time-consuming and costly for often-underfunded green groups.

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The number of climate change-related lawsuits has soared worldwide especially since 2015, when nearly 200 countries around the world negotiated the Paris Agreement.

That deal aims to hold global temperature rise to "well under" 2 degrees Celsius above pre-industrial levels, with an aim of 1.5C (2.7 Fahrenheit), a level scientists say could help avoid the worst impacts of climate change.

The planet has already warmed over 1.1C - driving a surge in extreme weather around the world - and is on track to pass 1.5C of warming before 2040.

About 55% of 1,841 legal cases brought in 13 courts in 40 countries between 1986 and May this year were launched since 2015, a July study by the London School of Economics found.

Green groups have racked up key legal victories, such as a landmark Dutch court ruling against Shell in May that ordered the energy giant to make deep emission cuts - but there have been setbacks in other cases.

Advocates say a new United Nations resolution - while not legally binding - could also help shape policy.

In October, the UN Human Rights Council declared access to a clean and healthy environment a fundamental right.

It also created the post of UN special envoy on climate change and human rights - a key demand of climate-vulnerable nations.

'Governments cannot choose'

Reframing climate change as a threat to fundamental human rights has helped unleash the wave of climate litigation cases, said Dutch environmental lawyer Jorian Hamster.

"In principle, governments are free to choose whether they want to enact climate change laws - they can decide to do it, they can decide not to do it," said Hamster, a senior associate at international law firm DLA Piper.

"But most governments cannot choose whether they should respect or protect human rights," he said by phone from Amsterdam.

As the litigation trend gains momentum, Hamster said his work increasingly focuses on advising companies to keep both climate impact and human rights issues in mind.

"That is the missing part of the puzzle, and it has made all the difference," he said.

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