Previous Humanitarian treaties show that the Fossil Fuel Treaty Initiative is more than just an idea
Launched two years ago, the Fossil Fuel Treaty campaign was inspired by the successful mobilizations and tactics of humanitarian treaty movements and appears to be on track to become a legal mechanism.
The proposal is supported by a vast global network which includes 2100 civil society organisations from 117 countries, over 3,000+ scientists and academics, 101 Nobel laureates, the World Health Organisation and hundreds of health professionals, a Vatican Cardinal and thousands of religious institutions, a growing number of Indigenous organisations and youth activists, more than 80 cities, and 600+ MPs in 83 countries.
At the diplomatic level, support is also growing - in six months, six countries have called for the development of a Fossil Fuel Treaty. In September 2022, the Fossil Fuel Treaty proposal officially entered the multilateral sphere at the UN General Assembly, with Vanuatu becoming the first country to call for a Fossil Fuel Non-Proliferation Treaty. At COP 27, in Sharm-el-Sheikh, Tuvalu joined forces with its Pacific neighbour and became the second nation state to officially call for a Fossil Fuel Non-Proliferation Treaty. Last March, a bloc of six Pacific countries – Vanuatu and Tuvalu joined by Tonga, Fiji, Niue, and the Solomon Islands – committed to a “Just Transition to a “Fossil Fuel Free Pacific”, including leading on the creation of a global alliance to negotiate a Fossil Fuel Non-Proliferation Treaty. This May, the Kingdom of Tonga formally joined the growing group of nation states seeking a negotiating mandate for a Fossil Fuel Non-Proliferation Treaty.
In doing so, the Pacific countries are not only demonstrating their climate leadership but are also challenging the international community, particularly Global North countries, to finally take adequate climate responsibility and action to address the climate crisis. Many have likened oil, gas, and coal to weapons of mass destruction. In addition to being the root cause of greenhouse gas emissions that have caused and continue to perpetuate and worsen the climate crisis, fossil fuels are a key driver in numerous wars and conflicts, including Russia’s invasion of Ukraine, and air pollution from burning fossil fuels is responsible for 1 in 5 deaths globally.
The Fossil Fuel Treaty initiative is drawing lessons from several humanitarian movements, including the Nuclear Non-Proliferation Treaty, the Chemical Weapons Treaty, the Mine Ban Treaty, and the Treaty on the Prohibition of Nuclear Weapons. Each of these treaties also grew out of pressure from organised civil society efforts and successfully brought governments to the negotiating table to join together and halt the proliferation of a global threat. Lessons learned from these movements have taught the Fossil Fuel Treaty Initiative to:
Advance claims which are based on science as well as the lived experience and expertise of those who have already been and continue to be impacted by the climate crisis. For example, “[b]oth the Nuclear Ban Treaty and the Mine Ban Treaty campaigns benefited from reframing the conversation from a defence issue into a humanitarian issue.” The global chorus of voices calling for a Fossil Fuel Treaty is challenging the present narrative supported by the fossil fuel industry which calls for the continued exploration and production of fossil fuels, and is instead highlighting the detrimental human, environmental, and planetary impacts of continued fossil fuel use. Fossil Fuel Treaty supporters are looking for governments and international governance bodies to prioritise a rapid and just transition away from fossil fuels.
Build regional momentum as a key step towards a global agreement. The experience of other international treaties shows that “the creation of regional weapons bans & early mover groups of nations helped build global momentum to work towards the ultimate negotiation & adoption of each treaty." In 2015, Pacific nations called for a global agreement focussed on coal. The recent endorsements by Vanuatu,Tuvalu, and Tonga of the broader Fossil Fuel Treaty proposal will help create a group of early pioneer countries which can work to build necessary diplomatic engagement and persuade more nations to endorse and support the Fossil Fuel Treaty.
Leave the door open to pursue the Fossil Fuel Treaty through various legal pathways, including a UN General Assembly resolution (e.g. the pathway for the Treaty on the Prohibition of Nuclear Weapons), the UN Environment Assembly (e.g. where the Global Plastics Treaty is presently being negotiated) or an independent process outside the UN system (e.g. the pathway used to create the Mine Ban Treaty).
The global coalition of organisations, institutions, nations, cities, activists, grassroots movements, and elected officials behind the Fossil Fuel Treaty campaign remain mobilised to advance calls for a Fossil Fuel Treaty and a just transition away from fossil fuels, including several key moments in 2023, such as the upcoming United Nations General Assembly, the UN Secretary General's Climate Ambition Summit, and COP28.
Fossil Free Features is a blog series that seeks to imagine a world free of coal, oil, and gas, and make it feel tangible.
This blog was written by guest author, Christie McLeod, as part of the Fossil Fuel Treaty initiative's goal to explore different pathways toward a fossil-free future. Views expressed in this paper are those of the author and do not necessarily reflect the stance of the Fossil Fuel Treaty campaign.
About the authorChristie McLeod practices environmental and Aboriginal law at Miller Thomson LLP in Vancouver, BC, is a director of Lawyers for Climate Justice, and is the founder and former director of Human Rights Hub Winnipeg. She has been involved with the Fossil Fuel Non-Proliferation Treaty initiative since 2019.
