Learning from the Past and Innovating into the Future Principles for a Fossil Fuel Treaty

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A world that’s upside down cannot and should not be treated and measured as if it holds the key to creating a world that’s right side up.

Ilkka Tuomi

Climate change, human and gender rights, sovereignty over lands and self, health, economic inequities and peace and security. Fossil fuel extraction stemming from the industrial colonial expansion out of Europe is at the core of these crises. Moving away from oil, gas and coal is an imperative and must be approached in a way that doesn’t replicate corporate, colonial domination of people and the planet.

The Fossil Fuel Non-Proliferation Treaty is a global initiative aimed at accelerating international cooperation to end the expansion of oil, gas and coal and transition our energy systems and economies in ways that ensures no worker, community or country is left behind.

No terms of a Fossil Fuel Treaty have been written. A top down approach will not transform extractive practices at the root of the crises. This is why the Fossil Fuel Treaty initiative conducted 20 global consultations involving more than 240 people to co-create a set of values and principles to underpin a treaty. Participants were from Asia, Latin America, Africa, Europe and North America and a range of sectors including Human Rights, Peace and Security, Health, Labour, Youth, Faith, Indigenous Peoples and Gender.

A huge fundamental part of these principles is that we get to be in there right from the very beginning. No Treaty text has been written yet, it hasn’t been taken to the UN yet. We want to make sure there are things already in motion and set in place that could be of benefit and for the protection of us and our people, so things like making sure there is recognition of self determination, inherent sovereignty, free and prior and informed consent.” Indigenous Peoples Consultation Participant.

The values and principles derived from the consultations aim to build on the three pillars of the Fossil Fuel Treaty initiative:

Just Transition

Fast-track real solutions through scaled up access to renewable energy and a just transition for every worker, community and country so that no one is left behind.

Non-proliferation

Prevent the expansion of coal, oil and gas by ending all new exploration and production.

Fair Phase Out

Equitably phase out existing fossil fuel production in line with the 1.5˚C goal.

Participants agreed that a Fossil Fuel Treaty must be based on three core values - justice, rights and public goods and incorporate a set of principles related to each value.

Justice

Countries least responsible for fossil fuel production and resulting climate pollution are most at risk from climate impacts. There must be a fair distribution of responsibility with wealthy fossil fuel producing countries doing the most to cut emissions and address climate impacts. A Fossil Fuel Treaty should also reinforce international environmental legal principles as rights such as full prior and informed consent. The three pillars need to be enforceable and fossil fuel companies should be required to restore areas where extraction has occurred. The treaty must be holistic in recognising climate impacts underway, those most responsible and the needs of those least responsible and most exposed. Resources required for the transition should be managed in a way that is post-extractive  so communities have determination over resources, there is fair distribution of resources and rights are upheld and protected.

Rights

A treaty should advance the right to life including reduction in conflicts, workers’ rights, intergenerational rights, right to health, rights of nature, interdependence and stewardship, intersectional justice including the rights of marginalised groups and procedural justice where there is meaningful participation in design, implementation and monitoring by those most impacted.  Gender rights are critical as part of this given gender violence related to fossil fuel extraction and the disproportionate effect of fossil fuels and climate change on women and girls.

Public Good

A Fossil Fuel Treaty must benefit public, not private interests. Transparency and accountability measures are critical to enable this and protect the common good as well as not including those with conflicts in negotiations, prioritising communities’ energy needs and fostering self-determination rather than new land displacements.  Addressing international economic law is another principle related to public good given current macroeconomic inequalities that exist within structures such as the International Monetary Fund and World Bank.

This is not about just shifting from fossil fuels to clean, low-carbon energy. The aspiration is that collaborating for a Fossil Fuel Treaty could strengthen a bold, diverse and expansive global movement for justice. By fostering fair burden sharing and trust through cooperation at the global level, the initiative could increase physical, economic, social, emotional and psychological well being and address colonial and corporate power through self-determination of land, resources and territory as part of ending extraction and the expansion of renewable energy. Thriving oceans and ecosystems is another critical benefit given the need to protect and restore the planet to ensure there is clean air, water, soil and sustainable livelihoods. 

Pursuing a bold and justice centred Fossil Fuel Treaty is not without risks. Government and corporate actors most responsible for extraction could dilute negotiations, replicate past political conflicts and perpetuate false solutions that won’t deliver cuts in pollution or address inequities. Finally, if negotiations drag out, engagement and urgency could be lost. Increasing public education about what a just transition can look like, learning lessons from other treaties and setting meaningful targets that combine historic responsibility, science and the need for countries in the Global South to improve livelihoods could mitigate these risks. Other strategies such as including civil society in negotiations and precluding fossil fuel interests, avoiding the reliance on technology such as carbon capture and storage to meet targets, and continuing with a bottom up, multi-stake holder  approach to creating a Fossil Fuel Treaty.

Operationalising a Fossil Fuel Treaty

Treaties are based on international law yet also set obligations for countries to act at the national level by adopting laws and policies to meet commitments. This could include adjusting laws around energy supply and transparency and requiring transition plans for impacted communities. Progressive taxation, embedding climate action across policy areas from housing to transportation and agriculture, strong rights protections and involving those most impacted by fossil fuel extraction and climate change in the design, implementation and monitoring and evaluation of transition policies are key. Regionally, there is a need for energy sovereignty and globally to focus on equity and science based targets with historical responsibility factored in and polluters paying for their fair share.

Something already known from other treaties such as the Land Mine Ban is that the journey matters. Continuing to nurture an inclusive, equitable and transparent process for determining the principles and ultimately the binding terms of a Fossil Fuel Treaty is of the essence so we learn from the past, stop perpetuating injustice and drive the innovations needed to protect the people and places we care about and our future.

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Author

HARJEET SINGH

Global Engagement Director