12 March 2026. The FIDH submission can be consulted on the European Commission’s Have Your Say consultation platform.
Human rights rationale for an Arctic fossil fuel moratorium and phaseout
The climate crisis is an unprecedented human rights crisis. In the especially vulnerable and biodiverse Arctic, the Intergovernmental Panel on Climate Change (IPCC)’s Assessment Report confirms that crossing tipping points would create chain reactions for the whole climate system, compromising a livable planet. Moreover, the climate emergency has immediate impacts on the rights of communities and Peoples living in the region.
In its 2025 advisory opinion, the International Court of Justice (ICJ) determined that the 1.5°C temperature target is legally binding under the Paris Agreement and that all states must take ambitious mitigation measures in line with the best available science.
This legal obligation is compounded by the IPCC and the International Energy Agency (IEA)’s assessments that reducing global CO² emissions to net zero by 2050 is the only pathway consistent with the 1.5°C goal. This includes leaving most of the world’s proven fossil fuel reserves unburned, and at least 60% of oil and gas reserves unextracted instead of creating continued fossil lock-in. Scientific evidence shows there is no room for new fossil fuel exploration under a 1.5°C limit.
States have obligations under both international human rights law and climate treaties to take all the necessary measures to protect the climate system and other parts of the environment. Crucially, the ICJ stated that fossil fuel production and consumption, the granting of exploration licenses, and the provision of fossil fuel subsidies can all constitute breaches of such obligations.
The ICJ further stated that a duty of due diligence to prevent significant harm to the climate system is stringent and draws on the precautionary principle. This is especially applicable in the fragile context of the Arctic ecosystem and the risks embodied by fossil fuel activities, which would cause serious or irreversible damage. A phaseout must be interpreted under this additional obligation.
In light of this, FIDH urge:
– a fast, full, just phaseout of existing fossil fuel projects and subsidies, with binding targets and full environmental reparation measures for affected areas, communities and Peoples exposed to the negative impacts of fossil fuel activities;
– a moratorium on the licensing and development of all new fossil fuel projects and infrastructure in the Arctic, in line with international obligations and science targets;
– diversification of the energy mix through rapid deployment of renewable energy sources, with the meaningful consultation of affected rightsholders to secure long-term energy justice and security, as well as societal buy-in within human rights principles of public participation.
Participation safeguards and protection of Indigenous rights
Besides possessing an estimated 13% of the world’s undiscovered fossil fuel reserves, the Arctic region is also attracting considerable attention due to its reserves of critical minerals used in current energy decarbonisation policies. However, both mineral and fossil fuel extraction in a fragile environment – with the additional risk and emissions potential of such conduct in both permafrost and marine areas – may pose serious impacts for environmental sustainability efforts and infringe upon the rights of Indigenous Peoples and other Arctic communities. "Green" extractivism also risks reproducing violations and abuses already disproportionally affecting these rightsholders.
As a result, FIDH strongly recommend:
– mandating comprehensive environmental and human rights impact assessments at all stages;
– fully complying with Indigenous Peoples’ rights to Free, Prior and Informed Consent, self-determination, land and culture;
– securing whole-of-society participation to provide economic alternatives and not exacerbate vulnerabilities, with enhanced guarantees of free and informed participation in public affairs through new local engagement mechanisms involving all potentially affected rightsholders.