Environmental Human Rights Defenders: Legal Protections across International Borders
Part II: United Nations Conventions for the Protection of EHRDs
There are several international and regional conventions which protect the rights and the work of Environmental Human Rights Defenders. In Part II of this series, we will be discussing three main categories: United Nations Conventions. Parts III and IV will expand on the Escazú Agreement in Latin America/the Caribbean, and other international instruments, respectively.
UN Conventions
The UN Conventions pertaining to the legal protections for EHRDs are numerous, but in order to understand their uses and applications, it is imperative to recognize the reasons why EHRDs are in such a vulnerable position. John Knox, in the 2017 Policy Brief for the Universal Rights Group attributes this phenomenon to three key factors:
Growing demand for the extraction and exploitation of natural resources;
The lack of political power and legal recognition of the groups that are often most affected by this increasing demand; and
Weak or corrupt legal institutions that create a culture of impunity.
These, coupled with the knowledge that human and environmental health are so interdependent, lead EHRDs to continue their opposition against extractivism, for the sake of climate mitigation strategies and a sustainable path forward, often at the cost of their own lives.
Since the adoption of the UN Charter in 1945, at least five conventions acknowledge the relationship between human and environmental rights; it is in these agreements that the following protections afforded to EHRDs are grounded.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007) sets out the political, economical, cultural and social rights of Indigenous communities to life, integrity, land and water use, etc.; this is relevant to the work of Environmental Human Rights Defenders, as many are Indigenous-identifying. UNDRIP also brought attention to the concept of “free, prior, and informed consent” (FPIC), which is a main issue in extractive industry projects, resulting in necessary EHRD opposition.
The San Salvador Protocol of 1988 establishes that states are obliged to make rights to a healthy environment, for example, a reality (Article 2: Obligation to Enact Domestic Legislation).
The Declaration on Human Rights Defenders (1998) is not legally binding, but its implementation and enactment as law at a State level is strongly supported by the UN General Assembly. Under this declaration, EHRDs are entitled to peacefully gather, to make complaints about official government policies that infringe on human rights, and to peacefully oppose “acts or omissions attributable to the State that result in violations of human rights.”
The Environmental Defenders Policy Paper (2017) states that UN Environment will: denounce violence against EHRDs, advocate for the environmental and human rights as they relate to EHRDs, support sustainable ecosystem management practices, and request government/ corporate responsibility for the persecution of EHRDs. This report provides email contact information to report violations against human rights defenders as a strategy to enact their Rapid Response Mechanism, and directs EHRDs to an online resource portal led by the Special Rapporteur on Human Rights and the Environment.
Tune in next time to learn about the evolving situation in Latin America and the Caribbean as we discuss the Escazú Agreement!
References:
John Knox, “Environmental Human Rights Defenders : a global crisis” (2017) online: Universal Rights Group, 9.
Philippe Sands & Jacqueline Peel. Principles of international environmental law, 4th ed., Print.(Cambridge: Cambridge Univ. Press, 2018), 817.
United Nation General Assembly Resolution 45/94 (1990); “Need to ensure a healthy environment for the well-being of individuals.”
Organization of American States (OAS), “Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights ("Protocol of San Salvador")”, (16 November 1999), A-52, online.
United Nations General Assembly Resolution A/RES/53/144:12; “Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.”
“Promoting Greater Protection for Environmental Defenders Policy,” (March 2018) online: United Nations Environment Program, Nairobi, 2-3.
Adapted from an Academic Paper submitted for International Environmental Law, Osgoode Law Hall & the Faculty of Environmental and Urban Change, York University; 2020.