Webinar Series: Human Rights Institutions and the Environment

By Environmental Governance Programme (EGP)

Insights from Webinar Series for National Human Rights Institutions

A clean, safe and sustainable environment is integral to the full enjoyment of a wide range of human rights, including the right to life, health, food, water and sanitation, housing as well as the rights of indigenous peoples, women and children. At the same time, protecting human rights helps to protect the environment. When people are able to learn about and participate in the decisions that affect them, they can help ensure that those decisions respect their need for a healthy environment.

In recent years, the recognition of the link between human rights and the environment has increased. The number and scope of international and domestic laws, judicial decisions, and academic studies on this relationship has grown rapidly. In addition, there is a growing global concern over the threats, intimidation, attacks against and killings of environmental defenders, as well as a deeper appreciation of their vital role in promoting a healthy environment.

Despite growing awareness, skills and tools to address these issues in an integrated manner are still lacking. To help bridge this gap, the EGP, in collaboration with the UN Special Rapporteur on human rights and the environment, the Global Alliance for National Human Rights Institutions, UN Environment, and the UNDP Learning for Nature programme, organized of a series of interactive webinars for National Human Rights Institutions (NHRIs). The webinars focused on the role of NHRIs in implementing international laws and norms and protecting and promoting human rights related to the environment at the national level.

The webinars were held on 25-27 November 2019, focusing on Africa, Asia and the Pacific, Canada, Europe, and Latin America. The concept note for the webinar series is available here.

Report and Key Messages

The report with key messages and recommendations from the webinar series is available here.
Posters and key insights from each region covered in the series (Africa, Asia and the Pacific, Canada and Europe, and Latin America) are available below.

Webinar Series: Human Rights Institutions and the Environment

Africa

Right to a healthy environment and the “muscles” of empowered communities

The Constitutional recognition of the right to a healthy environment empowers the legislative, executive and the judiciary branches to address environmental issues from a rights-based perspective. It also empowers local people to enjoy their right to a safe, clean and sustainable environment.
In synergy with empowered communities, monitoring the actions of financial institutions and businesses is key for accountability and the fulfillment of human rights obligations.

NHRIs addressing legal gaps in decentralization

Strengthening skills of county/state and municipal level officials, together with political will, can contribute to use the law for positive environmental and human rights outcomes.
As activism on environmental and human rights protection increases, police officials need to be trained on how to address crowds and respect the right of peaceful assembly.

Monitoring and accountability are key for the enjoyment of the right to a healthy environment

Challenges arise when the environmental law and court judgements are not properly implemented, and a rights-based approach is not considered.
In order to address the challenges of lack of implementation of court’s decisions, NHRIs can advise right holders to request “continuing mandamus” to the court; the court can then direct the authority with concrete actions to implement over a relatively long period of time. This court’s supervisory role can foster accountability.
NHRIs can also be in a unique position to monitor court orders. Some NHRIs also engage in public interest litigation. Court injunctions can be used to stop the damage before the case is finalized.

Businesses and human rights with impacts at multiple scales

Accountability of the business sector can be difficult especially in cases where informal and unregulated businesses operate because, among other issues, it is hard to collect data and evidence.
NHRIs can intervene through contributing to the development of National Action Plans on Business and Human Right based on existing international obligations on human rights.
NHRIs can also collaborate with grassroots communities and organizations and develop public inquiries to assess impacts, which help collect data and evidence.

Asia and the Pacific

NHRIs’ creative and brave role in protecting the rights of environmental and human rights defenders

Environmental and human rights defenders are often in dangerous and vulnerable situations. Their legal status is often not explicitly mentioned in laws and policies. Clarifying the legal status of environmental human and rights defenders can contribute to protecting their rights.
Environmental and human rights defenders can contribute to the work of NHRIs with their expertise, such as investigation and advocacy. They are also right holders whose rights NHRI can help protect.

Informed by national realities, NHRIs guide national duty bearers on obligations concerning a healthy environment

Through inquiries, fact-finding missions and press conferences, NHRIs clarify the content of human rights obligations concerning a clean, safe and sustainable environment (right to a healthy environment).
NHRIs help guide the work of duty bearers on human rights, environment and climate change issues considering the reality of the country and international developments.

Businesses and human rights with impacts at multiple scales

The human rights impact of businesses is often not properly assessed. In contrast to the compulsory nature of environmental impact assessments in many countries, human rights impact assessments are often not compulsory.
While human rights impact assessments are often not compulsory, the legal status of this tool has not prevented some NHRIs to use it for monitoring both human rights and the environment.

NHRIs addressing climate change, an existential issue

Duty bearers at national levels often face legal, technical and financial obstacles to address global concerns that affect human rights, such as climate change.
While NHRIs have economic limitations, some NHRIs have used new technologies to overcome these limitations, such as conducting certain public hearings virtually as well as receiving technical and financial support from other countries.
There is scope for countries from Asia and the Pacific to become parties of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental issues. Although this convention is often thought to be European, it is actually open to all countries.

Europe and Canada

Tackling the institutional fragmentation challenge

A major challenge is the lack of cooperation between the human rights and environmental protection policy communities at the national level. To achieve human rights-based environmental and climate governance there is a need facilitate cooperation between these two communities.
Concrete solutions include the integration of human rights in the different types of environmental assessments, such as Environmental Impact Assessments, Strategic Environmental Assessments, Sector Wide Assessments. It is important to overcome the project-based assessments (such as EIAs) and focus on broader assessments that enable the identification of gaps in legislation and decision-making with regards to human rights.
There is also need for more focus on substantive rights (and not only procedural rights).

Implementation and capacity building challenge

The right to a healthy environment is a legal obligation in most countries, but the implementation is the main problem.
Action plans are important. The most successful and comprehensive plans are those that have involved different government agencies in the process. Another success factor is the involvement of other stakeholders, including businesses, in this process.
It is critical to monitor the implementation of business and human rights action plans. To put pressure on states that are unwilling to implement business and human rights action plans, it is important to build alliances with non-state actors.

Latin America

Environmental risks and degradation are experienced differently within a country and between groups

Challenges on the implementation of the right to a healthy environment may be specific to a certain geographical area within a country and are experienced differently by different groups.
NHRIs can have a proactive role from detecting an environmental problem affecting human rights to monitoring progress in law and policy implementation.
Education and capacity building of both right holders and duty bearers is also important. NHRIs have a role to play in strengthening the capacities of local governments to organize communities to respond to environmental-related risks with a rights-based approach.
Revealing the connections between distinct elements of the right to a healthy environment such as between safe climate, clean water and sanitation and food by NHRIs helps understand the actions needed for safeguarding the rights of people in vulnerable situations.

NHRIs closing gaps between distinct national, regional and international legal advances

The adoption of the Escazu Agreement (Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean), which is now open to ratification, provides an important means for working towards environmental democracy, including the protection of environmental and human rights defenders.
The landmark complaint by children to the UN Committee on the Rights of the Child on how the failure of governments to act on the climate crisis constitutes a violation of children’s rights, is setting an important example on the role that the UN human rights bodies can play in addressing environmental concerns.