On March 21, the 40th session of the Human Rights Council has adopted a first-of-its-kind resolution recognizing the importance of environmental human rights defenders and their protection.
Over the last three weeks, the Human Right Council (HRC) has rolled up its sleeves to further promote and protect human rights around the world. During this session, they’ve shed a light on the precarious situation of human rights defenders. In spite of some countries’ resistance, a strong consensus came together to adopt a resolution proposed by Norway entitled “Recognizing the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection, and sustainable development.”
This development is not only very welcome, but also highly necessary: In 2018, 321 defenders were targeted and killed for their work — the highest number on record so far. More than three-quarters of those murdered were environmental human rights defenders.
Environmental human rights defenders (EHRDs) play a key role in promoting and protecting our human rights. They’re the true champions working on the ground to protect people’s human right to a safe, healthy, and sustainable environment. But defending their land, ecosystems, and indigenous rights often comes with immense risks — from intimidation and harassment, to detention and criminalization, to sexual violence. And as we’ve already seen, in many places and most particularly where accountability is at its lowest, environmental human rights defenders face a very real risk of assassination.
You might wonder how this can happen. Don’t States have obligations to protect defenders from harm? The answer is yes. Under international human rights law, States must respect their rights and protect them from harm. And besides governments, businesses must also comply with human rights obligations — an ongoing challenge as corporations are one of the key perpetrators of human rights violations for human rights defenders.
Latin America is the region with the most recorded killings of EHRDs. So it’s good to see the region take an important step toward tackling this situation with the adoption of the Escazú Agreement last year. This legally binding agreement on access to information, public participation, and justice in environmental matters is a milestone for protecting EHRDs. It’s the first agreement of its kind to include an article fully dedicated to the protection of EHRDs and their ability to access information and participate in environmental matters. This emphasis was echoed by yesterday’s Human Rights Council resolution, which advocated – among other issues – unhindered access to international bodies, particularly those of the UN.
Beside access rights and underlining the positive impacts of EHRDs for society as a whole, the HRC resolution also addresses another important related issue: the environment of impunity for those who threaten human rights defenders. Research shows only 34 perpetrators were charged, and just 10 convicted, of the 908 recorded killings between 2002 and 2013. And this doesn’t consider the countless other human rights violations that go uninvestigated. The HRC resolution recognizes the need for access to justice and an effective remedy for EHRDs.
Other key aspects of the resolution include:
- The need for countries to guarantee the protection of environmental defenders by adopting laws and holistic protection measures, and by ensuring investigation into and accountability for attacks and threats against them;
- The call for businesses to carry out human rights due diligence, including with regard to the right to a safe, clean, and healthy environment, by conducting meaningful and inclusive consultations with potentially affected groups and other relevant stakeholders.
The fact that the HRC resolution was adopted this week by consensus — and therefore didn’t have to go to a vote — is a positive development in recognizing the importance of better protecting our EHRDs.
Still, the fight is far from over.
Even today, the issue of environmental human rights defenders still meets with systematic resistance by some countries. The HRC resolution was watered down substantially before its adoption. And in another example, during the UN Environment Assembly just last week, a reference to women environmental human rights defenders was stripped from a resolution on women’s rights and the environment.
We have to realize and appreciate the risk these activists take to defend our environment, on which we depend for our health and general well-being. We must continuously push for strong policies that enable a save environment for EHRDs and make sure perpetrators of rights violations are brought to justice. The HRC resolution is a first step in the right direction. Now, we need to turn our attention to governments to demand urgent and effective steps toward protecting environmental human rights defenders.
Every loss of a human being fighting for the rights of their communities and families to live in a healthy environment is a loss to the international community. Environmental defenders are at the heart of the future of our planet — and therefore, our future. We mustn’t rest until people everywhere can safely stand up for their ecosystems, land, and rights.
By Jolein Holtz, Geneva-based intern
Originally posted on March 22, 2019