A/HRC/19/34
references to State obligations under international law to protect the environment and to
fulfil human rights that may be threatened by environmental damage.
42.
In August 1989, the Sub-Commission on Prevention of Discrimination and
Protection of Minorities (later called the Sub-Commission on the Promotion and Protection
of Human Rights), a subsidiary body of the Commission on Human Rights, mandated the
preparation of a study of environmental degradation and its relation to human rights. The
final report was presented in 1994 by Fatma Zohra Ksentini, and offered the SubCommission the possibility for the first time of considering environmental problems
comprehensively and with a specific focus on their relation to human rights
(E/CN.4/Sub.2/1994/9). The Ksentini report was a landmark precedent that detailed the
interconnection of these two fields. The main conclusion of the report is that environmental
rights are already part of the existing and universal human rights standards and principles,
and that they are recognized at the national, regional and international levels. A set of
principles on human rights and environment was also annexed to the report, but no action
was taken on the principles.
43.
In 1997, the Sub-Commission entrusted to El Hadji Guissé the preparation of a
working paper on the right of access of everyone to drinking water supply and sanitation
services (E/CN.4/Sub.2/1998/7). Mr. Guissé presented his report in 1998, finding that the
right to “water is essential to everyone’s life” and is closely linked to the existence of
human life itself and fundamental rights such as health and housing. This report also noted
the linkage between water, on the one hand, and peace and security, on the other, given that
scarce water resources and the lack of access to drinking water and sanitation provoke
armed conflict. Access to water is also related to cultural and collective rights, such as the
right of peoples to self-determination and their inalienable right to possess and consume
their own wealth and natural resources.
44.
The Commission on Human Rights first expressed an interest in exploring the link
between environmental preservation and the promotion of human rights in 1990 in its
resolution 1990/41. Over the years, the Commission drew attention to the negative impacts
of environmental damage on the enjoyment of some human rights. It pointed out the
importance of adopting environmental policies that take into consideration the impact of
environmental degradation on marginal groups, especially those discriminated against
because of their ethnic origin. In a similar vein, the Commission in its resolution 2005/60
recommended that States take “all necessary measures to protect the legitimate exercise of
everyone’s human rights when promoting environmental protection and sustainable
development”.
45.
In 1995, the Commission appointed the Special Rapporteur on the adverse effects of
the illicit movement and dumping of toxic and dangerous products and wastes on the
enjoyment of human rights. The Special Rapporteur presented her first report to the
Commission in 1996 (E/CN.4/1996/17), and since then the mandate holder has produced
annual reports, conducted several country visits and processed numerous individual
complaints relevant to its mandate. The Special Rapporteur has continually drawn attention
to the negative effects of inadequate hazardous waste management infrastructure on the
environment and individuals’ and communities’ well-being.
46.
The Commission on Human Rights also appointed a Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people (subsequently
renamed as the Special Rapporteur on the rights of indigenous peoples). The Special
Rapporteur stated that major indigenous rights issues relate to land, territory, the
environment and exploitation of natural resources, in addition to poverty, low standards of
living and the negative social, economic and environmental impacts that result from
development projects. Further, the Special Rapporteur identified self-government,
autonomy, political participation and the right to self-determination as issues deserving
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