A/HRC/28/61
D.
Obligation to protect the rights of expression and association
50.
The rights of freedom of expression and association are of special importance for
public participation in environmental decision-making. States have obligations not only to
refrain from violating the rights of free expression and association directly, but also to
protect the life, liberty and security of individuals exercising those rights, including when
they are exercising their rights in connection with environmental concerns (A/HRC/25/53,
para. 40).
51.
States need to do more to protect environmental human rights defenders from
harassment, interference and even death. In 2014, Global Witness reported that between the
beginning of 2002 and the end of 2013, 908 people in 35 countries were killed because of
their work defending environmental and land rights. 5 Even worse, the threats appear to be
increasing; Global Witness reported that three times as many defenders were killed in 2012
as in 2002.
52.
There is an urgent need for good practices in the protection of environmental human
rights defenders. A number of international institutions and civil society organizations (but
not, unfortunately, States) have provided examples of such practices.
53.
At the regional level, a good practice has been the clarification of legal obligations
and the issuance of precautionary measures. In its judgment of 3 April 2009 in Kawas
Fernández v. Honduras, the Inter-American Court of Human Rights held, inter alia, that a
State’s failure to protect the life of an environmental human rights defender and to
adequately investigate her death violated her rights to life and to freedom of association.
The Court required that the State compensate her relatives and take other steps to publicize
the work of environmental defenders. In addition, the Inter-American Commission on
Human Rights often issues precautionary measures to protect environmental defenders.
54.
Notable good practices adopted by civil society organizations include the following:
The Fédération Internationale des Droits de l'Homme (FIDH) and L’Organisation
Mondiale Contre la Torture (OMCT) have created an Observatory for the Protection
of Human Rights Defenders, which provides emergency protection to human rights
defenders in the field (including urgent interventions, international missions and
material assistance), cooperates with national and international protection
mechanisms, and mobilizes the international community and the media to protect
defenders.
FORUM-ASIA provides urgent assistance and protection to human rights defenders
at risk, including by providing relocation support, medical assistance and legal aid.
Protection International has developed training manuals for human rights defenders
and disseminated the information to hundreds of defenders through training
sessions.
The Environmental Law Alliance Worldwide (ELAW), a network of 300 public
interest advocates from 70 countries, provides legal and scientific support to grassroots environmental lawyers working in their home countries.
Front Line Defenders issues identification cards to human rights defenders so that
they have an easy-to-use tool to show that they are internationally recognized.
5
Global Witness, Deadly Environment: The Dramatic Rise in Killings of Environmental and Land
Defenders, April 2014, available at http://www.globalwitness.org/deadlyenvironment/.
11
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