A/HRC/28/61
I. Introduction
1.
In its resolution 19/10, the Human Rights Council decided to appoint an
Independent Expert on the issue of human rights obligations relating to the enjoyment of a
safe, clean, healthy and sustainable environment. The present report is his third annual
report to the Council, and the final report of the three-year mandate established by
resolution 19/10.
2.
One aspect of the mandate has been to study the human rights obligations relating to
the enjoyment of a safe, clean, healthy and sustainable environment. In March 2014, the
Independent Expert presented to the Council the results of his study of human rights
obligations relating to the environment (A/HRC/25/53). On the basis of an extensive review
of sources in human rights and environmental law, he described procedural obligations
(including duties of States to assess environmental impacts on human rights and to make
environmental information public, to facilitate participation in environmental decisionmaking, and to provide access to effective remedies), substantive obligations (including
duties of States to adopt legal and institutional frameworks that protect against
environmental harm that interferes with the enjoyment of human rights, including harm
caused by private actors), and obligations concerning those who may be particularly
vulnerable to environmental harm (including women, children and indigenous peoples).
3.
In the past year, the principal focus of the Independent Expert has been on a second
aspect of the mandate: to identify, promote and exchange views on best practices relating to
the use of human rights obligations and commitments to inform, support and strengthen
environmental policymaking, especially in the area of environmental protection, and, in that
regard, to prepare a compendium of best practices. The previous annual report describes the
minimum obligations relating to the environment that human rights law places on all States;
this report examines practices of national Governments, subnational Governments,
international organizations, civil society organizations, corporations and others that employ
human rights obligations relating to the environment in ways that go beyond the minimum
standards.
4.
At the outset, the Independent Expert reiterates his preference for the term “good
practices” rather than “best practices” because, in many situations, it is not possible to
identify a single “best” practice. In this regard, he agrees with other mandate holders,
including the Special Rapporteur on the human right to safe drinking water and sanitation
(A/HRC/10/6, para. 34).
5.
On the basis of nine regional consultations and expert meetings, two country visits
and dozens of responses to questionnaires sent to States, civil society organizations and
others, and with the vital assistance of the United Nations Environment Programme
(UNEP) and other partners, the Independent Expert has compiled more than 100 good
practices in the use of human rights obligations relating to the environment. Section II of
this report describes the process by which the practices were identified. Section III
describes the practices themselves, organizing them into nine categories corresponding to
the obligations identified in last year’s mapping report (A/HRC/25/53). Section IV provides
conclusions and recommendations for further work.
6.
The Independent Expert also carried out other activities related to the mandate in
2014. In his March 2014 presentation to the Council, he stated that he would look at two
thematic issues in particular: the problems facing environmental human rights defenders,
and the relationship between climate change and human rights.
7.
In 2014, he participated in three meetings on environmental human rights defenders.
In March, he took part in a meeting hosted by the Universal Rights Group in Geneva, which
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