A/HRC/40/55 I. Introduction 1. In its resolution 19/10, the Human Rights Council recognized that the human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment required clarification. The Council appointed John H. Knox as Independent Expert to study the obligations and to identify related best practices. The Independent Expert prepared two reports for the Council, mapping the statements of human rights bodies on human rights obligations relating to the environment (A/HRC/25/53) and describing more than 100 good practices in fulfilling the obligations (A/HRC/28/61). 2. In its resolution 28/11, the Council extended the mandate of the mandate holder as Special Rapporteur. Mr. Knox produced thematic reports addressing human rights obligations related to climate change (A/HRC/31/52), biodiversity (A/HRC/34/49) and children’s rights and the environment (A/HRC/37/58). In 2018, he presented to the Council framework principles on human rights and the environment (A/HRC/37/59, annex), the main human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment. 3. In its resolution 37/8, the Council renewed the mandate for a further three years. David R. Boyd was appointed as the new Special Rapporteur on 1 August 2018. 4. On 25 October 2018, Mr. Boyd presented his thematic report on the global recognition of the right to a safe, clean, healthy and sustainable environment (A/73/188) to the General Assembly, written jointly with Mr. Knox. He organized an expert consultation on human rights and environmental challenges in New York on 22 and 23 October 2018, in cooperation with SwedBio, Terre des hommes and the United Nations Environment Programme (UNEP). The Special Rapporteur participated in the First Global Conference on Air Pollution and Health, convened by the World Health Organization (WHO) in Geneva from 30 October to 1 November 2018. From 7 to 18 December 2018, the Special Rapporteur undertook a country visit to Fiji. A separate report will highlight his findings and recommendations. 5. To prepare the present report, the Special Rapporteur organized a public consultation with States, international organizations and other relevant stakeholders in Geneva on 29 October 2018. He also held a consultation with civil society representatives on 31 October 2018. These consultations complemented the call for inputs on air pollution and human rights circulated to all Member States on 27 September 2018, as well as to civil society organizations, private actors and academics. 6. In its resolution 37/8 the Council noted that more than 100 States had recognized some form of a right to a healthy environment in, inter alia, international agreements, their constitutions, legislation or policies. The Special Rapporteur would like to clarify the extent to which States are clearly obligated to respect, protect and fulfil the right to a healthy environment because of binding international treaties, constitutions and national environmental legislation. All of the following information is current as of 1 December 2018. 7. The African Charter on Human and Peoples’ Rights of 1981 provides that “all peoples shall have the right to a general satisfactory environment favourable to their development” (art. 24). There are 53 States parties to the African Charter. 8. The 1988 Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) states that “everyone shall have the right to live in a healthy environment” (art. 11 (1)). There are 16 States parties to the Protocol of San Salvador. 9. The Arab Charter on Human Rights of 2004 includes the right to a healthy environment as part of the right to an adequate standard of living that ensures well-being and a decent life (art. 38). There are 13 States parties to the Arab Charter. 10. The 1998 Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters (Aarhus Convention) refers to “the 2