A/HRC/40/55
high-income nations to low-income nations, where environmental and occupational
standards are lower or not vigorously enforced. 37
H.
Environmental human rights defenders
81.
Across the world there has been a terrible increase in the number of people being
murdered, criminalized, harassed, sued or otherwise intimidated because of their
courageous efforts to protect the environment and human rights. 38 Individuals working to
protect the right to breathe clean air are among the victims. One example is Phyllis Omido
of Kenya, who was subjected to death threats because she opposed a lead smelter operating
near her home. Gloria Capitan, a heroic woman from the Philippines, was killed because of
her opposition to the coal industry.
82.
States must prioritize action to protect environmental human rights defenders,
ideally by establishing institutions and rules to address the root causes of violence and
harassment, celebrating and supporting defenders’ work instead of attacking it and ensuring
justice by holding perpetrators of violence accountable for their actions. 39
V. Good practices
83.
WHO observed in 2017 that “experiences and insights about good practices are not
widely accessible or used” in the area of air pollution. 40 Therefore, the present report
highlights a number of laws, policies, programmes and initiatives that have prevented or
alleviated human rights violations caused by air pollution.
84.
Many States reported to the Special Rapporteur that they are making dedicated
efforts to improve air quality and protect their peoples’ right to live in a healthy and
sustainable environment. 41 Some are establishing or improving air quality monitoring
networks, including Azerbaijan, Bolivia (Plurinational State of), Jordan, Mali, Morocco and
Qatar. Bulgaria, Costa Rica, Croatia, Singapore and Slovakia are enacting increasingly
stringent regulations for industry, vehicles, fuels and other sectors. Improving air quality
within buildings is a priority for Bulgaria, Hungary, Montenegro and Poland. National
action plans to improve air quality are being developed or implemented in Bahrain,
Colombia, Ireland, Kuwait, Montenegro and Uruguay. Slovenia has a website dedicated to
air quality action. Colombia, Costa Rica and Uruguay are promoting renewable energy and
electric vehicles. Singapore created a vehicular emissions scheme that provides for
surcharges or rebates on new and imported vehicles based on their environmental impact.
Mali has an agency dedicated to rural electrification and adopted a law protecting human
rights defenders, including environmentalists.42
85.
The United Nations has established various initiatives to address air pollution. The
Climate and Clean Air Coalition focuses on reducing short-lived climate pollutants. The
goals of the Sustainable Energy for All initiative are to achieve universal access to modern
energy services, double the global rate of improvement in energy efficiency and double the
share of renewable energy in the global energy mix. Other initiatives include BreatheLife,
37
38
39
40
41
42
14
A. Levinson and M.S. Taylor, “Unmasking the pollution haven effect”, International Economic
Review, vol. 49, No. 1 (February 2008), pp. 223–254.
Global Witness, At What Cost? Irresponsible Business and the Murder of Land and Environmental
Defenders in 2017 (London, 2018).
See Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration
on Human Rights Defenders); and Inter-American Court of Human Rights, Kawas Fernández v.
Honduras, Merits, Reparations and Costs, Judgment of 3 April 2009.
WHO, “Draft road map for an enhanced global response to the adverse health effects of air pollution”,
document EB 138/17, p. 2, note 1.
The submissions made in response to the Special Rapporteur’s call for inputs are publicly available at
www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/AirPollution.aspx.
Law No. 2018-003 of 12 January 2018 on human rights defenders.
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