A/HRC/22/43
55.
To inform his work, he will hold a series of consultations, to the extent that funding
sources permit, devoted to particular sets of thematic issues. To facilitate widespread
participation, he will seek to hold the consultations in different regions of the world. The
Nairobi consultation in February 2012 begins this process with a focus on procedural rights
and duties. Later consultations should address the rights of vulnerable groups, substantive
rights and obligations, and duties relating to transboundary and global harm, as well as
other issues. He will also seek the views of interested stakeholders through alternative
methods, such as surveys.
56.
As part of the consultations‟ examination of human rights obligations relating to the
environment, they will also seek to identify, promote and exchange views on best (or good)
practices relating to the use of such obligations to inform, support and strengthen
environmental policymaking, in accordance with the mandate, with the eventual aim of
leading to a compilation of such practices. The Independent Expert also intends to
undertake country missions, including at least one in 2013, to further inform his study of
human rights obligations and good practices. As time and funding allow, he will also attend
conferences and expert meetings related to human rights and the environment.
57.
As the human rights obligations and good practices become more clearly identified,
the Independent Expert will draw on them in carrying out two other elements of the
mandate: making recommendations that could help the realization of the Millennium
Development Goals, especially Goal 7 on ensuring environmental sustainability; and
contributing a human rights perspective to follow-up processes to the 2012 United Nations
Conference on Sustainable Development.
V. Conclusions and recommendations
58.
In the last two decades, the relationship of human rights and the environment
has received much attention. Some fundamental aspects of that relationship are now
firmly established, but many issues are still not well understood. Clarification of
human rights obligations relating to the enjoyment of a safe, clean, healthy and
sustainable environment is necessary in order for States and others to better
understand what those obligations require and ensure that they are fully met, at every
level from the local to the global.
59.
At this preliminary stage in the work of the mandate, it may be too early for
recommendations. The Independent Expert does have two requests, however, of all
States and other interested stakeholders. First, he asks for continuing support and
feedback as he goes forward. In particular, he welcomes comments and reactions to
this report.
60.
Second, he urges States and other stakeholders to remember that the lack of a
complete understanding as to the content of all environmentally related human rights
obligations should not be taken as meaning that no such obligations exist. Indeed,
some aspects of the duties are already clear. Perhaps most obviously, otherwise
applicable human rights obligations are not lessened merely because the environment
is concerned.
61.
For example, States’ fundamental obligations to refrain from arbitrary
deprivation of life and to undertake due diligence to protect against the deprivation of
life by non-State actors do not become inapplicable merely because the deprivation
involves the environment. Similarly, States’ obligations regarding freedom of
expression and association apply fully to those seeking to exercise those freedoms for
the purpose of improving environmental protection. Environmental defenders have
human rights just as others do but, as the Special Rapporteur on human rights
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