A/HRC/31/53
Special Rapporteur has strongly encouraged their full implementation. For example, he has
repeatedly expressed his concerns about the failures of States to meet their obligations to
protect environmental human rights defenders, and he has identified good practices to
improve their protection.
68.
In response to the request in Human Rights Council resolution 28/11 for an
increased emphasis on implementation, the Special Rapporteur has taken a more active role
in initiating communications to Governments about complaints of human rights violations
relating to the environment. He has requested countries to offer invitations to conduct
country missions, and he also intends to visit international institutions where appropriate. In
that respect, he has already had discussions with the secretariat of the United Nations
Framework Convention on Climate Change, which he hopes to visit in the second quarter
of 2016.
69.
A number of other useful suggestions for the Special Rapporteur emerged from the
expert meeting, the public consultation and the written submissions. For example, many
participants urged him to develop and disseminate guidelines to facilitate better
understanding of the human rights obligations relating to the environment. There was a
consensus that such guidance should succinctly summarize the relevant norms, be clear and
easy to understand, explain the benefits of a human rights perspective on environmental
issues and include a section on environmental human rights defenders in particular.
70.
Another suggestion is to develop handbooks or other accessible tools, such as short
briefing papers and case studies. The goal would be to explain in clear terms the human
rights principles relevant to environmental issues, perhaps aimed at specific audiences.
These publications could be complemented with a series of short videos to help advance
knowledge on specific environmental related issues.
71.
Participants also noted the need to share knowledge concerning national and
international jurisprudence in relation to environmental matters. It was suggested that a
useful resource would be a database of rulings by national judiciaries, regional and
international courts, as well as other human rights bodies, similar to the one developed by
the Special Rapporteur concerning good practices. Such a database, which could be
developed in conjunction with other partners, would not only be relevant for judges and
lawyers, but also for parliamentarians, national human rights institutions and advocates
working in this area. An additional proposal was to include in the existing database on good
practices more information on the practices of indigenous peoples regarding the
implementation of national and international obligations in the promotion of a safe and
sustainable environment.
72.
The dissemination of model constitutional provisions and legislation was also
suggested, as a means of supporting Governments in their implementation of norms relating
to the environment. A cautionary point is that implementation is often more successful
when legislation is developed through a process that includes the participation of local and
national communities. Therefore, any model provisions should be used as a draft, or
checklist, which could inform the development of laws within a country through a
participatory process.
73.
The Special Rapporteur was urged to continue to promote the protection of
environmental human rights defenders, in coordination with other special procedure
mandate holders, including the Special Rapporteur on the situation of human rights
defenders, with the goal of encouraging States to fulfil their obligation to create an enabling
environment for human rights defenders working in this area. In this respect, some specific
suggestions were made, including the creation of a comprehensive global study that
monitors and investigates the criminalization and intimidation of environmental defenders.
The study could identify the State and non-State actors that are involved as perpetrators,
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