A/HRC/31/53
47.
The Inter-American Commission on Human Rights established the Office of the
Special Rapporteur on Economic, Social, and Cultural Rights in November 2012. Pursuant
to his mandate, he has expressed interest in examining the implementation of the right to a
healthy environment, in line with the Protocol of San Salvador to the American Convention
on Human Rights in the Area of Economic, Social and Cultural Rights.
48.
The Inter-American Commission has held a number of thematic hearings in relation
to the situation of human rights defenders working on environmental related issues. For
example, in 2015, it held a hearing on the situation of environmental human rights
defenders in relation to extractive industries and another hearing on the situation of
defenders of women’s rights and the environment. In the past few years, the Commission
has also held many hearings in relation to defenders working on environmental issues in
specific countries. The Commission has also held hearings on the effects that extractive
industries have on the enjoyment of human rights, such as access to water.
49.
In addition, the Inter-American Commission often issues precautionary measures to
protect the lives of environmental human rights defenders. A recent example is the 2015
case of Kevin Donaldo Ramírez and family v. Honduras, in which the Commission
requested the State to adopt measures to protect an environmental human rights defender
and his family, who had been harassed and subjected to acts of violence for his activities.
2.
Other regional bodies
50.
Human rights obligations relating to the environment have also been implemented
through regional agreements on the rights to information, participation and remedy. The
leading example is the Aarhus Convention on Access to Information, Public Participation in
Decision-Making and Access to Justice in Environmental Matters, adopted by States
members of the Economic Commission for Europe. In addition to setting out clear
standards, the Convention establishes a Compliance Committee that can receive
communications by members of the public and deliver non-binding recommendations. The
credibility that the Committee enjoys among the contracting parties, other international
courts and civil society has been a significant factor promoting implementation of the
Committee’s findings. The parties to the Aarhus Convention have also established the Task
Force on Access to Justice in Environmental Matters, which provides a platform for sharing
information, experiences and good practices in relation to access to justice in environmental
matters.
51.
A more recent initiative is the negotiation by 20 States members of the Economic
Commission for Latin America and the Caribbean of a regional agreement on the rights to
information, participation and remedy. The negotiators hope to conclude the agreement by
December 2016. When adopted, the agreement will provide invaluable support to secure
the effective enjoyment of those rights. It will also help to enhance domestic laws
implementing multilateral environmental agreements and domestic policies in other areas,
including climate change, chemicals and waste management, and biological diversity.
52.
Other regional bodies, such as the Association of Southeast Asian Nations
(ASEAN), could consider the adoption of similar regional conventions and agreements. For
example, an ASEAN agreement could not only strengthen the implementation of
procedural rights, including rights related to participation and access to information, but
also build on its 2007 Declaration on Environmental Sustainability. Similarly, ASEAN
could consider the development of a framework agreement on principles and procedures for
environmental impact assessments. The framework could set out guidelines to identify
projects that would require such assessments and provide minimum standards for public
participation. Such an agreement could also strengthen and clarify ASEAN environmental
quality standards and guidelines to assist project proponents, as well as set out specific
procedures for environmental impact assessments addressing projects with direct
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