A/HRC/31/53
institutional deficits that lead to a lack of protection, violations of international law and
domestic laws that allow for targeting of environmental defenders. In addition, it was
suggested that a database could be established to make environmental defenders more
visible, to centralize the efforts of organizations that are tracking threats and other incidents
and to publicize their situation so that international attention can help to promote their
safety.
74.
Another proposal was to strengthen collaboration with other human rights
mechanisms, including the Working Group on the issue of human rights and transnational
corporations and other business enterprises. A number of issues relating to corporations and
environmental protection directly concern human rights and deserve further attention. It
was suggested that the Special Rapporteur could develop guiding questions for the Working
Group and other mechanisms to help them to continue to integrate human rights related to
the environment into their work.
75.
The Special Rapporteur received many other suggestions concerning areas that need
further clarification and analysis, including with respect to the protection of ecosystems,
transboundary environmental harm, chemical and waste management, air pollution control,
the human rights dimensions of hydraulic fracturing (fracking), the right to a remedy in
cases involving environmental destruction, children’s rights in relation to the environment
and the situation of environmental migrants.
76.
The Special Rapporteur also received a number of proposals for the implementation
of human rights obligations relating to the protection of indigenous peoples from
environmental harm, which reflect the close relationship those peoples often have with the
environment. While these proposals would certainly promote the implementation of human
rights obligations relating to the environment, they may fall more squarely within the
mandate of the Special Rapporteur on the rights of indigenous peoples. They include:
(a) collaborating with the United Nations Educational, Scientific and Cultural Organization
to establish regulations based on indigenous knowledge of environmental protection of
world heritage sites, to identify new sites of world natural heritage and to protect
endangered world heritage sites; (b) promoting the explicit and active participation of
indigenous peoples in international forums; and (c) developing a compendium of best
practices concerning free, prior and informed consent in the context of extractive activities
and other projects affecting land and human rights.
77.
Finally, a number of participants urged the Special Rapporteur to examine the
environmental safeguards adopted by international financial institutions. The view was
expressed that the proliferation of such safeguards has become confusing and that it is
important to promote their consistent and effective implementation.
IV. Conclusions and recommendations
78.
The Special Rapporteur expresses his gratitude to everyone who contributed to
the present report, including the participants in the expert meeting and the public
consultation and those who provided written submissions. As more institutions and
people around the world apply a human rights perspective on environmental issues,
their experiences provide valuable models for others.
79.
The many suggestions for methods of implementation of human rights
obligations relating to the environment should be considered and promoted by all
those in a position to do so, including the Human Rights Council, other international
and regional organizations, national Governments, and civil society organizations,
within their own spheres.
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