A/HRC/31/53
A.
International actors
1.
Human Rights Council
14.
A common theme in the proposed methods of implementation is the importance of
raising awareness of the human rights norms relating to the environment. A number of
participants suggested that one way to achieve this goal would be through the adoption of a
new international instrument, which could take the form of a treaty or a declaration
prepared by the Human Rights Council. Most participants who raised this idea were more
interested in a declaration; few expressed the view that the time was right to draft a legally
binding treaty. Those who supported a new instrument argued that it would highlight the
connection between human rights and environmental protection, help to shape national laws
and enhance implementation at multiple levels. In combination with this proposal, some
also expressed the view that recognition by the United Nations of a human right to a
healthy environment would be an important way to promote the nexus between human
rights and environmental protection. Others, however, noted that the norms in this area are
still developing and stated that trying to codify the norms prematurely could interfere with
their further development.
15.
The Special Rapporteur recognizes that the negotiation and adoption of a treaty or a
declaration is a political decision entrusted to the discretion of Governments. His own
opinion is in accord with those who believe that the time is not right for the United Nations
to undertake a new treaty on this issue. Although the question is closer with respect to a
declaration, the Special Rapporteur believes that at this moment such an effort would
probably also be premature. Some of the human rights norms relating to the environment
are now well established, but others require further clarification, and still others are
evolving. While a declaration could certainly have the benefits its proponents describe, it
would also become a central point of attention for the period of its negotiation, which might
distract from the continuing development of the norms at the national, regional and
international levels. The Special Rapporteur believes that, at this point in their evolution,
some issues might better be resolved organically through their continued consideration by a
variety of human rights bodies, rather than be addressed in an intergovernmental
negotiation. This assessment could change as the field continues its rapid development.
16.
Another common theme in the discussion was the importance of continuing to
provide forums in which the human rights community and the environmental community
could come together to share views and experiences. The Special Rapporteur has
endeavoured to provide such forums through his consultations. He received a number of
proposals for the Human Rights Council to provide such forums more directly. In
particular, it was suggested that the Council establish an international forum, such as the
annual Forum on Business and Human Rights, which would focus on human rights and the
environment. Furthermore, such a forum could emphasize South-South dialogue and
cooperation in this area. The forum could either be established separately from the Forum
on Business and Human Rights, or perhaps as an adjunct to it.
17.
Another proposal to this end was the organization of a panel discussion at a Human
Rights Council session on methods of strengthening implementation of the human rights
relating to the environment. A model could be the panel discussions that the Council has
held on climate change and human rights. A new panel on implementation could bring
together a diverse range of stakeholders, which could help build bridges between the
development and the environment communities.
18.
A third set of proposals had to do with greater use of the universal periodic review
mechanism as an effective tool to examine the compliance of States with human rights
obligations related to the environment and to promote better environmental policies at the
national level. States have already used the review process to raise awareness of
4
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents