A/HRC/43/54
achieve an appropriate balance between environmental protection and development. For
example, current knowledge makes it clear that burning existing fossil fuel reserves will
exhaust the carbon budget available to stay within the Paris Agreement commitments of
holding global warming to 1.5–2.0 degrees Celsius. Therefore, in order to avoid
catastrophic climate change and the associated human rights impacts, wealthy States should
not be permitting any further exploration for additional reserves of coal, oil or gas
(A/73/188). Often there is an excessive focus on the role of the judiciary in addressing
violations of the right to a healthy environment, but participants agreed that it was
preferable to be proactive and to prevent violations from happening in the first place. Civil
servants who assess mining, forestry and other land use permits, approve development
applications, conduct environmental assessments, and monitor compliance with
environmental laws, regulations, standards and licences are important actors and need
training on the implications and implementation of the right to a healthy environment. The
same applies to civil servants working in the water, sanitation, agriculture, chemical,
transport and building sectors.
61.
The role of business must be taken into account in order to make the human right to
a healthy environment effective. While States shoulder the responsibility for regulating
business activities that could have adverse impacts on human rights, businesses themselves
also have responsibilities regarding human rights. Although the Guiding Principles on
Business and Human Rights and the framework principles on human rights and the
environment are a good start, business responsibilities should be elaborated in greater
detail. This is particularly important when it relates to the overseas activities of
transnational corporations. Another key priority is the development of effective monitoring
and remedy mechanisms for human rights abuses caused by corporate activities. There is
also a need to raise awareness among investors regarding the human rights impacts of their
activities. Banks should be involved more proactively in undertaking due diligence with a
good set of safeguards for the protection of human rights and the environment. A good
example is the recent decision by the European Investment Bank to terminate future
financing for fossil fuel projects.35 There are good practices coming from some businesses,
and they should be made widely available and better communicated to other businesses for
replication.
62.
Participants identified the need to transform society’s myopic focus on gross
domestic product and economic growth. Positive examples discussed included the rejection
of the primacy of gross domestic product by Bhutan and its replacement with the principle
of gross national happiness, the development in New Zealand of a national well-being
budget and the enactment of a law in Wales called the Well-being of Future Generations
Act. These examples point the way towards different societal priorities, emphasizing human
well-being rather than corporate profits, and indicating the need to move from a linear to a
circular economy.36
VI. The right to a healthy environment at the global level
63.
Participants discussed the importance of recognizing the right to a healthy
environment at the global level and the ways of getting there. In light of the global
environmental crisis, there was consensus that the time for the global recognition of the
right to a healthy environment had arrived. Discussions identified multiple options,
including a new global treaty on environmental rights, a third international covenant or an
amendment to an existing international covenant, a protocol to one of the existing
international covenants or a United Nations resolution. Participants focused the
35
36
Trent Murray with Reuters, “European Investment Bank will stop funding fossil fuel projects by end
of 2021”, Euronews, 15 November 2019. Available at www.euronews.com/2019/11/14/phasing-outfossil-fuel-europe-to-discuss-ending-investments-in-coal-oil-and-gas.
“The Government of Bhutan recognizes the importance of forests vis à vis the well-being of its people
and for a long time has made the conservation of forests and the natural environment top priority in
the national development policy. The generation of direct economic revenue from commercial forest
harvesting is given low priority.” Available at www.fao.org/3/AC805E/ac805e08.htm.
15
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