A/HRC/37/59
environmental impacts, including transboundary effects and cumulative effects that may
occur as a result of the interaction of the proposal with other activities; the assessment
should result in a written report that clearly describes the impacts; and the assessment and
the final decision should be subject to review by an independent body. The procedure
should also provide for monitoring of the proposal as implemented, to assess its actual
impacts and the effectiveness of protective measures. 13
21.
To protect against interference with the full enjoyment of human rights, the
assessment of environmental impacts should also examine the possible effects of the
environmental impacts of proposed projects and policies on the enjoyment of all relevant
rights, including the rights to life, health, food, water, housing and culture. As part of that
assessment, the procedure should examine whether the proposal will comply with
obligations of non-discrimination (framework principle 3), applicable domestic laws and
international agreements (framework principles 11 and 13) and the obligations owed to
those who are particularly vulnerable to environmental harm (framework principles 14 and
15). The assessment procedure itself must comply with human rights obligations, including
by providing public information about the assessment and making the assessment and the
final decision publicly available (framework principle 7), facilitating public participation by
those who may be affected by the proposed action (framework principle 9), and providing
for effective legal remedies (framework principle 10).
22.
Business enterprises should conduct human rights impact assessments in accordance
with the Guiding Principles on Business and Human Rights, which provide that businesses
“should identify and assess any actual or potential adverse human rights impacts with
which they may be involved either through their own activities or as a result of their
business relationships”, include “meaningful consultation with potentially affected groups
and other relevant stakeholders”, “integrate the findings from their impact assessments
across relevant internal functions and processes, and take appropriate action” (see Guiding
Principles 18–19).
Framework principle 9
States should provide for and facilitate public participation in decisionmaking related to the environment, and take the views of the public into
account in the decision-making process.
Commentary
23.
The right of everyone to take part in the government of their country and in the
conduct of public affairs 14 includes participation in decision-making related to the
environment. Such decision-making includes the development of policies, laws,
regulations, projects and activities. Ensuring that these environmental decisions take into
account the views of those who are affected by them increases public support, promotes
sustainable development and helps to protect the enjoyment of rights that depend on a safe,
clean, healthy and sustainable environment.
24.
To be effective, public participation must be open to all members of the public who
may be affected and occur early in the decision-making process. States should provide for
the prior assessment of the impacts of proposals that may significantly affect the
environment, and ensure that all relevant information about the proposal and the decisionmaking process is made available to the affected public in an objective, understandable,
timely and effective manner (see framework principles 7 and 8).
25.
With respect to the development of policies, laws and regulations, drafts should be
publicly available and the public should be given opportunities to comment directly or
13
14
12
United Nations Environment Programme, Environmental Impact Assessment and Strategic
Environmental Assessment: Towards an Integrated Approach (2004), p. 42.
See Universal Declaration of Human Rights, art. 21; International Covenant on Civil and Political
Rights, art. 25.
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