A/HRC/37/59
44.
States should develop environmental education, awareness and information
programmes to overcome obstacles such as illiteracy, minority languages, distance from
government agencies and limited access to information technology, in order to ensure that
everyone has effective access to such programmes and to environmental information in
forms that are understandable to them. States should also take steps to ensure the equitable
and effective participation of all affected segments of the population in relevant decisionmaking, taking into account the characteristics of the vulnerable or marginalized
populations concerned.
45.
States should ensure that their legal and institutional frameworks for environmental
protection effectively protect those who are in vulnerable situations. They must comply
with their obligations of non-discrimination (framework principle 3), as well as any other
obligations relevant to specific groups. For example, any environmental policies or
measures that may affect children’s rights must ensure that the best interests of children are
a primary consideration.28
46.
In developing and implementing international environmental agreements, States
should include strategies and programmes to identify and protect those vulnerable to the
threats addressed in the agreements. 29 Domestic and international environmental standards
should be set at levels that protect against harm to vulnerable segments of the population,
and States should use appropriate indicators and benchmarks to assess implementation.
When measures to safeguard against or mitigate adverse impacts are impossible or
ineffective, States must facilitate access to effective remedies for violations and abuses of
the rights of those most vulnerable to environmental harm.
Framework principle 15
States should ensure that they comply with their obligations to
indigenous peoples and members of traditional communities, including
by:
(a)
Recognizing and protecting their rights to the lands, territories and
resources that they have traditionally owned, occupied or used;
(b)
Consulting with them and obtaining their free, prior and informed
consent before relocating them or taking or approving any other measures that may
affect their lands, territories or resources;
(c)
Respecting and protecting their traditional knowledge and practices in
relation to the conservation and sustainable use of their lands, territories and
resources;
(d)
Ensuring that they fairly and equitably share the benefits from activities
relating to their lands, territories or resources.
Commentary
47.
Indigenous peoples are particularly vulnerable to environmental harm because of
their close relationship with the natural ecosystems on their ancestral territories. The United
Nations Declaration on the Rights of Indigenous Peoples and the International Labour
Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), as well as
other human rights and conservation agreements, set out obligations of States in relation to
the rights of indigenous peoples. Those obligations include, but are not limited to, the four
highlighted here, which have particular relevance to the human rights of indigenous peoples
in relation to the environment.
28
29
18
Sacred Sites and on Lands and Waters Traditionally Occupied or Used by Indigenous and Local
Communities.
See Convention on the Rights of the Child, art. 3 (1).
See, for example, Minamata Convention on Mercury, art. 16 (1) (a), annex C.
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