A/HRC/25/53
handled with participation of all concerned citizens, at the relevant level… Each individual
shall have… the opportunity to participate in decision-making processes.” In 2012, in The
Future We Want, the outcome document of the United Nations Conference on Sustainable
Development (Rio+20 Conference), States recognized that “opportunities for people to
influence their lives and future, participate in decision-making and voice their concerns are
fundamental for sustainable development” (A/CONF.216/16, para. 13). Environmental
treaties that provide for public participation include the Stockholm Convention on
Persistent Organic Pollutants (art. 10), the Convention on Biological Diversity (art. 14(1)),
the United Nations Convention to Combat Desertification (arts. 3 and 5), and the United
Nations Framework Convention on Climate Change (art. 6(a)). The Aarhus Convention has
particularly detailed requirements (arts. 6–8).31
39.
The rights of freedom of expression and association are of special importance in
relation to public participation in environmental decision-making. The Special Rapporteur
on the situation of human rights defenders has said that those working on land rights and
natural resources are the second-largest group of defenders at risk of being killed
(A/HRC/4/37), and that their situation appears to have worsened since 2007 (A/68/262,
para. 18). Her last report described the extraordinary risks, including threats, harassment,
and physical violence, faced by those defending the rights of local communities when they
oppose projects that have a direct impact on natural resources, the land or the environment
(A/68/262, para. 15).
40.
States have obligations not only to refrain from violating the rights of free
expression and association directly, but also to protect the life, liberty and security of
individuals exercising those rights.32 There can be no doubt that these obligations apply to
those exercising their rights in connection with environmental concerns. The Special
Rapporteur on the situation of human rights defenders has underlined these obligations in
that context (A/68/262, paras. 16 and 30), as has the Special Rapporteur on the rights of
indigenous peoples (A/HRC/24/41, para. 21), the Committee on Economic, Social and
Cultural Rights,33 the Inter-American Court of Human Rights,34 and the Commission on
Human Rights, which called upon States “to take all necessary measures to protect the
legitimate exercise of everyone’s human rights when promoting environmental protection
and sustainable development” (resolution 2003/71).
3.
Duty to provide access to legal remedies
41.
From the Universal Declaration of Human Rights onward, human rights agreements
have established the principle that States should provide for an “effective remedy” for
violations of their protected rights. Human rights bodies have applied that principle to
human rights infringed by environmental harm. For example, the Committee on Economic,
Social and Cultural Rights has urged States to provide for “adequate compensation and/or
alternative accommodation and land for cultivation” to indigenous communities and local
farmers whose land is flooded by large infrastructure projects, and “just compensation [to]
and resettlement” of indigenous peoples displaced by forestation.35 The Special Rapporteur
on the situation of human rights defenders has stated that States must implement
31
32
33
34
35
MEA report, sect. III.A.2.
International Covenant on Civil and Political Rights, art. 2; Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, arts. 2, 9 and 12.
ICESCR report, sect. III.A.4.
For example, Kawas Fernández v. Honduras, Merits, Reparations and Costs, Judgement dated 3
April 2009 (Ser. C No. 196). For other cases, see Inter-American report, sect. III.A.4.
ICESCR report, sect. III.A.3.
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