A/HRC/25/53
57.
Again, special rapporteurs have taken equivalent positions with respect to rights
within the scope of their mandates.55 For example, the Special Rapporteur on the human
right to safe drinking water and sanitation has emphasized that “successful regulation
depends not only on standard-setting, but also on strong independent regulators…
Regulators need to have the capacity, in terms of human resources, skills, funding and
independence from interference, to monitor whether regulations are being complied with,
carry out on-site inspections, and impose fines and penalties in the case of breaches”
(A/68/264, para. 52).
2.
Obligations to protect against environmental harm from private actors
58.
As the then Special Representative of the Secretary-General on business and human
rights explained, “the State duty to protect against non-State abuses is part of the very
foundation of the international human rights regime. The duty requires States to play a key
role in regulating and adjudicating abuse by business enterprises, or risk breaching their
international obligations” (A/HRC/4/35, para. 18). Such abuses can include environmental
harm that infringes human rights. The Special Representative reviewed 320 cases of alleged
corporate-related human rights abuses and found that nearly one third of the cases alleged
environmental harm that affected human rights, including the rights to life, health, food and
housing. Most of the cases of direct harm to communities involved environmental impacts
(A/HRC/8/5/Add.2, para. 67).
59.
The Guiding Principles on Business and Human Rights endorsed by the Human
Rights Council in 2011 state that States are required, inter alia, to “protect against human
rights abuse within their territory and/or jurisdiction by third parties, including business
enterprises,” including by “taking appropriate steps to prevent, investigate, punish and
redress such abuse through effective policies, legislation, regulations and adjudication”
(A/HRC/17/31, principle 1). The Guiding Principles also make it clear that States have an
obligation to provide for remedies for human rights abuses caused by corporations, and that
corporations themselves have a responsibility to respect human rights. These three pillars of
the normative framework all apply to environmental human rights abuses such as those
described in the earlier report of the Special Representative.
60.
Many other human rights bodies have explicitly connected States’ duty to protect
against human rights abuses by non-State actors to such abuses caused by pollution or other
environmental harm. The Committee on Economic, Social and Cultural Rights has stated
that “corporate activities can adversely affect the enjoyment of Covenant rights”, including
through harmful impacts on the natural environment, and reiterated the “obligation of States
Parties to ensure that all economic, social and cultural rights laid down in the Covenant are
fully respected and rights holders adequately protected in the context of corporate
activities” (E/C.12/2011/1, para. 1). In the context of the right to water, the Committee has
made it clear that the duty to protect extends to adopting and enforcing effective measures
to restrain third parties from infringing the right through pollution of water sources (general
comment No. 15 (2002), paras. 23 and 44(b)).56
61.
The African Commission has stated that “Governments have a duty to protect their
citizens, not only through appropriate legislation and effective enforcement but also by
protecting them from damaging acts that may be perpetrated by private parties”, and has
held that by allowing oil companies “to devastatingly affect the well-being of the Ogonis”,
55
56
16
Report on special procedures, sect. III.B (citing statements relating to rights to health, water, food and
housing).
For other statements by the Committee, see ICESCR report, sect. IV.B. For statements by the special
procedures, see Report on special procedures, sect. IV.
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