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Latin America and Caribbean urgently need strong, legally binding treaty on environmental rights, say UN experts

Press release by the Office of the United Nations’ High Commissioner for Human Rights.


GENEVA (27 November 2017) – UN rights experts* are urging governments in Latin America and the Caribbean to adopt a strong agreement on environmental rights, including rights to information, participation and access to justice

“It is now crucial for governments in the region to act in solidarity and to accept legally binding rules to protect both human rights and the environment,” the experts said.

The appeal comes as Latin American and Caribbean states meet in the Chilean capital, Santiago, for their eighth round of negotiations under the auspices of the UN Economic Commission on Latin America and the Caribbean.

The negotiations are seeking to implement Principle 10 of the 1992 Rio Declaration, in which States all around the world committed to promote access to information on the environment, to foster participation in decision-making processes affecting it, and to provide access to justice in environmental matters.

“I commend the efforts by States during the past years of negotiations. They have come a long way and made a lot of progress. But time is pressing. They should finish their work by concluding a strong, legally-binding treaty for the region,” stressed one of the experts, the UN Special Rapporteur on human rights and the environment, John Knox.

A majority of States in the region have already signed a declaration affirming their commitment to achieving a binding law promoting the full application of Principle 10.

“The adoption of the proposed new environmental treaty would be an important milestone for the region. It would be a tangible expression of solidarity and realization of States’ commitment to human rights and to environmental protection,” the experts said.

“We would welcome if the agreement would clarify that States should incorporate in environmental impact assessments not only potential health impacts on people, but as well other social impacts, including impacts on the rights to food, work, housing, safe drinking water and sanitation,” the experts stressed.

“I hope the treaty will strengthen the right to information, participation and access to justice in relation to large energy, infrastructure and extractive industry projects in the region funded by private, bilateral or multilateral financial institutions,” added Juan Pablo Bohoslavsky, Independent Expert on foreign debt and human rights.

The agreement is particularly important, the experts noted, because the region is one of the most dangerous in the world for environmental human rights defenders. In 2016 alone, more than 100 environmental defenders were killed in the region.

“To protect the environment, we must protect the human rights of people who work to defend the environment,” Knox emphasized. “This agreement would be a leap forward in that crucial effort.”


*The UN experts: Mr. John H. Knox, Special Rapporteur on human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment; Mr. Léo Heller, Special Rapporteur on the human rights to safe drinking water and sanitation; Ms Hilal Elver, Special Rapporteur on the Right to Food; Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ms. Annalisa Ciampi, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mr. Saad Alfarargi, Special Rapporteur on theRight to Development;Mr. Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order; Mr. Obiora C. Okafor, the Independent Expert on human rights and international solidarity; Mr. Juan Pablo Bohoslavsky,Independent Expert on the effects of foreign debt and human rights.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. They are not UN staff and are independent from any government or organization. They serve in their individual capacity and do not receive a salary for their work.

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