Posts Tagged ‘Escazú Agreement’

Inter-American Court on the Escazú Agreement’s protection for environmental defenders

March 8, 2024

On 7 March 2024, the ISHR report that the Inter-American Court of Human Rights examined the Escazú Agreement’s role in safeguarding environmental defenders, a landmark move for climate justice and human rights

The Advisory Opinion, which has already garnered a record number of interventions – over 250, a record in the history of the court – will mark a rare instance in which the Court will analyse a treaty that is not part of the Inter-American System, but of the Economic Commission for Latin America and the Caribbean: the ‘Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean’, also known as the ‘Escazú Agreement‘. For more on this, see: https://humanrightsdefenders.blog/tag/escazu-agreement/

In order to support the protection of environmental defenders, ISHR filed an intervention on environmental defenders, in collaboration with CIEL, FARN, and other international, regional and national organisations and human rights experts. 

The obligation to effectively protect EHRDs

The Inter-American Court of Human Rights has already recognised that States are obliged to protect human rights defenders, arising from the general obligations to protect the rights to life and integrity of the person, among others. However, the Court has yet to expressly establish whether protecting environmental defenders is an obligation that also derives from environmental commitments made by States, as these stakeholders are an indispensable partner in the fight against climate change. 

This is an opportunity for the Court to recognise that, in order to guarantee the right to a clean, healthy and sustainable environment, States must protect environmental defenders, as violating their rights also violates the rights they are defending.

The Court is also called to elaborate upon the specific protection needs of Indigenous, women and youth defenders. These groups face particular forms of attacks which must be addressed with cultural and gender perspectives, taking into account not only the particularities of the attacks they suffer, but also of their needs and desires. 

In the case of Indigenous groups, the existing jurisprudence of the Court on recognising collective rights, along with the language used in article 9 of the Escazú Agreement – which establishes that ‘persons, groups and organisations’ can defend human rights – provides an opportunity to firmly establish the existence of a collective right to defend human rights, as well as the State’s obligation to set up and adapt their protection measures and mechanisms to ensure that collective protection is available when needed.

Environmental defenders and ‘access rights’

While the express mention of environmental defenders in the Escazú Agreement is extremely important, it is not its main focus. The treaty contains several obligations for States to guarantee access to information, to decision-making spaces and to justice in environmental matters. 

These ‘access rights’ are applicable to all persons, but the Inter-American Court must reaffirm and elaborate upon its own jurisprudence related to their applicability for environmental defenders, which states that: ‘defenders cannot properly defend environmental rights if they cannot exercise their own rights of access to information, freedom of expression, assembly and peaceful association, guarantees of non-discrimination and participation in decision-making‘.

This is also an opportunity for the Court to clearly assert that private actors are also under the obligation to respect these rights, which includes conducting meaningful consultations and ensuring the free, prior and informed consent of communities affected by their projects.

The extent of the Advisory Opinion

Latin America is the region with the most and the oldest laws and protection mechanisms regarding human rights defenders, so it was only logical that it would be the first region to adopt the first treaty that expressly protects them.

The Inter-American Court has also been a pioneer in this regard. It was the first regional human rights court to deal with human rights defenders’ cases and order structural reforms to better protect them.

These successes must be celebrated, but there is still work to be done. The coming years will see an increase in three areas, all linked with one another: climate crisis, the amount of environmental defenders, and the risks faced by defenders. 

The Court must seize this opportunity and set an example for countries in the region and beyond on how to properly defend the rights of those that defend our rights.

See the intervention here: Amicus 1 IACrtHR AO on CC and EHRDs

https://ishr.ch/latest-updates/environmental-defenders-and-the-inter-american-court-advisory-opinion-on-climate-change

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Environmental defenders call for better protection by the African Commission

November 11, 2023

The Environmental Rights Agreement Coalition called on the African Commission on Human and Peoples’ Rights to develop an environmental rights agreement to increase public participation and protect environmental rights defenders. The Environmental Rights Agreement (ERA) Coalition organised, on 21 October 2023, a side event on the margins of the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights (African Commission).

Participants shared information on the movement for an environmental rights legal framework for Africa, lessons learned and generated wider support for the ERA movement. Joseph Burke, Head of Universal Rights Group Africa noted some progress in the protection of the environment globally such as the African Leaders Nairobi Declaration on Climate Change and Call to Action, Paris Agreement and the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (ESCAZU Agreement). However, environmental rights defenders continue to face significant barriers to the conduct of their activities. According to Global Witness, one environmental defender was killed every two days in 2022 while the rest were subjected to violence, harassment and criminalisation. In its statement before the African Commission, ISHR reiterated this worrisome trend on the African continent.

Rights of Indigenous communities not recognised

Two panellists reviewed national trends in Kenya and Tanzania on the protection of environmental rights and public participation. In Kenya, Emily Kinama, Research and Litigation Associate at Katiba Institute stated that there do not exist laws which cater for environmental rights in Kenya. Civil society organisations have used public interest litigation to challenge laws that criminalise environmental and land rights defenders but the impact of these actions has, at times, been marginal because of strategic lawsuits against public participation. ‘Indigenous peoples’ rights are not recognised despite the African Court on Human and Peoples’ Rights’ judgment in the Ogiek case reiterating the obligations of Kenya to promote and protect their rights. This judgement has not been implemented by Kenya, six years after it was handed down’, said Kinama. She concluded by stating that ‘Kenya should continue to recognise their rights and pass laws and processes following the historical injustice stage and ensure the participation of Indigenous population in the protection of the environment given that Indigenous peoples have been protecting it since time immemorial’. 

The relevance of inclusive participation

In her presentation, Miriam Tikoine, from the Maasai Women Development Organization, highlighted the necessity to involve the Maasai, and other pastoral communities in environmental and climate change debates, and to raise their awareness on environmental matters for them to understand the importance of protecting the environment.

Farmers should be trained on how to face climate change issues and adapt their farming practices; youth, traditional leaders and women should understand carbon credit-related concerns so that they can take action. If everyone is not involved, climate change and environmental concerns will remain a matter of just a few.

Litigating environmental rights

The African Commision’s Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals, Commissioner Remy Lumbu, called on States to strengthen human and environmental rights education, transparency and accountability in extractive industries to prevent leonine contracts which only benefit powerful businesses and sacrifice the interests and rights of present and future generations. Environmental rights defenders raise their voices against such contracts and stand against State and business’ practices which endanger the planet. Commissioner Lumbu said that this role played by environmental defenders has been recognised by the African Commission which has established this mechanism to remind States of their obligations, send urgent appeal letters or publish press releases when environmental defenders are in danger. These efforts must be honed by increased litigation activism, before national and African human rights bodies, on the part of NGOs. 

We have not had enough communications on environmental rights concerns. NGOs must start challenging behaviours of States before the African Commission or the Court. If 40 NGOs decide to work on one case each, we will have 40 environmental rights-related cases before the African Commission in one year.

The need for an environmental rights instrument

The Coalition called the Special Rapporteur, and the African Commission as a whole, to champion a process geared towards the development and the adoption of an environmental rights instrument.

The impact of businesses has crossed on people leading them into poverty. As civil society organisations, we have realised we need to protect our resources and planet and those who put their lives at risk. Environmental rights defenders are at the forefront but have been victims of several human rights violations including arbitrary killings. With the massive onslaught of business in Africa, our resources and individuals protecting them must be protected by a tailor-made legal instrument as other regions have done.

https://ishr.ch/latest-updates/achpr77-environmental-defenders-call-for-better-protection-by-the-african-commission/

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Escazu treaty comes into force on 22 April but its success will depend on the commitment of governments and big business

April 20, 2021

The Thomson Reuters Foundation on 19 April 2021 wrote about the treaty aimed at protecting activists in Latin America which could be a life-saving watershed in a region where scores are murdered each year. But the pact’s success will depend on the commitment of governments and big business, rights advocates said.

Nicaraguan activist Lottie Cunningham, who described the Escazu treaty as “extremely important”, has come to expect death threats and online abuse as she fights mining and agriculture projects on indigenous lands in the Central American country. [see: https://www.trueheroesfilms.org/thedigest/laureates/87abe411-b3ca-4301-8607-c894d7e4ecce ]

“We have suffered intimidation, harassment and death threats defending indigenous rights, and mother earth and its natural resources,” said Cunningham, an indigenous lawyer.

“It’s virtual warfare. ‘War means blood’ was one of the messages I received on Facebook,” said Cunningham, who heads the Centre for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN).

But in the world’s deadliest region for campaigners such as Cunningham, the Escazu agreement is raising hopes among some that they will be better protected, and cause the perpetrators of crimes to be brought to justice.

The accord, which comes into force on April 22, has been signed by 24 of the region’s 33 countries, so far, and formally ratified by 12. Nicaragua is among the dozen nations that have agreed to make it legally binding.

Beyond the treaty’s safeguards for activists, Cunningham said she hopes it will allow “the effective participation” of indigenous people in decisions about permits and concessions to companies such as mining firms and cattle ranchers.

The treaty also obligates countries to ensure activists can access public information on environmental cases and issues.

David R Boyd, the UN’s special rapporteur on human rights and the environment, said the “groundbreaking” treaty could be “a life-saving game changer”. “It is the first treaty in the world that includes specific obligations on governments to protect environmental and human rights defenders,” he said.

“Globally some Latin American countries have been hotspots of violence against environmental and human right defenders, and this treaty is directly intended to address that by raising the bar and creating obligations on governments.”

It could push countries to tighten their own laws to ensure crimes against environmentalists, which too often go unpunished, are investigated and perpetrators prosecuted, Boyd added.

The agreement comes into effect while attacks against activists are rising in some Latin American countries. See also: https://humanrightsdefenders.blog/2020/11/11/in-3-months-the-escazu-agreement-should-come-into-force/

In the Americas last year, 284 human rights defenders were killed, accounting for 86% of the global tally, according to data published this month by campaign group Front Line Defenders.

Colombia, which has signed the Escazu treaty, was the deadliest country for land rights activists and environmentalists last year, according to a 2020 report by advocacy group Global Witness. It found 64 land rights activists were killed in Colombia last year — up from 25 in 2018 — the highest level Global Witness has yet recorded in the country.

Honduras, which has not yet signed the Escazu pact, is another hotspot for violence, where in one recent attack in December masked men with guns and machetes gunned down an environmentalist activist in front of his family. Brazil is unlikely to ratify.

The treaty orders countries to set up bodies to monitor, report and ensure new rules are adhered to, and specifies the rights of environmentalists, including their right to freedom of expression, free movement and peaceful assembly.

Boyd said much of the conflict that places environmentalists in danger is driven by disagreements over projects led by extractive industries and failing to consult communities about activities on their lands.

For the treaty to work in practice, governments and companies must recognise the right of indigenous people to decide what happens on their lands and to be property informed and consulted about projects to stem violence, he said.

“That straightforward step would actually prevent a lot of the conflicts that are leading to peoples’ lives being placed in jeopardy,” he said.

Government commitment to ensure adequate resources and changes in corporate values will also be key, said Marina Comandulli, a campaigner at advocacy group Global Witness.

“[It will only work] if it is properly funded, if every country in the region commits to implementing it, and if big companies start putting people and planet first,” she said, adding that attitudes must shift, too.

“Defenders are routinely threatened, criminalised and killed in Latin America and the Caribbean. Often, that violence is linked to corporate activity, and governments have been complicit in perpetrating it,” she said.

“Defenders are central in the fight against the climate crisis … we need a zero-tolerance approach to violence and to threats.”

Thomson Reuters Foundation

https://www.sightmagazine.com.au/news/19847-war-means-blood-can-a-treaty-stop-latin-american-activists-being-killed

https://dialogochino.net/en/climate-energy/42265-brazil-set-to-ignore-escazu-agreement-that-protects-environmental-activists/

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In 3 months the Escazú Agreement should come into force

November 11, 2020

On 9 November 2020, a very large group of UN human rights experts welcomed the impending entry into force of the first environmental human rights treaty in Latin America and the Caribbean, known as the Escazú Agreement, lauding it as a ground-breaking pact to fight pollution and secure a healthy environment. [see: https://humanrightsdefenders.blog/2019/12/23/escazu-agreement-to-protect-environmental-human-rights-in-latin-america-stalling/]

‘In the face of proliferating environmental conflicts and persistent intimidation, harassment and detention of environmental human rights defenders, the Escazú Agreement offers hope to the countless individuals and communities in the region that suffer from pollution and the negative impacts of extractive industries,’ said the UN Special Rapporteur on toxics and human rights, Marcos Orellana.

The Escazú Agreement includes strong protections for indigenous peoples and environmental human rights defenders, at a time when they are subject to unprecedented levels of violence.

The experts expressed hope that the treaty could serve as a model for other regions to improve cooperation and mobilise efforts for better governance of natural resources and environmental protection through transparency, accountability and community engagement. By ensuring people’s rights to information, participation, and access to justice, the Agreement affirms a strong rights-based approach to environmental governance.

The experts also voiced concern over disinformation campaigns that have obfuscated public debate in certain countries of the region.

‘We urge those countries who have yet to ratify or adhere, to join regional efforts and demonstrate best practice for a more just and sustainable region,’ the experts said.

The Escazú Agreement will enter into force 90 days following the 11th ratification. The experts commended the 11 countries that ratified the agreement: Antigua and Barbuda, Argentina, Bolivia, Ecuador, Guyana, Nicaragua, Mexico, Panama, Saint Vincent and the Grenadines, Saint Kitts & Nevis, and Uruguay.

‘The remaining nations in the Latin America and Caribbean region should move quickly towards ratifying the Escazú Agreement in order to maximise the treaty’s effectiveness in protecting human rights in the face of today’s interconnected climate, biodiversity, and pollution crises,’ the experts said.

https://www.marketscreener.com/news/latest/UN-Experts-Hail-Landmark-Environmental-Treaty-in-Latin-America-and-the-Caribbean–31739025

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Escazú Agreement to protect environmental human rights in Latin America stalling

December 23, 2019
Credit Wikipedia Commons
Fermin Koop in ZME Science of 16 December 2019  writes about the Escazú Agreement that wants to protect environmental human rights in Latin America. Approved in 2018 after six years of negotiations, the Escazú Agreement is the first environmental human rights treaty in Latin America and the Caribbean – the region with one of the world’s richest biodiversity, but also very dangerous for environmental defenders. [see also: https://humanrightsdefenders.blog/2019/09/11/opening-statement-by-un-high-commissioner-michelle-bachelet-focuses-very-much-on-climate-change/#more-13457]. The agreement, which name comes from the Costa Rican town where it was signed, forces states to protect the people that defend the environment. But not just states. It is based on the spirit of the UN Guiding Principles on Business and Human Rights regarding companies’ obligations to respect human rights, and aims to bring those principles into play when it comes to the environment.

Despite being signed a year ago, the agreement hasn’t entered into force yet as it requires 11 of Latin America and the Caribbean’s 33 countries to ratify it. Only five have done that so far: Bolivia, Guyana, Saint Kitts, and Nevis, Saint Vincent and the Grenadines, and Uruguay. A group of 16 countries have signed it but not ratified it: Colombia, Antigua and Barbuda, Argentina, Brazil, Costa Rica, Ecuador, Granada, Guatemala, Haiti, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic and Saint Lucia. Another group of 10 countries has not signed it: Bahamas, Barbados, Belize, Cuba, Dominica, El Salvador, Honduras, Suriname, Trinidad and Tobago, Venezuela and Chile.

The NGO Global Witness tracks every year the number of people killed because of standing up for their rights and defending the environment. In 2018, the figure reached 164 people, with more than half taking place in Latin America – the most violent region for environmental defenders in the world. [https://humanrightsdefenders.blog/2019/07/30/in-2018-three-murders-per-week-among-environmental-human-rights-defenders/]

A recent journalistic project called Land of Resistants, looked at the situation faced by environmental defenders in Latin America. They were subject to 1.356 attacks and incidences of violence between 2009 and 2019, according to the findings. Up to 50% of the attacks were targeted at people from ethnic minorities.

https://www.zmescience.com/science/escazu-agreement-16122019/

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Opening statement by UN High Commissioner Michelle Bachelet focuses very much on climate change

September 11, 2019

The Opening statement by UN High Commissioner for Human Rights, Michelle Bachelet, at the 42nd Session of the UN human Rights Council in Geneva on 9 September 2019 was widely reported in the media as having an exceptionally strong focus on climate change and human rights.

The crucial paragraph on environmental human rights defenders is quoted below:

Read the rest of this entry »

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CIVICUSat the 40th Human Rights Council: counter-terrorism, environmental defenders and more

February 28, 2019
During the 40th session of the UN Human Rights Council, the NGO CIVICUS will be presenting research and conducting advocacy activities and is organising a number of side events, issuing advocacy statements and supporting our members engage in official proceedings, where they can inform government and UN officials on the state of civic space conditions in their countries.

Panel discussions CIVICUS will be co-organising:

Friday, 1 March, 13:00-14:00 (Room XXVII) | The Role of Counter-Terrorism Laws in the Closing of Civic Space | Civic Space Initiative (Article 19, CIVICUS, ECNL, ICNL, World Movement for Democracy)

This event will examine the misuse of counter-terrorism laws by States to target government critics and human rights defenders. The panel will look at how states are abusing security legislation to curtail civic freedoms. See full invitation. Speakers include:

Tuesday,  5 March, 13.00-14:00 (Room XXVII) | Escazú and Beyond: Strengthening the Global Normative Framework on Protecting Environmental Defenders | Article 19, Centre for Environmental Rights, CIVICUS, Defend Defenders, Frontline Defenders, Global Witness, Ground Work, Human Rights Watch,  International Land Coalition

This side event will review State obligations for protecting the rights of environmental defenders and how the recently adopted Escazú Agreement can inform the work of the Human Rights Council. The panel will look at how the standards of the regional Escazú Agreement in Latin America and the Caribbean can support global efforts to end the widespread attacks against environmental and land rights activists. See full invitation. Speakers include:

  • Leiria Vay, Comité de Desarrollo Campesino, CODECA Guatemala
  • Matome Kapa, Attorney, Centre for Environmental Rights, South Africa
  • Marcos Orellana, Director Human Rights and Environment Division, HRW
  • David Boyd, UN Special Rapporteur on Human Rights and the Environment
  • Moderator: Natalia Gomez, Advocacy & Network Engagement Officer, CIVICUS

Other events that CIVICUS is co-sponsoring at the 40th Session of the Human Rights Council, include:

  • 5 March (10:00-11:00) | The case for international action on Bahrain | Room XV
  • 6 March (11:00-12:00) | Women Human Rights Defenders: Local Realities & Shared Global Challenges | Room XXI
  • 8 March (12:00-13:00) | East and Horn of Africa Human Rights Defenders Project – Human Rights in South Sudan | Room XXVII

CIVICUS will be live-streaming events through its Facebook page and posting updates on Twitter.

https://www.civicus.org/index.php/media-resources/news/united-nations/geneva/3753-civicus-at-the-40th-human-rights-council

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