Community-led environmental monitors actively protecting the Amazon Rainforest’s biodiversity as well as their livelihoods in Ushpayacu, Pastaza River basin, Peru. Credit: UNDP Peru/Susan Bernuy

By Claudia Ituarte-Lima
VANCOUVER, British Columbia, Sep 8 2021 (IPS)

In August 31st 2021, five Nations including Costa Rica – the country where the Escazú Agreement was adopted – announced publicly working towards a proposal for UN Human Rights Council to recognize globally the right to a clean, safe, healthy and sustainable environment at its 48th session in September.

In a world where social-ecological crises are all too prevalent, do we need a broader human rights frame where also empathy and hope through legal innovation have a prevalent place? Can we imagine a world in which everyone can effectively engage in public participation and have access information and justice?

Latin America and Caribbean (LAC), like other parts of the world, face significant social-ecological challenges. In 2018, the UN Economic Commission of LAC estimated that around 185 million people lived in situation of poverty.

As a result of the COVID-19 pandemic, these already high numbers are rising with more than one third of its 650 million population now living in poverty.

The pressures for healthy ecosystems in LAC range from climate change to pollution in land and water, and conversion of tropical forests to monoculture plantations. The LAC region presents a rising trend in major pressures on biodiversity with the highest proportion of threatened species on Earth.

Latin America – my home for many years – consistently tops the dire statistics of dangerous places to be an environmental human rights defender since Global Witness began to publish data in 2012.

Yet, there is also another story. A story of ordinary and courageous women and men, girls and boys. A story of empowered right-holders and responsible duty-bearers that day-to-day contribute to legal advances with a regional scope.

Vibrant grass-roots and civil society pushed and pulled in the negotiations of the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement).

Their continued energy and collective action together with the legislative, executive and judiciary in their respective countries, will be vital for the Agreement’s implementation.

The Escazú Agreement – that weaves together human rights law and environment law – entered into force on Earth Day in 2021, and has a been ratified by half of its 24 signatory countries.

In the words of the Secretary-General of the United Nations “…this landmark agreement has the potential to unlock structural change and address key challenges of our times.”

Human rights are legally binding obligations that have contributed to precipitate societal transformations such as the recognition of indigenous peoples, peasants and local communities individual and rights across many Latin America and Caribbean countries.

In my work – which for the past twenty years has focused on human rights and environment – I have seen how degradation of healthy ecosystems afflicts specially the rights of people in vulnerable situations.

However, I have also witnessed first-hand how people in vulnerable situations including women environmental rights defenders are often those triggering change to safeguard the rich biological and cultural diversity in the region. This biocultural diversity provides essential contributions to the economy and livelihoods.

I believe that is just as important to place a spotlight in innovations and people’s agency in LAC countries as it is to report on catastrophic environmental and social events affecting the region.

While reading international media, I often find a single narrative of catastrophe associated with the LAC region or certain countries. In my view, this narrative risks creating distance rather than bringing people together, emphasising differences rather than our equal human dignity that is at the core of human rights.

Leaving no-one behind involves recognizing the agency of all and supporting everyone’s participation in caring for our planet.

Rather than a narrative of fear and despair of the global scale of environmental challenges, action implementing the Escazú Agreement connecting local and global instruments can generate positive change.

The Escazú Agreement can build on innovative governance instruments such as participatory environmental monitoring schemes – in which people not only access but also generate environmental information.

Transnational collaboration can also help, for example the 2021 EU Parliament Resolution which calls the EU Commission and EU member states to support countries to implement the Escazú Agreement.

The Escazú Agreement can also synergize with the post-2020 global biodiversity framework and National Biodiversity Strategies and Action Plans required by the Convention on Biological Diversity. Other instruments include National Action Plans aiming to implement the UN Guiding Principles on Business and Human Rights (UNGPs).

Having already recognised the right to a healthy environment, the signatory Escazú Agreement countries have a historic opportunity to champion the global recognition of this right.

Already sixty nine States have endorsed a statement in favour of its by the Human Rights Council. Fifteen UN Agencies declared that “the time for global recognition, implementation, and protection of the human right to a safe, clean, healthy and sustainable environment is now”.

Complementary to the legal obligations that the Escazú Agreement generates, I consider that this agreement also provides an opportunity for right-holders and duty-bearers to place human rights narratives within a broader frame encompassing empathy and hope for present and future generations.

Strategically using legal innovations from the local to the global level can contribute to planetary stewardship and good quality of life in harmony with nature, leaving no-one behind.

Claudia Ituarte-Lima is a public international lawyer and scholar. She is researcher on international environmental law at Stockholm University, senior researcher at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law and visiting scholar at School of Public Policy and Global Affairs at the University of British Columbia. Ituarte-Lima holds a PhD from the University College London and a MPhil from the University of Cambridge. Twitter: CItuarteLima

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On March 2020, over 330 students, women champions, government officials, NGO members and community members from around Kampot and Kep gathered in an effort to plant 3,000 mangroves and conserve Cambodia’s coastline. The local activity took place as part of a larger mangrove planting and marine exhibition under Action Aid’s 100,000 Mangroves campaign, supported by the United Nations Development Programme (UNDP) under the project ‘Strengthening Climate Information and Early Warning Systems in Cambodia’. The campaign aims to plan 100,000 mangroves in eight community fisheries by May 2020, and raise awareness of the importance of marine ecosystems. Credit: ManuthButh/UNDP Cambodia

By Claudia Ituarte-Lima
VANCOUVER, British Columbia, Canada, Mar 24 2020 (IPS)

We are living in a critical time. As we face existential environmental challenges from climate crises to the mass extinction of species, it is difficult sometimes to see solutions and new ideas. This is why we all need to celebrate and give visibility to creative and courageous efforts of people and organizations striving towards a healthy planet for all.

I write today about the key role played by National Human Rights Institutions (NHRIs) in the Global South in our collective fight against climate change. The time has come to empower NHRIs.

Their unique position mandated by law yet independent from the government can make an urgent needed bridge between legal and policy advances, and ground-up efforts such as youth and women movements, thereby contributing to the enjoyment of the right to a healthy environment.

I have recently had the chance of learning real-world success stories by brave NHRIs working in some of the most challenging contexts. While being a member of the facilitators’ team of a series of webinars* for technical staff and decision-makers working in NHRIs and prior face-to-face interaction with them, it became crystal clear that strengthening the skills and capacities of NHRIs can contribute positive outcomes for both human rights and the environment.

In Mongolia, for instance, the NHRI with the support of civil society organizations and environmental researchers has recently developed a draft law for safeguarding the rights of environmental defenders.

The NHRIs have also intervened in a variety of sectoral issues from pesticides and agriculture in Costa Rica, to mining in South Africa and the connections between coal mining and transportation in Mongolia. The Morocco NHRI has prompted other African NHRIs and civil society organizations to actively participate in international climate negotiations.

Business and human rights was a key issue raised by our NHRIs colleagues.

Nazia, 38, proudly shows off her home-grown tomatoes in Nadirabad village, Pakistan. She participated in kitchen gardening training offered under the joint UNDP-EU Refugee Affected and Host Areas (RAHA) Programme in Pakistan. Credit: UNDP Pakistan

The significant legal, institutional and financial obstacles that national duty bearers face to investigate transnational corporations and their responsibilities concerning their impacts to a safe climate has not proved insurmountable for NHRIs.

The Philippine’s NHRI has a mandate to promote human rights which, creatively interpreted, allowed it to investigate the climate change and human rights nexus beyond its national borders.

The systemic nature of climate change justified a national inquiry rather than a field visit. Because climate change is an existential issue not only to Filipino people but globally, the Philippines national inquiry on climate change turned into an inquiry with strong global dimensions.

It included public hearings in the Philippines, New York and London, virtual hearings and expert advice from the former UN Special Rapporteur on human rights and environment, academics from different parts of the world and the Asia-Pacific regional network of NHRIs.

A major comparative advantage presented by the NHRIs is their unique position in working hand in hand with right holders in addressing environmental – human rights gaps facing the most vulnerable populations.

Costa Rica NHRI has found, for instance, that women, girls, men and boys and elder living in coastal areas become especially vulnerable to climate change because their access to clean drinking water and fish become scarce.

The South African NHRI together with food sovereignty civil society organizations has developed a draft climate charter, to be presented to the parliament, with a more holistic approach to the current climate policy.

In recent years, the awareness of the linkages between human rights and climate change has greatly increased. The legal recognition of the right to a healthy environment in more than 150 countries, together with judicial decisions, and academic studies on the safe climate dimension of this right has grown rapidly. NHRIs can be instrumental in translating them into results and action, including under difficult circumstances.

Their role in advising duty bearers, working together with right-holders helps to understand and act upon systemic environmental challenges. Their synergies with environmental human rights defenders can also contribute to more effective investigation and advocacy, not least in the context of informal and unregulated business activities where it is especially difficult to collect data and hold businesses accountable.

Time has come for the international community to do more to support NHRIs in the Global South, a key player often overlooked in climate and biodiversity talks, debates and funding. Due to the intrinsic connections between human rights and environment, the NHRIs need to be further supported to perform their innovative roles in safeguarding life-support systems at various jurisdictional scales, including advocating for the global recognition of the right to a healthy environment by the United Nations.

* The series was organized by the Global Alliance for National Human Rights Institutions (GANHRI), UNDP, the UN Special Rapporteur on Human Rights and the Environment, the Swedish Environmental Protection Agency and UN Environment. A final report with key messages from the webinar series is available on the UNDP website.

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