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Environmental human rights defenders 2016, para. 8
- Paragraph text
- Environmental human rights defenders are identified above all by what they do. They are characterized as such through their actions to protect environmental and land rights. Although they may work as journalists, activists or lawyers who expose and oppose environmental destruction or land grabbing, they are often ordinary people living in remote villages, forests or mountains, who may not even be aware that they are acting as environmental human rights defenders. In many other cases, they are indigenous leaders or community members who defend their traditional lands against the harms of large-scale projects such as mining and dams.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 14
- Paragraph text
- International instruments protecting the rights of specific populations also guarantee their right to participation. The obligation to consult, with the objective of obtaining the free, prior and informed consent of indigenous peoples concerning legislative or administrative measures that may affect them directly, is established in the United Nations Declaration on the Rights of Indigenous Peoples (arts. 18 and 27) and in the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO). Furthermore, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provides for the right of minorities to participation (arts. 2 and 4).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 17
- Paragraph text
- In his 2013 report, the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (A/25/53) outlined human rights obligations relating to the environment drawn from international agreements and the bodies charged with interpreting them. The threefold duties include: (a) procedural obligations of States to assess environmental impacts on human rights and to make environmental information public; to facilitate participation in environmental decision-making; and to provide access to remedies for environmental harm; (b) substantive obligations of States to adopt legal and institutional frameworks that protect against environmental harm, including harm caused by private actors; and (c) non-discrimination and other obligations of States relating to the protection of groups in vulnerable situations, including women, children and indigenous peoples.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 27
- Paragraph text
- Despite the complexity of quantifying the whole situation, there have been rapid strides in exposing the true picture of attacks against environmental human rights defenders. One revealing report documented the unprecedented 185 killings of environmental human rights defenders across 16 countries in 2015. The 59 per cent increase from 2014 meant that more than three defenders were murdered, on average, every week in the course of 2015. The sectors of mining and extractive industries (42 killings), agribusiness (20), hydroelectric dams and water rights (15) and logging (15) were major drivers of the murders. According to another report, the largest single group, constituting 45 per cent of the documented 156 defenders killed in 25 countries in 2015, were related to the defence of environmental, land and indigenous peoples' rights.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 28
- Paragraph text
- Both reports, collaborated by numerous others, indicate that the large majority of assassinations occurred in the countries of the global South, especially in Latin America and Asia. This is not to deny serious allegations of abuses of environmental human rights defenders in the global North countries, including harassment and strategic lawsuits against public participation that occur with State complicity, or at least disregard. Killings of environmental human rights defenders amounted to 67 per cent of all reported murders of defenders in Asia and 41 per cent of those reported in Central and South America. In 2014, three quarters of the 116 cases of killings of environmental human rights defenders in 17 countries - on average more than two victims per week - took place in Central and South America, with South-East Asia the second most-affected region. The spike in killings was related to large-scale hydropower projects, where dams were built in countries with weak legal regimes, repressive Governments and rampant corruption, and on lands belonging to indigenous and ethnic minority peoples.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 31
- Paragraph text
- Reports also indicate that most individuals and groups facing threats are those who oppose land grabbing, extractive industries, the industrial timber trade and large-scale development projects. Indigenous communities and ethnic and racial minorities are particularly vulnerable (see A/HRC/24/41 and A/71/291). They are the most affected because the resources exploited are usually located in their lands; they lack legal protection while exerting strong and vocal opposition; many indigenous communities do not hold formal title over the land they inhabit; and their access to justice is limited.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 42
- Paragraph text
- Many of these communities, particularly indigenous ones, hold the right to free, prior and informed consent, and all of them have the right to participate fully in consultations around proposed projects that may affect their lands and livelihoods. Despite their recognition in various international, regional and domestic laws, those rights are often not meaningfully implemented, or are simply ignored by companies, with the complicity of Governments. Some Governments strategically choose to deny the rights to peoples that have not been "officially" identified as indigenous. The consultation processes also regularly fail to address power inequalities within communities, leaving isolated such groups as women or ethnic groups owing to one-size-fits-all approaches.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 52
- Paragraph text
- As a result, these root causes have long-term effects, contributing to the establishment of a two-tier system in which the law is more assiduously applied to small-scale farmers, ethnic minorities or indigenous peoples who are not able to provide property deeds while human rights violations committed by business interests and their allies continue with impunity.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 53
- Paragraph text
- Environmental human rights defenders are one of the most heterogeneous groups of defenders. The category includes a diverse range of people, profiles and trajectories, from small-scale farmers with no land deeds to environmental lawyers and journalists, from well-organized non-governmental organizations to isolated indigenous communities. In many cases, some of these groups already experience marginalization. In many situations, they do not always have the capacity to challenge decisions in courts or they do not have access to mass media. Their marginalization is also due to the nature of their struggles as human rights defenders. Many become environmental human rights defenders by "accident" or "necessity", taking a stand against injustice or harm to their environment. This may amplify their vulnerabilities, as they may not self-identify as environmental human rights defenders and therefore they may be unaware of their rights or existing protection measures, mechanisms or organizations that could support them. The very specific nature of rural communities can also aggravate their vulnerability, as these communities can be located in isolated areas without access to communication and support networks.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 55
- Paragraph text
- Furthermore, women environmental human rights defenders face a number of challenges, including those related to exclusion from participation in the negotiation and decision-making processes; criminalization used as a political strategy to deter resistance and delegitimize their work; smear campaigns against them in the media; and discrimination and violence against them in their families, communities and human rights movements. Women rights defenders from indigenous communities, with ethnic or racial minority origins or with disabilities can also suffer multiple discrimination. Gender, indigenous status, rural location and other factors can intersect to isolate individuals, groups and communities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 56
- Paragraph text
- Indigenous communities also face multiple forms of aggression and violence. In specific situations, oppression against them is encouraged by institutionalized racism and stigmatization that deny the rights of these communities. Private actors such as agribusinesses and extractive industries as well as law enforcement agencies have been regularly observed to commit violations against environmental human rights defenders from indigenous communities. National development strategies often fail to include specific approaches and processes for indigenous communities that would ensure the conservation of their ancestral lands and recognize their rights to their livelihoods and environment. Linguistic barriers, countless obstacles to accessing basic social services and the imposition of unfavourable models of consultation aggravate the vulnerability of indigenous environmental human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 63
- Paragraph text
- Networks - local, regional and international - can effectively support individual environmental human rights defenders and communities at risk. They allow good practices to be shared, demonstrate solidarity and muster resources, and facilitate access to safe havens for defenders under threat. Networks can take a variety of forms, ranging from informal ad hoc associations to international confederations of organizations, to global networks of defenders working on similar issues. Given the nature of the work of environmental human rights defenders, there is a pressing need to develop networks that bring together the overlapping constituencies involved in environmental justice, including environmentalists, conservationists, indigenous communities and the human rights movement.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 68
- Paragraph text
- State and non-State actors should obtain the free, prior and informed consent of indigenous communities affected by activities on lands that they own, occupy or use (ibid.). The Special Rapporteur recognizes that there is an ongoing debate about what constitutes such consent and whether it has been fulfilled in particular cases. The United Nations Declaration on the Rights of Indigenous Peoples provides guidance on the application of this principle to indigenous peoples. However, further discussion and the setting of international standards on the nature and application of this principle to indigenous peoples and other communities is necessary, coupled with a renewed emphasis on its implementation through monitoring and support to environmental human rights defenders.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 72
- Paragraph text
- As mentioned above, one of the root causes of abuses suffered by environmental human rights defenders is the lack of legal recognition of land rights, in particular for indigenous communities and those affected by post-colonialism, conflict and other causes of forced displacement. States should enact laws that recognize the rights of such individuals and communities. Conversely, States need to review and repeal laws that facilitate the exploitation of natural resources, thereby threatening the rights of those affected.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 79
- Paragraph text
- Similarly, it is important for different branches of Government beyond traditional units responsible for law enforcement to recognize the role of environmental human rights defenders in environmental protection. State entities responsible for other activities, including for the environment, resource development and indigenous peoples, must also be involved in the protection of the environment and environmental human rights defenders. States are encouraged to integrate a human rights-based approach into the work of environmental protection agencies and other relevant institutions. It is important that such institutions be given the resources and support required for effective environmental governance.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 90
- Paragraph text
- International financial institutions such as the World Bank Group can play an active role in influencing actors in the public and private sectors to respect the rights of environmental human rights defenders, to act with transparency and accountability for their actions and to seek the meaningful participation and consultation of affected communities in their activities. The Special Rapporteur welcomes the reflection on the practice of the World Bank by its Inspection Panel and looks forward to upcoming publications on the lessons emerging in a number of domains of the Bank's activities, including environmental assessment and indigenous peoples and the requirements for consultation, participation and disclosure of information. He advocates the adoption of concrete policies and measures to prevent and address acts of reprisals against environmental human rights defenders for their cooperation with international financial institutions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 102b
- Paragraph text
- [States should:] Ratify ILO Convention No. 169 and guarantee the right to consultation and participation of indigenous communities in decisions at every stage of a project's life cycle;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 102g
- Paragraph text
- [States should:] Develop protection mechanisms for environmental human rights defenders, taking into account the intersectional dimensions of violations against women defenders, indigenous peoples and rural and marginalized communities;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Environmental human rights defenders 2016, para. 103a
- Paragraph text
- [United Nations organizations and agencies should:] Address the legal gaps that heighten risks for environmental human rights defenders, including weak environmental standards and laws protecting the rights of indigenous peoples, their land rights and customary title to territories and resources;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 38
- Paragraph text
- Finally, exacerbating these difficulties is the fact that the attacks and threats against defenders are perpetrated not just by States, but by non-State actors as well. This applies particularly to countries in which one notes a surge in religious fundamentalism (especially in North America, Latin America, Africa and the Middle East) or the presence of armed or low intensity conflicts (in the Middle East, Africa and certain countries in Asia); or even to development projects in which certain economic actors attempt to impose their interests - sometimes with explicit support from governments - to the detriment of observance of human rights. The defenders point to numerous pressures from these different actors in respect of actions to promote economic, social and cultural rights (sexual and reproductive rights, labour rights, the rights of indigenous peoples, and the right to natural resources and the environment).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 56
- Paragraph text
- During each regional consultation, discussions were held about the threats and challenges faced by certain specific groups of defenders. As requested on several occasions by the Human Rights Council (in its resolutions 13/3, 22/6 and 24/24), strategies and actions for providing them with better protection were also examined. Some defenders face threats purely because of their identity (for example, women, lesbian, gay, bisexual, transgender or intersex persons, members of indigenous peoples, or defenders of persons suffering from albinism), others because of the issues they address (combating corruption, protecting the environment), or due to a particularly sensitive context (defenders working in conflict or post-conflict areas).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Person(s) affected
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 71
- Paragraph text
- Throughout the world, these defenders endure a series of threats and violations of their rights, sometimes relayed by the media in a context marked by an abundance of ultranationalist rhetoric stigmatizing certain communities or minority groups. These defenders are also labelled as traitors when they support certain groups or communities, such as the Roma people or indigenous peoples.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 72
- Paragraph text
- The defenders also complain that minorities are not consulted or else pseudo-consultations are held with people chosen by the State, not by the communities themselves.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 73
- Paragraph text
- Finally, as regards indigenous peoples, numerous defenders in Latin America underscored the lack of a legal and institutional framework recognizing the rights of these communities or, when they are recognized, the failure to implement them. The fact that they live in isolated rural areas combined with the existence of certain kinds of claims, such as the defence of lands or attempts to achieve autonomy, expose them to numerous threats and physical assault. This is one of the areas in which the Special Rapporteur intends to conduct a specific study together with the Special Rapporteur for the Rights of Indigenous Peoples.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2015
Paragraph
Global trends in risks and threats facing human rights defenders 2015, para. 93a
- Paragraph text
- [The Special Rapporteur recommends that States adopt the following measures:] Do more to disseminate the work of defenders and to support their work through campaigns and specific communication and information activities that pay tribute, in particular, to the contributions made by certain categories of defender, such as women; defenders of the rights of lesbian, homosexual, bisexual, transgender and intersex persons; defenders working in the area of corporate social responsibility and land-related rights; defenders of the rights of minorities and indigenous peoples; and defenders who combat impunity and corruption;
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Activists
- Ethnic minorities
- LGBTQI+
- Women
- Year
- 2015
Paragraph
Good practices in the protection of human rights defenders 2016, para. 27
- Paragraph text
- Some activists face greater and more specific risks than others (see A/HRC/16/44, A/HRC/19/55 and A/70/217, paras. 61-77). Defenders who challenge social and cultural norms, do not fit stereotypes and prescribed roles, or who challenge power structures in society - such as defenders of sexual orientation and gender identity rights, women defenders, and defenders working on the rights of minorities and indigenous people - are often stigmatized and subjected to threats and attacks from members of society because of who they are or what they do. Defenders in conflict zones and in occupied territories are also more vulnerable to continuous insecurity and threats. Protection practices must therefore be gender-sensitive and suited to the specific needs and situations of such defenders at risk.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Women
- Year
- 2016
Paragraph
Good practices in the protection of human rights defenders 2016, para. 85
- Paragraph text
- One approach taken in building local support for defenders is to expand membership of the support community, beyond defenders and other "usual" allies. The leadership of local communities constitutes not only government officials but also informal community leaders, indigenous chiefs, religious figures, businesspersons and other figures of local authority. Working in partnership with local leaders can insulate defenders from threats and attacks and assist in holding the State to account for failures in protection.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Large-scale development project and human rights defenders 2013, para. 15
- Paragraph text
- Both the Special Rapporteur and the Special Representative of the Secretary-General on Human Rights Defenders have repeatedly reported on the extraordinary risks faced by those defending the rights of local communities, including indigenous peoples, minorities and people living in poverty. These human rights defenders commonly face threats, harassment, intimidation, criminalization and physical attacks. The Special Rapporteur and the Special Representative have observed that human rights defenders are commonly branded as being against development if their actions oppose the implementation of development projects that have a direct impact on natural resources, the land and the environment. Examples of such projects include the construction of hydroelectric power stations, electric pylons, dams, highways and cement factories, and the operations of various extractive industries. Human rights defenders also speak out against forced evictions that occur in connection to development programmes and projects.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 28
- Paragraph text
- Instruments protecting the rights of specific populations also guarantee to those concerned the right to participation. The obligation of consulting with the objective of obtaining the free, prior and informed consent of indigenous peoples through their own representative institutions whenever consideration is being given to legislative or administrative measures that may affect them directly is established in the United Nations Declaration on the Rights of Indigenous Peoples (General Assembly resolution 61/295, annex, articles 18 and 27) and in the Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) of the International Labour Organization. Furthermore, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities provides for the right of minorities to participate in decision-making and the obligation of States to ensure such participation, including in economic progress and development (Assembly resolution 47/135, annex, articles 2 and 4).
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Large-scale development project and human rights defenders 2013, para. 51
- Paragraph text
- In addition, the free, prior and informed consent of indigenous peoples must be obtained for any negotiation or consultation process on large-scale development projects to take place. The concept of free, prior and informed consent has come about as a result of the recognition that indigenous peoples have strong cultural attachments to the territories they inhabit. The Special Rapporteur on the rights of indigenous peoples has emphasized the need for Governments to engage in consultations with indigenous peoples in good faith, with the objective of achieving consent (A/HRC/12/34, paras. 46-49). The Special Rapporteur on the situation of human rights defenders is concerned about cases reported to her in which free, prior and informed consent has not been sought, has been sought only to a limited extent or has been sought at the same time as coercion has been exerted on communities.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph