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Use of legislation to regulate activities of human rights defenders 2012, para. 72
- Paragraph text
- A system of derogations is enshrined in various human rights treaties, including the International Covenant on Civil and Political Rights. This permits States to temporarily modify their obligations in exceptional circumstances, such as in times of emergency, including armed conflicts, civil and violent unrest, environmental and natural disasters.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Year
- 2012
- Date modified
- Sep 21, 2020
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Environmental human rights defenders 2016, para. 73
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- The Special Rapporteur welcomes commitments by business enterprises to respect human rights and protect the environment, often expressed in public statements and policies, as well as through the adoption of voluntary guidelines and codes of conduct. The Equator Principles, for example, set out a framework which financial institutions can use to assess and manage the social and environmental risks and impacts of projects, as well as to meet minimum standards for due diligence.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
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Large-scale development project and human rights defenders 2013, para. 14
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- For the purposes of the present report, the term "large-scale development projects" refers to the acquisition, lease or transfer of land or natural resources for commercial investment purposes. The Special Rapporteur does not identify a specific threshold for what should constitute "large-scale" but considers the impact of a project on its surroundings, specifically with regard to the human rights of affected communities and those defending the rights of those communities, to be a key factor.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Environmental human rights defenders 2016, para. 50
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- Corruption is often a consequence of the lack of transparency in such projects. This is exemplified by environmental impact assessments that were not performed with the participation of the affected communities, were unavailable to them or were inaccessible owing to the complexity of the documentation or its language. Yet, Governments use transparency as a pretext to harass organizations opposing large-scale projects. Moreover, the complexity of the structures and processes of many large-scale development projects also makes it difficult to clearly identify the multiplicity of stakeholders (banks, anonymous companies, international investors, local suppliers, funding institutions, etc.) and the chain of responsibility for ensuring accountability for certain violations.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Environmental human rights defenders 2016, para. 48
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- Recent reports have pointed to a growing opposition between what could be considered a commodity-based approach, prioritizing economic growth and midterm profits, and rights-based approaches, favouring populations' interests and sustainability. Communities protesting against projects that threaten their very livelihood and existence have often faced stigmatization and attacks from States and corporations, which label them "anti-development". Yet, these defenders often seek to preserve natural resources and to ensure a holistic and long-term approach to development where land, water, air and forests are not reduced to mere marketable goods. The commodification and financialization of nature often lead to simplifying the real "value" of the environment, ignoring the social or cultural dimensions and the complex interactions of elements within and between ecosystems.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Year
- 2016
- Date modified
- Sep 21, 2020
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Environmental human rights defenders 2016, para. 22
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- The Special Rapporteur notes with satisfaction the ongoing negotiations in Latin America and the Caribbean on the application of principle 10 of the Rio Declaration on Environment and Development, and urges the parties to expedite the conclusion of the agreement in the light of the urgency of the situation, described in the following section. He urges the Economic Commission for Africa (ECA) and the Economic and Social Commission for Asia and the Pacific (ESCAP) to develop similar legally binding instruments on access to information, public participation and justice in environmental matters, including measures to protect environmental human rights defenders. Such multilateral instruments would be an effective tool to achieve sustainable development goals and respond to many challenges facing our planet, from climate change, biodiversity loss and environmental pollution to poverty eradication. They would also ensure that both States and corporations are held accountable for any violations against environmental human rights defenders and establish effective safeguards to ensure that community interests are fully considered in environmental decisions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Large-scale development project and human rights defenders 2013, para. 65
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- In the context of large-scale development projects, timely disclosure of information about project conceptualization and preparation, including contracts and subcontracts, documents with information about parties involved, financing frameworks, terms and conditions, impact assessments and mitigation strategies should be made available to the extent possible. The Extractive Industries Transparency Initiative, a multi-stakeholder voluntary mechanism that aims to increase the transparency of natural resource revenues by developing standardized reporting requirements for companies and Governments, has made a significant, positive contribution to increasing transparency in this sector. The initiative also offers relevant lessons learned regarding the difficulties and, at times, the unwillingness of Governments and private companies to disclose such information.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
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