A/HRC/RES/40/11
Cognizant that the Special Rapporteur on the issue of human rights obligations
relating to the enjoyment of a safe, clean, healthy and sustainable environment has called
for States to prioritize action to protect environmental human rights defenders, 2
Recognizing the need to develop protection mechanisms for environmental human
rights defenders, taking into account the intersectional dimensions of violations against
women human rights defenders, indigenous peoples, rural and marginalized communities,
and persons belonging to minorities, and to take concrete steps to prevent and stop the use
of legislation to hinder or limit unduly the ability of human rights defenders to exercise
their work, including by reviewing and, where necessary, amending relevant legislation and
its implementation in order to ensure compliance with international human rights law,
Noting with appreciation international instruments, such as the Convention on
Access to Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters and the Regional Agreement on Access to Information, Public
Participation and Justice in Environmental Matters in Latin America and the Caribbean (the
Escazú Agreement), for the protection of environmental human rights defenders,
Recognizing that the protection of environmental human rights defenders is
inherently linked to the protection of their communities and can only be fully achieved in
the context of a holistic approach that includes the strengthening of democratic institutions,
the fight against impunity, a reduction in economic inequality and equal access to justice,
Underscoring that the legal framework within which human rights defenders work
peacefully to promote and protect human rights and fundamental freedoms is that of
national legislation consistent with the Charter and international human rights law,
Gravely concerned that national security and counter-terrorism legislation and other
measures, such as laws regulating civil society organizations, are in some instances misused
to target human rights defenders or have hindered their work and endangered their safety in
contravention of international law, and mindful that domestic law and administrative
provisions and their application should not hinder but enable the work of human rights
defenders, including by avoiding any criminalization, stigmatization, impediments,
discrimination, obstructions or restrictions thereof contrary to the obligations and
commitments of States under international human rights law,
1.
Expresses grave concern at the situation of environmental human rights
defenders around the world, and strongly condemns the killing of and all other human
rights violations or abuses against environmental human rights defenders, including women
and indigenous human rights defenders, by State and non-State actors, and stresses that
such acts may violate international law and undermine sustainable development at the local,
national, regional and international levels;
2.
Stresses that human rights defenders, including environmental human rights
defenders, must be ensured a safe and enabling environment to undertake their work free
from hindrance and insecurity, in recognition of their important role in supporting States to
fulfil their obligations under the Paris Agreement and to realize the 2030 Agenda for
Sustainable Development, including the pledge that no one will be left behind and to reach
the furthest behind first;
3.
Urges all States to take all measures necessary to ensure the rights, protection
and safety of all persons, including environmental human rights defenders, who exercise,
inter alia, the rights to freedom of opinion, expression, peaceful assembly and association,
online and offline, which are essential for the promotion and protection of human rights and
the protection and conservation of the environment;
4.
Welcomes the work of the Special Rapporteur on the situation of human
rights defenders, including his reports presented to the Human Rights Council and the
General Assembly, and strongly encourages all States to cooperate with and to assist the
Special Rapporteur;
2
See A/HRC/40/55, para. 82.
3