COUNCIL HOLDS INTERACTIVE DIALOGUE WITH INDEPENDENT EXPERTS ON HUMAN RIGHTS AND THE ENVIRONMENT AND ON FOREIGN DEBT
The Human Rights Council this morning held a clustered interactive dialogue with the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, John Knox, and with the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Juan Bohoslavsky. The Council also observed International Women’s Day, hearing an address by Flavia Pansieri, Deputy High Commissioner for Human Rights.
Ms. Pansieri said that human rights defenders working for gender equality and women human rights defenders had played a crucial role during the agreeing of the landmark Beijing Platform of Action, by insisting that women’s rights were human rights and that violations experienced by women should no longer be dismissed as private matters or justified on the basis of misinterpretation of culture, religion or tradition. The world had made some progress in addressing some aspects of discrimination against women, she said, but today was an opportunity to strengthen the resolve to fully eliminate all forms of discrimination against women.
Republic of Korea, in a joint statement on behalf of Mexico, Indonesia, Republic of Korea, Turkey and Australia said that women and girls were disproportionately affected by human rights violations and called upon all Members of the Council to work towards strengthening the role of women and addressing stereotypes against women.
John Knox, Independent Expert on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, presented his reports, focusing on identifying and promoting best practices on the use of human rights obligations to inform and strengthen environmental policymaking. More than 100 good practices had been identified and a standalone website had been developed to facilitate online search. Between 2002 and 2013, a total of 908 people in 35 countries had been killed because of their work defending environmental and land rights. Mr. Knox urged States to recognize that the risks environmental defenders faced were a global problem, and to do more to address climate change, including taking into account human rights in order to make better climate policy.
Juan Bohoslavsky, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, said that his report focused on financial complicity and lending to States involved in gross violations of human rights and expressed regret that the Human Rights Council had not paid much attention to the links between financial support and systematic violations of human rights. Foreign financial assistance might prolong the life of regimes engaged in severe, large-scale violations of human rights. The interim study on illicit financial flows, human rights and the post-2015 development agenda emphasized the need for due diligence and due process in the fight against illicit financial flows, for better protection of witnesses and whistle-blowers and for incorporating human rights considerations in the management of returned stolen assets.
France and Iceland spoke as concerned countries. The National Consultative Commission of Human Rights, the national human rights institution of France, also spoke.
During the interactive dialogue on human rights and the environment, speakers said that environmental degradation translated into threats to food security, created tensions between populations, and resulted in the flow of migrants. States had the obligation to improve their capacity to address the environment; for this access to technology and innovation was indispensable and adequate transfer mechanisms needed to be developed. Speakers underlined the importance of differentiated responsibilities between developed and developing countries on environmental issues, and several expressed concern that threats to human rights defenders working on environmental and land rights were increasing.
In the interactive dialogue on the effect of foreign debt, it was noted that currently, international financial institutions and creditor countries did not take into account the development needs and human rights of peoples. The negative impact of foreign debt on the enjoyment of human rights and the harmful activities of vulture funds and illicit financial flows had been long discussed in international fora; the efforts now must be focused on just and reasonable initiatives, in particular in the framework for debt restructuring. A study on the role of transnational corporations in the harming of the environment would be extremely important, and delegations asked how a legally binding instrument on transnational corporations and other business enterprises would serve victims of human rights violations in relation to environmental harm caused by transnational corporations.
States participating in the dialogue were Ecuador on behalf of the Community of Latin American and Caribbean States, Algeria on behalf of the African Group, Bahrain on behalf of the Arab Group, Pakistan on behalf of the Organization of Islamic Cooperation, the European Union, Ireland, Sudan, El Salvador, Sierra Leone, Venezuela, Indonesia, South Africa, Tunisia, Costa Rica, Slovenia, Saudi Arabia, Switzerland, Iran, Holy See, Morocco, Argentina, Egypt, United Nations Environment Programme, Ghana, Philippines, Gabon, Algeria, India, China, Chile, Bolivia, Brazil, Bangladesh, Uruguay, Cuba, Paraguay and Maldives.
The following non-governmental organizations also took the floor: Centre for Legal and Social Studies, Franciscans International in a joint statement, Friends World Committee for Consultation, Verein Südwind Entwicklungspolitik, Human Rights Now, Human Rights Advocates, Earthjustice (joint statement), and International Buddhist Relief and Development Organization.
The Council is holding a full day of meetings today. At noon, it will hold a clustered interactive dialogue with the Special Rapporteur on the right to food and the Special Rapporteur on adequate housing. At 3 p.m. the Council will hold a clustered interactive dialogue with the Special Rapporteur on torture and the Special Rapporteur on human rights defenders.
Observance of International Women’s Day
FLAVIA PANSIERI, United Nations Deputy High Commissioner for Human Rights, said that today the world stood in solidarity with all human rights defenders working for gender equality and with women defenders who fought for the human rights of all. Those defenders had played a crucial role during the agreeing of the landmark Beijing Platform of Action, insisting that women’s rights were human rights and that violations experienced by women should no longer be dismissed as private matters or justified on the basis of misinterpretation of culture, religion or tradition. The result was a visionary agenda, laying out a blueprint for the achievement of equality between women and men. The Deputy High Commissioner called on all to join the Office’s campaign reflect2protect to raise the profile of women human rights defenders. The world had made some progress in addressing some aspects of discrimination against women, but today was an opportunity to strengthen the resolve to fully eliminate all forms of discrimination against women. All should ensure that the work of the Human Rights Council, through its resolutions, Universal Periodic Review recommendations, commissions of inquiry and Special Procedures, upheld the obligations articulated in the Convention on the Elimination of Discrimination against Women and in the Beijing Platform for Action. Recognizing the work of all defenders fighting for gender equality and all women defending human rights could bring them additional credibility and operational space in their countries. Achieving gender equality was not only a “women’s concern” but the collective responsibility: all owed it to their daughters and to their sons, to build societies that respected and protected the rights of all people regardless of their sex.
Republic of Korea, in a joint statement on behalf of Mexico, Indonesia, Republic of Korea, Turkey and Australia on the occasion of International Women’s Day, reiterated their strong commitment to gender equality and to eliminating discrimination and violence against women and girls. Women and girls were disproportionately affected by human rights violations. The countries underlined that economic empowerment of women was crucial, and regretted that women continued to be under-represented in peacekeeping efforts. They called upon all Members of the Council to work towards strengthening the role of women and addressing stereotypes against women. Support for gender equality and economic empowerment of women had to become a reality. The human rights of women and girls were an essential part of the work of the Human Rights Council.
Documents
The Council has before it the report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, Juan Bohoslavsky - Report on financial complicity: lending to States engaged in gross human rights violations (A/HRC/28/59)
The Council has before it an addendum to the report of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, Juan Bohoslavsky on his Mission to Iceland (A/HRC/28/59/Add.1)
The Council has before it an interim study by the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Juan Pablo Bohoslavsky - Illicit financial flows, human rights and the post-2015 development agenda (A/HRC/28/60)
The Council has before it a corrigendum to the interim study by the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Juan Pablo Bohoslavsky - Illicit financial flows, human rights and the post-2015 development agenda (A/HRC/28/60/Corr.1)
The Council has before it the report of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, John H. Knox (A/HRC/28/61)
The Council has before it an addendum to the report of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, John H. Knox - Mission to France (A/HRC/28/61/Add.1)
Presentation of Reports by the Independent Experts on Human Rights and the Environment, and on Human Rights and Foreign Debt
JOHN KNOX, Independent Expert on human rights and the environment, said that the report focused on identifying and promoting best practices on the use of human rights obligations to inform and strengthen environmental policymaking, and had identified more than 100 good practices; a standalone website had been developed, to facilitate online search. The good practices were organized in accordance with main categories of human rights obligations: to make environmental information public, to facilitate public participation in environmental decision-making, and to provide access to effective remedies for environmental harm. Some good practices promoted all three of these obligations: for example, in 2010, the United Nations Environment Programme Governing Council adopted the Bali Guidelines for the Development of National Legislation on Access to Information, Public Participation and Access to Justice in Environmental Matters. Civil society organizations had also engaged in exemplary practices: the Access Initiative, a global network of more than 150 organizations, was working with the World Resources Institute to develop an Environmental Democracy Index, which measured country-specific realization of the three procedural rights according to indicators based on the Bali Guidelines. Many States had adopted statutes providing for public participation in environmental decision-making, while some had even included them at the constitutional level; a notable example in this sense was France, which adopted an Environmental Charter in 2004.
In 2014, Global Witness reported that 908 people in 35 countries had been killed between 2002 and 2013 because of their work defending environmental and land rights, and the Independent Expert urged all States to recognize that the risks environmental defenders faced were a global problem, and to show the same kind of innovative thinking to this challenge that they brought to other areas of environmental and human rights policy. A wide range of good practices had been adopted in the provision of access to effective remedies for environmental harm, including by establishing dedicated environmental tribunals, facilitating access of environmental plaintiffs to courts of general jurisdiction, building judicial expertise and contacts, and giving public prosecutors and ombudspersons jurisdiction to investigate environmental abuses. More than 90 countries had adopted explicit rights to a healthy environment, and some States, such as India and Pakistan, had interpreted other constitutional rights to incorporate environmental protections. A number of countries provided examples of good practices in the use of human rights obligations relating to climate change, such as climate laws that integrated human rights principles in Guatemala and Jordan, a “climate justice fund” in Scotland, or indigenous community training for participation in decision-making in Suriname. The report also described good practices in the protection of those particularly vulnerable to environmental harm, including women, children, minority groups, and indigenous peoples. In closing, Mr. Knox highlighted some issues that deserved further attention of this or other mandates including climate change: all must do more to address climate change in order to safeguard the human rights of those who were most vulnerable to it, and must also take into account human rights in order to make better climate policy.
PABLO BOHOSLAVSKY, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, said debt vulnerabilities around the world were high and growing. Heavily indebted poor countries were likely to miss achieving the Millennium Development Goals this year. The difficult negotiations between the Greek Government and the Euro Group had reminded the international community that highly developed countries were also at risk. Regarding his visit to Iceland, the Independent Expert noted that Iceland had managed the economic shock of its banking crisis better than many other countries, by sheltering vulnerable groups through expanding social protection spending, active labour market policies and a temporary expansion of entitlement to unemployment benefits. One of the innovative responses to the crisis there was Welfare Watch, an independent consultative body which monitored the social impact of the crisis, provided advice to State institutions, including a report to Parliament, and helped to coordinate targeted interventions on the ground. The Independent Expert however recommended that Iceland paid particular attention to certain vulnerable groups, including young families with children, single parent families, persons with disabilities, and immigrants.
Turning to his report on financial complicity and lending to States involved in gross violations of human rights, the Independent Expert regretted that the Human Rights Council had not paid much attention to the links between financial support and systematic violations of human rights. Foreign financial assistance might prolong the life of regimes engaged in severe, large-scale violations of human rights, he said. Loans from private creditors were more likely to stabilize regimes violating human compared to lending from States and international financial institutions. More research on the matter was necessary and each country situation had to be assessed individually. Regarding his interim study on illicit financial flows, human rights and the post-2015 development agenda, Mr. Bohoslavsky emphasized the need for due diligence and due process in the fight against illicit financial flows, for better protection of witnesses and whistle-blowers and for incorporating human rights considerations in the management of returned stolen assets. One of the main challenges was to specify how progress in curbing illicit financial flows could be measured and how accountability for implementation could be ensured. Curbing illicit financial flows required concerted efforts by countries of origin and destination, business enterprises and the financial sector.
Statements by Concerned Countries
France, speaking as a concerned country, said that the adoption of the 2004 Environmental Charter had made France one of the few countries in the world which gave environmental rights a constitutional value. Despite the progress, France still faced challenges, such as to improve public participation in small-scale projects and the need to simplify processes related to the environment. France reiterated the determination not to overlook the issues raised by the Independent Expert in the preparation of the Conference of Parties 21, including the human rights of those most affected by climate change. A healthy and sustainable environment was crucial to human survival and a global challenge of interest to all.
National Consultative Commission of Human Rights of France said that the visit of the Independent Expert had been implemented in a spirit of full cooperation and stressed that the visit had made it possible to take stock of the progress and the gaps that still existed in the French system. The gaps identified in the report of the Independent Expert included the environmental assessment of development projects, late participation of the public in broad-scale environmental projects, and the lack of participation in small-scale projects. The Commission stressed the need to also ensure the participation of populations in third countries in development projects funded by France.
Iceland, speaking as a concerned country, said that in times of economic crisis, economic, social and cultural rights became even more important. Unemployment had escalated dramatically due to financial crises. Iceland was particularly hit. Its banking system had collapsed in less than two weeks, and led to a multidimensional crisis in the country, resulting in social unrest and the resignation of the Government. In the recovery process, the authorities sought to protect the most vulnerable. The Independent Expert noted Iceland’s efforts in that regard, and identified gaps. Iceland would take them seriously. Iceland continued to address the unemployment issue, and work was being done to improve access to affordable housing and access to education. Gender issues remained high on the Government’s agenda. Iceland believed that the issue of international debt was highly relevant, but said that the relevant forum to discuss this remained to be identified, and that consensus on this was needed.
Interactive Dialogue
Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, stressed the obligations of States to improve their capacity to address the environment, including through technology transfer and innovation. Access to this was indispensable for developing countries. It was essential to ensure that agreements reached between debtors and creditors were reached within the framework of sovereign debt restructuring and said that vulture funds presented a danger to all debt structuring.
Algeria, speaking on behalf of the African Group, said that Africa was particularly exposed to environmental degradation, including drought and reduction of arable land, which translated into threats to food security, created tensions between populations, and resulted in the flow of migrants. Concerning foreign debt, the African Group expressed concern related to the flow of illegal funds from developing countries which undermined the achievement of the Millennium Development Goals.
Bahrain, speaking on behalf of the Arab Group, said that countries in the region had been providing funds under favourable conditions in order to support the development of national economies and the promotion of human rights. The Arab Group took note of the report by the Independent Expert on foreign debt and asked whether the provision of new forms of credits was a threat to human rights.
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, said that the compilation of good practices on human rights and the environment merited further consideration, and underlined the importance of differentiated responsibilities between developed and developing countries on environmental issues. Regarding foreign debt, the Organization required further information regarding the term “authoritarian” used by the Independent Expert, and said that responsibilities to protect human rights had to lie equally between lending and borrowing countries.
European Union welcomed that the Independent Expert on human rights and the environment had conducted broad consultations with civil society organizations and other United Nations agencies and welcomed the creation of a database of good practices on human rights and the environment. The European Union was also committed to the Guiding Principles on Business and Human Rights, and had commissioned a study on human rights and environmental obligations for European Union-based companies.
Ireland welcomed that the Independent Expert on human rights and the environment had conducted broad consultations with civil society organizations. Ireland shared the Independent Expert’s views that private actors had to respect the environment, and was in the process of drafting a National Plan on Business and Human Rights. Ireland was concerned that threats to human rights defenders working on environmental and land rights were increasing.
Sudan thanked both Independent Experts, and spoke in particular about the impact of foreign debt. The debt burden was an insurmountable obstacle for developing countries in their attempts to enjoy their economic, social and cultural rights. Sudan asked the Independent Expert whether he thought loan respite criteria could open the door to the possible politicization of debt relief.
El Salvador spoke about the implicit links between foreign debt and economic, social and cultural rights. In 2015 the international economic and financial order would play a key role in sustainable development. Currently international financial institutions and creditor countries did not take into account the development needs and human rights of peoples. El Salvador called for better analysis of debt servicing and how it could lead to unsustainable situations, through improved data gathering.
Sierra Leone said Governments should be encouraged to integrate environmental participation into everyday aspects of modern living, in order to better address climate change and environmental degradation within a specific national context. In the context of authoritarian regimes, Sierra Leone said while sovereign Governments should seek to ensure accountability, the illicit flow of investment funds and financial complicity should not be used to deny financial support to countries that needed it most.
Venezuela said that the Independent Expert had hardly mentioned the role of transnational corporations in the harming of the environment, adding that a study on the issue would be extremely important. The negative impact of foreign debt on the enjoyment of human rights had been long discussed in the international fora, as were the harmful activities of vulture funds. Venezuela stressed that efforts must be focused on just and reasonable initiatives, in particular in the framework for debt restructuring.
Indonesia stressed the obligation of each State to protect and preserve a clean and healthy environment, adding that all States had the right to strike a balance between environmental protection and other legitimate societal interests; this balance could not be unreasonable or result in unjustified and foreseeable infringement of human rights. Indonesia asked the Independent Expert on foreign debt how to address the issue of private financial assistance, which as he stated, could be more damaging as it might enjoy lower public accountability.
South Africa asked how a legally binding instrument on transnational corporations and other business enterprises would serve victims of human rights violations in relation to environmental harm caused by transnational corporations. South Africa encouraged the Independent Expert on foreign debt to continue work on the important issue of illicit financial flows which had a monumental impact on the African continent and represented a significant threat to its growth and development.
Tunisia thanked to the Independent Expert for his report on foreign debt and on the complicity of the financial sector in illegal financial flows. It shared the opinion that illicit financial flows were facilitated by fiscal paradises, secret banking, fictitious firms, anonymous accounts, false charity foundations, money laundering techniques, and suspicious trade practices. It was the responsibility of States to control those flows, especially of destination States.
Slovenia noted that the report provided greater clarity regarding human rights obligations related to the environment, adding that it was a useful tool to have. Slovenia proposed to renew the mandate of the Independent Expert for a further period of three years. It expressed satisfaction that many civil society organizations in Slovenia were actively involved in environmental decision making.
Costa Rica expressed satisfaction with the work carried out by the Independent Expert, and expressed hope that further research would be carried out. Costa Rica urged all interested parties to draw a compendium of good practices, and called on States to examine the compendium in order to use them as inspiration for their own policies and measures. It asked the Independent Expert to elaborate on additional measures to be undertaken in that respect.
Saudi Arabia welcomed the reports of the two Independent Experts. Foreign debt influenced human rights adversely, and the alleviation of its effects would be welcome. The international community had been working on improving the effects of sovereign debt on the enjoyment of human rights, and Saudi Arabia was contributing to those efforts by receiving 10 million migrant workers annually from poor countries as an indirect support to them.
Switzerland said this year the world was negotiating the new post-2015 sustainable development goals and a new climate agreement. In this context it asked the Independent Expert what advice he could give negotiators; how could human rights be embedded into the negotiations, into the sustainable development goals and into the new climate change agreement?
Iran said it was deeply concerned by the negative impact of environmental changes and the resulting challenges for the human rights of its citizens, and had itself been deeply impacted by them. Regarding foreign debt, Iran asked the Independent Expert how it was possible to avoid political interpretations of the definition of an ‘authoritarian Government’ by certain countries for political purposes.
Holy See said States had to strike a reasonable balance between environmental protection and other legitimate societal interests. Preparations were being made for the Paris Climate Change Conference: if a binding universal agreement could be reached which was adopted by all nations of the world – including those responsible for the largest emissions of greenhouse gases – both the poor and the rich would be winners.
Morocco stressed the need for States and civil society to continue the development of good practices concerning the environment and human rights and said that Morocco had a constitutionally guaranteed right to a healthy environment. Morocco agreed that illegal financial flows had a direct impact on the enjoyment of civil and political rights, good governance and the rule of law and had delayed the implementation of the Millennium Development Goals.
Argentina was pleased that one of the thematic priorities of the Independent Expert on foreign debt included procedural and substantive proceedings related to vulture funds. Argentina thanked the Independent Expert for his role in the establishment of the framework for restructuring sovereign debt and his contribution to the Human Rights Council’s Advisory Committee, which was tasked with preparing a study on the harmful impact on human rights of vulture funds.
Egypt recognized the impact of climate change on the human rights of populations, particularly in low-lying coastal areas, adding that its Constitution provided for the right of all citizens to a healthy environment. The Government was promoting a responsible attitude to the environment, and guaranteed access to justice to all citizens, including for recourse for environmental damages.
United Nations Environment Programme said it provided the Independent Expert support by identifying good practices on human rights obligations of States related to the environment. More than 100 practices had been identified in areas such as the promotion of public participation, access to information and access to remedy, and the protection of environmental human rights defenders and other groups vulnerable to environmental degradation.
Ghana emphasized the need for States to offer guidelines to their private firms on environmental practices, which should take into consideration the preservation of the natural environment and the rights of communities in the developing world. Ghana’s environmental challenges included the negative impact of mining activities on peoples’ rights to clean and safe drinking water, and a healthy environment.
Philippines welcomed the focus of the report on the environment and on best practices relating to the use of human rights obligations and commitment to inform, support and strengthen environmental policy making. It also welcomed the Independent Expert’s recognition of the enactment of the Indigenous Peoples’ Rights Act as a good practice that would ensure the participation of indigenous peoples in relevant decision making.
Gabon said despite several international summit meetings and legal instruments, such as the Rio+20 Declaration, there was still no binding legal instrument on the right to sustainable development. As such, the best practices set out by the Independent Expert were welcome. New levels of solidarity and a comprehensive global strategy were needed to counter environmental degradation and climate change.
Algeria said foreign debt was a problem created by the global structure of economic relations which undermined the sustainable development of many countries. It expressed concern about the definition of an ‘authoritative regime’ with regard to fears that such regimes may be ‘propped up’ by the transfer of funds to them. Algeria shared the Independent Expert’s view that the extra-territorial nature of environmental damage needed to be made more specific.
India said the impact of sanction regimes across the globe had at best been mixed. The impact that non-concessional lending by States and private lenders had on debt obligations of future generations was an area for concern. Unsustainable foreign debt and strict loan conditionality could potentially have a deleterious impact on human rights situations, especially through delayed transition to democracy. The issue of the political accountability of financial lenders was an important one that should be further considered.
China stressed the importance of a good environment for economic development, and the importance of the promotion of green development. Environment protection was integrated into the economic development strategy of China. It was also noted that illicit financial activities had a negative impact on the enjoyment of human rights. It was necessary to heed the needs of developing countries in that respect, without political conditionality attached and without interference in their internal affairs.
Chile welcomed the compilation of good practices on human rights and the environment, noting that they constituted real guidelines for concrete measures and innovations that could improve environmental conditions, while fully respecting human rights. As for the complicity of the financial sector in supplying loans to States that violated human rights and hurt environments, it was important to formulate adequate directives and policies.
Bolivia emphasized the importance of highlighting the responsibility of companies and the effect of their activities on environmental pollution. In that respect, it was important to secure victims’ access to remedy for human rights violations in Latin America. It was stressed that in 2012 developing countries lost billions of dollars due to illicit financial flows, which had exceeded the aid and investments those countries were receiving.
Brazil underscored the importance of international cooperation in accordance with common but differentiated responsibilities in the protection of the environment. The international community had an important role in better understanding the possible links between external financing and gross human rights violations and said that future outcomes should be based on voluntary principles that enabled actors to make better informed decisions.
Bangladesh welcomed the good practices identified by Mr. Knox and said it had benefitted from other countries in making its own environmental policies. On the report on foreign debt, Bangladesh cautioned of falling into the danger of creating a space for global apartheid based on oligarchic structures, which might render the poor more vulnerable. Bangladesh disagreed with the thrust of the report on governance in debtor countries and on the concluding next steps.
Uruguay reaffirmed the principles of the Rio Declaration, particularly the principle of common but differentiated responsibility, and the initiative of Latin American countries on the application of Principle 10 on the participation of citizens in decision making. In response to years of extreme hydro meteorological events, Uruguay had changed the legislative and institutional framework in relation to the issue of risk.
Cuba said resources that went into servicing and paying the debt and interest accrued would be better served in the interests of the people of many developing countries. Cuba expressed concern about vulture funds. Today there were still States that continued to deny that a human rights-based approach to the environment and climate change was applicable, and that the very right to life depended upon policies based upon the protection of nature.
Paraguay agreed that only a safe, clean, healthy and sustainable environment could ensure the enjoyment of many human rights. Today and last Friday’s dialogues on climate change took place in a pivotal year. The decisions adopted at key summits this year would set the path for the next few decades. As the largest exporter of clean energy in the world, Paraguay said there had to be a focus on clean and renewable forms of energy, as well as new and innovative technologies.
Maldives said as the most low-lying country in the world it was at the forefront of an adverse impact of climate change, with sea level rise and extreme weather events posing an existential threat. With respect to trans-boundary issues, Maldives said the effects of climate change could not be minimized. Adaptation measures would not be successful without global action, which Maldives hoped would be demonstrated in Paris later this year.
Centre of Legal and Social Studies said that in the global context in which financial capital prevailed, the issue of debt impeded the development of many poor countries. The weight of debt burden should not impact the rights of local populations and States had to act to prevent that negative impact. It should not be forgotten that the actions of hedge funds should be at the centre of debates about the obligations of companies with respect to human rights.
Franciscans International and the Centre of Concern remained concerned by the massive failure of Governments to protect human rights and the environment from abuses by the private sector and to ensure to victims access to justice. Lack of consultation with and participation by affected communities in policies and decisions affecting their territories and way of living remained a major concern for national authorities.
Friends World Committee for Consultation (Quakers) expressed satisfaction with the attention given by Independent Experts’ reports to good practices of all stakeholders. It was stressed that procedural rights to information, public participation and justice were vital for the prevention of destructive conflict around natural resources. The importance of climate adaptation and mitigation measures was also underlined.
Verein Südwind Entwicklungspolitik acknowledged the efforts of the Independent Expert on preserving a clean and safe environment and agreed that good practices should integrate human rights and the environment. Südwind called attention to the drying of a lake in Iran and asked what could be done to prevent such catastrophes.
Human Rights Now expressed grave concern about the health of people affected by the nuclear accident in Fukushima and said that Japan had failed to implement holistic measures to fulfil its human rights obligations. Although it had enacted the Nuclear Disaster Victims’ Support Act in June 2012, ongoing health check-ups and reduction of medical costs were not fully implemented.
Human Rights Advocates spoke about the State regulation of transnational corporations in the context of global water pollution and said that the Guiding Principles on Business and Human Rights, which left the issue of extraterritorial obligations up to State discretion, insufficiently captured the spirit of Maastricht principles which affirmed that the regulation of transnational corporations did not stop at State borders.
EarthJustice, speaking in a joint statement, said good practice regarding substantive obligations concerning the right to healthy and sustainable environments had to be collected. The organizations welcomed the report on France which faced particular challenges with its environmental policy, as well as the hosting of the Climate Change Conference in Paris later this year.
International Buddhist Relief Organization spoke about the situation of Meghalaya, a State with a population of 3.2 million which was bounded to the south and west by Bangladesh and to the north and east by India. Despite being rich in natural resources Meghalaya suffered land and water degradation, and people would soon realize that they were the greatest enemies of the environment.
Concluding Remarks
JOHN KNOX, Independent Expert on human rights and the environment, responded to questions regarding the protection of environmental human rights defenders, saying it was a global problem seen in developed as well as developing countries. States should avoid treating the harassment of human rights defenders as a series of unrelated events but should see the pattern for what it was. States should further ensure there was no impunity – it was unacceptable that too often those who killed environmental human rights defenders were never even identified. An instrument ensuring access to remedy for environmental harm resulting from trans boundary decisions which may fall outside the scope of domestic remedies was worth considering. Mr. Knox urged States to continue submitting their examples of good practice. He noted that he was preparing a paper evaluating how human rights should be incorporated into the sustainable development goals. He said major obstacles to the adoption of a human rights approach to environmental issues included the realization that such an approach did not interfere with development but rather supported it and made development more robust and sustainable.
PABLO BOHOSLAVSKY, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, said in concluding remarks that everyone may have some difficulties about his fears when talking about or discussing the complex issue of financial complicity. Lending States may not like any interference about to whom they lend. Lenders may be upset because they may have to face accountability. Developing countries may fear political misuse of human rights. His report should not be seen as promoting or imposing new conditionalities harming human rights. He was concerned about the arbitrary or unilateral use of human rights. He was not calling for compulsory sanctions like in the early 90s that had had human rights impacts. He was describing a complex link between financial funds and gross violations of human rights. This notion of complicity brought responsibility for lenders. He was trying to make this point. The Independent Expert said that the most important thing to take into account was whether human rights were being violated, rather than the type of regime. Human rights should inform financial decisions, not politics. There were clear cases in which funds helped the perpetration of atrocities, and these had to be avoided.
For use of the information media; not an official record
HRC15/020E