AFTERNOON - Human Rights Council Discusses Challenges Facing Human Rights Defenders Working on Albinism, and Women and Girls and the Right to a Clean, Healthy and Sustainable Environment
Concludes Interactive Dialogue with the Special Rapporteur on the Right to Food
The Human Rights Council this afternoon held an interactive dialogue with the Independent Expert on the enjoyment of human rights by persons with albinism, and started an interactive dialogue with the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment. It also concluded its interactive dialogue with the Special Rapporteur on the right to food.
Muluka-Anne Miti-Drummond, Independent Expert on the enjoyment of human rights by persons with albinism, said those working on albinism continued to face particular challenges that impeded their work. Women human rights defenders, particularly those with albinism, reported cases of sexual harassment, and were targeted due to dangerous myths and misbeliefs about them. Many defenders working on albinism were not well informed about safety measures they could implement for better protection. More must be done to build capacity, and support the work of persons with albinism as human rights defenders. The report also provided a number of good practices that could be supported and implemented to enhance the work of human rights defenders working on albinism.
Ms. Miti-Drummond spoke of her visit to Madagascar. Madagascar spoke as a country concerned.
In the ensuing discussion, speakers said, among other things, that persons with albinism were a unique group whose human rights issues had generally gone unnoticed for centuries, the result being deeply engraved stigma, discrimination and violence against them across various countries. More often than the general population, persons with albinism and their relatives were vulnerable to accusations of witchcraft, ritual attacks, and faced risks of killing and maiming, including live amputation of limbs, rape, grave robbery, and trafficking in persons and body parts, as the study showed. Hence, countries where such accusations and attacks were rife also implied more danger for human rights defenders with albinism.
Measures needed to be taken to provide protection to persons with albinism at risk, to investigate crimes committed against them, and to end the cycle of impunity of perpetrators. In addition, it was key to protect human rights defenders by ensuring an enabling environment in which their work had the broad support of society and where they could operate free from hindrance, reprisals and insecurity. States should be encouraged to develop well-funded national protection programmes aimed at promoting and protecting the rights of persons with albinism.
Speaking in the discussion were Portugal on behalf of Portuguese Language Speaking Countries, Belgium on behalf of a group of countries, European Union, United Nations Children’s Fund, Israel, Zambia, China, Venezuela, Iraq, Djibouti, Tanzania, Malaysia, South Africa, Angola, Lesotho, Mozambique, Malawi, Panama, Nigeria, United States, and Algeria.
Also speaking were National Human Rights Institution of Burundi, Standing Voice, International Service for Human Rights, Under the Same Sun Fund Intervention, Rencontre Africaine pour la defense des droits de l'homme, World Jewish Congress, Interfaith International, World Organization against Torture, and Platform for Youth Integration and Volunteerism.
The Council then started an interactive dialogue with the Special Rapporteur on human rights and the environment.
David Boyd, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, said the planetary environmental crisis affected everyone, everywhere, but not equally. Women and girls were often excluded from participating in environmental decision-making and enjoying a fair share of nature’s benefits, while suffering disproportionate impacts related to the climate emergency, biodiversity collapse, limited access to water and sanitation, and pervasive pollution. The participation of women and girls in designing and implementing climate and environmental policies resulted in better outcomes.
On his report on pandemic prevention, Mr. Boyd said he had hosted an expert seminar on human rights, environmental conservation, and the prevention of future pandemics. Experts agreed on four key conclusions, including that the COVID-19 pandemic had had catastrophic impacts on human rights; that zoonotic diseases were emerging more frequently; that deforestation, agricultural expansion, the wildlife trade and intensified livestock production were increasing human-animal interactions and the risk of spill over; and that human rights-based approaches to pandemic prevention were the most effective, efficient and equitable approach.
Mr. Boyd also spoke of his visits to Slovenia and Portugal. Portugal and Slovenia spoke as countries concerned. The Human Rights Ombudsman of Slovenia also took the floor.
In the ensuing discussion, speakers said, among other things, that it was particularly worrisome that gender stereotypes, biases, inequalities and multiple and intersecting forms of discrimination negatively affected women and girls’ enjoyment of the right to a clean, healthy and sustainable environment. To address these challenges, a human rights-based approach, where States, businesses and civil society worked together, must be in place. Women around the world were under-represented in environmental decision-making institutions; therefore, gender disparities impacted adaptation and mitigation strategies, and there was a clear need of a transformative approach on those issues. Speakers supported the Special Rapporteur’s call for urgent, gender-transformative, rights-based climate and environmental action to address systemic gender-based discrimination and environmental injustices, and in doing so, leverage the co-benefits of gender equality and a clean, healthy and sustainable environment. Some speakers said that neither the Council nor the Office of the High Commissioner for Human Rights had a mandate for this issue.
Speaking in the discussion were Lithuania on behalf of the Nordic-Baltic countries, European Union, Costa Rica on behalf of a group of countries, Côte d'Ivoire on behalf of the Group of African States, Trinidad and Tobago speaking on behalf of the Caribbean Community, United Nations Development Programme, United Nations Women, Ecuador, France, Tunisia, United Nations Children’s Fund, Switzerland, United Arab Emirates, Burkina Faso, United States, Republic of Korea, Israel, Bahrain, Colombia, Sierra Leone, Cyprus, Paraguay, Luxembourg, Monaco, China, Food and Agricultural Organization, Costa Rica, Togo, Slovenia, India, Peru, Russian Federation, Cameroon, Morocco, Venezuela, Mexico, Armenia, Iraq, Poland, Nepal, Uruguay, Djibouti, Austria, United Kingdom, Malaysia, South Africa, Sudan, Spain, Maldives, Kazakhstan, Samoa, and Kenya.
At the beginning of the meeting, the Council concluded its interactive dialogue with the Special Rapporteur on the right to food. The interactive dialogue started in the previous meeting and a summary can be found here.
Michael Fakhri, Special Rapporteur on the right to food, in concluding remarks, said the major question asked was how everyone could ground their food systems in human rights. The Human Rights Council was an excellent place to talk about security, conflict and the right to food. Most countries had a national food plan, but most were not grounded in human rights. The right to food needed to be the core defining principle of national food pathways. This meant governments needed to speak with their people. The Special Rapporteur’s office remained open to any country that wanted to turn their right to food pathway into a right to food national action plan.
In the discussion, speakers raised, among other points, that systemic violence and structural inequalities were very present in food systems, and were one of the deep-rooted causes of violations of the right to food. This exacerbated poverty, malnutrition and hunger, as well as vulnerability and marginalisation. Violence must be rooted out of all food systems, with equality for all, and a zero-tolerance policy for sexual harassment in production systems. Climate change, the COVID-19 pandemic, international geopolitical and financial instability, and the loss of biodiversity were severely impacting food security and the right to have access to sustainable, safe, and nutritious food.
Speaking in the discussion were Panama, Ireland, Ukraine, Germany, Belarus, Cambodia, Lebanon, Chad, and Italy.
Also speaking were National Human Rights Commission of India, Centre Europe - tiers monde, Swedish Federation of Lesbian, Gay, Bisexual and Transgender Rights – RFSL, China Foundation for Poverty Alleviation, Swiss Catholic Lenten Fund, Associazione Comunita Papa Giovanni XXIII, FIAN International e.V., Sikh Human Rights Group, Right Livelihood Award Foundation, Asian-Pacific Resource and Research Centre for Women (ARROW), and VAAGDHARA.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.
Speaking in right of reply at the end of the meeting were Armenia and Azerbaijan.
The Council will reconvene on Friday, 10 March, at 10 a.m. to conclude the interactive dialogue with the Special Rapporteur on human rights and the environment, and to hold the first part of the annual discussion on the rights of the child.
Interactive Dialogue with the Special Rapporteur on the Right to Food
The interactive dialogue with the Special Rapporteur on the right to food, Michael Fakhri, started in the previous meeting and a summary can be found here.
Discussion
In the discussion, some speakers said, among other things, that systemic violence and structural inequalities were very present in food systems, and were one of the deep-rooted causes of violations of the right to food. This exacerbated poverty, malnutrition and hunger, as well as vulnerability and marginalisation.
Although violence and conflicts were a main cause of food insecurity, food systems must function in both times of war and peace. Speakers said that violence must be rooted out of all food systems, with equality for all, and a zero-tolerance policy for sexual harassment in production systems. Convention 182 on the worst forms of child labour was very relevant, given that the farming sector was the worst perpetrator of child labour.
A number of speakers said that climate change, the COVID-19 pandemic, international geopolitical and financial instability, and the loss of biodiversity were severely impacting on food security and the right to have access to sustainable, safe, and nutritious food. Russia’s war of aggression had further aggravated the global food crisis.
The weaponisation of starvation in armed conflict was condemned by speakers, and there should be accountability for these violations of international humanitarian law and international human rights law. The international community must not allow Russia to continue with its weaponisation of food. Systematic discrimination and structured inequalities were the fundamental causes of human rights violations, and the right to food could only be ensured if all the international community understood how food systems made some vulnerable.
Sexual and gender-based violence also hindered women’s ability to make and enact decisions related to their bodies, sexual health and nutrition. The right to adequate food and nutrition was a basic human right that had direct links to the right to life and health, including sexual and reproductive health. Gendered threats to the human rights of women living in rural areas, with regards to food and nutrition, were intertwined with the pervasive patriarchal norms and practices that discriminated against women and girls. Furthermore, in times of economic crises, cuts in spending had further aggravated rural women’s access to food and increased gender inequalities.
Some speakers said the right to food was also undermined by unilateral coercive measures, and these should be removed. While recognising the importance of free markets and globalisation to achieve the Sustainable Development Goals, financial speculators and financialised food markets, and the total disregard for the environment, among others, should be urgently tackled as threats to the right to food.
The imposition of a food model for production, with agribusiness dominating food chains, was a major part of the problem, driving climate change and leading to a breakdown of relations in rural areas. However, solutions did exist. Food production was a major political issue, and all States should implement and follow up the United Nations Declaration on the Rights of Peasants, which could help contribute to such solutions. The implementation of Sustainable Development Goal Two on zero hunger was also an important part of the solution.
From the shame of illegal hiring of agricultural workers in situations in which human rights were often violated, passing through the unfair influence of speculation on food commodity prices, to the scourge of malnutrition, just to name a few, the food system was permeated by situations of violence with huge repercussions on the lives of many human beings. To remove the deep-rooted structural causes of violence and inequalities, prevention was needed as part of the cure. Preventing violence meant building on equity and human rights, promoting peace through non-violent means, and adopting international solidarity as an antidote to the existing system based on inequalities.
While there were people in this world that were denied their basic right to food, corporations were monopolising food production and getting richer and richer. The issue had never been the question of whether there was enough food in the world. It had always been the question of who owned the food and when, where, and how they made it available. The current food systems were created to help create wealth for already wealthy transnationals and nations whereas developing nations and their farmers suffered.
The gender gap in food security also affected the trans and gay community, a speaker said, and this required further investigation. All stakeholders should work together to ensure children’s right to food, as this ensured their health and development. States should guarantee to women producers living in rural areas access, control, management, and ownership of all natural and productive resources on which they depended by recognising and upholding the centrality of people, as well as ensuring that the agenda on food sovereignty was framed using women’s practical and strategic gender needs.
Among questions raised were a request for the Special Rapporteur to elaborate on how the international community could ensure that food systems were grounded in human rights; what could the international community and international groups do to further ensure the right to food in the context of armed aggression; how did food security in conflict zones affect the lesbian, gay, bisexual, transgender and queer plus community unjustly; could the recognition of the right to international solidarity be one of the missing pieces needed to unhinge the mechanisms of inequalities that led to violence in food systems; and did the Special Rapporteur have any specific recommendations for States with regards to the realisation of fisherpersons’ right to food in the context of conflict.
Concluding Remarks
MICHAEL FAKHRI, Special Rapporteur on the right to food, said it was clear that everyone had read the report closely, and he appreciated that, as this was not always the case at the Council. The major question asked was how everyone could ground their food systems in human rights. The Security Council had their important resolution 24/17, but the perspective was too narrow. However, the scope of the Human Rights Council was not narrow at all; this was an excellent place to talk about security, conflict and the right to food. The Council was the place to ground these conversations. Most countries had a national food plan, but most were not grounded in human rights. The right to food needed to be the core defining principle of national food pathways. This meant governments needed to speak with their people.
Mr. Fakhri said his office remained open to any country that wanted to turn their right to food pathway into a right to food national action plan. The report one year from now would be focused on fisherpersons; this was an invitation for all countries to start thinking about fisheries. A call for input had just been released, and Mr. Fakhri invited all countries to respond. The more countries that responded, the more he could provide an overview of best practices and provide good advice. The Committee on World Food Security had the ability to coordinate and was waiting for political will. Countries should contact their capitals and their colleagues in Rome, and convene at the Committee on World Food Security next year.
Interactive Dialogue with the Independent Expert on the Enjoyment of Human Rights by Persons with Albinism
Reports
The Council has before it the report by the Independent Expert on the enjoyment of human rights by persons with albinism, addressing human rights defenders working on albinism (A/HRC/52/36), and on her visit to Madagascar (A/HRC/52/36/Add.1)
Presentation of Reports
MULUKA-ANNE MITI-DRUMMOND, Independent Expert on the enjoyment of human rights by persons with albinism, presented her report on human rights defenders working on the issue of albinism. She said the work on defending the rights of persons with albinism was relatively new and had gained much traction due to the establishment of this mandate. The Independent Expert was encouraged to see a growing number of persons with albinism actively engaging in human rights work; however, those working on albinism continued to face particular challenges that impeded their work. The Special Rapporteur had received information of defenders receiving death threats, or being assaulted, intimidated or abused. Women human rights defenders, particularly those with albinism, reported cases of sexual harassment, and were targeted due to dangerous myths and misbeliefs about them. Many defenders working on albinism were not well informed about safety measures they could implement for better protection.
Many persons with albinism were not consulted in human rights discourse and activities that had the potential to make lasting, positive impact on their lives. Visibility of the work of human rights defenders was also hampered by a lack of priority placed on the rights of persons with albinism, whether deliberately or inadvertently by States and stakeholders. More must be done to build capacity, and support the work of persons with albinism as human rights defenders. Ms. Miti-Drummond was honoured to acknowledge the presence of 10 albinism leaders at the Council today, representing civil society organizations in Europe, eight of whom had albinism, to participate in a week-long training carried out by the civil society team and her mandate. The report also provided a number of good practices that could be supported and implemented to enhance the work of human rights defenders working on albinism.
Ms. Miti-Drummond then discussed her report on her visit to Madagascar which took place from 20 to 30 September 2022 and reiterated gratitude to the Government for its cooperation in facilitating her visit. Sadly, reports of recent ongoing attacks continued to be received. The latest reports concerned the abduction of children with albinism and the killing of an adult male with albinism. Most attacks included the extraction of the eyes of the victims. The report provided ample recommendations on how to address the crimes against persons with albinism in the country, and among the priorities was expediting the work of the Technical Committee on Albinism with its multi-stakeholder engagement.
Ms. Miti-Drummond said she was concerned about the security situation for persons with albinism in the southern region of Madagascar, which was mainly due to the prevailing myths and wrong beliefs about persons with albinism that fuelled the attacks, but also because the remoteness of this area made the detection and investigation of crimes difficult. It was encouraging that there were active engagements on the ground to combat crimes against persons with albinism, and that there was growing awareness and coverage of these cases. However, there needed to be stronger protection and expedited actions to end the attacks, including through tackling the prevailing superstitions that fuelled discrimination against persons with albinism. Ms. Miti-Drummond said she was available to provide support to the authorities in Madagascar in implementing the recommendations in the report.
Statement by Country Concerned
Madagascar, speaking as a country concerned, said the Government expressed its heartfelt gratitude to the Independent Expert for both her reports. The authorities took this matter very seriously. It took the lack of security affecting people with albinism very seriously, and spared no means to combat this unprecedented phenomenon. The recommendations made by the Independent Expert were noted, in particular with regard to early education, as it was clear that a lack of information was at the heart of the discrimination affecting people with albinism.
Attacks were based on superstition, among other reasons, as well as climate change. The efforts undertaken by the Government to boost the country’s development were drowned by the need to manage slow and fast onset of natural disasters, leading to a precarious situation for vulnerable populations, which could lead to mistaken beliefs that could in turn lead to harm being done to persons with albinism. Confronted with attacks on persons with albinism, the authorities had arrested and prosecuted the perpetrators. The Government welcomed the support of the international community and the United Nations system in sharing best practices for the implementation of a national action plan to ensure the full enjoyment and protection of the rights of persons with albinism.
Discussion
In the ensuing interactive discussion, speakers said, among other things, that persons with albinism were a unique group whose human rights issues had generally gone unnoticed for centuries, the result being deeply engraved stigma, discrimination, and violence against them across various countries.
More often than the general population, persons with albinism and their relatives were vulnerable to accusations of witchcraft, ritual attacks, and faced risks of killing, maiming, including live amputation of limbs, rape, grave robbery, trafficking in persons and body parts, as the study showed. Hence, countries where such accusations and attacks were rife also implied more danger for human rights defenders with albinism, as the report rightly pointed out under the heading related to security challenges. As women and children with albinism were particularly vulnerable to harmful practices, one of the most extreme consequences of their exposure to intersecting and multiple forms of discrimination was infanticide. Underreporting and widespread impunity moreover prevailed in the case of the harmful practices resulting from accusations of witchcraft and ritual attacks.
Speakers said that human rights defenders working on albinism faced intersecting forms of discrimination. The main challenges in their work included the lack of resources, capacity, and knowledge about their right to defend human rights. Measures needed to be taken to provide protection to persons with albinism at risk, to investigate crimes committed against them, and to end the cycle of impunity of perpetrators. In addition, it was key to protect human rights defenders by ensuring an enabling environment in which their work had the broad support of society and where they could operate free from hindrance, reprisals and insecurity. Countries must develop and strengthen legislation, policies and practices on this.
Some speakers said that an increasing number of national and international instruments were progressively acknowledging the relation between albinism and disability. States should recognise that impairments related to albinism could often lead to disability, and increase efforts to eliminate stigma and discrimination against children and adolescents with disabilities, including children with albinism. Donors, particularly those funding organizations of persons with disabilities, were urged to ensure that their policies were inclusive of human rights defenders with albinism. States should be encouraged to develop well-funded national protection programmes aimed at promoting and protecting the rights of persons with albinism. Further, States should guarantee that national legislation and policies provided a framework for the protection and promotion of the work of human rights defenders, including human rights defenders with albinism and those advocating for the protection and promotion of the rights of persons with albinism.
Among questions raised were what kind of practical support and tools could be given to persons with albinism to build their capacity and protect them; how to improve data collection on women with albinism; how could Member States further support the Independent Expert’s work to raise awareness and increase the visibility of the challenges experienced by persons with albinism to better assist, protect and promote their rights; and could the Independent Expert elaborate a little more on how Governments could cooperate amongst them, to help human rights defenders working on albinism, considering their many challenge.
Intermediate Comments
MULUKA-ANNE MITI-DRUMMOND, Independent Expert on the enjoyment of human rights by persons with albinism, recognised the response of Madagascar and the openness of the Government, and encouraged States and other partners to provide support to Madagascar to prevent further attacks and ensure the rights of persons affected by albinism in the country. A lot of the attacks against persons with albinism were ritual attacks, by those who wrongly believed that the body parts of people with albinism could be used for ritual purposes. This harmful practice had to be tackled to prevent further attacks against persons with albinism. Some countries had used the plan of action as a national action plan. The plan of action remained the best way to combat attacks and ensure equality for persons with albinism. States should adopt national action plans, ensuring that these plans were carried out in consultation with persons with albinism, and ensuring that sufficient budgets were allocated. All States should examine their laws and whether they provided an enabling environment for human rights defenders, specifically those working on albinism.
Albinism itself was a disability, not just because of the weak eye vision faced by many persons with albinism, but also because of the lack of melanin. Ms. Miti-Drummond called on all entities to recognise albinism as a disability, and provide financial support and capacity building resources to organizations dedicated to persons with albinism. When it came to persons perpetuating attacks against persons with albinism, States were often dealing with cross border crimes. States could facilitate cross border exchanges and policing issues needed to focus on cross border aspects. Often times when albinism was discussed, there was a focus on the African continent. However, organizations of persons with albinism were all over the globe and needed support from the international community.
Discussion
In the discussion, speakers raised, among other points, that the report confirmed the fact that human rights defenders with albinism and those working on albinism faced numerous challenges in the enjoyment of their rights and in their duty to promote and protect the rights of persons with albinism. Amongst such challenges were security risks and hate crimes that specifically targeted them. This meant that addressing their challenges also necessitated an approach that viewed them as human rights defenders rather than support groups.
Governments, civil society groups, and individuals of good will should assist human rights defenders working on albinism by ensuring full and equal access of their rights and freedoms. Awareness-raising campaigns, as well as trainings on the international human rights legislation and standards that guaranteed their right to defend human rights, could go a long way in capacitating them, by enhancing their visibility and increasing their knowledge and understanding about albinism, and of its recognition as a human rights concern.
One of the major challenges was fostering the human rights defenders by enhancing their capability to fully deliver their role in terms of planning and monitoring their activities, a speaker said. Governments had a responsibility in ensuring that human rights defenders on albinism operated within a conducive legal, policy, and institutional environment. In addition, it was also helpful to have persons with albinism in positions of influence in governance and the human rights sector.
Human rights defenders continued to bear the pains of stigmatisation, discrimination and ill-treatment suffered by persons with albinism. It was therefore important to reiterate the need for the global community to address the challenges faced by human rights defenders working on albinism, and ensure that they did not continue to suffer in silence.
The report from the Independent Expert on albinism clearly showed that the challenges people with albinism faced must be considered a national, regional, and international human rights issue, so that albinism was included in global human rights discourse. There was a need for inclusive human rights frameworks which recognised and protected people with albinism the world over.
Some speakers said that the Governments of countries that had recently experienced attacks in the last two months, including the Democratic Republic of the Congo, Madagascar, Malawi, and Tanzania, should adopt the African Union Plan of Action on albinism with an annual budget. African governments, the United Nations, and development partners should continue to support the protection of human rights defenders at the Human Rights Council. The Independent Expert was commended on the many laudable initiatives put in place in executing this important mandate.
Concluding Remarks
MULUKA-ANNE MITI-DRUMMOND, Independent Expert on the enjoyment of human rights by persons with albinism, in concluding remarks, said she was encouraged to see the participation of so many human rights defenders with albinism in today’s session. There was still a lack of knowledge about how albinism fit within human rights. Although so much more was being done, people should take time to learn more about this and understand how albinism fit within the human rights framework. It was important to increase the capacity of those carrying out work with people with albinism to speak with the human rights language, and to know that what they were doing was not just voluntary work, but important work in protecting human rights.
The human rights framework needed to be used when talking about albinism. It needed to be emphasised that killings due to albinism were violations of the right to life, and children being excluded from schools due to albinism was the failure to ensure the right of education to persons. Ms. Miti-Drummond challenged everyone to re-examine the way they thought about albinism. States were failing persons with albinism by not including them in human rights discourse. Persons with albinism would become stronger if they were included. Their increased invisibility was a concern. Persons with albinism needed to be included when developing any plans, programmes and policies which were related to them. The more they were not included, the more they were left behind.
Interactive Dialogue with the Special Rapporteur on Human Rights and the Environment
Reports
The Council has before it the report by the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, addressing women, girls and the right to a clean, healthy and sustainable environment (A/HRC/52/33), and reports on his visits to Portugal (A/HRC/52/33/Add.1) and Slovenia (A/HRC/52/33/Add.2).
Presentation of Reports
DAVID R. BOYD, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, said he was presenting today a thematic report on women, girls and the right to a clean, healthy and sustainable environment; a special report on pandemic prevention, human rights, and environmental conservation; and country reports following his visits to Portugal and Slovenia.
Mr. Boyd said that the planetary environmental crisis affected everyone, everywhere, but not equally. Women and girls were often excluded from participating in environmental decision-making and enjoying a fair share of nature’s benefits, while suffering disproportionate impacts related to the climate emergency, biodiversity collapse, limited access to water and sanitation, and pervasive pollution. As demonstrated by their impressive contributions to protecting the environment, women and girls were powerful, transformative agents of change. The voices of women and girls should be heard, their ideas implemented, and their work rewarded. The participation of women and girls in designing and implementing climate and environmental policies resulted in better outcomes.
States should mobilise the maximum available financial, human and political resources in their gender-transformative actions to respect, protect and fulfil the right to a clean, healthy and sustainable environment. States were obligated to, among others, empower women and girls through education, access to information, equitable participation, and affordable, timely access to justice and effective remedies; provide strong protection for women and girl environmental human rights defenders; and amend gender-blind climate and environmental laws to specify the rights of women and girls. Only rights-based, systemic and transformative changes could achieve a future where everyone, including every woman and girl, enjoyed the right to a clean, healthy and sustainable environment.
On his report on pandemic prevention, Mr. Boyd said he had hosted an expert seminar on human rights, environmental conservation, and the prevention of future pandemics. Experts agreed on four key conclusions. First, the COVID-19 pandemic had had catastrophic impacts on human rights. Second, zoonotic diseases were emerging more frequently. Third, deforestation, agricultural expansion, the wildlife trade, and intensified livestock production were increasing human-animal interactions and the risk of spill over. Addressing these environmental drivers of pandemic risk was critical to preventing future pandemics, yet States were not taking adequate actions. Fourth, human rights-based approaches to pandemic prevention were the most effective, efficient and equitable approach, and were required by existing human rights obligations. Pandemic prevention was more important than preparedness or response, yet got less attention and fewer resources.
Mr. Boyd said he had visited Slovenia and Portugal. Slovenia offered many good practices related to nature conservation, solid waste management, and environmental taxes; conversely, it faced major challenges related to clean energy, air quality, and toxic hotspots. Inequalities related to access to water and sanitation continued to affect some Roma communities. Portugal was suffering devastating consequences caused by the climate crisis. To their credit, Portugal was rapidly scaling up wind and solar energy and had closed the last two coal-fired power plants. Other good practices involved strong rights-based and gender-transformative legislation, universal access to safe drinking water, and the billion-euro Environmental Fund.
Statements by Countries Concerned
Portugal , speaking as a country concerned, thanked the Special Rapporteur for his visit to Portugal last September, for the fruitful dialogues with a wide range of interlocutors, and for the report. The official part of the visit was prepared by the National Human Rights Committee. This was the country’s national mechanism for implementation, reporting, and follow-up on human rights obligations and recommendations. The Special Rapporteur had the opportunity to meet with members of Government as well as with several Government officials at the technical level; the Parliament; the Constitutional Court; the Public Prosecutor’s Office; and the environmental policy consultative body, as well as civil society outside of Lisbon. Portugal was carefully studying the recommendations of the report.
Portugal was one of the first countries in the world to enshrine the right to a healthy and sustainable environment in its Constitution, back in 1976. In Portugal, the negative effects of climate change, including heatwaves, drought, wildfires, floods, coastal erosion, or an increasing risk of desertification, had had a direct human rights impact. Portugal was committed - both internationally and at a national level - to fight climate change. The State had adopted a climate law in 2021 and the same year became the first European country without nuclear energy to abandon coal. Since 2017, Portugal had increased the weight of renewables in electricity consumption from 40 to 60 per cent. Until 2030, Portugal would continue to invest decisively in solar and wind plants. The report identified some challenges, for example in the areas of air quality, agriculture, or waste management. Portugal was fully committed to intensify efforts in these areas to uphold the right to a healthy environment.
Slovenia , speaking as a country concerned, said the Government of Slovenia thanked the Special Rapporteur for his visit. For a country committed to the environment and human rights as two of its most cherished priorities, it was natural for Slovenia to pay attention to the nexus between them. The Special Rapporteur had acknowledged Slovenia’s good practices in his report. Slovenia now had to focus on mainstreaming this right in the United Nations system and multilateral agreements, and on implementing it on the ground.
The protection of the human rights of the most vulnerable and marginalised communities was a priority, and Slovenia had noted the concerns in the report on the status of the Roma community. The issue was broader than quoted in the report. The Slovenian Government encouraged a regular dialogue with environmentally engaged non-governmental organizations and youth representatives, and included them in major environmental multilateral processes. Slovenia also had had an active national children’s parliament for more than 30 years, encouraging children to participate in civic space. The Government would take appropriate actions on the Special Rapporteur’s recommendations in line with national laws and policies, and would continue to support an ambitious environmental agenda both in the multilateral fora and nationally.
Human Rights Ombudsman of Slovenia welcomed the report of the Special Rapporteur, and called on the Government of Slovenia to implement the recommendations. The authorities should strive further in implementing rights-based environmental laws, policies, and programmes. The Ombudsman fully shared the observations of the Special Rapporteur in that the implementation of laws and policies was an area where Slovenia faced major challenges. One of the main critics was that the drafting of laws was inconsistent with the participation of the public. For around 10 years, the Ombudsman had been making recommendations to the Slovenian Government to adopt urgent measures to guarantee safe drinking water to all Roma settlements. There was a need to address the climate emergency as an urgent matter. The Ombudsman would also monitor the implementation of the recommendations provided in the Special Rapporteur’s report.
Discussion
In the ensuing discussion, speakers said, among other things, that it was particularly worrisome that gender stereotypes, biases, inequalities, and multiple and intersecting forms of discrimination negatively affected the enjoyment of women and girls of the right to a clean, healthy and sustainable environment. To address these challenges, a human rights-based approach, where States, businesses and civil society worked together, must be in place. Furthermore, women and girls should participate fully, equally and meaningfully in all processes when it came to protecting the environment. The participation and empowerment of women was crucial for the sustainable future.
Gender equality was essential in ensuring access to and sustainable management of environmental resources, as well as the preservation of the world’s global commons. Women around the world were under-represented in environmental decision-making institutions; therefore, gender disparities impacted adaptation and mitigation strategies, and there was a clear need of a transformative approach on those issues.
Gender inequalities and discrimination profoundly restricted women and girls’ enjoyment of the right to a clean, healthy and sustainable environment, compounded by the distinct and disproportionate effects of climate change and environmental degradation on women and girls’ livelihoods, rights and resilience, especially those in vulnerable and marginalised situations. Speakers supported the Special Rapporteur’s call for urgent, gender-transformative, rights-based climate and environmental action to address systemic gender-based discrimination and environmental injustices, and in doing so, leverage the co-benefits of gender equality and a clean, healthy and sustainable environment.
The inherent environment- and climate-related vulnerabilities of small island developing States, coupled with the devastating impact of the COVID-19 pandemic, had exacerbated the unique and significant challenges already faced. As the world aimed to “build forward better”, there was a clear need to not only recognise the special circumstances of small island developing States, but to also provide access to financing that would bolster regional capacity and resources, thereby enabling them to develop greater resilience to withstand future threats.
Some speakers said that Member States should legally recognise the right of women, girls and all people to a clean, healthy and sustainable environment; repeal or modify legislation that constituted discrimination against women and girls; empower and protect women and girls as climate and environmental leaders; and ensure that all women and girls had equal opportunities for meaningful participation in all climate and environmental decision-making and implementation; as well as equitable access to justice. Gender-based discrimination and norms were not fixed – they were learned, reinforced and amenable to change.
Poverty had a female face, and impeded women’s access to a clean, safe and healthy environment, and governments needed to adopt special measures ensuring remedies to this situation.
One speaker said that many of the best-practices showcased by the Special Rapporteur underscored that effective human rights-based environmental policies did not have to be prohibitively expensive. Ultimately to achieve gender equality and ecological sustainability, the international community must tackle gender-based discrimination and environmental injustices with urgent, gender-transformative, rights-based climate and environmental action. A sustainable future for all was not possible without gender equality.
In order to make collective efforts more successful, all needed to prioritise the empowerment of women, girls, and gender-diverse persons as innovative and effective leaders. This included indigenous women and girls, whose knowledge of community needs was indispensable in designing and implementing culturally appropriate solutions.
Agriculture, forestry, fisheries and aquaculture - and the people who depended on these sectors for their food security, livelihoods and future prospects - were the most impacted by ecosystem degradation, biodiversity loss and climate change. For farmers, forest-dependent people, pastoralists, and fisherfolks, the right to a clean, healthy and sustainable environment was the absolute basis of the right to food. Human rights-based approaches were catalysts for accelerated action to protect the environment, address climate change, and conserve and sustainably use biodiversity.
The One Health approach used by the Food and Agricultural Organization to sustainably balance and optimise the health of people, animals, plants and ecosystems, should be one of the guiding principles for the new pandemic instrument being negotiated under the auspices of the World Health Organization, a speaker said, pointing out that there was, however, a need to allocate adequate resources, particularly for prevention at source, often overlooked, and address the huge underinvestment in animal, plant and environmental health.
After adoption of the right to a clean, safe environment in the Human Rights Council and the General Assembly, the international community needed to remain ambitious and focus on mainstreaming the right across different negotiation frameworks for new treaties such as on plastic pollution, and the pandemic treaty, and include it into the upcoming United Nations Summits on Water, the Sustainable Development Goals, and the Summit of the Future. In parallel, States should design and implement normative frameworks that recognised and supported the right.
Conserving the environment was acquiring particular resonance in today’s world, a speaker said, but the link between human rights and climate problems was largely artificial, and work on the climate should take place in appropriate bodies. The Special Rapporteur should cease to present his particular opinions as new obligations upon States. Given that environmental rights were still unresolved in international human rights law, there was creeping expansion of the Human Rights Council’s mandate, taking it into positions that did not reflect reality. Neither the Council nor the Office of the High Commissioner for Human Rights had a mandate for this issue.
Among the questions asked was how could the Human Rights Council contribute to eliminating systemic discrimination of women and girls and empowering them to be a part of the climate and environmental transformation; could the Special Rapporteur elaborate his future plan to work on procedural elements of the right to a clean, healthy and suitable environment; what could be done to ensure that the Agreed Conclusions of the Commission on the Status of Women 66 on “Achieving gender equality and the empowerment of all women and girls in the context of climate change, environmental and disaster risk reduction” were fully implemented; how could the United Nations support women and girls as climate leaders across various sectors; and could the Special Rapporteur elaborate on how the procedural elements of the right affected women and girls in situations of vulnerability?
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HRC23.022E