Member States in Southeast Asia are developing the region’s first-ever environmental rights framework, which experts say will provide myriad social, economic and health benefits amid the rising threat of the triple planetary crisis of climate change, nature and biodiversity loss, and pollution and waste. The United Nations Environment Programme (UNEP) is providing the Association for Southeast Asian Nations (ASEAN) with technical assistance to support this effort, which follows the historic 2022 UN General Assembly resolution recognizing the right to a clean, healthy and sustainable environment.
The Working Group on Environmental Rights, operating under the leadership of the ASEAN Intergovernmental Commission on Human Rights, is preparing the text of a declaration to enshrine these rights. In addition to UNEP and the UN Human Rights Office, the working group is comprised of representatives from ASEAN bodies dedicated to youth, biodiversity, inclusion of persons with disabilities and rights of women and children, as well as experts in human rights and environmental law. This multi-stakeholder approach can enable novel and innovative solutions within ASEAN, experts say.
“UNEP is pleased to provide technical support to the ASEAN Working Group on Environmental Rights,” said Georgina Lloyd, UNEP Coordinator for Environmental Governance in Asia and the Pacific. “As with any international instrument on environmental rights, UNEP encourages ASEAN to recognize the important role of environmental human rights defenders, including Indigenous Peoples, youth, and women, in upholding the right to a healthy environment.”
Strengthening environmental rule of law
UNEP’s contribution to the working group continues its longstanding commitment to bolstering the environmental rule of law. At the 1992 Earth Summit, UNEP supported Member States in the issuance of the Rio Declaration on Environment and Development. Principle 10 of the Rio Declaration sets out three procedural rights—access to information, public participation and access to justice—as pillars of sound environmental governance. In 2010, governments adopted the Bali Guidelines to catalyse and accelerate action at the national level on Principle 10, with UNEP publishing an implementation guide for countries.
Progress on environmental rights has continued at the regional level. The Aarhus Convention, ratified by 47 parties from Europe and Central Asia, was the first international agreement to enshrine Principle 10 of the Rio Declaration. Former UN Secretary-General Kofi Annan hailed it as a “remarkable step forward in the development of international law”. In 2018, parties in Latin America and the Caribbean adopted the Escazú Agreement, the world’s first treaty to include provisions on human rights defenders in environmental matters.
UNEP has collaborated with UN regional commissions to support the implementation of these landmark accords. The efforts of regional multilateral bodies are linked with the achievement of Sustainable Development Goal 16, which promotes peaceful and inclusive societies, providing access to justice for all and building effective, accountable and inclusive institutions at all levels.
While not legally binding, an eventual declaration will embody the commitment of ASEAN Member States to promote and protect environmental rights in line with Article 28 of the ASEAN Human Rights Declaration. It will also advance political commitment to recognizing the right to a clean, healthy and sustainable environment globally. Success, however, will be contingent on engaging with stakeholders at all levels.
"In line with the principle of public participation, further consideration of the contribution of stakeholders made through public submissions and engagement in the development of a declaration will benefit the final text,” said Lloyd.
