UN Special Rapporteur on Human Rights and the Environment

UN Special Rapporteur on Human Rights and the Environment
Title	UN Special Rapporteur on Human Rights and the Environment
Appointedby	United Nations Human Rights Council
Formation	2012

UN Special Rapporteur on Human Rights and the Environment The UN Special Rapporteur on Human Rights and the Environment is an independent expert appointed by the United Nations Human Rights Council to examine the linkages between human rights and environmental protection. The mandate has engaged with international instruments such as the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and regional systems including the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Commission on Human and Peoples' Rights. Holders of the mandate have interacted with actors such as the United Nations Environment Programme, the Office of the United Nations High Commissioner for Human Rights, the World Health Organization, the World Bank, and civil society networks like Amnesty International and Human Rights Watch.

History and establishment

The mandate was established by resolution of the United Nations Human Rights Council in 2012 following advocacy from coalitions including ClientEarth, Friends of the Earth, and the Center for International Environmental Law. Discussions prior to creation referenced precedents such as the mandates of the UN Special Rapporteur on Torture, the UN Special Rapporteur on the Right to Food, and the UN Special Rapporteur on Adequate Housing. Key diplomatic negotiations invoked instruments like the Rio Declaration on Environment and Development and the outcomes of the United Nations Conference on Sustainable Development (Rio+20). Early mandate language drew on jurisprudence from the International Court of Justice and interpretative guidance from treaty bodies such as the Committee on Economic, Social and Cultural Rights.

Mandate and legal basis

The legal basis for the office derives from Human Rights Council resolutions and interpretations of binding treaties including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, alongside regional charters like the African Charter on Human and Peoples' Rights. The mandate interprets obligations under multilateral agreements such as the Paris Agreement, the Convention on Biological Diversity, and the Stockholm Convention on Persistent Organic Pollutants in light of rights protected by the European Convention on Human Rights and the Inter-American Convention on Human Rights. It also references standards articulated by the UN Committee on the Rights of the Child, the UN Committee on the Elimination of Discrimination against Women, and the UN Human Rights Committee.

Functions and activities

The Special Rapporteur performs thematic analysis, issues communications to states and corporations, and provides advisory opinions to bodies including the UN General Assembly, the UN Security Council, and the UN Economic and Social Council. Activities include cooperation with international financial institutions such as the International Monetary Fund and the World Bank Group, engagement with treaty secretariats like the Secretariat of the Convention on Biological Diversity, and participation in fora such as the Conference of the Parties to the UNFCCC and the UN Environment Assembly. The office collaborates with regional courts and commissions including the European Court of Human Rights and the Inter-American Commission on Human Rights and works with academic institutions like Oxford University, Harvard University, Yale University, and University of Cape Town.

Thematic reports and findings

The Special Rapporteur has produced thematic reports addressing air pollution, water quality, hazardous substances, biodiversity loss, climate change, and corporate responsibility, referencing scientific partners such as the Intergovernmental Panel on Climate Change, the World Health Organization, and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. Reports have analyzed cases involving extractive industries linked to companies like Shell plc and Glencore, and sectors including agriculture with actors such as Monsanto (now Bayer), forestry involving Weyerhaeuser, and mining tied to Rio Tinto Group. Thematic findings have cited jurisprudence from the European Court of Human Rights, advisory opinions from the International Court of Justice, and decisions by national courts including those in Netherlands, Colombia, Philippines, and South Africa.

Country visits and investigations

Country visits undertaken by mandate-holders have included engagements with states such as Brazil, India, Peru, Norway, Philippines, South Africa, Kenya, United States, Canada, Indonesia, Australia, and Bangladesh. Investigations have examined projects funded by institutions like the Asian Development Bank, the Inter-American Development Bank, and the European Investment Bank. The office has documented impacts in contexts involving Amazon rainforest deforestation, Arctic permafrost degradation, Niger Delta pollution, and Sundarbans coastal erosion, and engaged with affected communities including indigenous peoples represented by groups like the International Indian Treaty Council and the United Nations Permanent Forum on Indigenous Issues.

Impact on international law and policy

The Special Rapporteur’s outputs have influenced treaty negotiations for the Escazú Agreement, climate litigation before national courts in Netherlands and Philippines, and contributed to soft law instruments including UN guidance on business and human rights by the United Nations Guiding Principles on Business and Human Rights and guidance from the Organisation for Economic Co-operation and Development. Input has informed policy at the European Union, legislative debates in national parliaments such as those of United Kingdom and France, and investor standards applied by institutional investors like BlackRock and CalPERS. The mandate has been cited in academic literature from institutions including Cambridge University Press and Oxford University Press.

Criticisms and challenges

Critics including some delegations in the United Nations General Assembly and industry groups such as International Chamber of Commerce argue the mandate risks judicializing policy and exceeding its UN Human Rights Council authorization, citing tensions with sovereignty claims by states such as Russia and China. Practical challenges include limited enforcement powers, access constraints in countries like Myanmar and Belarus, funding constraints compared with agencies like the World Bank, and politicization paralleling disputes in the Human Rights Council over mandates such as the UN Special Rapporteur on the Situation of Human Rights in the Palestinian Territories. Debates persist over interactions with trade regimes under the World Trade Organization and investment arbitration under institutions like the International Centre for Settlement of Investment Disputes.

Category:United Nations special rapporteurs