The Crucial Role of Environmental Defenders in Ensuring a Safe Climate | Geneva Rights and Climate Talks

About this Event

The former UN Special Rapporteur on human rights and the environment, David Boyd, presented his report on a safe climate (A/74/161) to the UNGA in 2019, in which he concluded that a safe climate is absolutely essential to human life and well-being as well as it is a vital element of the right to a healthy environment.

At this 56th session, the new UN Special Rapporteur on Human Rights and Climate Change, Elisa Morgera, will present her first assessment of the situation. Over the last years, access to information and scientific knowledge, participation and mobilisation in climate action have emerged as crucial to ensuring a safe climate.

It is therefore important to see how the commitments that emerge from different publics contributes effectively to climate action, and how these commitments need to be promoted and protected. In this respect, Michel Forst, the UN Special Rapporteur on Environmental Defenders of the Aarhus Convention, which is holding its 28th Working Group of the Parties this week, has had the opportunity to intervene in several ways with States in this regard.

This event provided an opportunity for the two UN Special Rapporteurs to exchange experiences and perspectives.

Geneva Rights and Climate Talks

In the face of the three interrelated environmental crises — climate change, loss of biodiversity, and pollution — the intensification of climate change-related extreme and slow-onset events constitutes one of the greatest threats to human rights, placing it at the forefront of the human rights agenda.

The Special Rapporteur on the promotion and protection of human rights in the context of climate change reports to the Human Rights Council during its June session on issues related to her mandate. The Geneva Rights and Climate Talks, taking place in the margins of HRC56, aim to harness the opportunity of this moment of the year to reflect on the challenges posed by the impacts of climate change and the intertwined human rights implications. The talks are also an opportunity to discuss how Geneva contributes to bringing together the actors working towards placing human rights at the heart of climate action.

Speakers

Highlights

Summary

Keynote Speakers

Michel FORST | UN Special Rapporteur of the Aarhus Convention on Environmental Defenders 

• When I started my mandate as UN Special Rapporteur of the Aarhus Convention on Environmental Defenders in October 2022, I had not initially decided to focus on climate activism. My goal was to share the mandate with member states, seek political backing, and meet with defenders to hear their testimonies, stories, and recommendations on how my mandate could be useful to them.
• I was really impressed by the 20 country visits and by the young activists, mostly climate activists, who came with stories of new forms of activism, such as gluing their hands to the floor or table or blocking access to airports and roads. These peaceful demonstrators face horrible threats not only from ministers and members of parliament but also from the police, resulting in arrests and severe sentences.
• To address this, we organized workshops in Paris and Brussels to invite defenders to share more details for the preparation of a report to member states. This report would inform them of my assessment of the situation of climate activism in Europe. This led to a position paper on the state of civil disobedience as a major human rights issue.
• We are currently preparing another tool, a guidance document for states on how to approach civil disobedience, based on international standards and general comments from the committee.
• Our team receives increasing complaints from various countries about peaceful civil disobedience activists who are merely raising awareness about their governments’ inadequate implementation of the Paris Agreement. These activists face severe consequences and their stories are horrific.
• As the mandate is established within a legally binding instrument, we follow up on these cases, sometimes visiting countries to meet with governments. One major concern is the follow-up on trials.
• What is striking is the disparity between the peaceful protests and the harsh responses from the states.
• Access to information for participation is another core element of my mandate. Conditions in the past two UN Climate Change COPs were not optimal. In view of COP29, we see potential issues arising, and we need to mobilize our forces to ensure that defenders’ voices are heard.
• The treatment of climate activists at the national level and the lack of inclusion at the international level are worrying signals sent by governments.
• Despite increasing pressure from NGOs, activists, and international bodies, governments are not ready to seriously tackle the triple planetary crisis. Instead, they respond with increasing attacks and repression of activists. We need to join forces, including between the mandates of the various UN Special Rapporteurs.
• In October, we will have another inter-mechanism meeting where special rapporteurs from the UN and treaty bodies will discuss common strategies and develop new activities to protect those at risk. 

Elisa MORGERA | UN Special Rapporteur on human rights and climate change 

• As I have only very recently started my role as Special Rapporteur, it is important to honor my predecessor Ian Fry’s work in identifying, responding to, and supporting climate defenders as environmental human rights defenders. His thematic reports consistently highlighted the increasing crackdown on public participation and civic space.
• In just a few weeks I have been in this post, I have heard alarming experiences of shrinking civic space, attacks, and violence against young defenders, women defenders, and indigenous defenders. Unfortunately, at the Bonn Negotiations a few weeks ago the space to share these experiences was very limited. There seems to be a lack of understanding about the growing and severe nature of this phenomenon within climate change decision-making spaces.
• Other UN Special Rapporteurs are already very active in this area, receiving an increasing number of communications about climate defenders being attacked. We are working together, often under the leadership of the UN Special Rapporteur on Human Rights Defenders. The UN Special Rapporteur on Human Rights and the Environment, Astrid Puentes, has also made environmental defenders her priority, as have others, such as the Special Rapporteur on Freedom of Expression.
• Us coming together to reflect on what has been done and how to strategize more effectively in response to the increasing threats and human rights violations faced by environmental and climate human rights defenders. We are exploring, particularly with regional mechanisms, what distinctive roles we can play and how we can use our independent positions and flexibilities to complement each other’s efforts.
• One paradox we need to address is the practice of states punishing and targeting the very individuals and groups who are risking their lives to promote a human rights-based approach to climate change. In my recent work, I have been trying to contribute to a change in narrative. My earlier work with environmental and climate human rights defenders shows that changing the narrative is crucial in preventing violence against defenders, which often stems from stigmatization and misinformation about their roles and importance.
• The key message in my first thematic report is that, environmental human rights defenders and any other human rights holders who have had their rights violated due to climate inaction or specific climate measures must be recognized and included in decision-making spaces as experts and agents of change. While high-level policy instruments may recognize this, the barrier is often epistemological. We do not consider their experiences, indigenous knowledge, or distinctive perspectives on climate change as equal to mainstream climate science. This disparity leads to ineffective climate measures and further human rights violations.
• One area we can work on is changing this narrative and preventing further attacks and stigmatization of environmental and climate human rights defenders. We can provide an additional layer of human rights arguments, based on both human rights science and the effectiveness of international and national climate change laws, to recognize the unique value of climate defenders. Without the understanding of lived experiences, it is impossible to prevent future violations based solely on abstract or mainstream science.
• We also need to ensure more participation and civic space at various fora. While climate COPs have received some attention for being difficult and sometimes threatening spaces for climate defenders, there are other national and international fora where we need to ensure the protection of climate defenders. For instance, at the Aarhus Convention Working Group, we discussed the International Seabed Authority. The International Tribunal for the Law of the Sea has also stressed the need to consider other forums that may not directly relate to the ocean or climate change but make decisions impacting climate action and human rights.
• We need to map out which spaces should be open, welcoming, and protective of climate defenders. Additionally, we should highlight alternative practices from other forums to demonstrate that effective and inclusive decision-making is possible and can serve as a model for more problematic spaces like the climate COPs. 

Panel Discussion

Jonila CASTRO | Community Organizer, Alliance for the Defense of Livelihood, Housing, and Environment (Akap Ka Manila Bay), Philippines 

• In the Philippines, the environmental situation is dire. The environment is crucial for us because we are an agricultural country where most Filipinos are farmers, fisherfolk, and Indigenous People whose livelihoods and homes are deeply connected to the environment. Protecting the environment is vital, but the government implements projects labeled as development initiatives that actually displace communities, seize ancestral lands from Indigenous People, destroy natural defenses against climate change, and cause human rights violations.
• Environmental defenders in the Philippines are under constant attack. Activists are tagged as terrorists simply for advocating for the environment, and this terrorist tagging is used to justify abductions, killings, massacres of communities, and trumped-up charges against them. For instance, last year, my fellow environmental defender Jed Tamano and I were conducting research on destructive reclamation projects affecting the fisherfolk community when we were abducted by the military. We were detained for 17 days, subjected to relentless interrogation and psychological torture, and presented at a press conference as a rebel attorney. We were pressured to falsely admit being members of an armed group. When we exposed the state-sponsored abduction and fake surrenders, the military filed grave oral defamation charges against us, which we are still facing.
• Our case is just one of many involving Filipino environmental defenders who remain under attack. I was supposed to attend the last Human Rights Council session but couldn’t due to ongoing cases and hearings. Even after our release, we continue to face surveillance and attacks. This reality affects many environmental defenders in the Philippines. The worst are our communities, directly impacted by environmental issues like declining fish catches due to reclamation projects, loss of livelihoods and homes, and militarization. Soldiers roam our communities to intimidate people from resisting these environmentally destructive projects.
• The root cause is that the government and state forces protect big corporations instead of the environment and its people. Therefore, it’s crucial for environmental defenders to dynamically use various methods, from community organizing and participating in UN remedies and interventions to fostering solidarity and international cooperation with other countries facing similar issues. It’s encouraging that our special rapporteurs are improving ways to support environmental defenders and focusing on environmental and human rights because fighting for the environment is inherently linked to fighting for human rights, given the constant attacks on environmental human rights defenders. 

Ulises QUERO | Programme Manager (Business, Land & Environment), International Service for Human Rights 

• My organization has been working extensively on monitoring and addressing the issue of human rights defenders. There have been incredible developments; just last year, we celebrated the 25th anniversary of the UN Declaration on Human Rights Defenders. For over 25 years, we have been discussing human rights defenders, yet we still need to remind states of their obligations to protect them and include them in the decision-making process. This year, we also mark the celebration of the landmark resolution on environmental human rights defenders, adopted by the Human Rights Council in 2019, which specifically addresses their critical role in decision-making and the importance of having them at the table.
• Despite these milestones and regional mechanisms like the Escazú Agreement and the appointment of special rapporteurs for environmental defenders, states are either unwilling or incapable of fulfilling their obligations. They know what they need to do but are not implementing or taking action on these obligations.

Recent Trends:

• Increased involvement of state and non-state actors in the criminalization, harassment, and intimidation of environmental human rights defenders.
• Lack of accountability for non-state actors, issues related to corruption, and denial of justice.
• Criminalization of international solidarity. With social media and global networks, activists and groups are joining peaceful protests in solidarity with other movements, but these actions are being criminalized, especially in the West. This issue was highlighted by the independent expert on international solidarity, who presented a report on the criminalization of international solidarity, including a section on environmental protests.
• Participation of human rights defenders, environmental defenders, and civil society in different climate and environmental fora. When meetings or fora are organized outside Geneva or the Human Rights Council, defenders often struggle to secure a place in the decision-making processes. This was evident at the UNFCCC COPs and similar dynamics are seen in other fora, such as the recent Escazu COP. Challenges include denial of visas, lack of transparency of the process, regional imbalance, non-inclusion of Indigenous Peoples, security concerns, and environmental considerations (carbon footprint). Additionally, defenders face difficulties with remote participation and hybrid modalities, especially those from the Global South.
• Organizing meetings in countries with hostile environments exacerbates these issues, leading to a lack of transparency, participation, and inclusion. States need to realize that if they genuinely want human rights defenders at the table, they must implement measures to ensure their voices are heard. Otherwise, participation becomes merely a checklist, not meaningful or inclusive, and exposes human rights defenders to more targeting and intimidation.
• This is not a new issue; states must take serious measures to guarantee the participation and safety of human rights defenders. 

Open Discussion and Questions 

Q: What are your reactions you want to give from the testimonies we have heard?  Your roles are linked to two different bodies, but it is interesting to see more coordination and exchange between the Human Rights Council and the Aarhus Convention. We could hope that what happens with the Escazú Agreement could be developed in the same way. 

Michel FORST: What I heard from the two testimonies is striking and confirms the trend we see in many places. That’s why I am trying to meet with as many defenders as possible, not only individually but also by organizing regional consultations. This helps me understand what they are facing and what they expect from this mandate, allowing me to better serve their needs. 

It was mentioned that we also need to work more with other mechanisms. That is why we are organizing this meeting to collaborate with other reporters. I was also impressed to hear from Escazú about what’s happening in Chile at the last meeting of the parties. We are trying to meet with Escazú soon to discuss cooperation with the mechanism. They want to understand how this mandate, based on a legally binding instrument like the Aarhus Convention, can serve their purposes. They want to develop a similar mechanism or at least benefit from the achievements and positive results of this mandate. 

Elisa MORGERA: There’s the issue of the narrative: how can we make the protection of climate and environmental human rights defenders everyone’s concern? Jonila mentioned the problem of being seen as anti-development or even anti-climate change for protesting against unsustainable and non-human rights-compliant climate measures. This perception is a key issue because it can feed into impunity if the larger society doesn’t see climate activists as environmental human rights defenders, who in fact defend everyone’s right to a healthy environment. Education and awareness-raising, including legal education, are crucial here. Many people may not fully understand the human right to peaceful protest. Developing the toolkit is important, but we may also need to clarify these rights for the general public who can be misled by narratives from the government, businesses, and possibly other sectors, including parts of the environmental community that haven’t fully engaged with human rights. 

There is potential for cooperation at UN and international level, as well as bilateral cooperation, in areas related to climate change and broader natural resource development. Many UN agencies are influential partners in revising legislation and supporting developmental practices, whether in judicial or lawmaking practices. There’s an opportunity to mainstream the UN Declaration on Human Rights Defenders and the obligations to protect the climate and environmental human rights defenders into these traditionally influential areas of work. This understanding needs to reach the technical levels of governments, planners, those conducting environmental impact assessments, and other technical positions that can make a difference from within public authorities. 

Q: Could you share which countries are your allies in this fight, if any? It would help clarify who is actively engaged and potentially attract more support. 

Q: There have been two recent significant developments. The European Court’s judgment against Switzerland for not meeting its climate action objectives and the adoption of a treaty by member states on recognizing traditional indigenous knowledge. How do these developments influence your actions and the challenges you face? 

Q: Many big corporations often claim to support climate action, albeit controversially. Would it be feasible for your Office to establish criteria to assess whether these projects respect human rights? This could be crucial in ensuring they not only contribute effectively to climate action but also adhere to human rights standards. As previously noted, large-scale projects have sometimes led to human rights violations, so setting clear criteria could be instrumental in assessing their alignment with human rights principles. 

Q: Sometimes high-level funding doesn’t translate into commitment on the ground. Particularly in light of the recent European Union elections and their outcomes, there are growing concerns regarding the narrative. This includes increasing hostility towards environmental activism and climate defenders, and the tension between financial interests in climate-related profits versus ethical and sustainable approaches to climate action. Do you have any thoughts on how to best engage with the new EU Commission and Parliament in this context? 

Lastly, I would add on education and awareness that there’s a contingent within the human rights community that may not always recognize environmental defenders and climate activists as human rights activists. Therefore, I agree that our outreach efforts need to be as inclusive and broad as possible to unite in terms of education and awareness. 

Michel FORST: The paradox is that we see many countries, mostly in Europe, doing a lot to protect defenders outside of Europe. They are funding organizations in Africa and Latin America, and the EU is providing substantial support to establish networks of defenders worldwide. However, when it comes to their national situation, they are not at all respectful of the same defenders. We see an increasing number of communications from defenders in Europe to my mandate, while at the same time, these states are doing a lot outside of Europe to support defenders. This paradox is something we also need to address. 

I was recently speaking in Brussels at a working group with EU member states to draw attention to the fact that they need to care more about defenders within their own borders.  

In Europe, governments, ministers, and even members of Parliament are using strong terms against defenders, such as “eco-terrorists,” “activists,” “green Khmers,” and so on. This language impacts how the media relays these opinions, which in turn influences public perception of activists using civil disobedience to raise awareness. That’s another element we need to consider. 

Regarding companies, I received communications from defenders saying that companies based in Europe but operating abroad are also harming defenders. This is why my mandate also deals with complaints and speaks to companies to draw their attention to the fact that they are not supporting defenders but, on the contrary, doing harm to them. 

Elisa MORGERA: My mandate aims to identify allies, and I hope to find strong allies through regional consultations in the second half of the year. However, I am not sure if we can find allies as strong as we need for the necessary work. We might need to think of allies and levers for change in more creative ways, considering change from within, change from outside, areas where we can make progress and show good practices, and areas where we need to keep highlighting unacceptable practices. The current political climate is challenging, and I don’t have an answer to the first question, but I agree that many of us, special rapporteurs, are worried and wondering. Enhanced coordination and strategic thinking around playing different but complementary roles will be crucial. 

Education is important. Despite our awareness of the human right to a healthy environment and the interconnectedness of these issues, not everyone—including those in the human rights and environmental communities—has a clear understanding. Protesting for the protection of a particular animal species, for example, is in everyone’s interest, even if we have never seen that species before. Concerns about deep seabed mining, which many people might not even know is an activity, could undermine the source of half of the oxygen we breathe. 

Therefore, there is a need for the environmental and human rights communities to work closer together and learn from one another. Broader public awareness and education about the science and health evidence that highlight the interconnections between human well-being and environmental protection are also necessary. More work is needed in this area for sure. 

Q: We have many special rapporteurs and procedures now, and many of you are already stepping up to address these issues. I am curious to ask Michel, who has now more than 18 months of experience with the mandate, for any reflections in relation to those two points that have been discussed by both of you: shaping narrative, responding to politicians on one hand, and trying to use UN mechanisms to apply pressure against corporate abuses, particularly when we have this transboundary effect. Based on what you have witnessed of the impact of your work, do you have any recommendations or encouragement for us to be more creative or to use your mandates in a different, more focused manner? 

Michel FORST: That is precisely what I’m trying to do right now by inviting defenders to meet with me and share their stories. What I’m discussing with states and in my numerous contributions, is precisely to try and change the narrative and to see whether we have commitments from allies, from governments of countries that would be an ally to our mandates, to take concrete commitments. Not anymore to use the terms that they are using to vilify defenders. We had concrete commitments from some of them. We also need to work with the media. The media currently play a very tricky role in Germany, in France, in the UK, and other countries, in Italy as well. So, we have positive stories to share. We don’t have time to do that now, but again, working with you and others next time in Geneva, we can share positive stories. As Elisa was saying, we need to work more together, not only special rapporteurs but also other mechanisms. I’m also trying to reach out to Africa and the Americas. Recently, the Council of Europe with the commissioner for the Council of Europe also took concrete commitments on how to use those mechanisms to support those who are currently at risk.  

Áine RYALL | Chair of the Compliance Committee, Aarhus Convention

Both Special Rapporteurs highlighted the importance of awareness raising and public education, including legal education, people being aware of even the most basic things like the legal right to protest and the fundamental importance of basic human rights. Even leaving the environment aside,  being aware of the basic elements of the right to freedom of expression, freedom of association, and assembly are fundamental under so many constitutions. These tie in with newer dimensions, like climate and environmental protests more generally. To counter the lack of awareness and misinformation we must work with the media. 

Jonila CASTRO: For us environmental defenders, it is important to organize within our communities. Our primary work is to push our governments to act while collaborating dynamically with UN interventions and other mechanisms. The Special Rapporteurs can push our governments and states more specifically on policies and programs, like the anti-terror law and the anti-insurgency program. Working on the government’s policies and programs and pushing it to act will help, aside from our pressure on the ground. It’s also helpful to have pressure from outside, especially for our president to know that a lot of people are watching. 

Ulises QUERO: Businesses also do play a role. When there are actors with political and economic power imbalances, human rights defenders need to fight against that imbalance. They have unlimited resources to profit and go against human rights defenders. We are not ready to fully support that kind of imbalance that already exists, so we need to highlight that tension. Lastly, we need to include the collective dimension of the right to defend rights. While we are individualizing human rights defenders,  we also need to see them as a collective. Sometimes Indigenous Persons do not fight individually; they represent their community in a collective fight. We need to emphasize that collective dimension when they are defending their rights. 

Elisa MORGERA: Policies and programs are important to prevent further attacks on defenders and address those power imbalances we are aware of. We need to look at historical, social, cultural, and environmental injustices that have preceded and now feed into the new wave of attacks on climate defenders coming from climate measures. We need to move beyond environmental impact assessments to strategic environmental impact assessments of laws, policies, and programs. This is an area where we lack legislation and practice in integrating human rights and understanding the interdependence between human rights, including collective dimensions, and more genuine environmental action. This may be an area where we can build understanding, expertise, and awareness to prevent problematic projects and build understanding around the role and value of climate activists. Their voices are crucial in shaping better policies and programs and sharing their knowledge of past mistakes. 

Video

Photo Gallery

Links

• Environment @ 56th Session of the UN Human Rights Council
• Geneva Roadmap 40/11 for Environmental Human Rights Defenders

Photo Credit

Endorois Indigenous Women Empowerment Network. 24 June 2024.