Every year, more than 300,000 people attempt to reach the United States from countries in Northern Central America. Driven from their homes by violence, extreme poverty, climate change, and a number of other factors, they are forced to embark on a journey that itself fraught with danger. Along this road, Franciscan brothers and sisters are trying to support and protect migrants as best they can. They do so by providing direct assistance, but also by documenting the stories of those that pass through their shelters.
This advocacy diagnosis combines these testimonies with a review of the most recent information from relevant literature, as well as with interviews with other key actors. It provides a general overview of new trends in Northern Central America, aiming to expand the debate on possible ways to deal with this phenomenon. Beginning with the caravans of 2018 and 2019, we identify the changes that have taken place in migration dynamics and highlights both structural problems in the sub-region as well as the violence and impoverishment in previously productive rural areas that drive migration.
We also considered it essential to report on the issues faced by actors who care for migrant populations – both in their countries of origin and those of transit – to be able to analyze possible opportunities and challenges in the future. This focus on actors who support migrants allows us to move beyond simply describing problem, instead helping to visualize the best ways for regional articulation and coordination.
When we started our work, the first consequences of Covid-19 measures and State responses to migratory flows were already becoming clear. This allowed us to include a section dedicated to considering new dynamics that have started to emerge as a result of the ongoing pandemic.
In 2019, the Marshall Islands, on behalf of the Climate Vulnerable Forum (CVF), called upon the Human Rights Council to establish a mandate for a new UN Special Rapporteur on Human Rights and Climate Change. Member States of the CVF and Pacific Island States have since echoed this demand, calling for the mandate to be instituted in 2021 to better protect the rights of those on the front line of climate impacts. These calls reiterate demands made by civil society organisations as early as 2010.
In autumn 2020, the Asociación Interamericana para la Defensa del Ambiente (AIDA), the Center for International Environmental Law (CIEL), Franciscans International (FI), Natural Justice, the Pacific Island Students Fighting Climate Change, (PISFCC), the Pan African Climate Justice, Alliance (PACJA), and the Vanuatu Climate Action Network (V-CAN), conducted regional web-based consultations with over 150 civil society and Indigenous Peoples experts across more than 50 countries with the support of the Friedrich-Ebert-Stiftung (FES) Geneva Office. The objective was to collect views on the idea of the Human Rights Council establishing a mandate for a new UN Special Rapporteur on Human Rights and Climate Change.
The report “A UN Special Rapporteur on Human Rights and Climate Change? Regional Perspectives” channels these perspectives in order to inform discussions on the issue. It presents key recommendations from civil society and Indigenous Peoples on the creation of this mandate, collected through regional consultations across the world, which were coordinated by the Center for International Environmental Law (CIEL) and Franciscans International (FI) in cooperation with the FES Geneva Office.
The report is available in English, French, and Spanish.
Even though 2020 was characterized for many by the restrictions and lockdowns to curb the spread of COVID-19, more people than ever before in history are on the move across the globe. Around 3.5 percent of the world’s population has migrated across national borders – some by choice, others forced to do so by necessity. Regardless of what drives them, people on the move are frequently met with ignorance and hostility. The pandemic has only further exacerbated the dire situation of migrants, who are at particular risk to have their human rights violated.
Today, on International Migrants Day, the Office of the High Commissioner for Human Rights is launching a new campaign calling on people to #StandUp4Migrants, which includes an online toolbox on how to change the way to speak about migrants and migration. Franciscans International made its own contribution to foster a better understanding of people on the move recently with the launch of “Tearing Down the Walls. This publication challenges myths on migration from a human rights perspective and provides positive arguments to promote their rights and dignity.
In the foreword of the publication, Cardinal Michael Czerny SJ notes that the concept of ‘being on the move’ is deeply ingrained in the self-understanding of Franciscans, with Francis himself asking his follows to live as ‘pilgrims and strangers,’ and that, perhaps, it is no surprise that the Franciscans have come to work closely with migrants across the world. “Tearing Down the Walls” takes some of their experiences and uses concrete examples of the work done by Franciscans in the Americas, Africa, and Asia Pacific to identify myths on migration and then to dispel these using elements of international human rights law.
Another such initiative, where grassroots support is combined with international advocacy, is the Franciscan Network of Migration (RFM). The Network emerged after a 2018 JPIC conference of the Order of Friars Minor in Mexico and has since grown to include other branches of the Franciscan family. Linking a number of migrant and refugee shelters across the Americas that provide direct support, it also aims to address the underlying causes that drive people from their homes and puts them at risk during and after their journeys. FI recently took part in an assembly of the network members, with whom we work closely so that their direct experiences are heard in the United Nations’ human rights forums and verified information can be used toward positive and concrete change.
To that end, FI is also currently working on a research paper covering the northern countries of Central America, Mexico, and the United States. While focusing on the dynamics of migration in this region, this paper will also examine the particular challenges posed by the COVID-19 pandemic. We are expecting to publish this paper in early 2021 and the launch will be announced on this website as well as through our social media channels.
FI joins the Office of the High Commissioner for Human Rights in its call to stand up for migrants. We also encourage everyone to learn more about the many dimensions and nuances of people on the move, either by taking part in the #StandUp4Migrants campaign or by having a look at “Tearing Down the Walls,” and its suggestions for taking action.
This year, International Human Rights Day comes within the context of the 75th anniversary of the UN Charter and the COVID-19 pandemic. While Franciscans International, along with other civil society actors and States, would have taken stock at what the UN has accomplished over the past decades, including in regards to the pillar of human rights, the pandemic has undoubtedly forced us all to take a more honest look at the state of the world.
Our network of Franciscan and other partners on the ground have continued to convey both the extraordinary situations they are facing, as well as their efforts to support their communities. FI documented some of this in our April statements on the pandemic. At the time, we underscored that COVID-19 has served as a magnifying glass on structural human rights issues, which while present for decades and even centuries, could no longer be “managed” or hidden by governments. Inequalities in and between states, including with regards to human rights such as access to clean water and health care, were exposed and exacerbated. At the same time, many States failed to fully consider how such inequalities had been generated and preserved, and continued to prioritize business interests over the short and long-term health and safety of their citizens. This included rollbacks on environmental legislation and some states that deemed mining as an ‘essential’ activity.
On this International Human Rights Day, Franciscans International calls on States to heed the call of the UN to “recover better.” States must consider their obligations under the UN Charter, including their duty to respect, protect, and fulfill human rights. This must include consideration of how climate change has and will continue to impact human rights, so that any recovery is not only effectual but also sustainable.
FI’s previous statements on COVID-19 and human rights can be found here:
Migration and the movement of peoples is a phenomenon that is as old as humanity itself. While persistent factors, such as conflict, continue to force people from their homes, climate change and other new drivers also fuel an increase in human mobility globally.
Today these old and new factors have created a shared context in which unprecedented numbers of people are moving across the world. Although international law is unequivocal that the enjoyment of human rights must not depend on one’s legal status, migrants often continue to face obstacles and hostilities.
Numerous dynamics, such as rising economic and social inequalities in many countries and the current rise in various forms of national populism, have contributed to the development of an often xenophobic and racist discourse about migration and migrants. Repressive policies and ‘security’ priorities are dominating State actions, largely with complete disrespect for the human rights obligations that these same States have committed to. In this environment, the rights of migrants are threatened.
While States did come together in an attempt to address these concerns, and adopted the Global Compact for Safe, Orderly and Regular Migration in 2018, the process and the Compact itself proved insufficient. The difficult negotiations and eventual adoption of this agreement very clearly exposed the many ‘myths’ and misrepresentations of migrants and of migration found globally. It further highlighted that the protection of human rights in the context of migration, even if reiterated as a general abstract principle, is still not the number one priority of many States when implementing border control or other sectorial policies.
This publication aims at deconstructing predominant myths about migration and human mobility more generally, from a human rights perspective. In doing so, the paper reflects the lived experiences of Franciscans and our other partners who are focused on and support migrants, refugees, internally displaced persons, and victims of human trafficking. It also looks at binding human rights standards and the political commitments of States via the Global Compact on Migration. This paper is by no means exhaustive, neither in the myths or issues presented, nor of the international legal obligations that States have in regard to a particular issue.
Nevertheless, we hope that this publication may help Franciscans, other faith-based groups, and local civil society organizations to address and counter, with the general public and local authorities, misconceptions, xenophobic and racist discourses, and abusive policies on human mobility. Franciscans International underscores that States have legal obligations towards migrants’ rights that must be respected, protected, and fulfilled. Their rights, including their lives and safety, should not be subject to political currents.
The Council is conducted its September session in a hybrid form, with participants engaging both virtually and in-person. We continue to work closely with Franciscans and other grassroots partners to ensure that urgent human rights issues are raised, even when representatives are unable to travel to Geneva themselves.
An overview of all our statements, delivered either in-person or by video, can be found below.
End of session statement (7 October)
In a joint final statement, 14 civil society organizations shared their reflections on key outcomes, as well as missed opportunities, of the 45th session of the Council. This included a number of key priorities for Franciscans International throughout the session, among others the right to a healthy environment, the rights of migrants, and the human rights situation in the Philippines. A shortened version was delivered in-person at the Council.
Franciscans International welcomed the adoption of all recommendations related to climate change during its Universal Periodic Review, in particular its commitments to adopt an inclusive and participatory approach. However, as a nation, the survival of Kiribati depends on the serious commitment of the international community. We urged the Council to consider resolutions to establish a mandate for a special rapporteur on human rights and climate change as well as to recognize the right to a safe, clean and healthy and sustainable environment
Item 4: Situations that require the Council’s attention (25 September)
During the general debate on situations that require the Council’s attention, Franciscans International again raised the importance of establishing a Special Procedure mandate on human rights and climate change. While acknowledging on-going efforts, we emphasized that the Council currently lacks the means to address the climate crisis in a comprehensive way and that this new mandate would be one way to ensure a long-term focus on this issue and bring a human rights dimension into climate change policies.
Item 4: Situations that require the Council’s attention (25 September)
In July 2020, the High Commissioner for Human Rights presented a report detailing widespread violations in Philippines committed during so-called ‘war on drugs’. The government has rejected the findings of the Office of the High Commissioner and refuses any meaningful steps to ensure accountability for the victims. In a joint statement, Franciscans International calls on the Council to launch an independent international investigation as a step toward ending impunity in the Philippines
Item 3: Interactive Dialogue with the Special Rapporteur on the rights of indigenous peoples (24 September)
West Papua remains the most militarized region in Indonesia. Now, the COVID-19 outbreak has aggravated the humanitarian crisis with increased violence against indigenous Papuans and new restrictions on the freedom of movement and freedom of assembly. At the Human Rights Council, Brother Alexandro Rangga OFM called on the Indonesian government to scale-down the military presence and open access of Papua to the international community.
Annual panel discussion on the rights of indigenous peoples (24 September)
Indigenous human rights defenders in Guatemala face a perilous situation: in the first six months of 2020, there have been at least 667 attacks and crimes against them, including 14 assassinations. At the Human Rights Council, Franciscans International called attention to the case of Bernando Caal, a Q’eqchi Mayan defender and community leader, whose sentence of 7 years and 4 months in prison for protesting the imposition of Oxec hydroelectric projects was recently upheld, despite multiple violations of his right to due process.
The COVID-19 pandemic has again exposed the linkages between environmental degradation, biodiversity loss, and the emergence of pandemics: the result has been a catastrophic impact on peoples’ health and their enjoyment of human rights. In a joint statement, Franciscans International reiterated its support for the joint appeal “The Time Is Now” and called on the Human Rights Council to recognize without delay the right of all to a safe, clean, healthy and sustainable environment.
Item 3: Interactive Dialogue with the Special Rapporteur on toxic wastes (21 September)
Despite catastrophic disasters in Mariana and Brumadinho since 2015, at least 40 tailing dams in Brazil’s Minas Gerais State remain at risk of collapse. Instead of ending impunity for mining related cases, the government is seeking the further flexibilization of environmental licensing procedures. At the Human Rights Council, Dom Walmor Oliveira de Azevedo – President of the National Conference of Bishops of Brazil – called attention to ongoing violations and critical situations in Brazil and urged the government to comply with its international human rights obligations.
Item 3: Interactive Dialogue with the Special Rapporteur on water and sanitation (16 September)
During the presentation of his last report to the Council, Franciscans International thanked Mr. Léo Heller for his work as Special Rapporteur over the past six years, in particular for his contributions to give practical meaning to international law. FI also expressed its concern over ongoing problems related to privatization and access to water in Guatemala and El Salvador that were highlighted in the Special Rapporteur’s work.
To Her Excellency, Ms. Elisabeth TICHY-FISSLBERGER, Permanent Representative of Austria to the United Nations Office at Geneva, President of the United Nations Human Rights Council
To their Excellencies, Permanent Representatives of the Members of the United Nations Human Rights Council
To their Excellencies, the Permanent Representatives to the United Nations Office at
Geneva, 10 September 2020
Excellencies,
We, civil society organizations, Indigenous Peoples, social movements and local communities signing this letter, are pleased to present to you this call addressed to the Human Rights Council, to recognize without delay the human right of all to a safe, clean, healthy and sustainable environment.
A healthy environment is essential for human life and dignity. The air we breathe, the water we drink, the food we eat and the life-sustaining climate we enjoy, all are dependent on healthy, diverse, integral and functioning ecosystems. In view of the global environmental crisis that currently violates and jeopardizes the human rights of billions of people on our planet, global recognition of this right is a matter of utmost urgency. As we all know, there are no human rights on a dead planet.
Scientific Evidence of the Environmental Crisis is Undeniable
For decades, there has been global scientific consensus on the critical state of the environment and its consequences for human lives and the future of life on Earth. The previous five assessments of the Intergovernmental Panel on Climate Change (IPCC) have provided evidence of the scope of the climate crisis and its most significant threats. The global assessment by the Intergovernmental Science- Policy Platform on Biodiversity and Ecosystems Services (IPBES) has observed that “nature across most of the globe has now been significantly altered by multiple human drivers, with the great majority of indicators of ecosystems and biodiversity showing rapid decline”1 and that “most of nature’s contributions to people are not fully replaceable, and some are irreplaceable.”2
Against such trends, the scientific community has identified the kind of actions that need to be implemented and has underscored the urgent need for rapid, far-reaching, and transformative changes. Those actions include replacing fossil fuels with renewable energy, eliminating poverty and reducing inequalities,3 sound management of chemicals that eliminates waste and pollution and fosters sustainability,4 and scaling up protection for biodiversity and healthy ecosystems. Importantly, such actions must ensure the protection of the human rights, lands, and livelihoods of Indigenous Peoples and all other communities living sustainably in conservation areas.5 “Nature,” as the IPBES reminded us, “can be conserved, restored and used sustainably while other global societal goals are simultaneously met through urgent and concerted efforts fostering transformative change.”6
COVID-19 Demonstrates the Urgency
The current COVID-19 pandemic, which comes in the wake of increasingly frequent vector borne zoonotic diseases is having devastating impacts on the realization of all human rights across the globe. There is clear evidence of large-scale environmental degradation and human-induced disruption of natural ecosystems being strongly linked to such diseases, more frequently crossing over from animals to humans. To avoid further or worse catastrophes and ensure a just and equitable recovery, and consistent with the call of the UN Secretary General to “build back better,”7 States must recognize, respect, protect and fulfil the human right of all to enjoy a safe, clean, healthy and sustainable environment.
Widespread Recognition of the Right to a Healthy Environment
A substantial majority of States have already incorporated a right to a healthy environment in their Constitutions and laws.8 Regional systems also explicitly recognize this right and have developed a growing jurisprudence to implement and apply it. More than two years ago, the UN Special Rapporteur on human rights and the environment presented the Framework Principles on Human Rights and the Environment9 to the Human Rights Council, illustrating the basis and the widespread acceptance of the right to a healthy environment throughout the world. Such widespread developments demonstrate that the time is ripe for the universal recognition of this right.
Recognition of this Right is Necessary Now
The historic and urgent moment in which we live requires the UN Human Rights Council to formalize the recognition of the right to a safe, clean, healthy, and sustainable environment without any further delay. The dignity of all persons must be protected both individually and collectively, and both substantively and procedurally, from the natural and human-made degradation of the environment and the impacts of climate change. Human rights must also be ensured as we face new environmental challenges, including systemic risks, irreversible degradations, irreplaceable loss and irreparable damages even when uncertainty remains. Such challenges must be now considered when implementing human rights. The right to a healthy environment ensures the interdependence and indivisibility of human rights and their relevance to environmental realities. Fragmented approaches cannot deliver.
The widespread recognition of the right to a healthy environment reflects ongoing legal developments and acceptance. For example, a regional enforceable instrument recognises this right in both its individual and collective dimensions.10 Such a plurality of legal developments illustrates how the protection of human rights is evolving and has been strengthened on environmental issues. By describing this right as one to a safe, clean, healthy, and sustainable environment, the UN Human Rights Council will build on these developments and lead towards a common ground among States that will facilitate the exchange of experiences and the clarification of obligations deriving from environmental and human rights law.
Human rights and environmental international law share fundamental principles. Both recognize a “do no harm” principle. Both acknowledge the principles of access to information and of public participation in the development and implementation of policies. Both apply the principle of intergenerational equity. Both require protecting the natural resources and ecosystems that present and future generations equally rely upon for the full enjoyment of their human rights and achieving the Sustainable Development Goals. These will all be strengthened by the recognition of a global human right to a healthy environment.
Stronger Environmental Justice, Policies, and Performances
By filling this glaring gap in the architecture of international human rights law, the Human Rights Council’s recognition of a right to a safe, clean, healthy, and sustainable environment will play a crucial role for the realization of environmental justice for communities exposed to degraded, hazardous or threatening environments. Recognizing this right will create the foundation for strengthening the environmental policies and legislation of States, providing wider support and legitimacy and thus improving their environmental performance. Research has shown11 that the recognition of this right leads to improved environmental outcomes including cleaner air, enhanced access to safe drinking water and healthy and diverse food, and reduced greenhouse gas emissions — all of which are necessary to guarantee the enjoyment of many human rights. Furthermore as the UN Special Rapporteur on human rights and the environment emphasised, “a safe climate is a vital element of the right to a healthy environment and is absolutely essential to human life and well-being.”12 The recognition of this right by the Human Rights Council will assist in highlighting the urgent need for effective climate action.
A Right Already Recognized for Indigenous Peoples and for Peasants and Other People Working in Rural Areas
For many years, Indigenous Peoples throughout the world have called attention to the level of environmental degradation and to the consequences of unsustainable development, from which they have suffered disproportionately and unjustifiably. They have fought for social and economic models that centre the well-being of people and the planet. The UN Human Rights Council, followed by the UN General Assembly, has recognized the special relation of Indigenous Peoples to their land and to their environment, in article 29 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP): “Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources.”13
For peasants and agricultural workers, the UN Human Rights Council, followed by the UN General Assembly in 2018, also recognized a right to a healthy environment in article 18 of the UN Declaration on the Rights of Peasants (UNDROP): “Peasants and other people working in rural areas have the right to the conservation and protection of the environment and the productive capacity of their lands, and of the resources that they use and manage.”14 Making this right universal will extend it to all people and will not only contribute to reducing the pressure on the ecosystems on which they depend, but will also enhance the ability of Indigenous Peoples, as well as local and rural communities, to identify solutions for environmental recovery and the protection of the integrity of natural ecosystems in line with human rights.15
Stronger Protection and Empowerment for Particularly Affected Persons
The Human Rights Council has clearly acknowledged that gender equality and women and girls’ empowerment are important in the safeguarding of the environment, given the role women and girls play as managers of natural resources and agents of change.16 They commonly face higher risks and greater burdens from environmental degradation and climate change due to pre-existing gender inequalities and intersecting forms of discrimination,17 and as, among other reasons, a majority of them rely on natural resources for their livelihoods. Women and girls play a critical role in response to environmental challenges and to the climate crisis, notably with their ethics of care, knowledge of sustainable resources, and leadership in sustainable practices. Gender equality and the role of women and girls will be reinforced by the universal recognition of this right.
The Human Rights Council has stressed that environmental human rights defenders must be ensured a safe and enabling environment to undertake their work, “in recognition of their important role in supporting States to fulfil their obligations.”18 The universal recognition of this right will further buttress the legitimacy of their efforts and highlight the key role they play in ensuring that States effectively protect the environment while respecting, protecting, and fulfilling all human rights. It will also urge States to protect child, young, and adult environmental human rights defenders from worryingly high levels of threats and attacks.
Children are particularly vulnerable to environmental harm. More than one quarter of deaths among children under the age of five each year – approximately 1.7 of 5.9 million – are attributable to largely-preventable environmental causes. Millions more suffer irreversible and lifelong impacts. The current worldwide child and youth-led mobilization for the environment and against the increasing impacts of the climate crisis is challenging all governments to live up to the commitments they have made and to ensure that younger generations can benefit from a natural environment equivalent to the one that previous generations enjoyed.
As recognized by the Human Rights Council,19 the human rights implications of environmental damages are felt most acutely by those already in vulnerable situations. As more and more persons suffer from environmental degradations, such situations can include children, youth, older persons, women, LGBTQI+, persons with disabilities, Indigenous Peoples and local communities, people of African descent, minorities, peasants, fishers, pastoralists, workers, persons living in poverty, persons in detention, those in occupied territories, migrants, refugees, and displaced persons. The universal recognition of the right to a safe, clean, healthy, and sustainable environment will reinforce the role of people in vulnerable situations as rights holders and as agents of change in environmental matters.
Strengthening International Cooperation
International cooperation is crucial for addressing issues of environmental degradation, such as the climate crisis. The universal recognition of the right to a healthy environment will provide the necessary framework to strengthen international cooperation, including encouraging greater technical assistance and capacity-building on environmental matters. It will provide guidance, encourage capacity building and solidify common ground when handling global effects arising from environmental issues. It will also strengthen existing efforts to ensure the accountability of transnational corporations and other business enterprises for environmental harms.
A Right that Must Now Become Universal
As the pre-eminent inter-governmental human rights body, with the mandate to strengthen the promotion and protection of human rights around the globe and to prevent and address human rights violations, the Human Rights Council has a unique responsibility to urgently address and prevent the serious threats to human rights posed by environmental degradation. Therefore, consistent with the Council’s vital role in normative development, we urge all States to support the swift passage of resolutions at the Human Rights Council recognizing that we all have the right to a safe, clean, healthy, and sustainable environment.
IPBES (2019): Summary for policymakers of the global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. S. Díaz, J. Settele, E. S. Brondízio E.S., H. T. Ngo, M. Guèze, J. Agard, A. Arneth, P. Balvanera, K. A. Brauman, S. H. M. Butchart, K. M. A. Chan, L. A. Garibaldi, K. Ichii, J. Liu, S. M. Subramanian, G. F. Midgley, P. Miloslavich, Z. Molnár, D. Obura, A. Pfaff, S. Polasky, A. Purvis, J. Razzaque, B. Reyers, R. Roy Chowdhury, Y. J. Shin, I. J. Visseren-Hamakers, K. J. Willis, and C. N. Zayas (eds.). IPBES secretariat, Bonn, Germany, page 11, A4.
Idem, page 10, A1.
Roy, J., P. Tschakert, H. Waisman, S. Abdul Halim, P. Antwi-Agyei, P. Dasgupta, B. Hayward, M. Kanninen, D. Liverman, C. Okereke, P.F. Pinho, K. Riahi, and A.G. Suarez Rodriguez (2018) Sustainable Development, Poverty Eradication and Reducing Inequalities. In: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty, Masson- Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.).
United Nations Environment Programme (2019) Global Chemicals Outlook II, From Legacies to Innovative Solutions: Implementing the 2030 Agenda for Sustainable Development; B. Tuncak, UN Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes (2017) Guidelines for good practices in relation to the human rights obligations related to the environmentally sound management and disposal of hazardous substances and wastes, 20 July 2017, Geneva, A/HRC/36/41; United Nations Environment Programme (2013) Global Chemicals Outlook – Towards Sound Management of Chemicals.
IPBES (2019): Global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. E. S. Brondizio, J. Settele, S. Díaz, and H. T. Ngo (editors). IPBES secretariat, Bonn, Germany: Chapters 2 & 3.
IPBES (2019): Summary for policymakers of the global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services: page 16, D.
On 22 May 2020, UN Secretary-General António Guterres declared: “As we seek to build back better from the current crisis, let us work together to preserve biodiversity so we can achieve our Sustainable Development Goals. That is how we will protect health and well-being for generations to come.” Building Back Better (BBB) is an approach to post-disaster recovery aimed at increasing the resilience of nations and communities to future disasters and shocks. First defined in the UN Sendai Framework for Disaster Risk Reduction, then agreed at the Third UN World Conference on Disaster Risk Reduction, 14-18 March 2015 in Sendai, Japan and adopted by the UN General Assembly on 3 June 2015, New York.
D. Boyd, UN Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (2019) Right to a healthy environment: good practices, Report to the Human Rights Council, 30 December 2019, Geneva, A/HRC/43/53 parag. 11, 12, 13.
J. Knox, UN Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (2018) Framework principles on human rights and the environment, Report to the Human Rights Council, 24 January 2018, Geneva A/HRC/37/59.
Inter-American Court of Human Rights (2017) The Environment and Human Rights (State obligations in relation to the environment in the context of the protection and guarantee of the rights to life and to personal integrity – interpretation and scope of Articles 4(1) and 5(1) of the American Convention on Human Rights). Advisory Opinion OC-23/17 of November 15, 2017. Series A No. 23.
D. Boyd, (2020) Good practices of States at the national and regional levels with regard to human rights obligations relating to the environment, Report to the Human Rights Council, 23 January 2020, Geneva, A/HRC/43/54.
D. Boyd, (2019) Safe Climate Report, Report to the UN General Assembly, 15 July 2019, Geneva, A/74/161.
United Nations General Assembly (2007) United Nation Declaration on the Rights of Indigenous Peoples (UNDRIP), Resolution adopted by the General Assembly on 13 September 2007, New York, A/RES/61/295: Article 29.
United Nations General Assembly (2018) United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), Resolution adopted by the General Assembly on 17 December 2018, New York, A/RES/73/165: Article 18.
P. McElwee, Á. Fernández‐Llamazares, Y. Aumeeruddy‐Thomas, D. Babai, P. Bates, K. Galvin, M. Guèze, J. Liu, Z. Molnár, H. T. Ngo, V. Reyes‐García, R. Roy Chowdhury, A. Samakov, U. Babu Shrestha, S. Díaz, E. S. Brondízio. Working with Indigenous and local knowledge (ILK) in large‐scale ecological assessments: Reviewing the experience of the IPBES Global Assessment. Journal of Applied Ecology, 2020.
United Nations Human Rights Council (2019) Resolution 40/11. Recognizing the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development, 2 April 2019, Geneva, A/HRC/RES/40/11.
Committee on the Elimination of Discrimination Against Women – CEDAW (2018) General Recommendation No. 37 on Gender-related dimensions of disaster risk reduction in the context of climate change, Geneva, CEDAW/C/GC/37.
United Nations Human Rights Council (2019) Resolution 40/11. Recognizing the contribution of environmental human rights defenders to the enjoyment of human rights, environmental protection and sustainable development, 2 April 2019, Geneva, A/HRC/RES/40/11.
Idem.
Together with partners, Franciscans International hosted two virtual side events during the High-Level Political Forum (HLPF) on Sustainable Development and the 44th Session of the Human Rights Council.
Walking the talk: Exploring concrete steps towards human rights-aligned policies in a world in crisis
The current global health crisis hits the poor the hardest: they are not only more likely to be affected by the virus but also by measures taken in response to COVID-19. The disproportionate impacts of the pandemic are not only linked to inequalities within countries, but also between countries globally and regionally. More than ever, we need policy coherence in compliance with human rights and in attaining the core principle of “leaving no one behind.” In this webinar, organized during the HLPF, experts reflect on concrete country experiences linking sustainable development, climate policies, and human rights compliance.
Opening remarks: H.E. Ambassador Frank Tressler(Permanent Representative of Chile the UN in Geneva)
Reflections on country experiences: Busi Sibeko(Institute for Economic Justice, South Africa) and Savi Bisnath (Office of the High Commissioner for Human Rights)
Discussants: Olivier De Schutter (UN Special Rapporteur on extreme poverty) and Kate Donald (Center for Economic and Social Rights)
COVID-19 and the human rights of people living in poverty
While the current pandemic has touched all countries in the world, it has also revealed the widening inequalities in society: people living in poverty are not only exposed to a much greater risk of infection, but also bear the disproportionate brunt of the negative economic and social consequences of the pandemic. This webinar looks at how risk factors of COVID-19 affect different groups of people, through what processes the experiences of people living in poverty can be reflected in policy measures designed to fight the pandemic, and what measures can be implemented to protect people living in poverty and social exclusion from the devastating economic and social impacts of the disease.
Opening remarks: Iyad Jaber (Mission of France)
Panelists: H.E. Ambassador Shara Duncan (Permanent Mission of Costa Rica), Olivier De Schutter (UN Special Rapporteur on extreme poverty and human rights), Shahra Razavi (International Labour Organization), Eric Hazard (Save the Children), and Maryann Broxton (ATD Fourth World USA)
Moderator: Magdalena Sepúlveda Carmona (GI-ESCR)
Ten Years of the Human Rights to Water and Sanitation: A transformative pathway for the SDGs and COVID-19 response
Despite the fact that access to water and sanitation were declared human rights a decade ago by the UN General Assembly, their realization remains a distant reality for billions of people and it is clear that not enough progress has been made on Sustainable Development Goal 6. At the HLPF, our longtime partner Sandra Carolina Ascencio from El Salvador joined other human rights defenders from across the world to discuss what action is needed urgently to achieve this goal, especially now that the COVID-19 pandemic is exacerbating existing inequalities and highlighting the lack of access to services that enable good hygiene. The event was co-sponsored by the NGO Mining Working Group at the UN of which Franciscans International is a member.
Despite the current travel restrictions, we continue to work with our Franciscan and other local partners to raise human rights issues directly at the United Nations. An overview of all our statements during this session of the Human Rights Council, delivered either in-person or by video, can be found here.
Item 3: Interactive Dialogue with the Special Rapporteur on peaceful association and assembly – Sri Lanka (10 July)
Civic space in Sri Lanka, which has already been shrinking over the last year, has come under further pressure during the COVID-19 pandemic. In this context, the Human Rights Council effectively remains the only forum where civil society can still engage in an open dialogue with the government and other States over human rights concerns in Sri Lanka.
However, given Sri Lanka’s announced withdrawal from its commitment to the implementation of Council resolution 30/1 and the increased risks of reprisals against civil society, even this space is under threat. In a joint statement, Franciscans International called on the Human Rights Council to take a more robust approach on Sri Lanka and asked the Special Rapporteur to continue to follow up on the situation in the country.
Item 3: Interactive Dialogue with the International Expert on international solidarity (9 July)
In a joint statement Franciscans International welcomed the report of the Independent Expert, which highlighted how much a human rights-based international solidarity is needed to face the challenge of climate change and acknowledges that its global effects will disproportionately affect the people who have least contributed to creating the crisis.
Considering the many shortcomings in the responses of governments identified in the report, we again called for the establishment of a Special Rapporteur on human rights and climate change, to serve as a focal point for the Council and for a regular dialogue with UN Member States.
Item 3: Interactive Dialogue with the Special Rapporteur on extreme poverty and human rights (6 July)
Since the outbreak of the Covid-19 pandemic, we have worked closely with our local partners to document people´s struggles against the virus and, even more so, against the severe impacts of many State actions and omissions in response to the crisis. This work is reflected in a written statement Franciscans International submitted to the Council under Item 3 (Promotion and protection of all human rights)
In this oral statement, our International Advocacy Director echoed the call by many prominent voices that we cannot go back to the old normal but need to build back better. Franciscans International also asked the new Special Rapporteur on extreme poverty to expand on his views on the key priorities and challenges that for national and global recovery efforts from a human rights perspective.
Item 3: Interactive Dialogue with the Special Rapporteur on the rights of migrants (6 July)
In Central America, migrants and their defenders – those that for example provide shelter, food, or medical and legal services – are facing an increasingly hostile environment. They routinely attacked and harassed by both government and non-State actors, while the militarization of borders is driving migrants to find alternative, and increasingly dangerous, routes.
Fray Armando González OFM from the JPIC Guatemala who, together with his community, works to supports migrants, addressed the Human Rights Council to share some of the many difficulties they experience and call for an end to policies that further deteriorate the already precarious situation faced by migrants or drive them toward using other, more dangerous, routes.
Item 2: Enhanced Interactive Dialogue on the report of the High Commissioner on the human rights situation in the Philippines (30 June)
Over 27,000 people have been killed by security forces and vigilantes in the Philippines since the government launched its so-called ‘war on drugs’ in 2016. The Franciscan family, wider Catholic church, and civil society has stood as vocal opponents against these violations, offering support to the victims and their families while calling for an end this government sanctioned violence.
Following Council resolution HRC/41/L.20, the High Commissioner for Human Rights presented a report on the human rights situation in the country, which details widespread human rights violations and concludes that the practical obstacles to accessing justice within the country are “almost insurmountable.” In light of these findings, Franciscans International renewed its call in two joint statements for the Council to establish a Commission of Inquiry.
This week, two children human rights defenders addressed the UN Human Rights Council on protecting their rights and the environment. Franciscans International joins a call to action by civil society at this critical moment.
At a time when the world is in a deep health crisis, and as children’s rights globally suffer severe setbacks due to the impacts of the COVID-19 pandemic, attention must not be diverted from the environmental emergency that is undermining children’s rights and future prospects around the world.
Each year more than 1.7 million children under the age of five lose their lives as a result of avoidable environmental degradation, while millions more suffer disease, disability, and an array of other forms of harm, some of which can result in lifelong effects. Children’s rights are under threat due to insufficient government measures to address the climate crisis, unprecedented levels of biodiversity loss, exploitation of natural resources, exposure to toxic substances and waste, and widespread pollution of the air, water and soil. Negative effects are disproportionately experienced by girls, children in poverty, indigenous children, children with disabilities and others in vulnerable situations, exposing them to intersecting risks and often violating the principle of non-discrimination.
In light of this, millions of children and youth across the world are calling for more urgent and ambitious action to tackle the root causes and impacts of the global environmental crisis.
Member States should ensure that children’s voices are not only heard, but acted upon, by placing children’s rights and best interests at the core of ambitious and concrete environmental actions and policies, including recognition of a human right to a safe, clean, healthy and sustainable environment. The time is ripe for action.
