International Instruments for the Protection of Environmental Defenders

The second panel on international instruments for the protection of Environmental Defenders was opened by Marianna Bolshakova (Regional Coordinator, Environmental Law and Governance, United Nations Environment Programme). She discussed various instruments within the UN system that are dedicated to or can be used for the protection of Environmental Defenders. Central to this were, among others, the UN Declaration on Human Rights Defenders (1998) and various decisions of the Human Rights Council. Bolshakova discussed the relationship between the various instruments and the bodies they establish, making it clear that the protection of Environmental Defenders is a current and central concern of the United Nations.

Michel Forst is the first Special Rapporteur for Environmental Defenders and was elected to this position by the Conference of the Parties to the Aarhus Convention in June 2022. In his presentation, he outlined the mandate of this newly established mechanism, which sits alongside existing mechanisms to provide swift redress when Environmental Defenders are persecuted, harassed or discriminated against for their activities. Forst explained that he understood his mandate to be broad and applicable to cases involving Environmental Defenders outside the territory of the Aarhus Convention, when they are affected or persecuted by activities of companies based within that territory. Through his presentation, Michel Forst provided exciting insights into a new instrument of international law and its development through international practice.

The panel was concluded by Pablo Peña Alegría (Pontificia Universidad Católica del Perú), who addressed developments in the Latin American and Caribbean region. For this area, the Escazú Convention was recently concluded. This international treaty is explicitly dedicated to the protection of Environmental Defenders, who are exposed to a high number of very drastic cases of persecution and violence in the region. After analysing the agreement, Peña Alegría noted, with special reference to the situation in Peru, that the Escazú Convention has led to some positive legal changes in the signatory States, and that there are also noticeable legal spillover effects on States that have not yet ratified the agreement. At the same time, however, according to the speaker, no significant changes have yet been observed with regard to the actual situation of Environmental Defenders in the Latin American and Caribbean region.