Statement of Support for the Adoption of Provisions of the ASEAN People’s Declaration on Environmental Rights

We, the undersigned civil society organizations and individuals, support the adoption of provisions in the ASEAN People’s Declaration on Environmental Rights. 

While the ASEAN declaration on the right to a safe, clean, [healthy], and sustainable environment is in the next stage of deliberation by the ASEAN Intergovernmental Commission Human Rights (AICHR), we strongly assert that the final regional instrument should embody principles and enshrine provisions that truly address the present environmental and human rights challenges in the ASEAN, and that uphold necessary protection and support for vulnerable groups, such as environmental human rights defenders (EHRDs) and indigenous peoples.

The ASEAN People’s Declaration on Environmental Rights is intended to fulfill these needs and serve as a benchmark for AICHR and ASEAN Member States (AMS). The development of the People’s Declaration aims to both ensure the inclusion of critical elements in the ASEAN document and to facilitate inclusive and meaningful participation of civil society stakeholders from all ASEAN countries, especially from marginalized and vulnerable groups. Its initial draft was based on civil society consultations and formal submissions made by concerned groups to the ASEAN Environmental Rights Working Group. The draft will be submitted to the ASEAN Intergovernmental Commission on Human Rights (AICHR) for consideration. 

We call upon the AICHR and AMS to seriously consider the People’s Declaration and its key elements. A genuine ASEAN instrument for environmental rights must:

1. Protect and recognize EHRDs and indigenous peoples: Recognize and ensure that these common and internationally used terms are in the text. AMS urgently needs to protect these groups who defend and promote environmental rights from threats, attacks, intimidation, criminalization, and/or lawsuits against them;

2. Enforce environmental rights both from procedural and substantive aspects: Incorporate safeguards on the issues of clean air and transboundary haze, pollution control and a non-toxic environment, climate change mitigation, adaptation, and resilience, healthy ecosystems and biodiversity, land degradation, desertification, and drought, water, oceans and marine environment, coastal zones;

3. Promote Environmental Impact Assessment (EIA): Promote EIAs as a robust framework and legal document that is transparent, accessible, and understandable for everyone.

4. Recognize and commit to protecting vulnerable groups: AMS should recognize and commit to strengthening the link between environmental rights, human rights, and protection for vulnerable and marginalized groups including but not limited to women, children, the elderly, indigenous peoples, local communities, persons with disabilities, gender and sexually diverse communities, etc. 

5. Emphasize the incorporation of a human rights approach in the implementation of environmental rights: Emphasize a human rights approach as an integrated aspect in an effort to achieve comprehensive implementation of environmental rights.

We also call on AICHR to enhance transparency and accountability in the process of developing the ASEAN declaration on environmental rights by making the drafts of the declaration publicly available and allowing for meaningful public engagement. ASEAN should also engage with a broad range of stakeholders, including civil society organizations, inclusively through further consultations. 

We forward these recommendations with the utmost interest in advancing environmental rights which are integral in the achievement of the broader range of human rights of people in the ASEAN. Only by coming together for environmental rights at this critical juncture in the climate crisis will we be able to achieve a safe, clean, healthy and sustainable environment in Southeast Asia.

Signed by:

Updated as of November 11, 2024: 13 organizations, 18 individuals

Organizations

1. Asia Pacific Network of Environmental Defenders

2. Asian Research Institute for Environmental Law

3. ASEAN Youth Forum

4. Indonesian Center for Environmental Law

5. Save Rivers

6. Youths United For Earth (Malaysia)

7. Sarawak Dayak Iban Association 

8. Inisiasi Masyarakat Adat (IMA)

9. Center for Sustainable Community Development (Vietnam)

10. Global Witness 

11. Hiduplah Hati Indonesia

12. Business & Human Rights Resource Centre

13. Himalaya Innovate
    

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Access the draft of the ASEAN People’s Declaration here:

https://tinyurl.com/ASEANPeoplesDeclaration-ER