Virtual Engagement Session | Holding the Mandate: How UNSRs Advance Global Action on Human Rights and the Environment
Background
Human rights and the environment are fundamentally linked. The Vance Center’s Environment Program works at the intersection of these two spheres, focused on environmental justice and human rights.
For more than a decade, the Program has worked with the office of the UN Special Rapporteur (UNSR) on the human right to a clean, healthy and sustainable environment to help a series of UNSRs advance their mandate.
From 2012 to 2022, we coordinated a multi-year global survey to determine which UN member states recognize a human right to a healthy environment in their domestic laws. Our research eventually covered all 193 UN Member States, and contributed to the UNSR’s successful advocacy to formalize the UN’s recognition of the right to a clean, healthy and sustainable environment.
Since the UN General Assembly passed a resolution recognizing this right in July 2022, we have continued working with the mandate to uphold this right at national and international levels. We have also taken on other projects for the UNSR’s office focused on specific themes or issues, most recently related to human rights and ocean governance.
About the UNSR
UN Special Rapporteurs are independent experts that operate under the UN Human Rights Council with mandates to report and advise on human rights from a thematic or country-specific perspective. The position is unpaid and their tenure is limited to a maximum of six years.
The UNSR on the human right to a clean, healthy and sustainable environment, originally established as the Independent Expert on human rights and the environment in 2012, is responsible for: examining the human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; identifying and promoting best practices for environmental policymaking; identifying and addressing challenges in this area; conducing policy research and analysis; and conducting country visits to document and respond to human rights violations.
In this session, the current and previous UNSR on the human right to a clean, healthy and sustainable environment joined us to share stories and perspectives from their work. As governments across the globe are rolling back environmental safeguards and policies, they also provided insights and advice on how organizations like the Vance Center, our NGO clients, and individuals can keep pushing for progress through cross-sector collaboration.
Our Speakers
- Susan Kath, Associate Executive Director and Environment Program Director, Cyrus R. Vance Center for International Justice
- Sam Bookman, Senior Staff Attorney, Environment Program, Cyrus R. Vance Center for International Justice
- Astrid Puentes Riaño, United Nations Special Rapporteur on the Human Right to a Clean, Healthy and Sustainable Environment
- David Boyd, Associate Professor of Law, Policy, and Sustainability at the University of British Columbia and Former UN Special Rapporteur on Human Rights and the Environment
Key Takeaways
Many people think the Special Rapporteur’s work is centralized in major cities like New York and Geneva, but it’s truly global. The mandate’s research and initiatives draw on perspectives from Indigenous groups, students and other youth groups, activists, and civil society organizations worldwide. In addition to conducting country visits, they regularly meet with affected communities, environmental defenders, and others on the front lines of the fight for environmental justice.
UNSRs work to ensure their efforts toward international progress on environmental rights have an impact at the local level. This requires bridging gaps between local communities and international networks. They seek to open spaces for those who have historically been left out of international climate efforts, reduce imbalances, amplify the lived experiences of communities impacted by environmental harms, and advocate for their rights with national governments and the international community.
“I will never forget hosting a community meeting in Quintero Puchuncaví in Chile, which is globally notorious for being one of the world’s sacrifice zones. And just listening to people tell their stories of how pollution has affected their lives, their children, their community, and then taking that story and using our privilege […] to tell that story and amplify their voices with the national government, with the international community. And that situation in Quintero Puchuncaví, as terrible as it has been, is actually improving because of our collaborative efforts in concert with the community and the government of Chile.” – David Boyd
As governments weaken environmental protections or step back from climate commitments, legal partners like the Vance Center play a critical role. Legal support strengthens the UNSR’s ability to identify patterns of harm and systematic inequalities, assess relevant laws, contribute to emblematic environmental rights cases, and push for reforms that protect both human rights and the environment. Astrid emphasized that “the role of the Vance Center and law offices everywhere is absolutely key because instead of continuing to help clients to do little harm or less harm, we need to advance real accountability.”
She pointed to a recent decision in a case in which a Peruvian farmer sued one of Europe’s largest energy companies in a German court as an example of progress through setting legal precedents. Even though the court did not rule in favor of the farmer, its decision established a legal precedent for finding companies liable for environmental damages.
Engagement is essential, and no action is too small. The climate crisis feels frightening and overwhelming to many people, but it is vital not to let fear take over. As Astrid reminded us, “We do not have the luxury to fall into despair and fear.”
Collaboration across sectors and nations offers great potential for progress. Both Astrid and David highlighted how cross-sector collaboration offers opportunities for a wide range of actors, including businesses, to be part of climate solutions. David recalled the critical role the private sector played in pushing for recognition of the right to a clean, healthy and sustainable environment. In addition to the vast coalition of NGOs, civil society, youth activists, and Indigenous peoples pushing for this recognition, a group of about 50 businesses took a public stance in favor of recognizing the right. He emphasized that this private-sector support made a major difference in securing international recognition of the right.
“I really believe in strength in numbers, and I think we really have to work to form broad coalitions, broad networks, and bring people from different sectors of society together so that we can’t be divided and conquered.” – David Boyd
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About Our Work
The Vance Center’s Environment Program advances environmental rights and advocates for climate justice across the globe. Our work supports the rights of Indigenous Peoples, local communities, and independent human rights experts in Latin America, sub-Saharan Africa, Southeast Asia, and beyond.
We coordinate large multi-jurisdictional comparative law projects with global civil society and UN Special Rapporteurs, take on strategic litigation before international tribunals, and prioritize work with small local and grassroots organizations.
To stay up to date on these efforts, subscribe to our monthly newsletter or our quarterly pro bono roundup.
More about our Environment Program
Supporting the Vance Center helps us support the UNSRs, who have limited resources to carry out their essential mandate. Your support also ensures we can more civil society clients in need of our pro bono legal services to aid their fight for climate justice and environmental rights protections.