ENVIRONMENTAL

DEGRADATION
&
HUMAN RIGHTS
 Human Rights and the Environment

Human rights and the environment are intrinsically intertwined: a safe, clean,
healthy and sustainable environment is essential in the enjoyment of our human
rights; whilst polluted, hazardous and otherwise unhealthy environments
potentially violate our human rights.
Environmental rights means any proclamation of a human right to environmental
conditions of a specified quality. This means that they are not abstract, remote,
irrelevant concepts; they are measurable, prominent and functional aspects of
society and its ecology. More than 100 countries incorporate constitutional
rights to a healthy environment. When environmental rights are violated, people
and the planet suffer from reduced health and well-being.
On 28 July 2022, the United Nations General Assembly (UNGA) adopted a
resolution declaring that everyone on the planet has a right to a healthy
environment. This landmark decision is the result of decades of mobilization of
various stakeholders. The resolution, based on a similar text adopted in October
2021 by the Human Rights Council, calls upon States, international organizations,
and business enterprises to scale up efforts to ensure a healthy environment for
all.
All human beings depend on the environment in which we live. A safe, clean,
healthy and sustainable environment is integral to the full enjoyment of a wide
range of human rights, including the rights to life, health, food, water and
sanitation. Without a healthy environment, we are unable to fulfill our aspirations
or even live at a level commensurate with minimum standards of human dignity.
At the same time, protecting human rights helps to protect the environment.
When people are able to learn about, and participate in, the decisions that affect
them, they can help to ensure that those decisions respect their need for a
sustainable environment.
LATEST NEWS

Environmental Rule of Law: Tracking Progress and Charting Future Directions

The report highlights the most prevalent aspects of environmental rule of law
across countries and tracks progress in addressing the triple planetary crisis.
Link between humans and the environment must be preserved

“Sometimes we don’t recognize things that are important and valued until we
lose them or they are in danger. In a way this explains what is happening now
with the recognition of the importance and the link that humans have with the
environment.”
Information submitted by the Office of the United Nations High Commissioner
for Human Rights and the International Labour Organization

The Office of the United Nations High Commissioner for Human Rights (OHCHR)
and the International Labour Organization (ILO) have submitted key Messages
on a just transition and human rights that could be of relevance to the
intergovernmental negotiating committee.
Climate Change and Migration: Building a coalition to protect our collective
future

A web comic sharing the story of Suluafi Brianna Fruean on climate chnage,
migration, and collective action in the face of climate change.
Protect the ‘right to science’ for people and the planet

As the UN high commissioner for human rights, I believe that science and human
rights must direct humanity’s actions. As the world marks 75 years of the
Universal Declaration of Human Rights, we must all remember that human rights
exist to empower people, protect their lives and dignity, and curb humanity’s
worst impulses.
 The Role of International Geneva

Geneva is the main international hub on human rights issues and the majority of
international universal human rights organs are based here.
United Nations Human Rights Council

The United Nations Human Rights Council is an inter-governmental body within

the United Nations system made up of 47 States responsible for the promotion
and protection of all human rights around the globe. It has the ability to discuss
all thematic human rights issues and situations that require its attention
throughout the year. The UN Human Rights Council meets at the UN Office at
Geneva.
Office of the High Commissioner for Human Rights

The Office of the High Commissioner for Human Rights (OHCHR) is the leading
UN entity on human rights and represent the world’s commitment to the
promotion and protection of the full range of human rights and freedoms set out
in the Universal Declaration of Human Rights. OHCHR is home for secretariats of
international human rights treaty bodies and the UN Human Rights Council.
Volker Türk is the High Commissioner for Human Rights, often known as the UN
human rights chief.
Treaty Bodies

The human rights treaty bodies are committees of independent experts that
monitor implementation of the core international human rights treaties. Each
State party to a treaty has an obligation to take steps to ensure that everyone in
the State can enjoy the rights set out in the treaty.
Currently, there 10 treaty bodies that are established by nine human rights
international treaties and one optional protocol . The treaty bodies are composed
of independent experts of recognized competence in human rights, who are
nominated and elected for fixed renewable terms of four years by State parties.
Recently, UN human rights experts also welcomed the impending entry into force
of the first environmental human rights treaty in Latin America and the Caribbean,
 known as the Escazú Agreement, lauding it as a ground-breaking pact to fight
pollution and secure a healthy environment. The Escazú Agreement also
includes strong protections for Indigenous Peoples and environmental human
rights defenders, at a time when they are subject to unprecedented levels of
violence.
Universal Periodic Review

The Universal Periodic Review (UPR) is a unique process which involves a review
of the human rights records of all UN Member States. The UPR is a State-driven
process, under the auspices of the Human Rights Council, which provides the
opportunity for each State to declare what actions they have taken to improve
the human rights situations in their countries and to fulfill their human rights
obligations.
Aarhus Convention

The Aarhus Convention on access to information, public participation and

access to justice in environmental matters, hosted by UNECE, is also devoting a
part of its work on the protection of environmental defenders. The Escazú
convention in Latin America is working in the same direction.
 Special Rapporteurs

There are other types of bodies on human rights such as the Special Procedures
who are independent human rights experts with mandates to report and advise
on human rights from a thematic or country-specific perspective.
Special procedure mandate-holders are non-paid and elected for 3-year
mandates that can be renewed for another term. They help advance human
rights, focusing on different themes, some of which are related to the
environment.

Special Rapporteur on human rights and the environment

David R. Boyd is the current Special Rapporteur on human rights and the
environment with the following mandate:

● Continue to study the human rights obligations relating to the enjoyment

of a safe, clean, healthy and sustainable environment.
● Continue to identify, promote and exchange views on good practices
relating to human rights obligations and commitments to inform, support
and strengthen environmental policy making, especially in the area of
environmental protection
● Promote and report on the realization of human rights obligations relating
to the enjoyment of a safe, clean, healthy and sustainable environment,
and to disseminate his findings by, inter alia, continuing to give particular
emphasis to practical solutions with regard to their implementation
● Work on identifying challenges and obstacles to the full realization of
human rights obligations relating to the enjoyment of a safe, clean, healthy
and sustainable environment and protection gaps thereto, including in the
context of sustainable development
● Continue to contribute to and participate in conferences and meetings
relevant to the mandate, including at the United Nations Environment
Assembly
● Develop a dialogue with all relevant stakeholders to enhance public
awareness of the human rights obligations relating to the enjoyment of a
environment
● Conduct country visits and to respond promptly to invitations from States

Special Rapporteur on the implications for human rights of the

environmentally sound management and disposal of hazardous
substances and wastes

Marcos A. Orellana is the current Special Rapporteur on hazardous

substances and wastes (i.e. toxics). The Special Rapporteur is an
independent expert appointed by the Human Rights Council and
undertakes the following main tasks:

● Conduct research and analysis to be presented in separate thematic

reports to the Human Rights Council and the General Assembly;
● Undertake country visits and reporting on the situation in those countries
in relation to the concerns of the mandate;
● Send letters to governments, business enterprises and other relevant
entities regarding the actual or potential exposure of people to hazardous
substances and wastes, and other related implications, such as those
related to the lack of information, participation and access to remedies.

Special Rapporteur on the promotion and protection of human

rights in the context of climate change

Ian Fry is the first Special Rapporteur on the promotion and protection of
human rights in the context of climate change with the following mandate:
● Study and identify how the adverse effects of climate change, affect the
full and effective enjoyment of human rights
● Identify existing challenges, including financial challenges, of States’
efforts
● Synthesize knowledge, including indigenous and local traditional
knowledge, and identify good practices, strategies and policies
● Promote and exchange views on lessons learned and best practices
● Raise awareness on the human rights affected by climate change,
especially of persons living in developing countries particularly vulnerable
● Facilitate and contribute to the exchange of technical assistance,
capacity-building and international cooperation in support of national
efforts
● Integrate a gender-responsive, age-sensitive, disability inclusive and
social-inclusion perspective
● Work closely with States and relevant stakeholders, including business
enterprises to adopt a human rights perspective

At the 48th session of the Human Rights Council in October 2021, the
Human Rights Council adopted a resolution establishing the mandate of a
Special Rapporteur on the promotion and protection of human rights in the
context of climate change (resolution 48/14). Thanks to the efforts of the
core group behind resolution 47/24, the possibility of creating a new
special procedure addressing the adverse impact of climate change was
placed on the agenda of the Council, and was adopted with 42 votes in
favor, 1 against and 4 abstentions.

At the 49th session of the Human Rights Council in March 2022, Ian Fry
was appointed. Following his consultation in Geneva with different civil
society organizations and States, the Special Rapporteur has identified six
thematic priorities that he will focus on during his mandate in his report at
the 50th session of the Human Rights Council on 23 June 2022.

Special Rapporteur on the human rights to safe drinking water

and sanitation
 Pedro Arrojo-Agudo is the Special Rapporteur on the human rights to safe
drinking water and sanitation with the following mandate:

● Focus on the issue of human rights obligations related to access to safe

drinking water and sanitation;
● Carry out thematic research
● Undertake country missions
● Collect good practices
● Work with development practitioners on the implementation of the rights
to water and sanitation
On 28 July 2010, through Resolution 64/292, the United Nations General
Assembly explicitly recognized the human rights to water and sanitation and
acknowledged that clean drinking water and sanitation are essential to the
realization of all human rights. The Resolution calls upon States and
international organisations to provide financial resources, help capacity-building
and technology transfer to help countries, in particular developing countries, to
provide safe, clean, accessible and affordable drinking water and sanitation for
all.
Special Rapporteur on the situation of human rights defenders
Mary Lawlor is the current Special Rapporteur on the situation of human rights
defenders with the following mandate:

● Promote the effective implementation of the UN Declaration on Human

Rights Defenders in cooperation and dialogue with Governments and other
actors
● Study developments and challenges on the right to promote and protect
human rights and seek, receive and respond to information on the
situation of human rights defenders
● Recommend effective strategies to better protect human rights defenders
● Integrate a gender perspective and pay particular attention to women
human rights defenders
In 2019, a resolution was adopted by consensus at the Human Right Council
about the protection of the people who are acting for the environment. It has
been followed by a roadmap to see how, at the international level, researchers,
academics, states and civil society can join forces in order to make sure that the
growing trends of attack against people who are defending the environment
including official governmental civil servants, rangers and people from the civil
society.

Special Rapporteur on the rights of indigenous peoples

In 2001, the Commission on Human Rights decided to appoint a Special
Rapporteur on the rights of indigenous peoples, as part of the system of
thematic Special Procedures. The Special Rapporteur’s mandate was renewed
by the Commission on Human Rights in 2004, and by the Human Rights Council
in 2007. It was most recently renewed in 2019 in resolution 42/20. Francisco Cali
Tzay was appointed Special Rapporteur on the rights of indigenous peoples in
March 2020 and took up the role on 1 May 2020.
The mandate of the Special Rapporteur on the rights of indigenous peoples was
created to:

● Promote good practices, including new laws, government programs, and

constructive agreements between indigenous peoples and states, to
implement international standards concerning the rights of indigenous
peoples;
● Make recommendations and proposals on appropriate measures to
prevent and remedy violations of the rights of indigenous peoples;
● Report on the human rights situations of indigenous peoples around the
world;
● Address specific cases of alleged violations of indigenous peoples’ rights.
 Right to a Clean, Healthy, and Sustainable
Environment

Right to a Healthy Environment

The adoption by the General Assembly (GA), the principal policy-making body of
the UN, of the resolution recognizing the human right to a clean, healthy, and
sustainable environment marked a landmark moment which has sent a powerful
message that there is widespread, worldwide support for this right – which is
already recognized in 156 countries at the national and regional levels.
The resolution on the right to a healthy environment was the result of States’
commitment on environmental issues, many years of advocacy and
collaboration by national human rights institutions, civil society organizations,
Indigenous Peoples, children and young people, and business actors, among
others, and supported by UN entities. Putting rights at the centre of addressing
the triple planetary crisis – climate change, biodiversity and nature loss, and
pollution – is more important now than ever and an imperative for achieving the
Sustainable Development Goals (SDGs).

Elements of the Right to a Healthy Environment

While there is not a universally agreed definition of the right to a healthy
environment, the right is generally understood to include substantive and
procedural elements. The substantive elements include:

● clean air;
● a safe and stable climate;
● access to safe water and adequate sanitation;
● healthy and sustainably produced food;
● non-toxic environments in which to live, work, study and play; and
● healthy biodiversity and ecosystems.
The procedural elements include:

● access to information,
● the right to participate in decision-making,
● and access to justice and effective remedies, including the secure exercise
of these rights free from reprisals and retaliation.
Realizing the right to a healthy environment16 also requires international
cooperation, solidarity and equity in environmental action, including resource
mobilization, as well as recognition of extraterritorial jurisdiction over human
rights harms caused by environmental degradation.
A Historic Resolution at the Human Rights Council
An appeal to the Human Rights Council to recognize without delay the right of all
to a safe, clean, healthy and sustainable environment was shared with all
member states ahead of HRC45. This appeal, entitled “The Time Is Now“, has
been signed by more than 1,150 organizations from civil society, social,
environmental, youth, gender equality and human rights movements, trade
unions, Indigenous Peoples, and local communities, from more than 100
countries. The call was conveyed at HRC46 in a joint NGO statement.
On 9 March 2021, over 60 nations urged the HRC to recognize the right to a
healthy environment, moving a step closer towards adding a new universal
human right that also benefits the planet to the list. Simultaneously, the UN
Environment Programme delivered a joint statement on behalf of 15 UN entities
calling for global recognition, implementation, and protection of the human right
to a safe, clean, healthy and sustainable environment.
At the 48th session of the Human Rights Council, in October 2021, States
recognized, for the first time, that having a clean, healthy and sustainable
environment is a human right. Resolution A/HRC/48/13 forwarded by the core
group on Human Rights and the Environment – Costa Rica, Maldives, Morocco,
Slovenia and Switzerland – was adopted with 43 votes in favor and 4
abstentions.
UN special rapporteur on human rights and environment David Boyd has called
the HRC’s recognition of the human right to a healthy environment a historic
breakthrough that has the potential to improve the life of everyone on the planet.
 Pollution and Hazardous Wastes
Though integral to almost all sectors of society, the lack of environmentally
sound management of chemicals and waste can have long-lasting negative
impacts on human health, society, and on the environment. Such negative
impacts violate our human right to live in a clean, healthy, and sustainable
environment. Stakeholders, particularly States and businesses, must ensure that
this right is upheld when conducting activities and operations on the ground.
Right to a Non-Toxic Environment
At the 49th session of the Human Rights Council, the Special Rapporteur on
human rights and the environment and the Special Rapporteur on toxics and
human rights presented a joint report on “The right to a clean, healthy and
sustainable environment: non-toxic environment“.
The report describes the ongoing toxification of people and the planet, which is
creating “sacrifice zones”: extremely contaminated areas where groups in
vulnerable and marginalized situations bear a disproportionate burden of the
health, human rights and environmental consequences of exposure to pollution
and hazardous substances. The Special Rapporteur on human rights and the
environment presented these findings, highlighting State obligations, business
responsibilities and good practices related to ensuring a non-toxic environment
by preventing pollution, eliminating the use of toxic substances and
rehabilitating contaminated sites
Toxic Free Talks

The Special Rapporteur on toxics and human rights reports every Fall to the
Council and to the UN General Assembly on issues related to his mandate. The
Geneva Toxic Free Talks aim to harness the opportunity of this moment of the
year to reflect on the challenges posed by the production, use and dissemination
of toxics and on how Geneva contributes to bringing together the actors working
in reversing the toxic tide.
Plastics and Human Rights

Plastic pollution is not only a threat to our environment, it is also a threat to

people, as every stage of the plastic lifecycle impact human rights. These
impacts include toxic pollution released in manufacturing, exposure to toxic
additives in plastic consumer products, waste mismanagement, and
disinformation campaign about the risks of and solutions to plastic pollution,
and more. Human rights principles are thus critical to support legitimate and
effective responses.
Air Pollution and Human Rights

According to the World Health Organization (WHO), air pollution kills an

estimated seven million people worldwide each year and that 9 out of 10 people
breathe air containing high levels of pollutants. In addition, air pollution
disproportionately affects women, children and older persons.

Poor air quality has implications for a wide range of human rights, including the
rights to life, health, water, food, housing and an adequate standard of living. Air
pollution also clearly violates the right to a healthy and sustainable environment.
Air pollution is a preventable problem. The solutions − laws, standards, policies,
programmes, investments and technologies − are known. Implementing these
solutions will of course entail large investments, but the benefits of fulfilling the
right to breathe clean air for all of humanity are incalculable.
Right to Science in the Context of Toxic Substances
Science provides the international community with knowledge about the risks
and harms posed by hazardous substances on human health and environment,
and thus enables the elaboration of evidence-based policies to address them.
Science-based policies also protect the range of human rights that are
compromised when individuals and communities are exposed to hazardous
substances and waste.
The UN Special Rapporteur on toxics and human rights, in his annual report to
the Human Rights Council at its 48th session, focused on the human right to
science with regard to the risks and harms associated with the life cycle of
hazardous substances and wastes, examining the dynamics and
interconnections between scientific progress, the diffusion of scientific
information and the science-policy interface.
The right to science, as recognized in the Universal Declaration of Human Rights,
implies the availability and accessibility of accurate scientific information to the
general public and specific stakeholders. In the context of toxic substances, the
right to science provides humanity with the tools to confront the severe
toxification of the planet and its people. It requires that governments correct
scientific disinformation. It implies an enabling environment where scientific
freedoms may be realized and where governments foster needed scientific
research on toxic substances that endanger human health and the environment.

Climate Change
Climate change is an existential threat for people and the planet. Its harmful
effects undermine the full enjoyment and realization of all human rights,
disproportionately affecting those who are already in vulnerable situations. Over
the past years, the Human Rights Council took on resolutions and discussions on
specific aspects of climate change, while Special Rapporteurs contributed with
reports on specific thematic angles within their mandates.

Climate Change in Various Human Rights

Instruments in Geneva
Human Rights Council
The Human Rights Council has contributed to raising awareness of the links
between human rights and climate change by successive and targeted
clarifications of the ways climate change affects human rights, including through
the adoption of a series of resolutions related to climate change and human
rights, including the establishment of the mandate of a Special Rapporteur on
the promotion and protection of human rights in the context of climate change
through the adoption of resolution 48/14 (2021).

History of the Mandate of the UN Special Rapporteur

In 2010, an alliance of civil society organizations has called upon the HRC to
establish a mandate for a new UN Special Rapporteur on Human Rights and
Climate Change in order to better protect the rights of those on the frontlines of
climate impacts. This call was reiterated by the Climate Vulnerable Forum – an
alliance of States highly impacted by climate change – at the 2019 Conference
of Parties (COP) under the United Nations Framework Convention on Climate
Change (UNFCCC), and in many other contexts by various groups of States and
civil society organizations.
In 2020, the Center for International Environmental Law (CIEL) and Franciscans
International (FI), in cooperation with the Friedrich-Ebert-Stiftung (FES) Geneva
Office, launched a series of activities to assess how a new UN Special
Rapporteur mandated on climate change could effectively support the work of
civil society and Indigenous Peoples organizations already working on these
issues. Based on regional consultations around the world, they published a
report highlighting key recommendations for the institutions of the mandate.
The call for a mandate on human rights and climate change was reiterated at
HRC46 by a coalition of 55 states in a joint statement. The Geneva Interfaith
Forum on Climate Change, Environment, and Human Rights – a group of
faith-based organizations that gather to reaffirm the responsibility of each faith
and spiritual tradition to care for the environment – also presented a statement
in support of the mandate.
Thanks to the tireless efforts of the core group behind resolution 47/24, the
possibility of creating a new special procedure addressing the adverse impact of
climate change was placed on the agenda of the 48th session of the Human
Rights Council, and was adopted with 42 votes in favor, 1 against and 4
abstentions. At the 49th session of the Council, the Council has appointed Ian
Fry (Tuvalu) as the first mandate holder for this newly established procedure for
a period of three years.

Committee on the Rights of Child

The Committee on the Rights of the Child — a body of 18 independent experts
that monitors the implementation of the Convention on the Rights of the Child by
its State parties — published General comment No. 26 (2023) on children’s rights
and the environment with a special focus on climate change, which is part of a
series of recommendations by the Commuttee on any issue relating to children
to which it believes the State parties should devote more attention.
The General comment emphasizes the urgent need to address the adverse
effects of environmental degradation, with a special focus on climate change, on
the enjoyment of children’s rights, and clarifies the obligations of States to
address environmental harm and climate change. The Committee also explains
how children’s rights under the Convention on the Rights of the Child apply to
environmental protection, and confirms that children have a right to a clean,
healthy and sustainable environment.

Biodiversity
The Human Rights Council’s recognition of the right to clean, healthy and
sustainable environment is crucial to tackling the unprecedented biodiversity
crisis that is threatening human well-being, human rights and the future of life on
Earth, even three decades after the adoption of the Convention on Biological
Diversity (CBD). It recognizes that the protection of the environment is equally
important for the enjoyment of human rights, and that our action to protect
biodiversity and ecosystems is critical. As biodiversity loss is caused by human
activity, it has enormous implications for human rights and human well-being.

Post-2020 Global Biodiversity Framework

The 15th session of the Conference of the Parties to the CBD (COP 15) are
underway, Parties are committed to negotiate a new global biodiversity
framework that can become the blueprint for life on Earth. The draft post-2020
Global Biodiversity Framework (GBF) highlights the need for transformative
change for people and nature supported by a rights-based approach to
biodiversity action. To survive and thrive on our planet, commitments to protect
human rights in light of biodiversity protection need to be meaningfully reflected
throughout the framework.
The OHCHR and UNEP have published a joint Key Messages on human rights
and biodiversity that provide an outline on how this is possible, where
participation, non-discrimination, and equality are critical.
Moreover, in parallel to the 49th session of the Human Rights Council and the
Geneva meetings of the Convention on Biological Diversity (CBD), various events
have addressed biodiversity in human rights. Stakeholders are encouraging
member stated to apply a human-rights based approach in the Post-2020 Global
Biodiversity Framework.
The key messages convened:

● A human rights-based approach means, in simple terms, that biodiversity

policies, governance and management do not violate human rights.
● Indigenous Peoples and local communities’ ways of life and territories are
part of the solution.
● The rights of women and girls to participate are enshrined in the
Convention.
● The rights of younger and future generations are intergenerational and
sacred. Transformative education and full engagement of children and
youth are essential.
● Review, reporting, and monitoring constitute critical elements of this
framework.
● The need for an additional inter-sessional meeting dedicated to the
monitoring framework should be called.
The third brief of the CBD Human Rights in Biodiversity Working Group –
Implementing a human rights-based approach to biodiversity conservation: What
is urgently needed to effectively adopt a human rights-based approach across
the implementation, monitoring and reporting of the post-2020 global
biodiversity framework – was launched mid-March and presented at a CBD side
event, Applying a Human Rights-based Approach in the Post-2020 Global
Biodiversity Framework, 0n 19 March.
A second side event, Integrating Human Rights in the Future of Biodiversity
Action, built upon the recent recognition of the right to a clean, healthy and
sustainable environment as a human right by Human Rights Council resolution
48/13, shared ideas for a post-2020 GBF that promotes rights-based action to
protect biodiversity. The event took place on 22 March.

Environmental Human Rights Defenders

Environmental human rights defenders are those who strive to protect and
promote human rights relating to the environment. However, evidence suggests
that they remain highly vulnerable and under attack across the globe. As the field
of human rights obligations related to a clean, safe, healthy and sustainable
environment expands, the need to protect those who protect our environmental
rights also becomes more urgent.
According to the United Nations, environmental human rights defenders (EHRDs)
are “individuals and groups who, in their personal or professional capacity and in
a peaceful manner, strive to protect and promote human rights relating to the
environment, including water, air, land, flora and fauna.”

Environmental defenders, many of whom are part of or represent Indigenous

Peoples, remain highly vulnerable and under attack across the globe. Evidence
suggests that as the climate crisis intensifies, violence against EHRDs also
increases, whether through assaults, murders, intimidation, harassment,
stigmatization, and criminalization.
As the field of human rights obligations related to a clean, safe, healthy and
sustainable environment expands, the need to protect those who protect our
environmental rights also becomes more urgent.
Human rights and the environment are intrinsically intertwined: a clean, healthy
and sustainable environment is essential in the enjoyment of our human rights.
Governments must protect and promote and businesses must respect
environmental rights if we wish to tackle environmental challenges, such as the
triple planetary crisis.
Environmental rights are not abstract, remote, irrelevant concepts; they are
measurable, prominent and functional aspects of society and its ecology. More
than 100 countries incorporate constitutional rights to a healthy environment, yet
communities and environmental defenders continue to face the worst
consequences. When environmental rights are violated, people and the planet
suffer from reduced health and well-being.

LATEST NEWS

● UAE: UN expert denounces new charges brought against jailed human

rights defenders during COP28 | OHCHR | 14 December 2023

● The United Arab Emirates had opened fresh trials against human rights
defenders, who were already due to be released, while it was hosting
COP28, a UN expert said today.

● Celebrating the UN Declaration on Human Rights Defenders | Michel Forst |

9 December 2023

● As we celebrate the 25th anniversary of the UN Declaration on Human

Rights Defenders this year, there is a myriad of questions to reflect on,
along the lines: have things improved for defenders? Are they safer than
they were 25 years ago? Have we done enough to ensure that they can
safely exercise their right to defend human rights?

● Celebrating 25 years of the UN Declaration on human rights defenders |

ISHR | 9 December 2023
● 25 years ago, the United Nations adopted the Declaration on Human
Rights Defenders. The declaration has been essential to protect those who
defend human rights. It’s time to celebrate the Declaration, human rights
defenders and all the contributions they have brought to our societies.

● How criminalization is being used to silence climate activists across the

world | The Guardian | 12 October 2023

● A Guardian investigation finds growing number of countries passing

anti-protest laws as part of playbook of tactics to intimidate people
peacefully raising the alarm.

● Almost 2,000 land and environmental defenders killed between 2012 and
2022 for protecting the planet | Global Witness | 13 September 2023

● At least 177 land and environmental defenders around the world were
killed last year, taking the total number of defenders killed between 2012
and 2022 to 1,910, according to the new report.

● The 1st ASEAN Environmental Rights Working Group Meeting | ASEAN | 22

August 2023

● The ASEAN Environmental Rights Working Group (AER WG) convened the
1st Meeting on 21-22 August 2023 in Bangkok, Thailand. The Meeting
discussed and agreed on the timeline and goals of the working group with
a focus on developing a comprehensive framework in line with the
international norms and standards on the rights to a safe, clean, healthy
and sustainable environment.
 Business and Human Rights

Human rights and the environment are intrinsically intertwined due to the
environmental nature of some human rights, which have been
progressively more recognized and protected. If we are to tackle
environmental challenges without leaving anyone behind, businesses must
respect both the environment and environmental rights, and ensure they
are not violated in their conduct of business operations and beyond..

As Geneva is the main international hub on human rights issues, where

majority of international universal human rights organs are based, this
update provides a brief overview on the connections among business,
environment and human rights, and the role International Geneva plays in
strengthening such links.

UN Guiding Principles on Business and Human Rights

Developed by the former Special Representative of the Secretary-General

on human rights and transnational corporations and other business
enterprises, John Ruggie, the Guiding Principles (or UNGPs) were
recognized by the Human Rights Council during its 17th session in 2011
(A/HRC/RES/17/4).

The Guiding Principles outline steps for States to ensure and foster
business respect for human rights; provide a blueprint for companies to
respect human rights; and offer a set of benchmarks for stakeholders to
assess business respect for human rights. It comprises of 31 principles,
which build upon the “Protect, Respect and Remedy” framework. The
protection of human rights rests upon:

● the state duty to protect against human rights abuses by third parties,
including businesses;
● the corporate responsibility to respect human rights; and
● greater access by victims to effective remedy, both judicial and
non-judicial.

These principles rest on three core elements:

● A policy commitment to respect human rights, approved by senior

management, which covers all business operations.
● A human rights due diligence process to identify, prevent, mitigate and
account for how business address their adverse human rights impacts.
● Processes to enable the remediation of any adverse human rights impacts
they cause or to which they contribute

While the Guiding Principles do not directly refer to the environment, they
nonetheless imply its protection due to the environmental nature of certain
human rights. A list of such environmental rights have been noted by the
UN Environment Programme (UNEP). These can be used as backdrop
against which actors and stakeholders can assess the human rights
impacts of businesses.

ILO Declaration on Fundamental Principles and Rights at Work

The Fundamental Principles and Rights at Work bind all ILO Member
States to respect and promote these principles and rights, whether or not
they have ratified the relevant Conventions. Adopted in 1998 and amended
in 2022, these include the rights to:

● freedom of association and the effective recognition of the right to

collective bargaining;
● the elimination of all forms of forced or compulsory labor;
● the effective abolition of child labor;
● the elimination of discrimination in respect of employment and
occupation; and
● the right to a safe and healthy working environment.
The fifth principle, which has already been highlighted in the Tripartite
Declaration of Principles concerning Multinational Enterprises and Social
Policy (MNE Declaration), the only ILO instrument that provides direct
guidance to enterprises on social policy and inclusive, responsible and
sustainable workplace practices, was included in an amendment of the
Principles at the 110th International Labour Conference in 2022. This
addition is expected to enter into force in December 2024.

Unions are now campaigning to increase the number of countries ratifying

and implementing all ILO health and safety conventions, giving workers
the right to consultation over risk assessments, eradication of toxic
chemicals and toxic work organization, as well as free protective
equipment and training and the right to refuse dangerous work.
 Human Rights Day - 75 years of the
Universal Declaration of Human Rights

Every year on 10 December, the world celebrates Human Rights Day, the
day when, in 1948, the United Nations General Assembly adopted the
Universal Declaration of Human Rights. Decades since this landmark
occasion, human rights have become more recognized and more
guaranteed across the globe. The UDHR has since served as the
foundation for an expanding system of human rights protection that today
focuses also on groups in vulnerable situations such as persons with
disabilities, Indigenous Peoples and migrants.

However, the promise of the UDHR, of dignity and equality in rights, has
been under a sustained assault in recent years. As the world faces
challenges new and ongoing – pandemics, conflicts, exploding
inequalities, morally bankrupt global financial system, racism, climate
change – the values, and rights enshrined in the UDHR provide guideposts
for our collective actions that do not leave anyone behind.

In the face of environmental degradation, including the triple crisis of

climate change, pollution and biodiversity loss, equality for all also means
advancing the right to a healthy environment and climate justice. These
impacts disproportionately impacts persons, groups and peoples in
vulnerable situations, and exacerbate existing inequalities that negatively
affect the human rights of present and future generations. As follow-up to
the United Nations Human Rights Council’s recognition of the human right
to a clean, healthy and sustainable environment, International Geneva is
taking urgent action to respect, protect and fulfill this right. Such action
should be the cornerstone of a new human rights-based economy that will
produce a green recovery from COVID-19 and a just transition.
Human Rights 75 Initiative

The 75th anniversary of the Universal Declaration of Human Rights will be

celebrated on 10 December 2023. Ahead of this milestone, starting on
Human Rights Day on 10 December 2022, the UN Human Rights Office has
launched a year-long campaign UDHR 75 to showcase its legacy,
relevance and activism. The Human Rights 75 initiative seeks to shift the
needle of understanding and action towards greater knowledge of the
universality of the UDHR and the activism associated with it.

Human Rights 75 is an initiative whose three main goals focus on

universality, progress and engagement under the leadership of UN Human
Rights, together with its partners. The initiative culminates in a high-level
event in December 2023 that will announce global pledges and ideas for a
vision for the future of human rights.

In the decades since 50 countries signed the Universal Declaration of

Human Rights, we have pushed the frontiers in medicine, technology, the
environment, social and political expression, economic and labour laws,
and more. Progress is a process, and we have much to build on. The
Declaration reflects an agreement that equality, freedom and justice are
values that drive a thriving society when everyone could experience equal
access to opportunities in these domains and any of their choosing.

The Declaration is a life guide encompassing 30 articles that address

rights and benefits, which have been realized by many yet outside the
reach of others. These include access to education, employment, fair pay,
voting rights, healthcare and more; the values of free speech, privacy, and
mutual respect irrespective of gender, race, ethnicity, or religion are
evinced by the Declaration.

Human Rights 75 is an initiative whose three main goals focus on

universality, progress and engagement under the leadership of UN Human
Rights, together with its partners. The initiative culminates in a high-level
event in December 2023 that will announce global pledges and ideas for a
vision for the future of human rights.
 Three tracks of Human Rights 75

Join the journeys to commemorate and strengthen a movement for a

better world:

● Promoting universality honours diversity, strengths, and achievements of

the many communities striving to address today’s global challenges. It
reminds us that human rights are non-negotiable and we reclaim it as a
foundation on which to find solutions to our common challenges.

● Forging the future seeks to harness the potential of latest breakthroughs

through all means, including technology, and anticipate the challenges that
will benefit from their application.

● Supporting engagement will work with Member States and all the relevant
actors to build a positive force for change with trust in the human rights
architecture, faith in its promise, and resources to apply the tools that are
necessary to ensure rights are upheld.
United Nations Environment Programme and Human Rights

The United Nations Environment Programme (UNEP) works to advance the

inclusive and effective implementation of environmental rights law
through, protecting environmental defenders, strengthening legal
frameworks, building capacities of relevant stakeholders and advancing
universal recognition of the right to a healthy environment.

As environmental issues have grown within the work of the Human Rights
Council, there has been an agreement between the High Commissioner
and the Executive Director of UNEP. One of the outcomes of this close
collaboration is the publication on the response to Covid called: “Human
Rights, the Environment and Covid-19”. It gives the keys elements on how
the environment and human rights are interlinked in what happened with
Covid and also with the development of the Covid response.

UNEP and OHCHR Agreement

In 2019, UNEP and the OHCHR have prioritized efforts to promote and
protect environmental and human rights with the signing of a new
cooperation agreement. The heads of the two UN bodies agreed that
although more than 150 countries have recognized the human right to a
healthy environment in their constitutions, national laws and jurisprudence,
or through regional agreements, significantly more work is needed to
inform policy-makers, justice institutions and the public on the various
ways they can take action to uphold this right.

Strengthened cooperation will aim to drive better protection of

environmental human rights defenders and their families, who frequently
face violence – including killings and sexual violence, smear campaigns,
and other forms of intimidation. The partnership will also encourage
greater acceptance by leaders and governments of the human right to a
healthy environment pursuing efforts toward its global recognition. It will
seek to increase support to national governments to promote human
rights-based policies, particularly in terms of sustainable management of
natural resources, development planning, and action to combat climate
change.

To support the growing community of practice between the two entities,

UNEP and OHCHR are compiling updates in the Environment Rights
Bulletin. It showcases best practices related to processes at the country,
regional and global levels of relevance to the human rights-environment
nexus. The latest edition published in October 2021 provides global
updates and resources, as well as a focused section on biodiversity
prepared on the occasion of the opening of CBD COP15.

Environmental Rights Bulletin

This "Environmental Rights Bulletin", produced by the United Nations
Environment Programme (UNEP) and the Office of the High Commissioner
for Human Rights (OHCHR) aims to support a growing community of
practice between the two entities. It showcases best practices related to
processes at the country, regional and global levels of relevance to the
human rights-environment nexus.

GENEVA, 16 August 2019 – As threats to individuals and communities

defending their environmental and land rights intensify in many parts of
the world, the UN Environment Programme (UNEP) and the UN Human
Rights Office have prioritised efforts to promote and protect environmental
and human rights with the signing today of a new cooperation agreement.

The heads of the two UN bodies agreed that although more than 150
countries have recognised the human right to a healthy environment in
their constitutions, national laws and jurisprudence, or through regional
agreements, significantly more work is needed to inform policy-makers,
justice institutions and the public on the various ways they can take action
to uphold this right.

Strengthened cooperation between UNEP and the UN Human Rights Office

will aim to drive better protection of environmental human rights
defenders and their families, who frequently face violence – including
killings and sexual violence, smear campaigns, and other forms of
intimidation.

The partnership will also encourage greater acceptance by leaders and

governments of the human right to a healthy environment pursuing efforts
toward its global recognition. It will seek to increase support to national
governments to promote human rights-based policies, particularly in terms
of sustainable management of natural resources, development planning,
and action to combat climate change.
The two organisations will now work more closely to monitor threats
against environmental rights defenders; advocate for better protection;
urge more effective accountability for perpetrators of violence and
intimidation; develop networks of environmental human rights defenders
and promote meaningful and informed participation by rights defenders
and civil society in environmental decision-making.

“A healthy environment is vital to fulfilling our aspiration to ensure people

everywhere live a life of dignity. We must curb the emerging trend of
intimidation and criminalisation of land and environmental defenders, and
the use of anti-protest and anti-terrorism laws to criminalise the exercise
of rights that should be constitutionally protected,” UNEP Executive
Director Inger Andersen said at the signing in Geneva.

“UNEP and the UN Human Rights Office are committed to bringing

environmental protection closer to the people by assisting state and
non-state actors to promote, protect and respect environmental and
human rights. In doing so, we will move towards a more sustainable and
just planet,” she added.

“Our planet is being recklessly destroyed, and we urgently need stronger

global partnerships to take action to save it," said UN High Commissioner
for Human Rights Michelle Bachelet. "We call on leaders and governments
to recognise that climate change and environmental degradation severely
undermine the human rights of their people, particularly those in vulnerable
situations – including the generations of tomorrow.”

“We encourage every State to develop and enforce national legal

frameworks which uphold the clear linkages between a healthy
environment and the ability to enjoy all other human rights, including the
rights to health, water, food – and even the right to life,” she added. “We
also strongly encourage greater recognition that the actions and advocacy
of environmental human rights defenders are deeply beneficial to all
societies. They must be better protected against the threat of violence and
intimidation.”
More than three defenders were killed across the world every week in 2018,
according to the latest report by Global Witness. The latest death toll
highlights the ongoing dangers facing those who are defending their
environmental and human rights in the mining, logging, and farming
sectors as well as other extractive industries.
 Human Rights & Environment @ UN
General Assembly

During the 77th session of the UN General Assembly, the UNGA’s Third
Committee held a dialogue with the UN Special Rapporteurs on the environment,
toxics and climate change, presenting their new reports to the Assembly. The
discussion included interesting questions from States and insights on advancing
the right to a healthy environment.

● SR Environment Report A77/284: The human right to a clean, healthy and

sustainable environment: a catalyst for accelerated action to achieve the
Sustainable Development Goals
● Press Release: Trillions needed to close finance gap on Sustainable
Development Goals, says UN expert
● SR Toxics Report Report A/77/183: The impact of toxic substances on the
human rights of Indigenous Peoples
● Press Release: Exposure to toxic substances a form of environmental
violence against Indigenous Peoples: UN expert
● SR Climate Report A/77/226: Promotion and protection of human rights in
the context of climate change
● Press Release: Climate change the greatest threat the world has ever
faced, UN expert warns
● Other reports:
● SR on contemporary forms of racism Report A/77/2990: Ecological crisis
climate justice and racial justice
● SR on the rights of migrants Report A/77/189: Report of the Special
Rapporteur on the human rights of migrants
● Press Release: States must address impact of climate change on human
rights of migrants: UN Special Rapporteur
● SR on violence against women and girls Report A/77/136: Violence
against women and girls in the context of the climate crisis, including
 environmental degradation and related disaster risk mitigation and
response
● Press Release: Climate change is a threat multiplier for women and girls:
UN expert

Environmental Degradation Threat to Human Rights

Access to food, water and clean air are inalienable part of Human rights which
cannot be realized in the absence of healthy and sustainable environment. This
paper explores the connection between environmental degradation and human
rights. The object demonstrates inaccessibility to food, pure water and clean air
adversely affect to human lives in Asia and argue it is imperative to acknowledge
that while there is global recognition of human rights abuses, there exists a
significant lack of awareness pertaining to the crucial role environmental
degradation plays in perpetuating such violations. The study finds how and what
to extent environmental degradation adversely impact on the human rights of
Asian and underlying factors which contribute to environmental degradation and
suggests the implementation of a human rights-based environmental protection,
wherein both state and corporate shall have the responsibility to protect the
environment while upholding human rights through the utilization of
environmental impact assessment. Furthermore, it recommends that those
individual or entity found to be complicit in the degradation of the environment
be held liable for ecocide. Therefore, it draws its conclusion by advocating for
the protection of human rights.
Keywords: Environment, Human Right, Degradation, Food, Water, Air, State,
Corporate, Responsibility, Ecocide, Conventions, Adjudication.
1. Introduction

Environmental degradation is the most global challenging issue of the present

time which negatively impacts on the health and inhabitants of the planet. The
fundamental principles of human rights including right to life, livelihood, food,
clean water, and health cannot be realized in the absence of sustainable and
healthy environment. Environmental protection has been developed as human
right in the region of Asia under the supervision of the United Nations and
through various international conventions and treaties after the ending of World
War II. International legal frameworks have recognized both environment and
human rights. The present paper establishes the connection between
environment and human rights and explores how environmental degradation
impacts on right to food, clean water and air. It draws its methodology to solve
environmental degradation by suggesting to incorporate environment impact
assessment and punishment under ecocide as well as it shows state and
corporate responsibility in thereto.
2.Development of Environmental Protection as Human Rights
Environmental rights encompass access to natural resources such as land,
shelter, food, water and air are indispensable for the enjoyment of basic human
rights. (Kamble, 2017) The first environmental movements were the
consequence of the industrial revolution. The increased use of fossil fuels and
chemicals, urban expansion, deforestation and increased human consumption
led to drastic changes in the environment. Initially, environmental movements
focused primarily on wildlife protection and nature conservation which paying
little attention to the adverse impact of human settlement on the environment.
After the Second World War, environmental movements have become more
active new. United Nations Conference on the Human Environment, held in
Stockholm, Sweden in 1972 played a vital role for the development of
environmental protection as a human right. United Nations Conference on
Environment and Development, held in Rio de Janeiro in 1992 also known as
Earth Summit, contributed as a significant milestone in the international
environmental movement . The Summit brought together the countries for a
massive effort to focus on impact of human socio-economic activities on the
environment.
3. Relationship between Environmental Degradation and Human Rights
Violation

The environmental degradation and human rights violation are interconnected.

Every human beings depend on environment and a safe, clean, healthy and
sustainable environment is essential to enjoy the wide range of human rights.
(United Nations, n.d.) The activities of individuals, governments, and
corporations may negatively impact the environment which infringe the human
rights. Shanti Star Builders v. Narayan Totame, in this case the Supreme Court of
India held that the right to life is guaranteed by the right to food, the right to
clothing, the right to decent environment and a reasonable accommodation.
(Shanti Star Builders v. Narayan Totame, 1990). Subhash Kumar v. the State of
Bihar, in this case Supreme Court held that the right to life is a fundamental right
including right to enjoyment of pollution free water and air for full enjoyment of
life. (Subhash Kumar v. State Of Bihar And Ors, 1991). In MC Mehta vs UOI,
supreme court held that public health and ecology have prority over
unemployment and loss of revenue. (M.C. Mehta And Anr v. Union Of India & Ors ,
1987) Aforementioned cases proved that human rights and environment are
closely related. Human Rights Council passed resolution on “human rights and
the environment” in March 2011 and given task to the Office of the High
Commissioner for Human Rights (OHCHR) to conduct analytical study on
connection between environment and human rights. The study found exclusive
connection between two of them.

4. Adverse Impact of Environmental Degradation on Human Rights

4.1Adverse Impact on Right to Food:

The right to food is recognized as a fundamental human right in several

international instruments including Universal Declaration of Human Rights
(UDHR)- Article 25 states that all persons have right to a standard of living
adequate for health and well-being of himself and of his family, including food.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
express in article 11 which recognizes the right to standard of living, including
adequate food. Room Declaration on World Food Security adopted at the World
Food Summit in 1996 declare that all person have right to access safe and
nutritious food. Environmental degradation negatively impact on the quality and
quantity of food. Increasing CO2 level in atmosphere decrease micronutrients
like iron, zinc and vitamin in food item like rice and wheat. This kind of
micronutrients are essential for the development of both physical and mental.
Environmental degradation causes soil degradation, water pollution, climate
change, loss of biodiversity and deforestation which create bad impact on food
production.
4.2 Adverse Impact on Right to Water

United Nations General Assembly passed a resolution in 2010 which recognize

clean water as a basic human right. Former Vice President of World Bank Ismail
Serageldin remarked that the war of 21st century would be fought over water
unless proper management system shall be taken. (Connell, 2013) Water
scarcity and lack of pure drinking water are global challenging issue right now.
Environmental degradation is the major culprit of this issue. It makes the water
polluted, reduces water availability, erosion and soil and sedimentation of water
and changes of water temperature. Based on water availability World Resources
Institute classified five level of water stress namely extremely high, high, medium-
high, low-medium, and low baseline water stress. Total 17 countries are suffering
from extremely high baseline water stress most of them are Asian country such
as Israel, Lebanon, Qatar, Iran, Libya, Jordan, Kuwait, Saudi Arabia, United Arab
Emirates, Bahrain, India, Pakistan, Turkmenistan and Oman. UN World Water
Development Report 2022 stated that Bangladesh ranks 6th in term of annual
groundwater extraction. The rate of access to pure drinking water in Bangladesh
was 58.51% for 2020. (World Bank, n.d.) Still 41.49% people cannot access clean
water. India is the 13th most water stressed nation globally. The main water-
related problems are scarcity, salinity, chemical and bacteriological
contamination. Water problems impact on agricultural land, fisheries, health,
tourism and biodiversity.
4.3 Adverse Impact on Air

Human beings need clean air to breath and it is fundamental human right. Dr.
David R. Boyd a special rapporteur on human rights and environment of OHCHR,
found that clean air is human right. Billions of people are breathing dirty, deadly
air which constitutes global health, environmental and human rights crisis. Every
minute a child and ten adults die prematurely because of inhaled dirty air in
lifetime. Ozone layer in atmosphere protect us from the harmful ultraviolet (UV)
rays of sun. But ozone layer is now depleting due to environmental degradation
like air pollution. The UV radiation damages the crops including soybeans,
making plant vulnerable and the skin problem of human beings. Acid rain,
increasing global temperature, excessive production of greenhouse gases such
as chlorofluorocarbon and increasing CO2 are the result of air pollution.
Therefore air pollution is a human right issue which violate right to life, right to
live in a clean, safe and sustainable environment.
5. Causes of Environmental Degradation

Environmental degradation negatively impacts on food, water and clean air

which are recognized as basic human rights. Human rights are being threaten
due to environmental degradation. There are two primary reasons for
environmental degradation. I) Human Activities II) Environmental Fact. These
two causes are illustrated as follows:

5.1 Human Activities Impact on Environment

United Nations Intergovernmental Panel on Climate Change (IPCC) published a

report on climate change which confirmed that it is 95% certain human activities
are the main reason for climate change. Human activities are responsible for
increasing CO2 almost as much as burning of fossil fuels and deforestation are
responsible. 40% of CO2 has increased in atmosphere since 1750 as a result of
human activity. (Action, 2013) There are sufficient evidence that human beings
are responsible for disruptions and changes to local and global water cycle.
Damming rivers for hydroelectricity, using water for farming, deforestation and
burning of fossil fuels. The dam shall be used for generating hydroelectric in
Ethiopia. Iraq faces also water crisis for the dam constructed by Turkey’s
South-Eastern Anatolia Project. (Wu, 2023) Besides, urbanization and
industrialization, farming, mining combustion of fossil fuels, stream channel
alteration and waste are the reasons for water polluted.
5.2 Environmental Fact for Environmental Degradation
Internal forcing mechanism where different kinds of elements of earth such as
Atmosphere, Hydrosphere, Cryosphere, Lithosphere etc interaction between them
affect the earth’s outer surface and adverse impact on environment. The balance
of environment highly depend on sea water volume, ice volume, ocean currents
and salinity. If the ocean’s current change the direction or water level falls or
rises, even if the ice melts, the balance of environment drastically disturbed. On
the other hand, if there is a slight change in the earth’s orbit, the amount of
sunlight on the surface changes drastically and it is the reason for great change
in geographical and seasonal light. Over the past centuries, large variations in
the isotopes of sunlight and white metals have been observed, causing electrical
interference and greatly disrupting wireless communications. This change is
solar heat is completely natural. As per plate tectonic theory, movement of the
plates below earth surface is geologic phenomenon such as earthquakes. Acid
rain with sulphur dioxide (SO2), destruction of ozone layer are also the
environmental factors for degrading the environment.
6. Mechanism to solve Environmental Degradation

It is essential that necessary measures should be taken to solve the

environmental degradation as a mechanism of protecting human rights. State
and business responsibility are main mechanism to protect environment from
the degradation are illustrated as follows:
6.1 State Responsibility

There are various treaties and conventions relating to environment and human
rights separately which impose responsibility on state parties to protect
environment as well as human rights. The principles of treaties are binding upon
the state parties. (United Nations, 1969) Principles when become customary
international law are binding upon states irrespective ratification or signing the
treaties . (North Sea Continental Shelf, Germany v Denmark, 1969) Convention on
Biological Diversity (CBD) guarantees in article 3, state parties ensure that their
activities do not damage the environment of others and article 8e promote
sound and sustainable development of environment. The convention also ensure
in article 10 that the parties avoid adverse impact on biological diversity. 196
states are member of the convention. Paris Agreement is a legally binding
international treaty on climate change, adopted by 196 state parties and many
states incorporate it on their Nationally Determined Contribution. The agreement
stated that holding the global average temperature below 2 C in above pre
industrial levels and limit the temperature increase to 1.5 C in above pre
industrial level (United Nations Climate Change, n.d.) Rio Declaration on
Environment and Development (1992)- principle 18 described that, state shall
immediately notify other states of any natural disasters or emergencies which
produce harmful effects on environment of those states . Principle 19 express
that states shall provide prior and timely notification to other states about their
activities which have adverse transboundary environmental effect. The last one
principle 23 ensure environment and natural resources shall be protected. United
Nations incorporated 17 Sustainable Development Goals. Goal 13 urges to take
urgent action to combat climate change and its impact. And goal 14 said
conserve and sustainably use the oceans, seas and marine resources for
sustainable development. (United Nations, n.d.)
6.2 Corporate Responsibility

Corporate has both responsibility to protect the environment as well as human

rights. Corporate Environmental Responsibility refers to a company’s duty
abstain from damaging natural environments. (Mazurkiewicz) Companies play a
fundamental rule in slowing down environment because of their overuse natural
resources, produce toxic waste, emit CO2 and contribute to global warming. This
type of environmental degradation threats to human rights. Some company take
green approach. United Nations established some guiding principles for
business liability to protect human rights called United Nations Guiding
Principles on Business and Human Rights (UNGPs). (United Nations, n.d.) It is an
instrument consisting of 31 principles for transnational corporation and other
business enterprises. Principle 11 stated that business enterprises should
respect human rights and avoid all the matters which infringing on the human
rights and others. Principle 23 stated business corporation comply with all
applicable laws and respect internationally recognized human right and treat the
risk of causing human rights as a legal as a legal compliance issue. Thus, State
and corporate responsibility undergoes to protect environment and human rights.
7. Environment Impact Assessment (EIA) to Protect Human Rights
EIA is designed to identify the potential risk of project (e. g, infrastructure
development) to environmental and human well-being and identify measures to
eliminate or mitigate these risk. (International Institute for Sustainable
Development, n.d.) The assessment of impact of the activities on environment
including food, water and air, act as a predetermined instrument to protect
human rights. A proper EIA before construction of any industrial infrastructure or
project shall maintain the balance of the environment and if the balance is
maintained, human rights shall be intact. EIA has been conducted before Rampal
Power Plant Project in Bangladesh. EIA was first introduced in 1978 with regard
various river valley projects all over the country in India. Now it is mandatory over
30 classes of project.
8. Adjudication of Environment and Human Rights Fact at International Court

Environmental issue and Human Rights fact are legalized by various

international laws and treaties. As an international legal issue, they shall be
prosecuted at international court. In which manner the issues shall be
prosecuted given below:
8.1 Ecocide

Ecocide means unlawful act which causes widespread or long term damage to
the environment. Independent Expert Panel for the Legal Definition of Ecocide
under the authority Stop Ecocide Foundation proposed to add ecocide as a new
crime to the Room Statute and recognize it as a international criminal act. (Stop
Ecocide Foundation, n.d.) As a criminal act, ecocide shall be adjudicated in
International Criminal Court (ICC). Those who violate human rights by destroying
the environment should be prosecuted at the ICC under ecocide.
8.2 International Court of Justice

International Court of Justice (ICJ) has jurisdiction to deal the environmental

issues. In the case of Costa Rica vs Nicaragua – 2017, ICJ adjudicated
international trans boundary environmental issue ((Costa Rica v. Nicaragua),
2017) and Argentina vs. Uruguay – 2010 , in this case ICJ held that a state must
take sufficient procedure to prevent environmental harm. ((Argentina v. Uruguay,
2010) Therefore, environmental issues are under the jurisdiction of ICJ. Besides,
after analyzing article 36(1) and 36(2) of the ICJ statute, if any dispute arises
regarding international law or any international legal issue, shall be resolved by
ICJ. Human rights and environmental issues are legalized by the international
legal framework. Thus, the issues shall be adjudicated under international court.
9. Conclusion

Environmental degradation adversely effect on food, air and clean water which
are recognized as basic human rights as a result the Asian suffers a lot. Human
rights largely depend on environmental balance which determine there are close
relationship between two of them. Various international laws, conventions and
treaties make environment and human rights are legal issue. Human activities
are the main principal for the environmental degradation rather than natural fact.
The methodology express state and corporate responsibility to protect
environmental degradation as well as conducting environmental impact
assessment to protect human rights. Human rights shall be secured by
adjudicating the issue before international court under ecocide for breaching of
international law.
 Causes, Effects and Solutions to
Environmental Degradation

Environmental degradation is an increasingly pressing issue that affects us all. It

is caused by a variety of factors, ranging from human activities to natural
disasters, and its effects can be devastating. Many of these effects can cause
further degradation, which means that this impact works as a downward cycle.
Fortunately, there are solutions, and we can all work together to mitigate its
impacts. Plant With Purpose exists to help reverse this cycle and create a more
sustainable future for communities all around our planet.

Causes
Poverty

Poverty is a major contributor to environmental degradation. People living in

poverty often experience hunger and food insecurity, which leads to
over-exploitation of natural resources. For example, trees are frequently
harvested to turn into charcoal, a product that can be sold for quick cash. This
can lead to deforestation, air pollution, and other unsustainable practices that
have a negative impact on the environment.
Poverty also affects environmental degradation in other ways. People living in
poverty may not have access to education about environmental issues or the
resources to invest in sustainable practices. They may also be more likely to
engage in activities that are harmful to the environment, such as burning wood
for fuel or dumping waste into rivers and streams. These activities can have long-
term negative impacts on the environment, including air and water pollution, soil
erosion, and loss of biodiversity.
Deforestation

Deforestation is the permanent destruction of forests in order to make the land

available for other uses. It is one of the leading causes of environmental
degradation because it reduces biodiversity, disrupts the water cycle, and
contributes to climate change.

Trees also play an important role in the water cycle by absorbing water from the
ground and releasing it into the atmosphere. Without trees, the water cycle is
disrupted, leading to droughts and floods. Deforestation also contributes to
climate change by releasing carbon dioxide into the atmosphere. Additionally,
deforestation can lead to soil erosion, which can lead to desertification and other
land degradation issues. All of these effects of deforestation can have
long-lasting impacts on the environment.
Climate Change

Climate change is a major contributor to environmental degradation because it

can cause soil erosion, which is the process of wearing away the land surface by
the action of natural forces such as wind, water, and ice. Climate change can
cause an increase in the intensity and frequency of storms, worsening erosion.
This can be especially damaging in areas that are already prone to soil erosion
due to their topography or land use.
Additionally, climate change can cause an increase in the intensity and
frequency of floods. Floods can carry away large amounts of sediment, which is
then deposited elsewhere, leading to changes in the landscape. Furthermore,
climate change can cause an increase in the intensity and frequency of droughts,
which can lead to soil erosion due to wind and water. In other cases, climate
change can create longer periods of drought, which results in insufficient plant
growth.

Soil Damage

Soil erosion can have serious consequences for the environment, as it can lead
to a decrease in soil fertility, an increase in sedimentation in waterways, and an
increase in the risk of flooding. In addition, soil erosion can lead to the loss of
valuable topsoil, which is essential for plant growth and food production.
Soil erosion can also contribute to environmental degradation in other ways. Soil
erosion can lead to increased air pollution, as the dust particles are carried away
by wind and deposited in other areas. Finally, soil erosion can lead to a decrease
in biodiversity, as it can reduce the amount of habitat available for plants and
animals. All of these effects can have serious consequences for the environment
and should be taken into consideration when developing land management
strategies.

Effects
Poverty

In many rural areas, people rely on the environment for their livelihood. Right now,
8 in 10 people living in poverty are rural, reflecting the severity of our
environmental crisis. Environmental degradation is a major contributor to poverty.
Deforestation, overgrazing, pollution, and climate change all contribute to
environmental degradation and can lead to decreased crop yields and water
shortages. These factors can all contribute to poverty, as people are unable to
produce enough food to feed their families.
“I was exclusively dependent on agriculture to support my family,” explains
Chanceline in the Democratic Republic of the Congo. “Relying only on agriculture
hindered my development. I had dreams of also starting some commerce, but I
never had the financial resources to get started with my dream.”
As extreme weather events damage crops and reduce crop yields across Eastern
Africa, people have grown increasingly unable to produce enough food to feed
their families.
Deforestation

As environmental degradation worsens poverty, it drives people towards

overharvesting of resources, namely, trees. When land is degraded, people are
more likely to deforest an area in order to access the fertile forest soil for
agricultural and other uses. Deforestation can also occur when land is cleared
for agricultural or industrial purposes, or when forests are burned to create space
for urban development. All of these activities can lead to a decrease in the
amount of forested land available, which can have a devastating impact on the
environment.
Soil Damage

Environmental degradation damages soil in a variety of ways. It furthers erosion,

which removes topsoil and reduces the fertility of the soil. It can also cause an
increase in salinity, which affects the ability of plants to absorb water and
nutrients. Environmental degradation can lead to compaction, which reduces the
amount of air and water that can be held in the soil. Finally, it can lead to a
decrease in organic matter, which affects the ability of the soil to retain nutrients
and water and to support plant growth.
Climate Change

Environmental degradation is a major contributor to climate change.

Deforestation, overfishing, and other unsustainable practices lead to the
destruction of habitats, the release of greenhouse gasses, and the disruption of
natural carbon sinks. As habitats are destroyed, fewer plants are available to
absorb carbon dioxide from the atmosphere, leading to an increase in
atmospheric concentrations of the gas. The destruction of coral reefs and other
marine ecosystems also leads to a decrease in the amount of carbon dioxide
that is absorbed by the ocean, further contributing to climate change.
Additionally, unsustainable practices such as overfishing can lead to a decrease
in the number of organisms that consume carbon dioxide from the atmosphere,
further exacerbating the problem.
Further Vulnerability

When people living in rural areas experience environmental degradation and

increasing poverty, they resort to desperate actions. Many times, children are
taken out of school to work on their farm, and this disproportionately applies to
girls. As a result, gender equality and education suffer.
Many people resort to migration, either to more urban areas or other countries, in
search of sufficient work opportunities. Unfortunately these journeys are often
dangerous, and displaced rural people in new cities or countries are especially
vulnerable to exploitation. Environmental degradation is a significant contributor
to human trafficking and violent activity.

Solutions
Challenges like poverty, soil erosion, and climate change are both causes and
effects of environmental degradation. This means that when one of these
problems grows out of control, it sets off the other problems, and they all grow
more severe together. It can lead to a very difficult life for someone living in a
rural area that has been degraded.

Anicet in Burundi explains how his struggle with poverty was related to famine
and food insecurity. “Before, we were living in extreme poverty and a state of
panic because we could not find enough food. There were years when we only
ate once a day,” he shares.
But what is Anciet supposed to do when the few available opportunities to earn
cash threaten to contribute to further environmental degradation? This is why
Plant With Purpose exists.
Solutions to poverty, climate change, and environmental degradation exist. When
they are applied holistically, they can turn cycles of poverty into cycles of
abundance.
Regenerative Farming

Regenerative farming is an agricultural practice that focuses on restoring the

health of the soil and reversing environmental damage. This practice works to
rebuild soil fertility, increase biodiversity, and reduce the use of synthetic
fertilizers and pesticides. Regenerative farming also works to improve water
retention and reduce water runoff, which can help to reduce soil erosion and
improve water quality. Through the use of cover crops, crop rotation, and other
practices, regenerative farming helps to improve soil structure, increase organic
matter, and promote healthy microbial activity in the soil.
In addition to improving soil health, regenerative farming also works to restore
biodiversity by increasing the number of beneficial insects, birds, and other
wildlife. This helps to create a more balanced ecosystem that can better resist
pests and diseases. By reducing the use of synthetic fertilizers and pesticides,
regenerative farming also helps to protect waterways from contamination.
These practices typically increase crop yield by a good deal. As poverty is
reduced, so too are the demands that it places on an ecosystem.
Tree Planting

Planting trees is an effective way to prevent environmental degradation. Trees

absorb carbon dioxide and other pollutants from the air, helping to reduce air
pollution. They also provide shade and shelter, helping to reduce the urban heat
island effect and evaporation. Trees also help to reduce soil erosion by
stabilizing the soil with their roots. In addition, trees help to conserve water by
reducing runoff and providing a natural filter for water that passes through the
soil. Finally, trees provide a habitat for wildlife, helping to maintain biodiversity.
Planting trees is a simple and effective way to help protect the environment from
degradation.

Savings & Loan Opportunities

Savings and loan opportunities can be an effective tool in preventing

environmental degradation. By providing access to capital for projects that
promote sustainability, or that simply provide families with a non-destructive
means to grow financially and overcome poverty. This gives people in rural
communities the means and margin to conserve and restore natural resources,
such as forests and wetlands.
Spiritual Renewal

Spiritual renewal is a powerful tool for preventing environmental degradation. A

restored relationship with the Creator can help us recognize our interdependence
with the rest of creation. This can help us develop a sense of responsibility for
the environment and a desire to protect it. This spiritual renewal can lead to
stewardship: more mindful consumption, greater respect for the environment,
and more sustainable practices. Additionally, it can inspire us to take action to
protect the environment, such as engaging in conservation efforts, reducing
waste, and advocating for environmental policies.
While a variety of solutions exist, it’s important to implement them holistically.
One of these solutions alone, without the enhancement of other activities, is
likely insufficient to reverse environmental degradation. Plant With Purpose
establishes Purpose Groups in rural communities, which are platforms that serve
as farmer field schools, savings and loan groups, and spiritual communities.
“I am convinced that this new venture will make it easier for me to save even
more money in the near future. I want to apply that towards growing my business,
” explains Chanceline, exemplifying how her savings and investments are
creating a cycle of abundance. “The Purpose Group curriculum has helped me
learn to make contour canals fixed with grasses and shrubs. I have also planted
agroforestry and indigenous trees and used mulching and organic fertilizer
combined with Mucuna green manure to improve the health of our farm.”

Prevention of Environmental degradation

Controlling Environmental Degradation: The environment provides us with basic
needs essential for survival. Humans play an integral role in the ecosystem and
are guilty of harming the planet. Our activities affect not only the environment
but also the organism that exists with us.
Environmental degradation is the deterioration of the environment due to various
factors. Global warming, deforestation, environmental pollution, and greenhouse
gases are some of the causes of environmental degradation. The following
factors also cause it:

● Ozone layer depletion

● Pollution
● Industrialization
● Overpopulation
The sudden increase in temperature and the tragedy of large icebergs melting in
Antarctica is proof of a deteriorating environment.
Environmental degradation needs to be considered as a serious issue. The
ecological crisis may lead to destruction. The ecosystem needs to be protected
before it’s late. There are several consequences of economic degradation. They
are as follows:

● forest fires
● biodiversity loss
● climate change
● respiratory illness
● natural disasters
 Measures to Control Environmental
Degradation

By planting more trees

Afforestation or planting of trees can help us control environmental degradation.

Plants give us oxygen and take in carbon dioxide, thereby reducing the amount
of carbon dioxide in the atmosphere. Forests are home to various indigenous
species. Cutting them creates an imbalance in the ecosystem. The roots of the
plant hold onto the soil preventing soil erosion. Plants provide us with food and
shelter. They also help in controlling the temperature of our planet. They can
regulate rainfall. So, let’s plant a tree and contribute to saving our environment.
Rainwater harvesting

Rainwater harvesting or collection of rainwater for domestic purposes is a way to

prevent wastage of water. The unavailability of drinking water and water
pollution makes it hard for people to find healthy drinking water. The water
collected by rainwater harvesting can be used for agricultural purposes,
domestic works, and cooking. Using this method, we recycle the rainwater for
our personal use and thus avoid wastage of water.
Reduce, Reuse, and Recycle

The resources are limited and cannot be renewed. Such resources are called non-
renewable resources. There is a sudden rise in the human population. So, the
resources are being overused. This can lead to exhaustion. So, we need to
reduce the use and emission of greenhouse gases. We can reuse the items and
recycle them. We can avoid plastic bags and stick to jute bags. The cans can be
recycled. We can avoid buying items that are not important.

By reducing the use of chlorofluorocarbons

Chlorofluorocarbons or CFCs such as methane are known as greenhouse gases.

They are harmful to the atmosphere and deplete the ozone layer. These gases
trap heat in the atmosphere and giving rise to global warming. Depletion in the
ozone layer allows ultraviolet rays into the atmosphere. These rays can cause
skin diseases in humans, such as skin cancer, eczema, etc. CFCs are extensively
used in ACs and refrigerators. So it is necessary to cut down their use. This will
reduce the global emission rate and prevent drastic climate change.
Reduce fuel consumption

The cars release harmful gases like carbon monoxide into the environment. This
increases the amount of carbon in the air, causing air pollution. Fuels such as
diesel and petrol are limited sources of energy. Excessive use of diesel and
petrol will lead to the extinction of resources. Rather, we can travel by bus and
other means of public transport or just use the bicycle lying in your house. Also,
we can save energy like electricity by switching them off when not in use. We
can use renewable energies such as CNG, solar energy, etc. They are found
amply in nature and are inexhaustible.
Treating the industrial effluents before dumping them in water bodies

The waste produced by the industries is toxic and causes vigorous damage to
the water bodies. The chemicals present in them pollute the water. This leads to
the death of many fishes and aquatic organisms.
Water from these lakes or rivers is used for irrigation. The chemicals mix with the
soil, and the crops produced are consumed by humans. This causes serious
health hazards in man.
To minimize the harmful effects of industrial wastes, scientific methods such as
thermal techniques and chemical techniques can be used to treat those wastes
and treat water pollution. Chemical techniques include:

● Ion exchange
● Precipitation
● Oxidation and reduction
● And neutralization
● Reducing the use of fertilizers
With the rise in population, there is a demand for more food. As a result, the
farmers are bound to produce more crop yields to compete in the market every
year. This leads to the use of inorganic fertilizers for more yields. Inorganic
fertilizers consist of harmful chemicals such as zinc, arsenic, etc., which causes
soil pollution. The use of fertilizers has resulted in many health hazards among
humans. It also degrades soil quality. We need to stop using inorganic fertilizers.
Organic manures can also be used.
Control population growth

The rate of population is increasing at a tremendous rate. Population explosion

is a serious issue in developing countries. The mortality rate is decreasing due to
developed health care, but the resources remain constant. As a result,
competition occurs. A large number of forests are burnt down to provide shelter.
Non-renewable resources are overused. As a result, famines and natural
calamities occur.
Conserve the endangered species

The ecosystem is balanced, and every organism is interrelated to each other. A

change or loss of one organism can alter the cycle, causing a discrepancy in the
environment.
Due to various environmental changes, many species are getting extinct or are
on the verge of extinction. Endangered species, such as the one-horned rhino,
needs to be conserved. We need to conserve these endangered species before
they get extinct and alter the ecosystem.
Poaching and translocation should be avoided.
The process of conservation of endangered species can be divided into two
phases:

● Identification of species in danger.

● Protection and implementation of short term measures to halt extinction.
● Implementation of long term measures to rebuild the population.
● Create awareness among people about the issue.
Not many people around us know much about ecosystems and their
environment. They have no idea about climate change or global warming. Public
consciousness must be made about the necessity of conservation and the
harmful effects of environmental degradation. I feel it is our responsibility to
make awareness among the people about environmental degradation. Talk
about it to people around you and spread the word. Run school campaigns and
spread awareness. Abide by the rules of the government and help others
implement the laws too.
We have certain responsibilities towards our mother nature. Our environment is
deteriorating, and it is of the utmost priority to implement ways to control and
prevent environmental degradation. We should give up habits that are harming
the environment. Let’s come together and save our ailing planet. CHANGE begins
at home. Let’s hope for a better future and standstill.
While modern societies face growing concern about global environmental issues,
developing countries are experiencing complex, serious and fast-growing
pollution problems of their own. The potent combination of industrialization,
urban development and mass consumption trends is exacerbated by foreign
companies operating with little regard for the impact on the local environment.
Environmental pollution is more than just a health issue; it is a wider social issue
in that pollution has the potential to destroy homes and communities.
Pollution problems are also closely tied to the mode of development in
developing countries. Despite this, many developing countries either have not
developed environmental pollution control measures, or have not provided
adequate implementation structures to ensure that policies are effective.
During the period of rapid economic growth after the Second World War, Japan
experienced a variety of terrible environmental problems on a scale
unprecedented in the world. These environmental problems can be attributed to
the prevailing emphasis at the time on economic growth and profits at the
expense of public health. For this reason, the government was unwilling to
pursue environmental strategies. Worsening environmental problems led to the
emergence of numerous victims’ groups and turned the tide of public opinion, so
that governments at the prefectural and national level were forced to act.
Eventually, after much trial and error, effective strategies for dealing with
environmental pollution were put in place and as a result the quality of the
environment began to improve.
By describing Japan’s experiences with respect to the problems caused by the
initial reluctance to address environmental issues, as well as the success of
subsequent environmental initiatives, it is hoped that we can help to prevent
worsening health problems in developing countries and promote sound and
healthy social development. This chapter presents an overview of the history of
pollution problems and countermeasures in Japan.
The specific case of Minamata Disease will be discussed in detail, looking at
questions such as the difficulties encountered in the implementation of pollution
initiatives and the wider social roles of those responsible for, or otherwise related
to, the initial problem. This will be followed by an analysis of environmental
policy and philosophy in Japan to identify those experiences and initiatives that
have relevance for developing countries today
 Objectives

Planning, coordinating, promoting and overseeing the environment, science &

technology and pollution prevention, abatement and control activities and
programmes for environment protection, conservation and enhancement by
regulation, policy formulation, supervision and monitoring using innovative
technologies.
Strengthening of environment awareness, assessment, advocacy and action by
facilitating organized collection, collation and dissemination of environmental
information.
Promote evaluation of environmental interventions through appraisal and
assessment and benchmarking of standards.
To facilitate monitoring & evaluation, decentralized planning & decision making
through web based GIS applications.
To deploy appropriate strategies for adaptation & mitigation of impacts of
climate change including enhanced monitoring of glaciers & updation of glacial
inventory.
Environment Protection Act 1986
Everyone is aware of the harm done to the environment, including its nature and
effects. The Environment Protection Act 1986 was enacted by the government in
response to growing concerns from civilizations and industrializations. It was a
thoughtful step towards environmental safe-keeping and improvement. The
Environmental Protection Act was legislated in May 1986 because of the
aftermath of the Bhopal Gas Tragedy in 1984. The Act was implemented in
November 1986.
The Environmental Protection Act of 1986 serves as a pivotal legislation in India,
aimed at ensuring sustainable development, protection, and enhancement of the
environment. It encompasses various measures and provisions to enforce the
objectives of the act and impose penalties in cases of non-compliance by
individuals or organizations. This act is the result of a series of legislative
actions that followed the Stockholm conference, including the Wildlife Protection
Act 1972, Water (Prevention and Control of Pollution) Act of 1974, and Air
(Prevention and Control of Pollution) Act 1981. It aligns with the constitutional
mandate to protect life under Article 21, fostering a holistic approach towards
environmental conservation and welfare.

Objectives of the Environment Protection Act 1986

Environment Protection Act of 1986 aims to provide for the protection and
improvement of the environment, prevention and control of pollution, and the
promotion of sustainable development. It sets out objectives to safeguard
ecological balance, safeguard human health, and ensure the effective utilization
of environmental resources. The objectives of the Environment Protection Act
1986 are as follows:

● Formed to carry out the decisions made at the United Nations Conference
on the Human Environment held in Stockholm in June 1972
● Instils government protection and regulation toward environmental safety
● Coordinates the actions of various regulating bodies working towards the
cause
● Enforces general environmental laws in case of environmental hazards
● Provides penalizing codes for individuals and institutions for
environmental damage
● Promotes sustainable environmental development
● Environment Protection Act 1986: Constitutional Provision
● The Environmental Protection Act 1986 was introduced under Article 253
of the constitution, which covers legislation for effecting international
agreements.
Article 48A of the Constitution was added by the 42nd amendment act, which
states that the state shall make efforts to protect and improve the environment
and to safeguard the forests and wildlife of the country.
Article 51A of the Fundamental duties states that every citizen shall protect the
environment.
Environmental Protection Act 1986 is applicable to complete India, including
Jammu & Kashmir.

Features of Environment Protection Act 1986

Environment Protection Act of 1986 incorporates several notable features,
including the establishment of authorities for environmental protection, the
regulation of hazardous substances, the power to issue directions for pollution
control, the provision of penalties for non-compliance, and the promotion of
public participation in environmental matters. Some of the major features of the
Environment Protection Act 1986 are as follows:

● The Central Government has the power to take any such measures to
safeguard and improve the environment in coordination with the State
government.
● Nationwide programs can be launched to fight and prevent environmental
pollution.
● Emission standards and guidelines for discharging environmental
pollutants can be laid down.
● The Central Government may appoint officers under the Environment
Protection Act 1986.
● Procedural Safeguards: No person may handle or may be made to handle
any hazardous substance other than following the procedure and with the
appropriate safeguards.
● Powers of Entry and Inspection.
● Establishment of Environmental Laboratories.
● Appointment of Government Analyst.
● Penalties for Offences.
● Offences by Companies.
● Offences by Government Departments.
● Cognizance of offences.
Difference Between Environment Protection Act and Wildlife
Protection Act

The Environment Protection Act 1986 is an “umbla” act for various

environmental legislations and provides a framework for coordinating various
central and state authorities’ activities to protect and safeguard the environment.
On the other hand, the Wildlife Protection Act 1972 focuses on protecting flora
and fauna and their habitats.
Environment Protection Act 1986 focuses on environmental pollution and other
standards of safeguarding the environment.
Wildlife Protection Act 1972 focuses on protecting the species of animals and
plants and preventing the hunting and trade of species.
Complaint under the Environment Protection Act 1986

The Environment Protection Act 1986 allows the following parties to file a
complaint in case of infringement of any objectives of the rules of the Act.
The central government or any regulatory institution acted to the government
Any individual who has the intention to or who files the complaint within sixty
days against the doing of the alleged offence
Liability under Environment Protection Act 1986

Under the purview of section 16 of the Environment Protection Act 1986, if not
proven otherwise, and in charge of a company such as a manager, directors,
secretary etc., are not liable in the case of –
An action is performed without their knowledge.
If they have taken due actions to prevent the offence
Punishment under Environment Protection Act 1986

The Environment Protection Act of 1986 includes provisions for punishing

offenses related to endangering the human environment, safety, and health.
Section 15 of the act specifies the punishments that can be imposed for
breaching its provisions. Following are the Punishment under Environment
Protection Act 1986.
Imprisonment of up to five years
Fine of up to one lakh rupees
Both imprisonment and fine
In the case of continued offense, the imprisonment time could be extended to
seven years.
The Environment Protection Act of 1986 is a significant legislation in India that
focuses on the prevention, control, and abatement of environmental pollution. It
falls under the Environment and Ecology section of the UPSC Syllabus, covering
topics related to environmental laws and regulations.
Environment Protection Act of 1986 holds immense importance in UPSC
Preparation due to its wide-ranging impact on environmental governance and
conservation. Understanding this act is crucial as it provides insights into the
features, objectives, and provisions of the Environment Protection Act.
Familiarity with this act enables candidates to address environmental challenges
and policy issues effectively.
 CONCLUSION
Everyone in the world depends completely on Earth’s ecosystems and the
services they provide, such as food, water, disease management, climate
regulation, spiritual fulfillment, and aesthetic enjoyment. Over the past 50 years,
humans have changed these ecosystems more rapidly and extensively than in
any comparable period of time in human history, largely to meet rapidly growing
demands for food, fresh water, timber, fiber, and fuel. This transformation of the
planet has contributed to substantial net gains in human well-being and
economic development. But not all regions and groups of people have benefited
from this process—in fact, many have been harmed. Moreover, the full costs
associated with these gains are only now becoming apparent.
Three major problems associated with our management of the world’s
ecosystems are already causing significant harm to some people, particularly the
poor, and unless addressed will substantially diminish the long-term benefits we
obtain from ecosystems:
First, approximately 60% (15 out of 24) of the ecosystem services examined
during the Millennium Ecosystem Assessment are being degraded or used
unsustainably, including fresh water, capture fisheries, air and water purification,
and the regulation of regional and local climate, natural hazards, and pests. The
full costs of the loss and degradation of these ecosystem services are difficult to
measure, but the available evidence demonstrates that they are substantial and
growing. Many ecosystem services have been degraded as a consequence of
actions taken to increase the supply of other services, such as food. These
trade-offs often shift the costs of degradation from one group of people to
another or defer costs to future generations.
Second, there is established but incomplete evidence that changes being made
in ecosystems are increasing the likelihood of nonlinear changes in ecosystems
(including accelerating, abrupt, and potentially irreversible changes) that have
important consequences for human well-being. Examples of such changes
include disease emergence, abrupt alterations in water quality, the creation of
“dead zones” in coastal waters, the collapse of fisheries, and shifts in regional
climate.
Third, the harmful effects of the degradation of ecosystem services (the
persistent decrease in the capacity of an ecosystem to deliver services) are
being borne disproportionately by the poor, are contributing to growing inequities
and disparities across groups of people, and are sometimes the principal factor
causing poverty and social conflict. This is not to say that ecosystem changes
such as increased food production have not also helped to lift many people out
of poverty or hunger, but these changes have harmed other individuals and
communities, and their plight has been largely overlooked. In all regions, and
particularly in sub-Saharan Africa, the condition and management of ecosystem
services is a dominant factor influencing prospects for reducing poverty.
The degradation of ecosystem services is already a significant barrier to
achieving the Millennium Development Goals agreed to by the international
community in September 2000 and the harmful consequences of this
degradation could grow significantly worse in the next 50 years. The
consumption of ecosystem services, which is unsustainable in many cases, will
continue to grow as a consequence of a likely three- to sixfold increase in global
GDP by 2050 even while global population growth is expected to slow and level
off in mid-century. Most of the important direct drivers of ecosystem change are
unlikely to diminish in the first half of the century and two drivers—climate
change and excessive nutrient loading—will become more severe.
Already, many of the regions facing the greatest challenges in achieving the
MDGs coincide with those facing significant problems of ecosystem degradation.
Rural poor people, a primary target of the MDGs, tend to be most directly reliant
on ecosystem services and most vulnerable to changes in those services. More
generally, any progress achieved in addressing the MDGs of poverty and hunger
eradication, improved health, and environmental sustainability is unlikely to be
sustained if most of the ecosystem services on which humanity relies continue
to be degraded. In contrast, the sound management of ecosystem services
provides cost-effective opportunities for addressing multiple development goals
in a synergistic manner.