Human rights and the environment: civil, political, socio-economic and environmental rights, environmental justice

IUCN recognizes that, without a peaceful, safe, and respectful setting where human lives are valued, and without livelihood security - i.e. security of tenure and access to lands, natural resources, and other basic assets, no conservation commitment can be expected from local people. This concept, which calls for full respect for human rights, is connected with the right to a decent quality of life and to other related rights recognized in the International Covenant on Economic, Social, and Cultural Rights. Further, in conditions of political oppression and marginalization, as frequently occurs with indigenous peoples and local communities, their active participation in, and support to, the development and enforcement of environmental laws and policies becomes impossible. The more people live in security and have their rights respected, the more they will be willing to engage in biodiversity conservation and care for their lands and resources.

IUCN, as an organization of member governments who have adhered to the International Bill of Human Rights and other human rights instruments, and of civil society organizations who have championed the cause of human rights worldwide, is fully aware of its commitment to contribute to the full and universal respect of human rights in all their dimensions.

Further, the evolution of the international environmental doctrine in the last decade seems to point to the recognition that environmental issues are founded on, or intimately linked to, the environmental human rights, i.e. the rights of present and future generations to enjoy a healthy life in a healthy environment. Thus, also from this perspective human rights issues are increasingly at the core of the preoccupations of the environmental movement.

It is interesting to note that not less than sixty national constitutions in the world include concepts related to the protection of the environment articulated as a human right, or as a provision by which the state is required to protect the environment and citizens are entitled to demand compliance with it – therefore with a perspective of environmental justice. Practically every national constitution that has undergone reform since 1970 includes this concept, and it is reasonable to expect this pattern to continue and even to be strengthened. Given recent history, it is difficult to imagine any nation from this point forward reforming its constitution without explicitly recognizing the right of its inhabitants to a healthy environment, in one way or another.

With regards to environmental justice, there are three dimensions to be taken into consideration. The first is its connection to the human right to live in a clean and healthy environment, as indicated above; it requires fair and effective enforcement of laws and policies aiming at securing such a right. The second relates more specifically to local communities whose livelihoods depend directly on natural resources and the environment quality of the places where they live; ensuring control by such communities over their natural resources and supporting capacity building to manage these resources in a sustainable way are key components of environmental justice for them. The third dimension second is to ensure that the public at large, and especially disadvantaged communities, fully access relevant information and fully participate in decision-making relevant to the fulfilment of their environmental rights.

IUCN has been particularly active in this respect. In 1995, at the United Nations Congress on Public International Law, IUCN’s Environmental Law Commission launched the Draft International Covenant on Environment and Development, which it had developed jointly with the International Council of Environmental Law. Article 12 of the document proposes that signatory nations "undertake to achieve progressively the full realization of the right of everyone to an environment and a level of development adequate for their health, well-being and dignity". A number of other clauses refer to rights and obligations related to this concept.

Through Resolution WCC 1.66 “Draft International Covenant on Environment and Development”, IUCN supported the Draft Covenant including its principle and goal to achieve full realization of the human right to the environment. Further, Resolution WCC 1.43 “Public Participation and Right to Know” called “upon all States to … [ensure] that the democratic rights to information and participation are upheld throughout the world."

See IUCN's Commission on Environmental Law