The Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI), in partnership with the Asian Forum for Human Rights and Development (FORUM-ASIA) andStrengthening Human Rights and Peace Research and Education in ASEAN/Southeast Asia (SHAPESEA) co-hosted a two-day CSOs consultation session on the draft ASEAN environmental rights framework.
The consultation, held on 18-19 April 2024 in Jakarta, brought together CSOs with expertise in both human rights and environmental issues. Attendees discussed the current draft of the ASEAN environmental rights framework, which is being developed by the ASEAN Environmental Rights Working Group (AERWG).
Key observations and recommendations from the consultation include:
- Lack of Compliance with International Standards: Participants noted that the current draft falls short of international human rights standards and principles, failing to explicitly reference relevant international treaties and agreements. Concerns were raised about the absence of principles such as equality, non-discrimination, transparency, and accountability.
- Lack of Clarity and Definition: The draft was criticized for its lack of clear definitions, leading to ambiguity in key terms such as “large-scale” activities and “relevant to their age and circumstance” regarding environmental education.
- Weak Obligations: Attendees highlighted the draft’s weak obligations on ASEAN Member States (AMS) and corporations, with conditional clauses opening room for ambiguity and potential misuse. There was a call for stronger language to reflect AMS’ commitment to addressing environmental rights issues.
- No Recognition of Environmental Rights Defenders and Indigenous Peoples: The draft was criticized for failing to recognize the protection of environmental rights defenders, indigenous peoples, and affected communities, particularly regarding free, prior, and informed consent (FPIC) and land disputes.
- Lack of Clarity on Cooperation: Participants highlighted the draft’s lack of clarity on cooperation among AMS and ASEAN bodies for implementation, monitoring, and reviewing the framework.
CSOs also stressed the need for an extended consultation process that is inclusive of all stakeholders, especially those historically impacted by inadequate environmental rights fulfillment, such as indigenous peoples. The draft currently lacks a sense of urgency for addressing this very pressing issue. Given the vulnerability of the Southeast Asian region to climate change and disasters, it is imperative that ASEAN adopts a stronger regional environmental rights instrument.
The recommendations from the consultation have been submitted through the official channel, with hopes that they will inform the development of a more comprehensive and robust environmental rights framework for ASEAN.
The recommendations can also be downloaded through this link:
Final_FA-RWI-SHAPESEA_Submission to AERWG for ASEAN Environmental Rights Framework