Introduction
The mission of the United Nations Environment Programme (UNEP) is to provide leadership and encourage partnership in caring for the environment by inspiring, informing, and enabling nations and peoples to improve their quality of life without compromising that of future generations.
Within the framework of UNEP, the Law Division leads in the work to strengthen environmental law, policy, and the implementation of Multilateral Environmental Agreements (MEAs), at international, regional, and national levels, seamlessly connecting UNEP’s mission with tangible actions for global sustainability.
Welcome to the latest edition of the Environmental Governance Update, highlighting the Law Division’s activities from April to June 2023, under the work streams linked below.
- ENVIRONMENTAL RULE OF LAW
- HUMAN RIGHTS AND THE ENVIRONMENT
- MULTILATERAL ENVIRONMENTAL AGREEMENTS COMPLIANCE
- INSTITUTIONAL STRENGTHENING
For a comprehensive journey through our previous editions, visit here.
ENVIRONMENTAL RULE OF LAW
- Faith Groups Unite - Joining forces to #BeatPlasticPollution on World Environment Day 2023: In a momentous display of unity, faith groups are joining forces to confront the pressing issue of plastic pollution. Recognizing the urgent need for action, faith groups leveraged their deep-rooted values of environmental stewardship, encouraging sustainable practices and advocacy amongst their followers. On World Environment Day 2023, celebrated on 5 June, a coalition of faith and interfaith organizations rallied their followers in a concerted effort to #BeatPlasticPollution. Esteemed spiritual leaders, including Pope Francis, Sister Jayanti Kirpalani, Sadhguru, Azza Karam, and Reverend Friar Joseph Muti, shared inspiring videos, reaching hundreds of thousands of followers, galvanizing their communities towards environmental action. The remarkable engagement of faith groups has been documented in the comprehensive WED 2023 Roadmap.
“We will not recycle our way out of the plastic pollution crisis: we need a systemic transformation to achieve the transition to a circular economy.” - Inger Andersen, UNEP Executive Director.
- Youth Leading the Charge - Tackling Water Crises and Empowering Change: The vulnerability of youth to water conflicts and ineffective water governance, climate change, and other related economic crises are undeniable. Access to safe water, including clean drinking water and sanitation, as well as other water-related issues were discussed by members of UNEP’s Faith For Earth Youth Council in a webinar organized on 17 May 2023. Titled “Water For Life: Interfaith Youth, Spirituality, and the UN Water Conference”, the webinar discussed how religious values and spiritual beliefs can lend support in achieving global water targets, highlighting the role of youth in driving the implementation of the global water action agenda.
Empowering Change - Advancing Environmental Rights and Energizing Clean Futures:
- On 27 April, UNEP unveiled the Working Paper on Environmental Rule of Law and Human Rights in Asia Pacific in collaboration with the Asian Research Institute (ARIEL) and the Asia Pacific Network of Environment Defenders (APNED). This groundbreaking paper delves into the evolving landscape of the environmental rule of law and human rights across the Asia Pacific region. Notably, it focuses on safeguarding environmental human rights defenders (EHRDs).
- On 3 July, UNEP, in collaboration with the Office of the United Nations High Commissioner for Human Rights (OHCHR), organized an internal virtual sharing and learning session focusing on hydropower, SDG7: Affordable and clean energy, and the Right to a Healthy Environment (R2HE). Read the Issue Brief here.
- Synergy Unleashed - Cross-Stakeholder Collaboration Sparks Impactful Change: • In April, UNEP supported an event recognizing the powerful contributions of advocates to environmental rule of law in Manila. The event celebrated more than 40 individuals including judges, lawyers and community members. Watch the recording here.
- On 8 to 9 May, UNEP led insightful discussions at the International Impact Assessment Forum on the role of the Environmental Impact Assessment (EIA) to address transboundary environmental governance issues. UNEP and partners hosted a series of Association of South East Asian Nations (ASEAN) sessions with 100+ participants, defining essential elements of rights-based impact assessments and the transformative potential of a rights-based framework for ASEAN’s environment, including robust EIAs.
- On 26 May, UNEP provided a keynote on the role of Environmental Legal Clinics in advancing environmental justice and providing support to the environmental rule of law at the 2nd ASIA CLE Conference held at Chiang Mai University.
- On 30 June to 1 July, UNEP and partners hosted the Public Interest Environmental Law Conference in the Philippines, bringing together environmental lawyers, scientists and advocates.
Advancing the implementation of the right to a healthy environment
- General Comment 26 by the Committee on the Rights of the Child (UNCRC): On 26 May, the UNCRC made a significant stride by endorsing the General Comment on Child Rights and the Environment with a Special Focus on Climate Change. This Comment elaborates on the rights enshrined in the United Nations Convention on the Rights of the Child (CRC) – which are jeopardized by environmental degradation and climate change – and explicitly recognizes the new Right to a Healthy Environment (R2HE). The official launch of the General Comment is scheduled for September 18.
- A side event to the Basel, Rotterdam and Stockholm (BRS) Conference of the Parties (COP) 2023 focused on advancing a Human Rights-based Approach to Pollution for People and the Planet. On 10 May, UNEP, along with partners such as Office of the High Commissioner for Human Rights (OHCHR), UN Development Programme (UNDP), and the International Labour Organization (ILO), explored the developments on the interconnectedness between human rights, a just transition, and the environment. The event further identified key entry points to strengthen a human rights-based approach to the implementation of the BRS Conventions and the Minamata Convention on Mercury.
- The Reykjavik Summit of the Council of Europe, held on 16-17 May, adopted the Reykjavík Declaration, which underlines additional actions to protect the environment including explicitly mentioning the R2HE and encouraging the establishment of a new intergovernmental committee on environment and human rights.
- During a side event held on 19 April at the Second Meeting of the Conference of the Parties to the Escazú Agreement the importance of the right to a healthy environment for Latin America and the Caribbean were highlighted.
- On 19 April, the event "Escazú Agreement towards regional integration addressing intergenerational inequality for the public participation of youth and civil society", took place. The event provided a platform for the voices of regional youth and visibility to the work they have been doing to contribute to the Escazú Agreement. Read more
Developments at the 53rd session of the Human Rights Council
The 53rd session of the Human Rights Council (HRC) took place in the Palais des Nations, Geneva, from 19 June to 14 July. The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here. The main highlights from the session include:
- Report (A/HRC/53/34) by Special Rapporteur (SR) Ian Fry on human rights and climate change: Through his thematic report, focused on legal and policy protections available to people displaced across international borders due to climate change, the SR analyzed the human rights implications of climate change-induced displacement. The SR also presented a report on his country visit to Bangladesh (A/HRC/53/34/Add.1).
"The devastating effects of climate change will continue to force people to be displaced." - Ian Fry, SR Climate change and human rights.
- The annual panel discussion on the adverse impacts of climate change on human rights (mandated by A/HRC/RES/47/24 and A/HRC/RES/50/9) took place on 3 July. The discussion theme was the adverse impact of climate change on the full realization of the right to food for all people. The video recording of the panel discussion is available here and the transcript and digital recording is available here.
- The HRC held an Interactive Dialogue on the report of the Secretary-General on the adverse impact of climate change on the full realization of the right to food for all people (A/HRC/53/47). The video recording of the interactive dialogue is available here and the transcript and digital recording are available here. Related: UNEP delivered a statement, highlighting the interconnectedness between the right to food and the right to a healthy environment and upcoming opportunities to integrate human-rights based approaches, such as COP28, the negotiations on plastic pollution and United Nations Environment Assembly 6 (UNEA-6).
- Exploring the nexus between climate change and violence against women and girls through a human rights lens: On 30 June 2023, the UN Office of the High Commissioner for Human Rights (OHCHR) presented its annual report before the HRC (please see here) summarising the HRCs annual full-day discussion on the human rights of women, which had been held on 27 June 2022.
- On 12 July, the HRC adopted a resolution on human rights and climate change (A/HRC/RES/53/6) focusing on achieving communities’ livelihood resilience. The Council also called for an annual panel discussion at the 56th session on ensuring such resilience in the face of climate change-induced loss and damage, with an eye toward the full realization of all human rights in this context on the basis of equity and climate justice.
Empowering Tomorrow: Bold Steps for Future Generations
- Maastricht principles on the Human Rights of Future Generations: Developed by a Drafting Group of seven experts from different geographical regions, the Maastricht Principles on the Human Rights of Future Generations were adopted in Maastricht on 3 February and endorsed by human rights law experts from around the world. These Principles coming from civil society seek to clarify the present state of international law as it applies to the human rights of future generations, among others. Particularly, Principles 5(b) and 10(b) mention the right to live in a clean, healthy and sustainable environment and the rights of nature. The Maastricht Principles on the Human Rights of Future Generations can be accessed here.
- Secretary-General’s policy brief on future generations: In March, a policy brief titled “To Think and Act for Future Generations” was published under the Secretary-General’s “Our Common Agenda” (A/75/982) report as an input to the intergovernmental and multi-stakeholder consultations. This policy brief proposed four main actions to safeguard the interests of future generations – an envoy for future generations, use of science and data, a declaration of duties to future generations, and an intergovernmental forum for implementing the declaration and sharing best practices.
- UN common principles on future generations: UNEP supported the elaboration of the Common Principles on Future Generations that were approved at the 45th session of the High-level Committee on Programmes (HLCP) in March and endorsed by the United Nations System Chief Executives Board for Coordination in May. These eight principles aim to help, guide and inform the UN system in its work on future generations, promoting a vision for future generations that includes inclusive partnerships and global collaboration.
- Other developments on future generations: On 26 June, OHCHR convened a roundtable to further the understanding on securing the human rights of present and future generations. Watch the recording of the roundtable here. Moreover, the co-facilitators, Jamaica and the Netherlands, are mulling over the next steps and ways to advance the process for the Declaration on Future Generations and recently published an issues paper to guide the process. The video recording of the informal consultations on the Declaration on Future Generations held on 12 July is available here.
Decoding State Responsibility - UN’s Path to Climate Advisory Opinion
In response to the UN General Assembly resolution (A/RES/77/276) of 29 March, the International Court of Justice (ICJ) is poised to deliver an advisory opinion on the obligations of states concerning climate change. The UN Secretariat's proactive role in this process is evident through the written contribution that it delivered to the Court well before the 20 October 2023 deadline.
Upon request by the President of the International Tribunal for the Law of the Sea (ITLOS), on 16 June, UNEP submitted a written contribution on the upcoming advisory opinion on climate change and the protection of the marine environment. Other contributions made by States and intergovernmental organizations can be consulted here. With oral proceedings scheduled for 11 September 2023, the world anticipates a defining moment in shaping global climate responsibilities under the ITLOS’ guidance.
UNEP’s official statement on the detention of Hoang Thi Minh Hong in Viet Nam: Expressing its deep concern over the detention of environmental human rights defender Hoang Thi Minh Hong in Ho Chi Minh City, Viet Nam, UNEP believes the continued intimidation and arrests of environmental advocates in Viet Nam is resulting in a chilling effect on civil society and undermining the efforts to tackle the triple planetary crisis. Read the official statement by UNEP here.
#WikiforHumanRights to Tackle Environmental Challenges: UNEP and OHCHR partnered with Wikimedia on the #WikiforHumanRights campaign, for an initiative to fill knowledge gaps on Wikipedia about topics related to the environment and human rights, and to help the public address the pressing triple environmental crisis. This year’s topic focus is on toxics and pollution. The launch event took place on 18 April 2023.
MULTILATERAL ENVIRONMENTAL AGREEMENTS: IMPLEMENTATION AND COMPLIANCE
Forging Stronger Bonds: Inaugural Meeting of the UNEP Legal Officers and MEAs Secretariats Paves the way for Collaborative Environmental Action
In a landmark event, the Network of Legal Officers of UNEP and the Secretariats of Multilateral Environmental Agreements (MEAs) convened the inaugural two-day meeting at the United Nations Office in Nairobi, Kenya, on July 10-11, 2023. The meeting's purpose was to bring together legal officers from various UN agencies and MEA secretariats to enhance collaboration, share best practices, and address legal challenges related to environmental issues. Discussions addressed challenges in amending conventions, coordinating efforts and ensuring coherence between legally binding and non-binding agreements. The meeting underscores the commitment to a greener and more sustainable future through collective experience and expertise.
Paving the way for the Bern III Conference by strengthening cooperation and collaboration among biodiversity-related conventions
In response to the mandate given by CBD COP-15 decision 15/13, UNEP continued to build on the Bern Process to strengthen cooperation and collaboration among biodiversity-related conventions and to contribute to effective and efficient implementation of the Kunming-Montreal Global Biodiversity Framework by facilitating a process for cooperation among Parties to the relevant biodiversity-related conventions. The Bogis-Bossey Expert Meeting was held on 27-30 June with the aim of enhancing cooperation among the Biodiversity-related Conventions, in preparation of the “Bern III Conference” scheduled for January 2024.
Thirty-two experts from Parties to the various conventions, from secretariats, and other organizations advised UNEP on the modality of organization of the Bern III Conference. The workshop shaped the objectives, scope, agenda, participation as well as the expected inputs and outputs of the conference, building on lessons learned from the 2021 Bern II Consultations. Based on the outcomes UNEP will organize an inclusive and action-oriented Bern III Conference for the efficient and effective implementation of the GBF through synergies and cooperation at the global and national levels, facilitating joint planning and programming as well as knowledge tools developed under its Environmental Treaties Programme. Recommendations from experts on actionable outputs from Bern III included: a summary for policy makers, a meeting report and co-leads’ paper with concrete recommendations, a roadmap for synergies process to 2030, modalities for a global review of collective progress 2026 (“stocktake”), and the mapping of GBF targets with the various conventions.
Empowering Environmental Negotiations: InforMEA Unveils Cutting-Edge Negotiator’s Toolkit
In the wake of the remarkable expansion of international environmental law over the past half-century, featuring a staggering 500+ multilateral environmental agreements (MEAs) targeting global environmental threats and sectoral environmental issues, the demand for adept negotiators with finely-tuned expertise is greater than ever. Recognizing this need, InforMEA has unveiled an innovative Negotiator’s Toolkit, a dynamic resource poised to equip negotiators with the specialized insights required for navigating the intricate landscape of MEAs.
Innovative Steps Forward - Highlights from the InforMEA Working Group Meeting: The InforMEA Working Group Meeting was held on 20-22 June 2023 in Montreux, Switzerland. The in-person meeting considered progress in the different work streams and how to take InforMEA into its next phase of operations. The meeting also considered how InforMEA can contribute to and benefit from the ongoing Digital Transformation in UNEP and the UN. Fifteen MEA Secretariats exchanged views with the Chief Digital Officer and her team on concrete ways of collaboration, including on how to make MEA content easily accessible to UN Country Teams as part of the One UN Reform Process. Follow InforMEA on LinkedIn.
Redefining Knowledge for Stronger Science Policy Actions
On 23 May, the Law Division held the second session of the Science Policy Actions for Redefining Knowledge (SPARK) webinar series. The webinar focused on how scientists, academics and science academies can contribute to strengthening SPI-related actions and identify options for stronger involvement of these stakeholders in emerging multilateral processes and implementing the outcomes. Watch the session's recording below for a deeper look.
Championing Environmental Progress: Spotlight on Transformative Initiatives
- Under the Green Customs Initiative, in collaboration with the Basel Convention and Beah, the waste management agency in Oman, a two day-training took place in Muscat on the topic of “Greening Customs for People, Planet and Prosperity: Transboundary Waste Management” from 28 to 29 May. The activities of the presentation gave the different stakeholders in Oman an opportunity to brainstorm on legislation and enforcement related to illegal traffic and the trade of hazardous and other wastes, safety aspects, risk management and harmonized codes.
- Joining forces against waste trafficking: Project Unwaste held the first UNODC-UNEP regional meeting on illegal waste flows from 14 to 16 June. Current findings were presented and ongoing research on waste trafficking trends and related regulatory frameworks in the ASEAN region were discussed. The project, further promotes enhanced EU-ASEAN Member States partnerships, in support of ongoing efforts towards a circular economy transition, in line with the relevant policy frameworks.
- In a stride towards fortifying environmental enforcement in South Asia, the Green Customs Initiative secretariat organized a capacity building workshop for customs officers from eight countries in the South Asia region in Malé, Maldives, from 21 to 23 May. The workshop comprised of sessions on illegal trade of environmentally sensitive commodities and addressed thematic areas such as biodiversity protection and waste management. Notably, Maldives Customs is a recipient of the 2022 Asia Enforcement Environmental Awards for its role in enforcing a plastic trade ban. The workshop was held in parallel with the National Ozone Unit (NOU) Network Meeting, followed by Twinning Workshops for customs and NOU representatives, all organized in conjunction with the Maldives government and the OzonAction Branch of UNEP.
- The Guide on Ambient Air Quality Legislation was launched during the Climate and Clean Air Conference in Bangkok, Thailand, on 30-31 May. The Guide aims to promote robust national systems of air quality governance that prioritize public health outcomes and respects that all humans share the same need to breathe air of adequate quality.
Milestone Moments: African Elephant Conservation Soars and Capacity Triumphs!
- Exciting news for conservation enthusiasts! African Elephant Range States have approved the revised African Elephant Action Plan (AEAP 2023), marking a significant step forward in the preservation of these revered creatures. This plan guides elephant management and conservation over the next five years. Adding to this, the 12th African Elephant Fund Steering Committee (AEFSC) held an in-person meeting on 29-30 June. Hosted by UNEP’s Law Division, the event reviewed accomplishments, discussed fund operations, and set the state for a more unified, impactful, and sustainable approach to elephant conservation. Hope and inspiration abound for the future of these magnificent creatures.
- With a total of sixty-one successful initiatives completed, the African Elephant Fund (AEF) reinforces its commitment to collaboration, playing a pivotal role in securing a brighter future for elephants and their habitats. One such initiative is the elephant collaring operation for Real-Time Monitoring in South Sudan. In a significant stride, GPS collars have been placed on six elephant groups in South Sudan, enabling real-time monitoring. This innovative approach empowers the rangers with advanced Geographic Information System (GIS) skills, strengthening the law enforcement efforts against illegal trade, and therefore contributes to the enhanced protection of these magnificent creatures and their habitats. Another initiative is the Capacity Building initiative in Togo. Our commitment to capacity building continues to yield remarkable results in Togo. Through targeted training programs, 150 individuals have been empowered. These comprehensive trainings not only strengthen anti-poaching efforts but also bolsters conservation practices and law enforcement measures.
INSTITUTIONAL STRENGTHENING
WHO Convention, Agreement or other International Instrument on Pandemic Prevention Preparedness and Response
- The Law Division of UNEP joined lawyers from the Food and Agriculture Organization (FAO), the World Health Organisation (WHO), and the World Organization on Animal Health, who represent the Quadripartite Group on the One Health Approach, provided comments on the Intergovernmental Negotiating Body’s text on 22 June 2023. The Joint Quadripartite comments and suggestions, which were submitted to WHO, aimed to incorporate the One Health Approach into the text, primarily focused on tackling human, animal and ecosystems health issues in an interlinked manner.
- UNEP supported the Responsible Business and Human Rights Forum at the UNCC on 6-9 June as one of the organizing partners. UNEP also organized a session on Unlocking the Potential of Women's Leadership for Accelerating the Just Energy Transition together with UN WOMEN. The session shared perspectives from different stakeholders involved in the EmPower project such as Indigenous Women, Private Sector, Civil Society and Government.Update: The Asia Pacific Thematic Working Group on Environmental and Climate Youth Action is now formally established under the regional collaboration mechanism of the Asia Pacific Interagency Network on Youth (APINY).
Environmental law, governance and related policy issues stay ingrained in the progressive, cross cutting, innovative and inclusive work of the Law Division in leading the international community towards sound environmental law and governance for a healthy planet and people. We encourage you to stay informed about our work by visiting our dedicated environmental governance webpages on the UNEP website.
Contact information: alvin.gachie[at]un.org / stephen.tengo[at]un.org / maryann.kuria[at]un.org
Disclaimer: The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations Environment Programme. We regret any errors or omissions that may have been unwittingly made.