Environmental Impact Assessments Crucial for Preventing Environmental, Social, and Human Rights Impacts
The United Nations has emphasized the importance of environmental impact assessments in preventing environmental, social, and human rights impacts from projects or activities. Despite being mandatory under customary international law, these assessments are often weakened or ignored in many countries, resulting in severe and irreversible impacts on the environment and human rights. Astrid Puentes Riano, the Special Rapporteur on the human right to a clean, healthy, and sustainable environment, stressed that these assessments are a fundamental mechanism for States to assess potential significant impacts and implement effective measures to prevent them.
Key Takeaways:
- Environmental impact assessments are mandatory under customary international law and are a fundamental mechanism for States to assess potential significant environmental, social, and human rights impacts of projects.
- These assessments should be properly regulated, cover social and human rights impacts alongside environmental ones, and address all elements of the right to a healthy environment, including climate, biodiversity, and clean air.
- States must assess all potentially harmful activities early and before projects begin, following the principles of prevention, precaution, transparency, equity, and non-discrimination.
- Public participation, access to information, and justice are essential components of environmental impact assessments, which must be conducted by independent experts and include special protections for marginalized groups.
- Persistent conflicts of interest, project fragmentation, and exemptions for sectors such as infrastructure, mining, or energy are preventing States from properly evaluating projects in advance and thus avoiding serious impacts.
- Marginalized communities, including Indigenous Peoples, women, children, persons of African descent, rural and coastal communities, and environmental defenders, are often more exposed to the negative impacts of these projects, perpetuating inequality and environmental and climate injustice.
Statistics:
- The International Court of Justice has reiterated the mandatory nature of environmental impact assessments under customary international law.
- The report highlighted that severe and irreversible impacts have occurred as a result of failing to conduct comprehensive assessments, including consideration of possible alternatives.
- Marginalized communities are often more exposed to the negative impacts of projects, perpetuating inequality and environmental and climate injustice.
Sources:
- The Office of the United Nations High Commissioner for Human Rights.
- International Court of Justice.
- Report presented by Astrid Puentes Riano, the Special Rapporteur on the human right to a clean, healthy, and sustainable environment.