Historic Step for Human Rights and Environmental Protection in ASEAN

Strategic Insights -

The Office of the United Nations High Commissioner for Human Rights has welcomed the adoption of the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment, which took place on 26 October at the 47th ASEAN Summit in Kuala Lumpur, Malaysia. This landmark Declaration is a significant step forward in addressing the triple planetary crises of climate change, biodiversity loss, and toxic pollution. The experts issued a statement highlighting the importance of the Declaration, which commits to advancing the right to a safe, clean, healthy, and sustainable environment for present and future generations.

Key Takeaways:

  • The ASEAN Declaration is a historic step for human rights, environmental protection, and sustainable development in the region.
  • The Declaration commits to advancing the right to a safe, clean, healthy, and sustainable environment for present and future generations, aligning with the UN General Assembly resolution adopted in July 2022.
  • The Declaration strengthens the right by including "safe" as part of the definition of a healthy environment and reflects vital elements such as implementation of environmental law, access to information, public participation, and access to justice.
  • The experts welcome the ASEAN Intergovernmental Commission on Human Rights' (AICHR) openness to dialogue and engagement, and stand ready to further collaborate and exchange perspectives on protecting the right to a safe, clean, healthy and sustainable environment.
  • The ASEAN Declaration has the potential to become a transformative regional instrument, guiding environmental and human rights policy across Southeast Asia through 2045 and beyond.
  • The Declaration reflects a call for stronger actions on behalf of non-State actors and businesses to respect the right to a healthy environment.
  • The experts expressed concerns over the use of the term "indigenous" instead of "Indigenous Peoples" as internationally recognised and the distinction between the rights of Indigenous Peoples and local communities.
  • The ASEAN Declareation was adopted just two months after the International Court of Justice published its Advisory Opinion on States' obligations and climate change, reaffirming that all States have the erga omnes obligation to prevent environmental harm.

Statistics:

  • 47th ASEAN Summit took place in Kuala Lumpur, Malaysia on 26 October.
  • 2045: The target year for the ASEAN Declaration to guide environmental and human rights policy across Southeast Asia.
  • 2 months: The time between the adoption of the ASEAN Declaration and the publication of the International Court of Justice's Advisory Opinion on States' obligations and climate change.
  • 3 crises: Climate change, biodiversity loss, and toxic pollution addressed by the ASEAN Declaration.

Sources:

  • Office of the United Nations High Commissioner for Human Rights.
  • ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment.
  • UN General Assembly resolution adopted in July 2022.
  • International Court of Justice's Advisory Opinion on States' obligations and climate change.