General questions
- Does the Aarhus Convention protect environmental defenders?
-
Article 3 (8) of the Aarhus Convention imposes a legally binding obligation on each Party to the Aarhus Convention to “ensure that persons exercising their rights in conformity with the provisions of this Convention shall not be penalized persecuted or harassed in any way for their involvement.”
The Aarhus Convention was the first international instrument to impose a legally binding obligation to protect environmental defenders.
See:-
Text of the Aarhus Convention
-
-
- Who is as an “environmental defender”?
-
An “environmental defender” is any member of the public seeking to protect their right to live in an environment adequate to their health or well-being.
This includes, but is not limited to, individuals, groups, local communities, indigenous peoples, environmental NGOs, lawyers and journalists seeking to protect the right to clean, healthy and sustainable environment.
See:
- Findings of the Aarhus Convention Compliance Committee on communication ACCC/C/2014/102 (Belarus), para. 66. ENG FRE RUS
- Decision VII/9 of the Meeting of the Parties on a rapid response mechanism to deal with cases relating to article 3(8) of the Aarhus Convention, recital 9. ENG FRE RUS
- United Nations General Assembly Resolution A/RES/76/300 on the right to a clean, healthy and sustainable environment
- Are environmental defenders “human rights defenders”?
-
Yes, environmental defenders are human rights defenders because they seek to protect the right to a clean, healthy and sustainable environment.
In addition to being directly protected under article 3 (8) of the Aarhus Convention, environmental defenders must be ensured the same rights and protection as other human rights defenders, including those set out in the UN Declaration on Human Rights Defenders.
- Are climate activists “environmental defenders”?
-
Yes, climate activists are environmental defenders, because they are seeking to protect the climate and therefore the right to a clean, healthy and sustainable environment.
- Who is the current Special Rapporteur on environmental defenders under the Aarhus Convention?
-
At its third extraordinary session (Geneva, 23-24 June 2022), the Meeting of the Parties to the Aarhus Convention elected Mr. Michel Forst, by consensus, as the first Special Rapporteur on environmental defenders under the Aarhus Convention.
Mr. Forst’s profile is available here.
Submitting a complaint
- Who can submit a complaint to the Special Rapporteur on environmental defenders?
-
Any member of the public can submit a complaint, either on their own behalf or on behalf of another member of the public, provided the consent of that other member of the public is obtained and submitted together with the complaint form.
In addition, any Party to the Aarhus Convention as well as the secretariat of the Aarhus Convention can submit a complaint to the Special Rapporteur.
- How can I submit a complaint to the Special Rapporteur on environmental defenders?
-
To submit a complaint to the Special Rapporteur, please complete the Special Rapporteur’s complaint form and send it to [email protected].
- What information should be included in the complaint?
-
All fields in the complaint form should be filled out. This includes a clear description of the alleged penalization, persecution or harassment, with a chronology of the relevant events. If more than one Party to the Aarhus Convention is involved in the alleged penalization, persecution or harassment, the description should clearly identify the alleged penalization, persecution or harassment by each of the Parties concerned.
- Are complaints treated confidentially?
-
Yes, all information submitted to the Special Rapporteur, including any information that may relate to the identity of the complainant, will be kept confidential unless he or she has explicitly waived the right to confidentiality.
- Can a complaint be made for a violation of any provision of the Aarhus Convention?
-
No, the mandate only covers alleged violations of article 3 (8) of the Convention, i.e. cases of penalisation, persecution or harassment of environmental defenders or imminent threats thereof.
See:
-
Paragraph 1 of the annex to decision VII/9.
-
- Do I have to exhaust domestic remedies before submitting a complaint to the Special Rapporteur?
-
No, a complaint can be submitted to the Special Rapporteur immediately.
Once a complaint has been submitted
- What is the process once a complaint has been submitted?
-
Upon receiving a complaint, the Special Rapporteur will review it to make sure it is admissible and that the complaint comes within his mandate, i.e. that it concerns a person who is experiencing, or at imminent threat of persecution, penalization or harassment, for seeking to exercise their rights under the Aarhus Convention. The Special Rapporteur may then undertake additional information gathering to properly carry out his or her functions, including gathering information from any publicly available source or sending follow-up questions to the complainant.
If the Special Rapporteur finds the complaint to be admissible and within the scope of his or her mandate, the Special Rapporteur will send a letter of allegation to the Party concerned, setting out the allegations and requesting a response within 60 days of receipt of the letter.
Once the 60-day deadline has passed, the Special Rapporteur will post the letter of allegation together with any response received from the Party concerned on the Special Rapporteur’s website.
Regarding measures the Special Rapporteur can take to protect the environmental defender during or following the above communication with the Party concerned, see the next question.
- What measures can the Special Rapporteur take to protect environmental defenders once a complaint has been submitted?
-
Paragraph 7 of the annex to decision VII/9 sets out the range of measures that the Special Rapporteur can take to protect environmental defenders once a complaint has been submitted. This includes issuing public statements and press releases and distribute them actively via the Special Rapporteur’s website, the media and social media. It also includes the use of diplomatic channels or requests to the Chair of the Bureau of the Meeting of the Parties to use diplomatic channels, and bringing the complaint to the attention of other relevant human rights bodies. He also has the power to issue an immediate or ongoing protection measure.
- What measures can the Special Rapporteur take if the Party or a company named in the complaint does not respond to the letter of allegation or its response is inadequate?
-
The Special Rapporteur can take all the measures set out in paragraph 7 of the annex to decision VII/9 (see question on available measures above). For example, the Special Rapporteur may issue public statements highlighting the lack of response from the Party concerned or use diplomatic channels.
In addition, the Special Rapporteur can refer cases of a serious or systemic nature to the Aarhus Convention Compliance Committee. Should the Committee find the Party concerned to be non-compliance, it will submit its findings and recommendations to the Meeting of the Parties of the Aarhus Convention for its endorsement. Upon considering the Committee’s findings and recommendations, the Meeting of the Parties can take various measures, as set out in paragraph 37 of decision I/7 on review of compliance. These include issuing a caution or suspending the special rights and privileges of the Party concerned under the Convention.