Creating an environmental rights framework for ASEAN.
We invite civil society to follow the developments and engage in the process of institutionalizing the ASEAN environmental rights framework. Genuine participation is important, especially in communities that are most affected by climate change and are at high risk of attacks. The ongoing process to develop an ASEAN environmental rights framework presents a great opportunity for all to advance the status of environmental rights in the region. Since 2021, the ASEAN Intergovernmental Commission on Human Rights (AICHR) has recognized the need for a regional instrument that promotes environmental rights and incorporates the narratives between human rights and environmental rights. ACIHR established a Working Group that has been meeting in 2023 and 2024. The Fifth Meeting of the Working Group in July referred the draft of the ASEAN declaration on the right to a safe, clean, healthy, and sustainable environment, to AICHR for consideration.
Civil society members of the Working Group considered that there was a need to continue the conversation around environmental rights. As a result, they developed an ASEAN Peoples Declaration on Environmental Rights. The Peoples Draft is designed to be ambitious and respond to submissions received during the stakeholder consultation process in April and May 2024. The Peoples Draft will be the subject of further consultation during 2024 and 2025.
Since July 2024, civil society and other stakeholders have been discussing the way forward for the draft ASEAN Declaration on the right to a clean, safe, healthy and sustainable development and the ASEAN People Draft Declaration on Environmental Rights.
The Ad Hoc Preparatory Session of the ASEAN Environmental Rights Framework and the Interim Working Group (IWG) Meeting were held on November 22–23, 2022, in Bangkok, Thailand, to conclude the Working Group's Terms of Reference and discuss possible elements of the draft Regional Framework on Environmental Rights in ASEAN. Early in 2023, the ASEAN Intergovernmental Commission on Human Rights (AICHR) adopted the Terms of Reference of the ASEAN Environmental Rights Working Group (AER Working Group) following this preparatory session. The purpose of the AER Working Group was to develop a regional framework on environmental rights for further consideration by ASEAN Sectoral Bodies before eventual adoption by ASEAN leaders. The AER Working Group abides by the AICHR's Terms of Reference, the Phnom Penh Statement of the Adoption of the ASEAN Human Rights Declaration, and the ASEAN Human Rights Declaration's guiding principles. H.E. Professor Amara Pongsapich, Representative of Thailand to the AICHR, is the chair of the AER Working Group. The composition of the AER Working Group is indicated in its Terms of Reference. Its membership includes representatives of the AICHR, ASEAN Sectoral Bodies, civil society organisations, experts, and special advisors.
The purpose of the AER Working Group is to develop a regional framework on environmental rights, which will be submitted to AICHR for further discussion. AICHR will consult ASEAN Sectoral Bodies relevant to the environment, particularly the ASEAN Senior Officials on Environment (ASOEN), for consideration before eventual adoption by ASEAN leaders.
The AER Working Group has held four meetings to develop the Draft ASEAN declaration on environmental rights. The 1st meeting was held in Bangkok from August 21–22, 2023. The 2nd meeting was held in Bangkok from November 21–22, 2023. The third meeting was held in Manila on February 27-28, 2024. Following the third meeting, and in accordance with the Terms of Reference of the AER Working Group, the Draft ASEAN declaration on environmental rights has been released for stakeholder consultation. The 4th meeting of the AER Working Group, which was held in Jakarta from May 6–8, 2024, resulted in revisions to the consultation draft. The title is now the draft ASEAN declaration on the right to a safe, clean, [healthy] and sustainable environment.
To facilitate stakeholder consultations, the Asian Research Institute for Environmental Law (ARIEL) has established this website with background information and a submissions portal. ARIEL manages this website to promote stakeholder consultation. ARIEL has used publicly available materials from the AICHR and ASEAN websites and the Observatory on Environmental Rights.
Background Materials
Located in this section are many of the background materials on which the development of the ASEAN environmental rights framework is based. These include the ASEAN Human Rights Declaration, the Aarhus Agrement and the Escazu Declaration.
Asia-Pacific Environmental Rights Observatory
An Observatory on Environmental Rights has been created to assist in the discussion on environmental rights in the Asia-Pacific. This website contains information about the draft ASEAN declaration on environmental rights and how to submit a comment or submission to the Working Group. Alternatively, you may make a submission on the draft declaration using the link about or below. Submissions made through this website will be managed by ARIEL and will be presented to the Working Group prior to the next meeting In May 2024.
To join the mailing list for regular updates on the ASEAN environmental rights framework project, please scan the QR code and fill in the form. The mailing list is managed by ARIEL.
Contact
Feel free to contact us with any questions.
Email
Matthew@arielaw.asia