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Environmental Rights Report: Human Rights and the Environment

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Environmental Rights Report: Human Rights and the Environment ENVIRONMENTAL RIGHTS REPORT HUMAN RIGHTS AND THE ENVIRONMENT MATERIALS FOR THE 61ST SESSION OF THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS GENEVA, MARCH 14 – APRIL 22, 2005 ABOUT EARTHJUSTICE Earthjustice was founded in 1971 and has consultative status with the U.N. Economic and Social Council. We are a nonprofit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations and communities. Earthjustice’s International Program uses the power of the law to protect the environment and human health worldwide. We represent public interest and community groups in international tribunals and domestic courts to hold corporations and governments responsible for environmental harm, prevent trade rules from undermining public health and environmental protections, and create strong tools for citizens to defend the right to a healthy environment. This report was prepared by Marcello Mollo Alyssa Johl J. Martin Wagner Neil Popovic Yves Lador Jo Ann Hoenninger Ehren Seybert Matthew Walters and Environmental Justice Course Participants, Whittier Law School Course Taught by Professor Hari Osofsky Earthjustice 426 17th Street Oakland, CA 94612 U.S.A. Telephone: 510-550-6700 E-mail: [email protected] Internet: www.earthjustice.org FREE REPRODUCTION RIGHTS WITH CITATION TO ORIGINAL. TABLE OF CONTENTS INTRODUCTION............................................................................................................. 1 DEVELOPMENTS........................................................................................................... 6 I. INTERNATIONAL.......................................................................................................... 6 A. U.N. Economic and Social Council ............................................................................ 8 B. U.N. Economic and Social Council Bodies................................................................ 9 1) U.N. Commission on Human Rights: 60th Session (2004) .................................... 9 2) U.N. Sub-Commission on the Promotion and Protection of Human Rights ........ 11 3) U.N. Commission on Sustainable Development................................................... 13 4) Special Rapporteur on the Right to Food.............................................................. 14 C. Office of the U.N. High Commissioner for Human Rights ...................................... 14 D. U.N. General Assembly Bodies................................................................................ 14 1) United Nations Global Environment Facility (GEF)............................................ 14 2) United Nations Environment Programme (UNEP)............................................... 15 3) U.N. Millenium Project......................................................................................... 15 E. Treaties and Treaty Bodies ....................................................................................... 16 1) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention)......................... 16 2) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal .............................................................................................. 16 3) Stockholm Convention on Persistent Organic Pollutants ..................................... 17 4) Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade ......................................... 18 5) Convention on Biological Diversity (Biodiversity Convention) .......................... 18 6) Inter-Parliamentary Union (IPU) Resolution on Biodiversity.............................. 19 7) Kyoto Protocol to the Framework Convention on Climate Change..................... 20 F. World Bank............................................................................................................... 20 1) World Bank Inspection Panel ............................................................................... 22 G. World Health Organization (WHO).......................................................................... 25 H. Organization for Economic Cooperation and Development (OECD) ...................... 26 II. REGIONAL.................................................................................................................... 27 A. European Union (EU) ............................................................................................... 27 1) Council of Ministers ............................................................................................. 27 i 2) European Commission (EC) ................................................................................. 28 3) European Court of Human Rights (Council of Europe) ....................................... 32 B. Organization of American States (OAS) .................................................................. 32 1) Inter-American Commission on Human Rights (IACHR) ................................... 33 2) Inter-American Court of Human Rights ............................................................... 34 C. North American Commission on Environmental Cooperation................................. 35 1) Alca-Iztapalapa II..................................................................................................35 2) Coal-Fired Power Plants....................................................................................... 35 3) Montreal Technoparc............................................................................................ 36 4) Quebec Automobiles............................................................................................. 36 III. DOMESTIC.................................................................................................................... 37 A. Constitutions ............................................................................................................. 37 1) Uruguay................................................................................................................. 38 2) France.................................................................................................................... 38 B. Courts........................................................................................................................ 39 1) India ...................................................................................................................... 39 2) Bangladesh............................................................................................................ 40 3) Costa Rica............................................................................................................. 41 4) Malaysia................................................................................................................ 41 5) Canada................................................................................................................... 41 6) United States......................................................................................................... 43 C. Governments............................................................................................................. 44 1) Indonesia............................................................................................................... 44 2) Iraq ........................................................................................................................ 44 3) Brazil..................................................................................................................... 45 4) Liberia................................................................................................................... 45 5) South Africa.......................................................................................................... 45 CASE STUDIES............................................................................................................ 46 IV. Africa.............................................................................................................................. 46 A. Cameroon.................................................................................................................. 46 1) Illegal Logging...................................................................................................... 46 B. Kenya ........................................................................................................................ 48 1) Mau Forest............................................................................................................ 48 C. Liberia....................................................................................................................... 49 ii 1) Industrial Logging................................................................................................. 49 D. Nigeria....................................................................................................................... 49 1) Genetically Modified Food................................................................................... 49 2) Oil in the Niger Delta...........................................................................................
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