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They Protect the Forests. Who Protects Them?

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They Protect the Forests. Who Protects Them? They Protect the Forests. Who Protects Them? THE INTERSECTION OF CONSERVATION, DEVELOPMENT, AND HUMAN RIGHTS OF FOREST DEFENDERS Lessons from Kenya, Peru and Sri Lanka International Human Rights Clinic Report May 2017 International Law and Organizations Program May 2017 Dedication We dedicate this report to all individuals and collectives who put themselves at great risk to protect the world’s forests and the natural resources within them. We hope that their concerns regarding forest protection will be respectfully Tiffany Basciano heard and that they are provided the space to safely voice their opinions. As such, we call on governments, non- M.Caitlin Erskine State actors, and international institutions to respect the rights of all environmental human rights defenders. Sara L.M. Golden Furthermore, we wish to dedicate this report to those who have been killed for protecting the environment. The Goldman Environmental Prize was established to honor individuals who defend and protect their land and the Kady R. Hammer natural environment at great personal risk. We dedicate this report to Isidro Baldenegro López, second winner of the Goldman Award and indigenous activist, who was killed this year. Throughout his life, he continuously Fabio Iannuzzelli protected ancient forests through nonviolent campaigns and his legacy serves as a reminder of the immense Sarah Sebbar dangers these individuals face to protect their land. We further dedicate this report to Berta Cáceres, who was murdered in 2016, and never stopped her fight to protect her community despite ceaseless threats and intimidation. Rucheta Singh Natalie K. Thomure Anne Tousignant Miller Anahita Vasudevan Madison Wilcox This report is a project of the International Human Rights Clinic, an experiential learning course in the International Law and Organizations Program at Johns Hopkins University – The Paul H. Nitze School of International Studies (SAIS). The views expressed herein are those of the authors and do not reflect the official position of Johns Hopkins University – The Paul H. Nitze School of Advanced International Studies (SAIS) or Johns Hopkins University. This report is a project of the International Human Rights Clinic, an experiential learning course in the © Copyright 2017. International Law and Organizations Program of the Johns Hopkins University = The Paul International Law and Organizations Program at Johns Hopkins University – The Paul H. Nitze School of H. Nitze School of Advanced International Studies (SAIS). All rights reserved. Reproduction or modification International Studies (SAIS). The views expressed herein are those of the authors and do not reflect the for distribution or republication is permitted only with prior written consent of the International Law and official position of Johns Hopkins University – The Paul H. Nitze School of Advanced International Studies Organizations Program. (SAIS) or Johns Hopkins University. Contributors Tiffany Basciano M.Caitlin Erskine Sara L.M. Golden Kady R. Hammer Fabio Iannuzzelli Sarah Sebbar Rucheta Singh Natalie K. Thomure Anne Tousignant Miller Anahita Vasudevan Madison Wilcox This report is a project of the International Human Rights Clinic, an experiential learning course in the International Law and Organizations Program at Johns Hopkins University – The Paul H. Nitze School of International Studies (SAIS). The views expressed herein are those of the authors and do not reflect the official position of Johns Hopkins University – The Paul H. Nitze School of Advanced International Studies (SAIS) or Johns Hopkins University. © Copyright 2017. International Law and Organizations Program of the Johns Hopkins University = The Paul H. Nitze School of Advanced International Studies (SAIS). All rights reserved. Reproduction or modification for distribution or republication is permitted only with prior written consent of the International Law and Organizations Program. 6 | SAIS INTERNATIONAL HUMAN RIGHTS CLINIC 2017 Contents Acronyms ...................................................................................................................................... 8 Acknowledgements ....................................................................................................................... 10 Executive Summary ...................................................................................................................... 12 Methods ......................................................................................................................................... 15 Design and Sampling .................................................................................................................. 15 Sample Description ..................................................................................................................... 16 Research Limitations .................................................................................................................. 16 Terminology .................................................................................................................................. 17 Who is a Human Rights Defender? ............................................................................................ 17 PART I: Background .................................................................................................................... 19 General Challenges to Human Rights Defenders ...................................................................... 20 Environmental Human Rights Defenders under Threat .............................................................. 20 Carta de Foresta (Charter of the Forest) .................................................................................... 22 Forests, Human Rights, and Survival .............................................................. ...................... 22 Goldman Environmental Prize .................................................................................................. 24 International Human Rights Law .............................................................................................. 25 Core International Human Rights Instruments ................................................ ...................... 25 Special Procedures of the United Nations Human Rights Council ................. ...................... 29 United Nations Declaration on Human Rights Defenders (DHRD) ................ ..................... 30 Indigenous Rights ...................................................................................................................... 30 United Nations Guiding Principles on Business and Human Rights .......................................... 32 Regional Human Rights Systems ................................................................................................ 32 United Nations Economic Commission for Europe (UNECE) ......................... ...................... 37 Conclusion ...................................................................................................... ...................... 37 International Environmental Law and Development Goals ....................................................... 38 Background ..................................................................................................... ...................... 38 Non-binding Environmental Agreements ......................................................... ...................... 38 Binding Environmental Agreements ................................................................ ...................... 38 PART II: Country Case Studies .................................................................................................. 40 Kenya .......................................................................................................................................... 41 Case Study Summary ............................................................................................................. 42 Background ........................................................................................................................... 42 EHRDs in Kenya ............................................................................................. ...................... 47 Findings .......................................................................................................... ...................... 52 Analysis ................................................................................................................................. 62 Policy Recommendations ................................................................................ ...................... 62 Peru ............................................................................................................................................. 69 Case Study Summary .............................................................................................................. 70 Background ............................................................................................................................ 70 EHRDs in Peru ....................................................................................................................... 77 Findings ................................................................................................................................ 85 Analysis .................................................................................................................................. 91 Policy Recommendations ......................................................................................................
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