GENEVA - A group of UN human rights experts* today welcomed the adoption of the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment that took place on 26 October at the 47th ASEAN Summit held in Kuala Lumpur, Malaysia. They issued the following statement:
"This Declaration is a historic step for human rights, environmental protection and the advancement of sustainable environment in the region.
By committing to advance the right to a safe, clean, healthy, and sustainable environment for present and future generations, the ASEAN Declaration aligns with and builds on the UN General Assembly resolution adopted in July 2022 that recognised the right at the global level. The ASEAN Declaration strengthens this right by including "safe" as part of the definition of a healthy environment.
Explicit recognition of the human right to a safe, clean, healthy and sustainable environment is a fundamental step forward in addressing the triple planetary crises of climate change, biodiversity loss and toxic pollution.
We are pleased to see that the Declaration reflects vital elements, such as the implementation of environmental law, the promotion of access to information, public participation and access to justice, the provision of a safe and enabling environment to "those who defend human rights and the environment" and a call for stronger actions on behalf of non-State actors and businesses to respect the right to a healthy environment. We are, however, concerned with the use of the term "indigenous" instead of "Indigenous Peoples" as internationally recognised. We also underline that the use of "Indigenous Peoples" next to "local communities" in the Declaration should not imply that the two groups enjoy the same rights under international law.
The ASEAN Declaration on the right to a healthy environment 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 and that international human rights law applies to climate and environmental action". This landmark opinion, requested by the UN General Assembly, should guide the implementation and interpretation of the recent ASEAN Declaration.
To support the effective implementation of the Declaration, ASEAN will develop a Regional Implementation Plan to assist ASEAN Member States and the ASEAN Secretariat in putting the Declaration into practice. The effective implementation of the Declaration will also benefit from its alignment with and reinforcement of existing norms in multilateral environmental agreements.
We have closely followed the negotiations of the Declaration, providing inputs and participating in preparatory meetings. We welcome the ASEAN Intergovernmental Commission on Human Rights' (IACHR) openness to dialogue and engagement.
We stand ready to further collaborate and exchange perspectives on how best to protect and guarantee the right to a safe, clean, healthy and sustainable environment in the region. We are prepared to provide technical support and any other assistance needed in AICHR's critical work moving forward.
The ASEAN Declaration on the human right to a safe, clean, healthy and sustainable environment has the potential to become a transformative regional instrument, guiding environmental and human rights policy across Southeast Asia through 2045 and beyond."
