Human rights need to be at the core of the post 2020 Global Biodiversity Framework
According to the UN, the human rights-based approach (HRBA) is a conceptual framework for the process of human development that is normatively based on international human rights standards and operationally directed to promoting and protecting human rights. It seeks to analyse inequalities which lie at the heart of development problems and redress discriminatory practices and unjust distributions of power that impede development progress and often result in groups of people being left behind.
Under the HRBA - in accordance with obligations established by international law- biodiversity policies, governance and management cannot violate human rights and those implementing such policies actively seek ways to support and promote human rights in their design and implementation. It is important to highlight that there are duty-bearers and rights-holders, with different responsibilities and obligations. States hold specific duties under international law as duty-bearers, but non-state actors, including civil society organisations and business, hold obligations and duties as well.
The HRBA is a critical matter that needs to be at the heart of the GBF. It is not an option but an obligation, as stated by the UN Special Rapporteur on human rights and the environment, because of the international human rights commitments made by all States. The post 2020 GBF needs to expressly recognise that biodiversity degradation and loss undermines people's ability to enjoy many human rights, especially those in situations of vulnerability. Full respect of human rights favours biodiversity action, while non compliance with these rights undermines its impact.
Embedding the rights of indigenous peoples and local communities (IPLCs), women and girls, youth and children, the next generations, people with disabilities and diverse gender identities, including the right to a clean, safe and sustainable environment, can ensure the effective implementation of the GBF and address the intertwined world crises of biodiversity loss, climate change, pollution and inequality. The right to a healthy and safe environment, has been recently recognised as a human right by the UN Human Rights Council and hence should be clearly reflected in all environmental conventions.
Conservation, sustainable use and restoration of biodiversity must guarantee the rights and cultures of IPLCs, their rights to land, waters, territories and resources, free prior and informed consent, access and benefit sharing, and their traditional knowledge. References to full respect for these rights, especially FPIC, are of particular importance in Targets 1, 3 8, 15 and 21, among others.
People around the world are killed and subject to harassment and attacks for protecting nature and the rights of their communities, and they also have severe limitations to access to information, justice and participation. The CBD cannot be blind to this. We cannot protect biodiversity if we do not protect human rights defenders in environmental matters.
Women's rights are human rights. The realisation of a truly gender-transformative post 2020 GBF requires a gender-specific target. This would anchor gender equality in all biodiversity-related planning, policies and implementation. Disaggregated data across targets and indicators is also needed to ensure more accountability in the implementation of the framework. An intergenerational approach is also required to ensure the rights of youth and children and future generations, ensuring transformative education and their full engagement in the design and implementation of the post 2020 GBF.
Finally, applying a human-rights based approach in the GBF is not just about integrating it in goals and targets. Review, reporting, and monitoring constitute critical elements of the framework. In addition, it is imperative that all commitments to tackle the reigning crisis include discussions on halting direct drivers of biodiversity loss, including by eliminating perverse incentives and subsidies as well as projects that are harmful for biodiversity and that negatively impact human rights.This would imply government regulation on business, ensuring transparency, liability and redress, and that environmental assessments include cultural, gender and human rights impacts, and safeguards.
References:
UNSDG, Human Rights-Based Approach.
FoEI and others, How to achieve a successful Global Biodiversity Framework.
FPP and others, Human Rights in the post-2020 Global Biodiversity Framework and Implementing a human rights-based approach.
By Ana Di Pangracio, FARN
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