https://apned.net/aer-declaration-2025-press-release/
The development of an instrument to bolster efforts towards upholding environmental rights in ASEAN is a welcome development by civil society. However, concerns have been raised during the drafting process from 2022 to 2024. The process was initiated by the ASEAN Intergovernmental Commission on Human Rights (AICHR) through the creation of a working group consisting of AICHR representatives, representatives of ASEAN sectoral bodies, environmental rights experts, and a few civil society representatives.
However, civil society organizations and grassroots environmental human rights defenders are concerned with the lack of transparency, inclusivity, and participation in the process, especially of marginalized and climate-vulnerable groups. The stakeholder engagement was brief, and suggestions from CSOs were barely included.
Due to this, civil society organizations drafted a petition, calling for strong action and engagement on the development of the AER declaration. Based on the latest update, the petition gathered 89 signatories, recording 41 ASEAN, non-ASEAN, and international organizations, and 48 individuals.
In a joint statement led by the Asian Research Institute for Environmental Law (ARIEL), Indonesian Centre for Environmental Law (ICEL), ASEAN Youth Forum (AYF), and Asia Pacific Network for Environmental Defenders (APNED), the groups urged on the following:
- Recognize and protect EHRDs. ASEAN Member States (AMS) urgently need to protect these groups who defend and promote environmental rights from threats, attacks, intimidation, criminalization, and/or lawsuits against them;
- Recognize and protect Indigenous Peoples. Ensure that this internationally recognized term is in the text, including reference to Indigenous Peoples’ right of free, prior, and informed consent (FPIC).
- Enforce the procedural elements of environmental rights. This includes strengthening procedural elements of the right of access to information, public participation, access to justice and effective remedies, protection of EHRDs, and providing a safe and enabling environment to access these rights.
- Strengthen the substantive aspects of environmental rights. Incorporating safeguards on the substantive issues of clean air and transboundary haze, pollution control and a non-toxic environment, climate change mitigation, adaptation, and resilience, healthy ecosystems and biodiversity, land degradation, desertification, and drought, water, oceans and marine environment, coastal zones.
- Ensure corporate accountability for environmental rights violations. Integrate business and human rights considerations in the regional framework to hold corporate entities accountable for environmental harm and ensure the applicability of safeguards for environmental rights at every step of the supply chain.
- Promote Environmental Impact Assessment (EIA). Enhance the role of environmental assessments, including Environmental Impact Assessment (EIA), Transboundary EIA, Environmental Health Impact Assessment (EHIA), and Strategic Environmental Assessment (SEA), as a robust framework and legal document that is transparent, accessible, and understandable for everyone.
- Recognize and commit to protecting vulnerable groups: AMS should recognise and commit to strengthening the link between environmental rights, human rights, and protection for vulnerable and marginalized groups, including but not limited to women, children, the elderly, Indigenous Peoples, local communities, persons with disabilities, gender and sexually diverse communities, etc.
- Emphasize a human rights approach in the implementation of environmental rights: AMS should integrate human rights approaches to achieve a comprehensive implementation of environmental rights.
- Promote transboundary, cross-pillar, and multi-stakeholder cooperation.
The joint statement was handed to His Excellency Edmund Bon Tai Soon, Chair of ASEAN Intergovernmental Commission on Human Rights (AICHR) during the forum. The draft of the ASEAN Environmental Rights Declaration remains under negotiation. His excellency remains optimistic that the Declaration will be formally adopted in 2025 with Malaysia’s chairmanship.
Max Han from Youths United for Earth (YUFE) and ASEAN Youth Forum stressed the importance of urgency and inclusivity in developing the declaration. “ASEAN must no longer delay. We call on Member States to urgently adopt a people-centric Environmental Rights Declaration that protects Indigenous Peoples by explicitly recognizing their right to free, prior, and informed consent (FPIC), enforces procedural rights like access to justice and public participation, and strengthens substantive protections for clean air, healthy ecosystems, and climate resilience. Environmental rights mean nothing without enforcement, equity, and accountability from both corporation and state-level. If ASEAN is to truly honor this year’s theme of inclusivity and sustainability, we need to act now for present and future generations,” Han expressed.
Fithriyyah, a former member of the ASEAN Environmental Rights Working Group (AER WG), emphasizes her hope for the adoption of the ASEAN Declaration on the rights to a safe, clean, healthy, and sustainable environment. “I hope to see a real commitment from our leaders in the region. Our environmental rights are non-negotiable, and this declaration should be a strong foundation for future environmental rights policies in Southeast Asia.”
Rocky Guzman of the Asian Research Institute for Environmental Law and former member of the AER WG highlighted the importance of a strong declaration to address problems on the ground. “We urgently need a strong environmental rights framework that will pave the way for the prevention of environmental abuses, and which recognize the crucial role of environmental human rights defenders, indigenous peoples and local communities in environmental protection. We call on ASEAN member states to commit to a robust ASEAN Declaration. This is an important first step to enhance access to information, public participation on environmental matters as well as access to justice for environmental harms experienced by communities across ASEAN countries, providing the necessary protections to vulnerable and marginalized groups.”
“While the ASEAN environmental rights declaration was being developed, there were at least 34 land and environmental defenders killed in Southeast Asia from 2022 to 2023, according to Global Witness. We need to take action now. We call on ASEAN member States to recognize environmental human rights defenders by using the internationally accepted terminology and definition as well as human rights standards to protect them and to seek accountability for violations committed,” said Lia Mai Torres, Secretariat of the Asia Pacific Network of Environmental Defenders (APNED).
Civil society urges ASEAN Member States to adopt a strong and inclusive Environmental Rights Declaration that protects Indigenous Peoples’ right to free, prior, and informed consent (FPIC) and recognizes the crucial role of environmental human rights defenders (EHRDs). The declaration must uphold procedural rights, like access to information, public participation, and justice, and strengthen protections for clean air, healthy ecosystems, and climate resilience. We also call for stronger corporate accountability, enforceable environmental assessments, and a human rights-based approach.
Reference:
Max Han, Youths United for Earth and ASEAN Youth Forum (Malaysia), max@yufemy.com
Fithriyyah, ASEAN Youth Forum (Indonesia), fithriyyahiskandar@gmail.com
Rocky Guzman, Asian Research Institute for Environmental Law, rocky@arielaw.asia
Lia Mai Torres, Asia Pacific Network of Environmental Defenders, lia@apned.net
