Human Rights Council

Environment and Human Rights: Pollution in Natural Resource Exploitation

By David Crowe

 

"If civilization is to survive, we must cultivate the science of human relationships - the ability of all peoples, of all kinds, to live together, in the same world at peace." -Franklin D. Roosevelt

 

“Washing one's hands of the conflict between the powerful and the powerless means to side with the powerful, not to be neutral.” -Paulo Freire

 

 

Committee Background

The Human Rights Committee of the United Nations was recently remodeled to represent a changing dynamic in the global system. These changes reduced the number of member from 53 to 47 in an effort to streamline negotiations for the passing of solid human rights resolutions. Each member is elected by the General Assembly through an absolute majority of 96 votes for a three year term. By holding elections through the GA, the human rights body upholds an equitable geographic representation: 13 from the African Group; 13 from the Asian Group; 6 from the Eastern European Group; 8 from the Latin American and Caribbean Group; and 7 from the Western European and Other States Group.

The body will meet in Geneva at least three times a year, including one main session, for no less than ten weeks in total. It also convenes during emergency situations or through special request by a council member, given the request has a one-third majority. Each of these mechanisms have been established in order to ensure that the transition from the old HR commission to the new HR council is smooth and without gaps. Ultimately, all of these efforts combine to ensure that human rights for all citizens are protected as per the Universal Declaration of Human Rights and the UN Charter.

For more information, visit the Human Rights Council website at:

Main Page -- http://www.ohchr.org/english/bodies/hrcouncil/

Frequently Asked Questions – http://www.un.org/News/dh/infocus/hr_council/hr_q_and_a.htm

 

Background Information

In June of 1972 the UN Conference on the Human Environment (UNCHE) met for the first time in Stockholm, Sweden. The conference looked at the impact human beings were having on the environment and how this environmental degradation was affecting the standard of living for individuals. In doing so, the conference acknowledged that:

Man has constantly to sum up experience and go on discovering, inventing, creating and advancing. In our time, man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth: dangerous levels of pollution in water, air, earth and living beings; major and undesirable disturbances to the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies, harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment. (Proclamation 3, Stockholm).

Nations must be prudent in their acquisition and usage of natural resources as either could have detrimental effects upon the environment. Stockholm acknowledges that each state has the sovereign right to utilize any natural resource that is found within its borders. (Principle 21) At the same time, states must also assure that their activities do not fundamentally harm the environment or stability of any other nation.

            Therefore, Stockholm also called for cooperation between states in developing policies that would foster economic and social growth without detriment to the environment. In doing so, states could also work hand-in-hand to improve the standard of living for all citizens in an attempt to uphold their fundamental right to life, liberty and security of person. The largest challenge for many states will be to accept the burden and costs associated with adopting environmental measures. Delegates in Stockholm acknowledged this challenge and proposed that states further cooperate to shares these costs in order to enhance shared abilities and human rights for all citizens. In sum, the declaration upheld that basic human rights could only be protected in an environment that was stable and healthy. It was up to governments to protect all of its resources and utilize co-operative programs to better the human environment.

            In June 1992, the UNCHE met again in Rio de Janeiro, Brazil to revisit some of the points and concerns raised at Stockholm. Crucial to this meeting was the understanding that the sustainability and health of our planet is founded on an interdependent relationship: humans are dependent on the Earth; the Earth is dependent on humans. It was through this understanding that the Rio Declaration embarked to fulfill the entitlement to humans for a healthy and productive life that was in harmony with nature. (Principle One) However, the declaration also acknowledged that since Stockholm, international agreements failed to produce solid cooperative efforts between nations. Therefore, Rio surpassed this original goal of national cooperation and called upon local governments and even the people to take a stance. By doing so, all interested parties could be mobilized, creating internal pressures to force state action.

            Yet again it was acknowledged that states have the sovereign right to utilize and natural resources found within its borders. However, Rio called upon states to enact environmental regulations that did not hamper present development but fostered the sustainability of the nation and its resources. By doing so, a state could assure that the human rights of every citizen was being protected and even enhanced through economic, social, and environmental protection. As a result, Rio worked to encourage states to “…reduce and eliminate unsustainable patterns of

production and consumption and promote appropriate demographic policies.” (Principle 8) Major problems began to arise around this ideal as weak states felt that they were being forced to curb development in favour of environmental protection. Furthermore, these states were also upset that developed nations had not felt pressures like these during their rise to wealth.

            To combat these issues, the Declaration worked to develop the possibility for developing states to work with developed nations to reduce emissions together. This would allow developing states to continue utilizing resources needed to enhance economies while the developed nations made concessions to aide the process. The other key issue that hindered protection of resource and the environment remained within nations torn by conflict and oppression. For this reason, Principle 23 called for special protectionary measure to be adopted within these conflicted regions to protect the environment and protect the human rights of each individual. However, as will be illustrated within the case studies, this has failed to occur, leaving both the environment and the people subject to tireless abuse.

 

For Further Information on both Stockholm and Rio, visit the following links:

Stockholm -- http://www.unep.org/Documents.multilingual/Default.asp?DocumentID=97&ArticleID=1503&l=en

Rio -- http://sedac.ciesin.org/entri/texts/rio.declaration.1992.html

 

Case Studies

 

Water

            Much debate has raged around the issue of water scarcity and its effects on internal economies and the human environment. Optimists believe that water will remain plentiful despite the warning that as human demand increases, the water supply remains constant. This will inevitably place large strain on available resources. Further exacerbating this strain will be claims made by neighboring states regarding sovereignty over the resources. As illustrated in both Rio and Stockholm, states have the ability to capture and utilize any resource within its demarcated borders. How are borders upheld in the middle of a lake? Or a river?

            One of the first incidences of water related tensions occurred within China’s Yellow River Basin. The government introduced a plan to capture run off from a local reservoir in order to supply urban centres with fresh water. However, farmers in the basin had long relied on the run off from the reservoir to nourish their crops and sustain them through ongoing drought. The strain felt by farmers was made worse by the Yellow River’s dry spells lengthened steadily with increased demands. By 1997, there were 227 dry days within the basin. Farmers had no choice but to revolt against the governments plan and held rallies, chanting “give us our water.” Rural areas are generally overlooked in favour of economically sound urban centers. This example provide an illustration of how the increasing Asian population, approximately 60% of the world population, only has access to less than 40% of the fresh water. As a result, constant drainage and utilization of this resource has led ground water supplies to be depleted by 10-20%. With conditions continually worsening, the impact will eventually lead to civil wars and wars between neighboring nations.

            In other areas of the world, the issue is not over sustainability of crops but that of fresh water and sanitation. The World Health Organization has acknowledged that approximately one-sixth of the global population lacks access to improved water sources, while another 40% lack sanitation services. Any region that lacks sanitation systems risks continual pollution of waterways. Without these services to protect citizens and provide clean water, the fundamental human rights of these citizens are constantly being overlooked. No person can have a standard of life that provides security and liberty in an area that is constantly infected with disease and without fresh water to nurture its people. This has been especially problematic in areas of African where wealthy elites have captured resources for their own use. The Coalition for Justice noted that “The predominant root of conflict in Sudan is the instability that results from the systemic abuse of the rural (and recently urbanized) poor at the hands of the economic and political elites of central Sudan."

 

 

Oil and Natural Gas

            The demand for crude oil continues to grow exponentially. Revenues from the sale of oil into the international system filter into the states through government expenditure. In areas such as the United Arab Emirates, the financial success of the state is visible on all levels. The government continuously works to improve the standard of living for all citizens through infrastructure, low taxation, and the highest protection of human rights. However, the success from the oil boom has not been felt in all areas of the world. Corrupt governments and bureaucracy funnel money into their own hands in order to assure an affluent lifestyle. The poorest citizens of these oil rich areas never reap the benefits while living in squalor without protection of their rights.

            One of the most blatant cases of this mismanagement of oil profits has been within sub-Saharan Africa. Within Equatorial Guinea, an investigator noted that no significant changes could be seen prior to and after the oil boom. The tiny nation of only 465,000 people produces, on average, 350,000 barrels of oil a day which makes it the third largest African producer. Since the discovery of oil within the nation, the average GDP has risen by 76%. Despite this growth and prosperity, 70% of the citizens remain below the poverty line, with no access to clean water, sanitation, and at time, are struck with period of extreme famine. With each rise in oil prices, the continued corruption with the nation’s government becomes apparent as over $4 billion dollars a year disappears from the government’s budget. In the end, citizens remain unprotected as their resources are utilized while their environment remains abused, leaving them subject to disease and certain death.

            In the Niger Delta, oil companies have left areas of land uncultivable for crops due to frequent oil spills, leakages, gas flares, or other accidents near refineries. Yet, these same corporations are not held responsible for the harmful affects upon the environment. Individual citizens are directly affected as their lands are given to these corporations for usage in oil production by the wealthy elites. It is these same elites that stand to gain the most from the sale of oil on the international markets. At the same time, these same corporations have adopted the principle of “divide and rule” as they tend to support one side in any domestic dispute in order to overthrow traditional governance structures. In the end, the corporation and the Federal government stand to gain from the conquering of lands as the $400 billion a year profits are shared between the oil companies and federal government. Individual citizens not only lose their land but receive none of the profits, living on less that $1 a day. This barely provides citizens with the basic necessities of life and leaves them with little to no protection for their rights. All of the present corruption and embezzlement, as noted by General Muhammadu Buhari, has “…eaten away at our industries and society generally.” No major changes have occurred despite demands by non-governmental organizations for corporations to publish what they pay and who they pay it to. Until this day, kidnappings of oil workers, destruction of pipelines and outright rebellion by the people has led to further environmental degradation. Ultimately, the people have resorted to standing up for their own rights and freedoms as individuals within a society of outright corruption.

 

Recent UN Action

            The United Nations Millennium Development Goals (MDG) adopted in 2000 outlined six fundamental issues within the global community that needed to be directly addressed in order to improve the lives of citizens everywhere. These six points are as follows:

 

• Freedom - Men and women have the right to live their lives and raise their children in dignity, free from hunger and from the fear of violence, oppression or injustice. Democratic and participatory governance based on the will of the people best assures these rights.

• Equality - No individual and no nation must be denied the opportunity to benefit from  development. The equal rights and opportunities of women and men must be assured.

• Solidarity - Global challenges must be managed in a way that distributes the costs and burdens fairly in accordance with basic principles of equity and social justice. Those who suffer or who benefit least deserve help from those who benefit most.

• Tolerance - Human beings must respect one other, in all their diversity of belief, culture and language. Differences within and between societies should be neither feared nor repressed, but cherished as a precious asset of humanity. A culture of peace and dialogue among all civilizations should be actively promoted.

• Respect for nature - Prudence must be shown in the management of all living species and natural resources, in accordance with the precepts of sustainable development. Only in this way can the immeasurable riches provided to us by nature be preserved and passed on to our descendants. The current unsustainable patterns of production and consumption must be changed in the interest of our future welfare and that of our descendants.

• Shared responsibility - Responsibility for managing worldwide economic and social development, as well as threats to international peace and security, must be shared among the nations of the world and should be exercised multilaterally. As the most universal and most representative organization in the world, the United Nations must play the central role.

 

These six points are taken directly from the MDGs as they outline how the UN intends to approach all pertinent issues within the community. Most importantly, these goals are working to assure that no individual, corporation, or government is above the rule of law. This upholds that all individuals are equal under international law regardless of wealth or financial ability.

            As for human rights and the environment, the MDGs reaffirm many of the points from the Stockholm and Rio Declarations. Furthermore, the goals acknowledge the importance of Article 21 from the Rio Declaration: “We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being.” Human beings must recognize that if future generations are going to prosper on the planet that steps need to be taken now to prevent the complete destruction of the environment. The only way to do this is to increase investment into human capital through development of infrastructure programs and the upholding of fundamental rights for all.

            During the 51^st session of the human rights commission, a special rapporteur renewed attention toward the harmful effects of toxic waste on the environment. More importantly, the report focused on the dumping of these wastes in areas of Africa by transnational corporations. The livelihoods and rights of the citizens anywhere near these areas were adversely affected as fragile ecosystems and lands were ruined. At this time, the rapporteur’s mandate was extended for three years to continue the investigation and reporting of waste dumping. Hopes were that these reports with highlight which nations and/or corporations were directly responsible for the pollution so that reparations could be collected. Monitoring continues and corporations are sought out to correct previous environmental effects (as best as possible) and to altogether halt the dumping of toxic materials.

 

Questions that need to be addressed

• Can a nation develop while protecting the environment?
• Can international organizations, whose members are countries alone, monitor and punish international corporations?
• Does greed for resources and money override the environment and human rights?
• If development challenges environmental protection yet enhances human rights, which should be the priority?

 

Bloc Positions

 

Latin America – Many Latin American nations have been opposed to strict environmental regulations as they feel that their developmental goals are compromised. The Northern nations were allowed to develop freely without any challenge to their abilities regardless of the detrimental environmental effects. Within debates, this has proven to be one of the biggest challenges to any international agreement. By joining together, these small, less-developed states have actually been able to override and change negotiated agreements. Power lies in the sheer number of states and their desires to develop both economically and socially.

 

North America/Europe – These two are placed together due to the relative size and economic strength. North American nations, specifically the United States, have long worked against environmental regulations that halt their ability to use oil and coal for power. Both of these resources have been found to enhance greenhouse gas emissions which adversely affect the environment. The European Union has worked actively as a cohesive body to implement environmental policies within every nation. Goals are targets must be met by each nation in order to avoid fines by the supranational body. The EU has also adopted a Charter of Fundamental Rights, based largely on the UDHR, which all member nations must implement. This was a huge step for human rights as many nations, including the United Kingdom, did not have Bills of rights before this point.

 

Middle East – As a result of the oil boom, many of these nations have experienced rapid growth in their economies and populations. Natural resource exploitation has actually benefited these nations as the governments share the wealth and allow their people to enhance their standards of living. However, immense strain has been placed on available resources as the demand for fresh water rises. Therefore, nations have adopted systems of desalinating oceanic waters in order to utilize them for crops, sanitation, and drinking water. This places strain on the ocean ecosystems and presents a new challenge: does the protecting of human rights override environmental protection?

 

Research Tips/Links

United Nations – www.un.org – information regarding environmental issues and human rights issues can be found here through the various links. It is suggested that first-time delegates utilize this website to gain insight into the UN system and how each committee works.

 

Google – www.google.ca – this well known search engine will provide you with various links to human rights, environmental and UN websites and resolutions. Just be assured that the research fits into the given topic, as much junk can result from a Google search.

 

Human Rights Watch – www.hrw.org – one of the most important human rights organizations that works to uphold rights by challenging corrupt governments. They also produce reports on a regular basis about problem situations throughout the global environment.

 

            For all delegates, please remember that the purpose of this council is to protect and uphold the fundamental rights of all citizens, in accordance with the Universal Declaration of Human Rights. Despite this topic being fairly encompassing, the focus needs to revolve around how to resolve environmental issues that threaten the right to life, liberty and security of person. The human environment is the only home that we as a species have therefore every step needs to take to assure sustainability and the safety of future generations.

 

Resources

Agenda 21, Rio Earth Summit - http://habitat.igc.org/agenda21/a21-01.htm

Bernstein, Stephen. The Compromise of Liberal Environmentalism. New York: Columbia University  Press, 2001.

Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration) - http://www.unep.org/Documents.multilingual/Default.asp?DocumentID=97&ArticleID=1503&l=en

European Union: Declaration of Fundamental Rights and Freedoms - http://www.ec.europa.eu/justice_home/unit/charte/en/charter-freedoms.html

Global Policy Forum: Water in Conflict - http://www.globalpolicy.org/security/natres/waterindex.htm

Global Policy Forum: Oil in Conflict - http://www.globalpolicy.org/security/natres/oilindex.htm

Q & A on the Human Rights Council - http://www.un.org/News/dh/infocus/hr_council/hr_q_and_a.htm

Universal Declaration of Human Rights (UDHR) - http://www.udhr.org/UDHR/default.htm

 

 

“We never know the worth of water till the well is dry.”

-Thomas Fuller, Gnomologia, 1732

 

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“We abuse land because we regard it as a commodity belonging to us.  When we see land as a community to which we belong, we may begin to use it with love and respect.”

        -Aldo Leopold, A Sand County Almanac

 

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The earth we abuse and the living things we kill will, in the end, take their revenge; for in exploiting their presence we are diminishing our future.

   -Marya Mannes, More in Anger, 1958