Grassroots environmental defenders are building a variety of strategic, community-based approaches to environmental justice. Global actors can do more to support their work write Rebecca Iwerks & Ye Yinth & Otto Saki
on 14 October 2024 in Open Global Rights.
Fighting for land, environmental, and climate justice is risky. Global Witness annually reminds us of the staggering number of people who are killed for defending their land—over 2,100 since 2012. And lethality is only the tip of the iceberg, one of a multitude of violent tactics that people face when they speak up for their community. [see also: https://humanrightsdefenders.blog/2024/09/18/global-witness-2023-2024-annual-report-violent-erasure-of-land-and-environmental-defenders/]
The last few years have seen encouraging steps to respond through global and regional policy. National governments have started to make specific commitments to protect environmental rights defenders, deeming it necessary to address the climate crisis. The Escazu agreement in Latin America has explicit requirements for the state protection of environmental rights defenders. [NOTE: On 16 October 2024 civil society in the Americas has issued an urgent call to accelerate the implementation of the Plan of Action on Human Rights Defenders, of the Escazú Agreement, adopted five months ago].Just this month, the UNFCCC Supervisory Body for Article 6.4 and the UN Secretary General’s Panel on Critical Energy Transition Minerals showed how global bodies can incorporate the protection of environmental rights defenders directly into climate policy. More broadly, hundreds of organizations have pooled their efforts to end retaliation against environmental defenders through the ALLIED network.
What do we do while we wait for momentum to build and for policy to translate into practice? We can draw hope from thoughtful, strategic examples of grassroots legal empowerment. Throughout the world, legal empowerment advocates—people helping individuals and groups know, use, and shape the law with the support of community paralegals—are assisting communities in registering their land, stopping corporate pollution of their water, and negotiating fair land use deals even in the most difficult places.
Last year, we examined the experiences of environmental defenders who were able to continue their work in repressed environments, using tenets of legal empowerment to find pathways to justice in ways that reduce their risk. Here’s what we saw:
- Building community power.…
- Changing paths to remedy. …
- Building relationships with allies. …..
- Knowing, using, and shaping the law to respond to security concerns. …
How do we super-charge support for this subtle, effective protection alternative?
While grassroots justice advocates are continuing to seek remedies in tricky places, global actors can do more to support them. The primary shift that can support this type of innovative risk response is to provide flexible, unrestricted funding directly to grassroots justice advocates, whether through philanthropy or from pooled private sector funds that facilitate independent legal and technical support. Flexible funding allows the practitioners to shift their plans as pathways become riskier; it also allows them to invest in security equipment that may not clearly fit into a project-driven budget. Openness to different types of reporting can allow grassroots justice advocates to make decisions about what information is safest for them to reveal without concerns about financial security.
Secondly, those who influence global frameworks, such as the UN Sustainable Development Goals and the United Nations Framework Convention on Climate Change (UNFCCC), can do more to incorporate the security of environmental rights defenders into these frameworks. For example, the security of environmental rights defenders is integral to the access to justice encompassed by Sustainable Development Goal 16, and progress on that issue should be included in all SDG 16 reporting. Within the UNFCCC, the language protecting defenders from Article 6.4 Supervisory Body and the Secretary General’s Panel on Critical Energy Transition Minerals should be mirrored throughout climate policy frameworks and resourced during their implementation.
While the actions against environmental defenders are shocking, there are significant steps the rights community can take now to support grassroots actors moving forward.
This post was originally published on Hans Thoolen on Human Rights Defenders and their awards.