Activities of Michèle RIVASI related to 2020/2134(INI)
Shadow opinions (1)
OPINION on the effects of climate change on human rights and the role of environmental defenders on this matter
Amendments (11)
Amendment 6 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that developing countries are the most exposed to climate change, and that their human rights activists and environmental defenders are particularly subjected to threats, repression and judicial persecution for defending their land, heritage and environment from the consequences of the exploitation of natural resources; highlights that while attacks and threats happen everywhere in the world, the UN Special Rapporteur on human rights defenders outlines that it is particularly dramatic in Latin America and Asia where many international investors, companies and local governments ignore the legitimate concerns of the population; stresses that a number of environmental conflicts could be avoided by prior consultation and active participation of local communities, indigenous peoples and environmental activists;
Amendment 11 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the continuing destruction and degradation of biodiversity will undermine the enjoyment of a wide range of human rights; deplores that States have utterly failed to meet the aim of reducing the rate of biodiversity loss; recalls that the harmful effects of ecosystem degradation are being borne disproportionately by the poor and are sometimes the principal factor causing poverty and social conflicts; reiterates the duty of the States to effectively address the drivers of biodiversity loss, including by mainstreaming obligations of conservation and sustainable use of resources into broader development policies; more broadly, emphasises that States have obligations not only to protect environmental defenders, but also to protect the ecosystems on which the human rights of so many people depend;
Amendment 14 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Union and the Member States to support, at the next UN General Assembly, the global recognition of the right to a safe, clean, healthy and sustainable environment;
Amendment 17 #
Draft opinion
Paragraph 2
Paragraph 2
2. Is deeply concerned about the increased criminalisation and persecution of environmental activists in developing countries by governments and multinational companies that are investing in the exploitation of natural, non- renewable resources, thus contributing to deforestation, loss of biodiversity and human rights violations, mostly affecting indigenous peoples; and local communities; in this respect, reminds that they play a vital role for sustainable management of natural resources and conservation of biodiversity, while the lack of recognition of their customary land rights generates risks of landgrabbing, thereby jeopardising their livelihoods and their ability to respond to climate change or biodiversity loss; calls the EU to put an end to conservation projects which evict indigenous peoples from their homelands; recommends that EU Member States which have not done so to ratify International Labour Organisation Convention 169 on Indigenous and tribal peoples; in particular, urges the EU and its partner countries to recognise and protect indigenous people’s rights to customary ownership and control of their lands and natural resources as set out in the UNDRIP and ILO Convention 169 and to comply with the principle of Free, Prior and Informed consent, i.e. by enabling collective registration of land;
Amendment 24 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to secure the independence of impact assessment studies prior to the conclusion of trade and cooperation agreements and the implementation of development projects, with a specific focus on measuring and preventing their effects on the rights of local populations; insists that the impact assessment be conducted with the significant participation of civil society and local communities and that the findings are duly be taken into account in economic agreements and development projects; calls on the Commission to reassess the execution of projects in the event of human rights violations;
Amendment 36 #
3. Believes that in the next few years climate change will create more environmental migrants from developing countries, and that in order to better protect their human rights, environmental refugee status needs international recognition; welcomes, in this respect, the landmark decision of the UN Human Rights Committee in the case of Teitiota v. New Zealand recognising that that people fleeing climate-related and natural disasters have a valid claim for international protection under the International Covenant on Civil and Political Rights; urges the Commission and the Member States to take stock of this ruling and take all the necessary measures to ensure full protection of environmentally displaced persons under EU law and to provide appropriate asylum for climate refugees, while creating channels for safe and regular migration; in particular, proposes that a climate pass is issued to persons coming from a country, territory or island which will be inhabitable due to climate change as a way to offer protection from vulnerability and statelessness and that change in the environment due to climate change be added as one of the eligibility criteria for humanitarian protection; calls on the Commission and Member States to put forward such solutions in international fora, in parallel to other EU initiatives; recalls that ODA must keep its purposes of eradicating poverty, reducing inequality, meeting humanitarian needs and respect human rights, never be conditional on migration control;
Amendment 52 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deems that the introduction of binding EU legislation on binding and mandatory business due diligence can help improve the defence of human rights and compliance with environmental standards in the fight against climate change in developing countries; calls on the Commission to continue working towards the approval of the UN binding treaty for transnational corporations on human rightsin particular, reiterates that EU investment and trade agreements should include binding and enforceable provisions to address climate change, deforestation, biodiversity loss and the protection of the rights of indigenous peoples and local communities, through an effective monitoring and sanctions mechanism; calls on the Commission to continue working towards the approval of the UN binding treaty for transnational corporations on human rights, which ensures access to justice for victims of human rights violations and provide mechanisms for redress and accountability for the communities affected;
Amendment 56 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the Special rapporteur on the rights of indigenous peoples indicated, in its 2017 report, to have received an increasing number of allegations concerning situations where climate change mitigation projects have negatively affected the rights of indigenous peoples, notably renewable energy projects such as biofuel production and the construction of hydroelectric dam; recalls the EU’s commitment to follow a Rights-Based Approach (RBA) to development, on this line, urges partner countries to adopt measures to effectively engage indigenous peoples in climate change adaptation and mitigation measures and to provide, to this effect, technical and financial assistance that directly reaches indigenous peoples to support self-government, territorial control and management;
Amendment 58 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that the Special Rapporteur on the rights of indigenous people has identified the extractive industries as a main source of conflict and violence on indigenous peoples’ territories; stresses that frameworks such as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) can help to provide legal certainty; accordingly, urges the EU to make the effective implementation of these guidelines a pre-condition of investment in the remit of the European External Investment Plan;
Amendment 59 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to check carefully that the infrastructure and energy projects financed through the various development cooperation and external policy instruments, including through the European Investment Bank, do not jeopardise human rights, the Sustainable Development Goals, the objectives of the Paris agreement to combat climate change or the European Green Deal; more broadly, recalls that a rights-based approach should be operationalised and strictly applied and respected in all ODA funded projects, particularly regarding the rights of pastoralists and indigenous people, which implies to provide i.e. effective complaint and redress mechanisms, in accordance with Commission Recommendation 2013/396/EU of 11 June 2013, notably in case climate actions violate their rights;
Amendment 63 #
Draft opinion
Paragraph 6
Paragraph 6
6. Invites the Commission to do more to protect human rights defenders, environmental activists and organisations engaged in the fight against climate change and biodiversity loss in developing countries.; urges the States to recognize that defenders of biodiversity, that aim to a safe, clean, healthy and sustainable development, are also human rights defenders; in addition, calls on the EU and its Member States to examine the case for giving legal personality to nature, thereby strengthening the legal protection of the environment;