The mandate of the UN Special Rapporteur on Environmental Defenders is established under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). The Aarhus Convention is an international instrument on environmental democracy, open for accession to any UN Member State. There are currently 47 Parties, including 46 States and the European Union.

In October 2021, the Meeting of the Parties to the Aarhus Convention adopted, by consensus, Decision VII/9 establishing a rapid response mechanism in the form of a Special Rapporteur on Environmental Defenders to deal with cases related to article 3(8) of the Convention. Article 3(8) imposes a legally binding obligation on Aarhus Parties to ensure that environmental defenders are not penalized, persecuted or harassed for exercising their rights under the Convention.

The role of the Special Rapporteur is to take measures to protect environmental defenders experiencing (or at imminent threat of experiencing) such persecution, penalization or harassment. It is the first mechanism specifically safeguarding environmental defenders to be established within a legally binding framework either under the UN system or other intergovernmental structure.

Within the territory of Aarhus Parties, the Special Rapporteur can deal with cases of penalization, persecution or harassment by any public or private actor. Outside this territory (for instance in Latin America, Asia-Pacific, or Africa), the Special Rapporteur can deal with cases of penalization, persecution or harassment by a State entity or a State-owned company of an Aarhus Party; or by private companies headquartered in an Aarhus Party.

Anyone can submit a complaint to the Special Rapporteur, either on their own behalf or on behalf of a victim. There is a complaint form available on the Special Rapporteur’s webpage, which must be submitted, together with any supporting evidence, in order to refer the matter to the mandate.

The Special Rapporteur is elected for a term of four years, spanning over the inter-sessional period between two Meetings of the Parties to the Aarhus Convention, and is eligible for re-election once.