The Indigenous World 2025: UN Special Rapporteur on Environmental Defenders under the Aarhus Convention

Written on 25 April 2025. Posted in UN Special Rapporteur on Environmental Defenders

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).^[1] 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.^[2]

In October 2021, the Meeting of the Parties to the Aarhus Convention adopted, by consensus, Decision VII/9^[3] 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.^[4]

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.

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

On 24 June 2022, Michel Forst was elected, by consensus, as the first Special Rapporteur on Environmental Defenders (hereafter, Special Rapporteur) at the third extraordinary session of the Meeting of the Parties to the Aarhus Convention. His current term runs until the next Meeting of the Parties, scheduled to take place from 17-20 November 2025. In 2024, the Special Rapporteur conducted various activities aimed at strengthening the protection of environmental defenders. He engaged in numerous protection and prevention activities, including dealing with complaints; conducting thematic work on environmental protests and civil disobedience; organizing consultations with environmental defenders; undertaking visits to several Aarhus Parties; participating in international events; and providing inputs to relevant legislative and policy frameworks.

Complaints

The Special Rapporteur can receive complaints on alleged violations of article 3(8) of the Aarhus Convention. Any member of the public can submit a complaint to the Special Rapporteur, either on their own behalf, or on behalf of a victim with their consent. The submission of a complaint is confidential, and complainants are not required to have exhausted domestic remedies before submitting a complaint. Dealing with these complaints constitutes the core work of the rapid response mechanism and therefore of the Special Rapporteur's mandate.

Between 1 January and 31 December 2024, the Special Rapporteur received 55 complaints. As of 31 December 2024, 16 of the 75 complaints that the Special Rapporteur had received since his election were publicly accessible on his webpage.^[5] These 16 complaints highlight various challenges, threats and attacks that environmental defenders face in their efforts to promote a clean, healthy and sustainable environment, including:

• Verbal and physical threats and attacks, online and offline intimidation and other forms of harassment by private individuals, companies, or the authorities, including dismissal from employment.
• Disproportionate use of force by law enforcement, civil and criminal proceedings, sometimes amounting to strategic lawsuits against public participation (SLAPPs), arrests, strict bail conditions, and imprisonment.

These various forms of penalization, persecution or harassment resulted from various efforts by environmental defenders to protect the environment, including organization of or participation in environmental protests and civil disobedience;^[6] advocacy and awareness raising;^[7] strategic litigation;^[8] or journalism.^[9]

The Special Rapporteur has various diplomatic, legal, and media tools at his disposal to offer protection to the environmental defenders that are the object of the complaints he receives. The tools he uses depend on the particular situation. Each complaint is considered on a case-by-case basis. However, as a general rule, the first step in dealing with a complaint is for the Special Rapporteur to send a letter of allegation to the government and/or company concerned by the allegations.

In 2024, the Special Rapporteur carried out various activities in the context of complaints’ follow-up, in addition to his engagement with Parties and his letters of allegations. This included, for instance, visits, observation of/participation in trials, or public statements. For example:

• On 22-23 February 2024, the Special Rapporteur went to the Tarn region of France to observe, gather information and engage with civil society representatives and the authorities, in the context of protests against the construction of the A69 highway. Following his visit, he released a public statement^[10] regarding the worrying situation on the ground and requested that the French authorities take immediate measures to protect environmental defenders.
• On 4-5 July 2024, the Special Rapporteur travelled to London to observe the trial of an environmental defender who faced up to 10 years in prison for “conspiracy to cause a public nuisance” because of his involvement in a Zoom meeting that was discussing the organization of a peaceful environmental protest. The Special Rapporteur issued two statements: first, to express his concerns regarding the criminal prosecution of this environmental defender ahead of the trial,^[11] and, second, following conviction, to strongly condemn the four-year prison sentence imposed on him.^[12]
• On 31 October 2024, the Special Rapporteur issued a statement^[13] expressing his serious concerns regarding the criminal prosecution and lengthy pre-trial detention of an environmental defender in Azerbaijan and requesting the possibility of visiting him in prison, on the occasion of a visit to Baku for the 29^th Conference of the Parties (COP29) to the UN Framework Convention on Climate Change (UNFCCC).

Position Paper on State repression of environmental protest and civil disobedience

On 28 February 2024, the Special Rapporteur released a position paper on State repression of environmental protest and civil disobedience: a major threat to human rights and democracy.^[14] The position paper provides an overview of the Special Rapporteur’s observations on the trend towards repression and criminalization of peaceful environmental protest and civil disobedience, particularly used by young environmental activists, identified during his visits to various European countries that are Parties to the Aarhus Convention. The position paper explains that this trend spans at least four dimensions: the media and political discourse, legislation and policy, law enforcement, and the courts, and provides a snapshot of the main issues for each of these dimensions, illustrated by examples drawn from various countries. The position paper concludes with calls for action to States to address the root causes of environmental mobilization and to call for fundamental change in how they respond to environmental protest and civil disobedience.

Regional consultations

In 2024, the Special Rapporteur held four regional consultations with environmental defenders, forming part of a series of consultations that he is conducting in various regions. The main objectives of these consultations are to raise awareness of the mandate of the Special Rapporteur to ensure that it is known by those who may need its protection, to inform the work of the Special Rapporteur by identifying and discussing key threats, challenges and priority protection concerns for environmental defenders, and to enhance the dialogue between the Special Rapporteur and environmental defenders. In 2024, these consultations took place in Almaty, with environmental defenders from Central Asia (March 2024); in Belgrade with environmental defenders from Eastern and South-Eastern Europe and the Caucasus (May 2024); in Lomé with environmental defenders from Western and Central Africa (September 2024); and in Bogotá with environmental defenders from Latin America and the Caribbean (September 2024).

Country visits

From 5-9 February 2024, the Special Rapporteur conducted his first official country visit, to Cyprus, at the invitation of the Minister of Agriculture, Rural Development and Environment. ^[15] During his visit, the Special Rapporteur met with Ministers, senior government officials, members of Parliament, and environmental defenders, including NGOs, grassroot organizations, activists, and journalists, to raise awareness of his mandate and discuss the challenges faced by environmental defenders in Cyprus.

In addition to this official country visit, the Special Rapporteur travelled to several countries at the invitation of NGOs, universities, and other civil society actors, in order to meet with environmental defenders. This included Belgium, Brazil, France, Romania, Slovakia, Switzerland, and the United Kingdom. On these occasions, and whenever possible, the Special Rapporteur also met with government representatives of these countries to raise awareness of his mandate and to discuss the challenges faced by environmental defenders.

International events

In addition to his country visits, the Special Rapporteur also participated in several international forums in 2024, including New York Climate Week in September; the 16^th Conference of the Parties to the Convention on Biological Diversity (CBD COP16) in Cali (Colombia) in October; and the 29^th Conference of the Parties to the UNFCCC (COP 29) in Baku in November.

During these events, the Special Rapporteur devoted his efforts to promoting the safe participation of environmental defenders in international forums related to the environment, including through his engagement with various stakeholders and his participation in multiple public events. Prior to COP29, the Special Rapporteur, along with international and regional human rights experts, issued a joint statement^[16] urging States, particularly Azerbaijan, as the host of COP29, to demonstrate leadership in protecting environmental defenders and ensuring their safe participation in the conference.

Inputs to relevant policy frameworks

As part of the prevention component of his mandate, and with a view to contributing to the strengthening of the legal recognition and protection of environmental defenders, the Special Rapporteur provided inputs to several relevant policy frameworks in 2024. In February, the Special Rapporteur issued a statement^[17] supporting the adoption of the European Union Corporate Sustainability Due Diligence Directive (CSDDD), following inputs he had provided earlier to the draft text.^[18] In May, the Special Rapporteur provided his inputs to the proposed Council of Europe Framework Convention on Artificial Intelligence and human rights, democracy and the rule of law, in a statement^[19] urging Member States to take into account four key points to strengthen safeguards for the protection of the environment and environmental defenders in the draft text. Finally, the Special Rapporteur contributed to the drafting of, and endorsed, the Core Human Rights Principles for Private Conservation Organizations and Funders,^[20] launched in December 2024.

Michel Forst, UN Special Rapporteur on Environmental Defenders under the Aarhus Convention. Email: This email address is being protected from spambots. You need JavaScript enabled to view it. Website: https://unece.org/env/pp/aarhus-convention/special-rapporteur

This article is part of the 39^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

Notes and references

^[1] United Nations Economic Commission for Europe, Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention). 25 June 1998. https://unece.org/environment-policy/public-participation/aarhus-convention/text

^[2] United Nations Economic Commission for Europe. Aarhus Convention status of ratification. https://unece.org/environment-policy/public-participation/aarhus-convention/status-ratification

^[3] Meeting of the Parties to the Aarhus Convention, Decision VII/9 on the Establishment of a Rapid Response Mechanism to Deal with Cases Related to Article 3(8) of the Convention. https://unece.org/environment/documents/2022/10/pp-aarhus-convention-mop7-decision-vii9-rapid-response-mechanism-deal

^[4] United Nations Economic Commission for Europe. How to Make a Complaint to the Special Rapporteur. https://unece.org/environmental-policy/public-participation/how-make-complaint-special-rapporteur.

^[5] United Nations Economic Commission for Europe. Correspondence regarding complaints to the Special Rapporteur. https://unece.org/environmental-policy/public-participation/correspondence-regarding-complaints-special-rapporteur

^[6] United Nations Economic Commission for Europe. Correspondence regarding complaints to the Special Rapporteur. Complaints ACSR/C/2023/7 (France); ACSR/C/2023/16 (Netherlands); ACSR/C/2024/38) and ACSR/C/2024/66 (Norway; ACSR/C/2024/39 (Sweden); ACSR/C/2023/19, ACSR/C/2024/26, and ACSR/C/2024/53 (United Kingdom). https://unece.org/environmental-policy/public-participation/correspondence-regarding-complaints-special-rapporteur

^[7] United Nations Economic Commission for Europe. Correspondence regarding complaints to the Special Rapporteur. Complaints ACSR/C/2024/45 (Azerbaijan); ACSR/C/2023/15 (Croatia); ACSR/C/2023/20 (Serbia); ACSR/C/2023/14 (Switzerland). https://unece.org/environmental-policy/public-participation/correspondence-regarding-complaints-special-rapporteur

^[8] United Nations Economic Commission for Europe. Correspondence regarding complaints to the Special Rapporteur. Complaints ACSR/C/2023/13 (Romania). https://unece.org/environmental-policy/public-participation/correspondence-regarding-complaints-special-rapporteur

^[9] United Nations Economic Commission for Europe. Correspondence regarding complaints to the Special Rapporteur. Complaints ACSR/C/2023/2 (Armenia); ACSR/C/2023/3 (France); ACSR/C/2023/11 (Switzerland) https://unece.org/environmental-policy/public-participation/correspondence-regarding-complaints-special-rapporteur

^[10] Special Rapporteur on Environnemental Defenders. “Visit to Tarn, France, 22 – 23 February 2024 - End of Mission Statement on Environmental Defenders”. 29 February 2024. https://unece.org/sites/default/files/2024-02/UNSR_EnvDefenders_Aarhus_End_of_mission_statement_Tarn_29.02.2024_ENG.pdf

^[11] Special Rapporteur on Environmental Defenders. “Statement Regarding the Criminal Prosecution of Mr. Daniel Shaw for His Involvement in Peaceful Environmental Protest in the United Kingdom of Great Britain and Northern Ireland”. 24 June 2024. https://unece.org/sites/default/files/2024-06/ACSR_C_2024_26_UK_SR_EnvDefenders_public_statement_24.06.2024.pdf

^[12] Special Rapporteur on Environmental Defenders. “Statement Regarding the Four-Year Prison Sentence Imposed on Mr. Daniel Shaw for his Involvement in Peaceful Environmental Protest in the United Kingdom”. 18 July 2024. https://unece.org/sites/default/files/2024-07/ACSR_C_2024_26_UK_SR_EnvDefenders_public_statement_18.07.2024.pdf

^[13] Special Rapporteur on Environmental Defenders. “Statement Regarding the Criminal Prosecution and Lengthy Pre-Trial Detention of Mr. Anar Mammadli in Azerbaijan”. 31 October 2024. https://unece.org/sites/default/files/2024-10/ACSR_C_2024_45_Azerbaijan_SR_EnvDefenders_statement_confirming_concerns_%2031.10.2024.pdf

^[14] Special Rapporteur on Environmental Defenders. State Repression of Environmental Protest and Civil Disobedience: A Major Threat to Human Rights and Democracy. 28 February 2024. https://unece.org/sites/default/files/2024-02/UNSR_EnvDefenders_Aarhus_Position_Paper_Civil_Disobedience_EN.pdf

^[15] Special Rapporteur on Environmental Defenders. “Visit to Nicosia, Republic of Cyprus, 5-9 February 2024: End of Mission Statement”. 9 February 2024. https://unece.org/sites/default/files/2024-02/SR_EnvDefenders_Aarhus_Cyprus_official_country_visit_End%20of%20mission%20statement.pdf

^[16] International and Regional Human Rights Experts. “A Joint Statement by International and Regional Human Rights Experts, in the Context of COP29: Time to Protect Environmental Defenders and Ensure Their Safe Participation in International Forums Relating to the Environment and Climate Change”. 29 October 2024. https://unece.org/sites/default/files/2024-10/IMM11-statement-EN.pdf

^[17]Special Rapporteur on Environmental Defenders. “Statement in Support of the Adoption of the European Union Directive on Corporate Sustainability Due Diligence”. 15 February 2024. https://unece.org/sites/default/files/2024-02/SR_EnvDefenders_Statement_EU_CSDDD_15.02.2024.pdf

^[18] Special Rapporteur on Environmental Defenders. Letter on the proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence. 6 September 2023. https://unece.org/sites/default/files/2023-09/SR_letter_EU_CSDDD_06.09.2023.pdf

^[19] Special Rapporteur on Environmental Defenders. “Statement on the Proposed Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law”. 08 May 2024. https://unece.org/sites/default/files/2024-05/SR_EnvDefenders_Statement_CoE_FrameworkConvention_AI%20and%20Human%20Rights_08.05.2024.pdf

^[20] United Nations Environment Programme. Core Human Rights Principles for Private Conservation Organizations and Funders. 9 December 2024. https://www.unep.org/resources/publication/core-human-rights-principles-private-conservation-organizations-and-funders

Tags: Global governance, International Processes