A/77/549
Descent. 92 People of African and Asian descent, Indigenous peoples, Roma, refugees,
migrants, stateless persons and other racially and ethnically marginalized groups are
all affected by environmental racism, which must be addressed to the fullest extent
possible under international human rights law.
46. The Durban Declaration and Programme of Action, which remains the
international community’s most comprehensive plan to eliminate racism and racial
discrimination, offers recommendations on tackling environmental racis m. For
example, it calls for increased support for people of African descent to invest in
“environmental control measures” and offers several recommendations for
“non-discriminatory measures to provide a safe and healthy environment for
individuals and groups of individuals victims of or subject to racism, racial
discrimination, xenophobia and related intolerance”. 93
47. Environmental racism and climate injustice interact with other forms of social
exclusion, such as discrimination on the grounds of gender, age and disability. It should
be recognized in intersectional analyses of environmental and climate-related human
rights violations that women, older persons, persons with disabilities and gender and
sexually diverse persons who are members of racially marginalized peoples face distinct
human rights violations. In several submissions this point is made explicitly. Women in
particular play important roles in rural and agricultural life, and they are typically on the
front line of environmental and climate-related human rights violations. Indeed, the
Special Rapporteur on violence against women and girls, its causes and consequences
has reported that climate change-induced violence against women is a distinct
phenomenon caused by the feminization of intersecting vulnerabilities. 94 Elderly
persons and children are also vulnerable to climate harms, in particular when they live
in economically marginalized communities or States with limited economic resources to
support their specific needs. Persons with disabilities similarly require resources to adapt
and mitigate harms caused by climate change, and these resources are typically denied to
certain States and racially marginalized communities owing to systemic discrimination.
48. Environmental justice and climate justice are often linked to the right to
development on sustainable terms. The right to development is intended to guarantee
both a right to social and economic progress and the realization of all other human
rights through self-determination and equal sovereignty. In the Declaration on the
Right to Development, the General Assembly states that the right of peoples to selfdetermination includes the exercise of their inalienable right to full sovereignty over
all their natural wealth and resources. The right to development “implies the full
realization of the right of peoples to self-determination”, which includes the right
freely to determine their political status and to pursue their economic, social and
cultural development. 95
49. In the United Nations Declaration on the Rights of Indigenous Peoples, 96 the
General Assembly explicitly recognizes the importance of environmental protection
in preventing discrimination against Indigenous Peoples. In article 29 it affirms that
“Indigenous Peoples have the right to the conservation and protection of the
environment and the productive capacity of their lands or territories and resources.
States shall establish and implement assistance programmes for Indigenous Peoples
for such conservation and protection, without discrimination.” In article 29 it also
applies the “free, prior and informed consent” principle to the storage or disposal of
hazardous materials in the lands or territories of Indigenous Peoples. In article 32 it
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92
93
94
95
96
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See A/HRC/48/78.
Durban Programme of Action, paras. 5, 8(c) and 111.
See A/77/136.
General Assembly resolution 41/128, art. 1(2).
General Assembly resolution 61/295.
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