Environmental Engineering Reference
In-Depth Information
Thus, the failure of states to provide essential primary healthcare to those in need may
amount to a violation of human rights (Maastricht Guidelines 1997). We see here, as
explained before when we discussed the notion of harm, that omission and negligence
are clearly viewed as human rights violations.
A human rights based analysis of conflicts over natural resources, as tackled by the
LAR project, shows a strong impact on economic, social, cultural and environmental
rights of the affected communities, in particular rights to territory, water, food and self-
determination (FIAN 2010). In international human rights law, several declarations
and treaties explicitly protect the access to and use of natural resources as a funda-
mental source of livelihood. In article 1.2, The International Covenant on Economic
Social and Cultural Rights states,
All peoples may, for their own ends, freely dispose of their natural wealth and
resources without prejudice to any obligations arising out of international eco-
nomic co-operation, based upon the principle of mutual benefit, and international
law. In no case may a people be deprived of its own means of subsistence. (ICESCR
1966)
Especially in rural areas, access to natural resources and assets is directly linked to
the right to an adequate standard of living as defined in article 11.1: “the States Parties
to the present Covenant recognize the right of everyone to an adequate standard of
living for himself and his family, including adequate food, clothing and housing, and
to the continuous improvement of living conditions'' (ICESCR 1966). According to
this definition, a deterioration of the living conditions of a victim group beneath this
minimum standard amounts to a violation of rights if the worsening is a consequence
of state action or inaction (lack of control).
In the conflict areas where the LAR project is conducted, indigenous and afro-
descendant communities are especially affected by land-use change. The special relation
to nature and their ancestral lands is recognized and protected in several human rights
documents. Both the
C169 Indigenous and Tribal Peoples Convention
of the Inter-
national Labour Organization (ILO 1989)
4
and the
UN Declaration on the Rights of
Indigenous Peoples
(UN 2007) protect their cultures and livelihoods. They enshrine
indigenous peoples' right to access and own (ancestral) land. Furthermore, they guar-
antee the right to Free Prior Consultation and Informed Consent (FPIC) regarding
decisions concerning the governance and use of their lands and territories.
An interesting aspect of the conflicts tackled in the LAR project is that they
are mainly a result of large-scale development projects such as hydroelectric dams,
extraction of mineral resources and expansion of large-scale commercial agricultural
production. The rights, needs and economic priorities of different stakeholders are
conflicting, and the result is generally to the detriment of those less economically and
politically powerful. However, human rights standards still apply for these situations
in order to reduce harm. They are laid down in the
UN Basic Principles and Guidelines
on Development-Based Evictions and Displacement
(UN 2008).
5
4
Twenty-two states mainly from Latin America, including Colombia and Brazil, have ratified
this convention. See http://www.ilo.org/ilolex/cgi-lex/ratifce.pl?C169
5
Annex 1 of the Report of the Special Rapporteur on adequate housing as a component of the
right to an adequate standard of living (UN 2008).
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