EHRDs, including Indigenous Peoples and peasants or people working in rural areas, can particularly engage with CESCR and CERD in their advocacy. Nevertheless, it is important to also have a look at other provisions and general comments from other treaties through our summary table.
The Committee on Economic, Social and Cultural Rights (CESCR) oversees the implementation of the International Covenant on Economic, Social and Cultural Rights and has developed a strong and consistent body of practice on issues directly linked to environmental justice. From addressing specific rights like adequate food and the right to water (which are also substantive elements of the right to a healthy environment) to analysing the extraterritorial obligations of States, the CESCR is one of the most strategic mechanisms for EHRDs.
You can learn more about the CESCR here through our explainer.
Latin American NGOs and ISHR worked together to provide CESCR with a report containing detailed information on human rights and environmental harms tied to Chinese-backed projects in nine countries. The submission helped CESCR identify priority issues and formulate targeted questions for the Chinese government during a dialogue as part of its periodic review in Geneva. Throughout the review, civil society groups drew attention to the Committee’s concerns about weak due diligence, ineffective consultations with affected communities and the lack of accountability for abuses committed by companies operating abroad. Following the session, CESCR issued strong recommendations urging China to establish a clear regulatory framework for its overseas businesses and ensure access to remedies for victims. NGOs were able to use these Concluding Observations in their regional advocacy, and continue relying on CESCR’s findings to monitor China’s follow-up and press for improved protections ahead of next review cycles.
Note: The Global Initiative for Economic, Social and Cultural Rights can provide support to NGOs engaging with CESCR through identifying opportunities for engagement and assisting with drafting and coordinating submissions for the State Periodic Review.
The Committee on the Elimination of Racial Discrimination (CERD) oversees the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
Historically, the CERD has contributed to afford protection against racial discrimination, which is understood as "any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life".
In their observations on countries as part of periodic reviews, CERD has interpreted the convention and linked it to extensive concerns about the unequal access to rights that Indigenous Peoples and Afrodescendant communities face. This access gap includes the right to land, forced evictions, impact of businesses on the environment, barriers to access to justice, and the lack of protection of Indigenous Peoples and Afrodescendant Communities face as human rights defenders.
CERD has an Early Warning and Urgent Action Procedure that aims to prevent conflicts from escalating. For instance, where the law fails to regulate and prohibit racial discrimination, and where a pattern of escalating racial hatred or a pattern of racial discrimination can be identified. Under these circumstances, CERD can process information from civil society to send a letter to the relevant State requiring immediate action to de-escalate and prevent the potential consequences of a treaty breach.
For your advocacy purposes, you must know that anyone can submit information requesting early warning or urgent action, and you do not need to exhaust domestic remedies first. This procedure aims to respond quickly and evaluate risk in real time to prevent irreversible actions. If you think it could be useful for your advocacy and identify serious patterns of discrimination, including escalations, follow the steps and criteria for your submission on this page of the ISHR academy.
CAROUSEL TK
As we are now done with the UN human rights mechanisms, let’s have a look at UN agencies and units relevant to your work!
