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Mainstreaming the human right to a safe, clean, healthy and sustainable environment with the Reykjavik process

Doc. 15955: compendium of written amendments | Doc. 15955 | 17/04/2024 | Final version

Contents

A Draft Resolution
B Draft Recommendation

Compendium index

Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly stresses that the challenge of climate change constitutes the greatest existential emergency for humankind and that this emergency is mainly due to the lack of long-lasting structural action.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Ms Nicole HÖCHST

In the draft resolution, paragraph 1, replace the words "the challenge of climate change constitutes the greatest existential emergency for humankind and that this emergency is mainly due to the lack of long-lasting structural action" with the following words:

"climate change is a challenge that requires structural action and foresight"

Explanatory note

It is false that climate change is an existential emergency for humankind; it is one that humankind will have to adapt to. It is furthermore false to say that climate change happened due to governmental inaction. There are a number of reasons why climate change happens.

2The Assembly notes with dismay that the Council of Europe is now the only regional human rights system which has not yet formally recognised the right to a healthy environment.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Harald WEYEL, Ms Nicole HÖCHST, Mr Martin GRAF

In the draft resolution, paragraph 2, replace the words "notes with dismay that the Council of Europe is now the only regional human rights system which has not yet formally recognised the right to a healthy environment" with the following words:

"notes that there is no such thing as a human right to a healthy environment, as human rights, derived from natural law, are always rights against the sovereign power aimed at helping humankind to establish its full potential. As governments and human rights cannot interfere with nature, the Assembly discourages anyone from trying to declare climate policy-derived initiatives a human right"

Explanatory note

Human rights are defensive rights against the State, derived from natural law or the divine order (Thomas Aquinas) and directly related to the human being as a sacred being. If nature interferes, this cannot be subject to human rights.

3For decades, however, the Assembly has been urging the Council of Europe member States to take this step. In particular, it reaffirms its Recommendation 2211 (2021) “Anchoring the right to a healthy environment: need for enhanced action by the Council of Europe”.
4The Assembly notes that at the 4th Council of Europe Summit, held in Reykjavik on 16 and 17 May 2023, the Heads of State and Government recognised the urgency of additional efforts to protect the environment, as well as to counter the impact of the “triple planetary crisis of pollution, climate change and loss of biodiversity” and its effects on human rights, democracy and the rule of law. An Intersecretariat Task Force on the Environment was established in January 2024 and has carried out a stocktaking survey of existing activities, planned activities and proposals for new activities. It also proposed elements for the development of a first Council of Europe strategy on the environment.
5The Assembly also notes that in 2024, the Committee of Ministers will have to follow up work on the feasibility of instruments on human rights and the environment and the draft convention superseding and replacing the Convention on the Protection of the Environment through Criminal Law (ETS No. 172).
6Mindful of the strategic importance of this moment, almost one year on from the 4th Summit and three years after Recommendation 2211 (2021), the Assembly wishes to update its expectations and contribute to the implementation of the Reykjavik process through concrete and realistic proposals.
7The post-Reykjavik environment Strategy will be implemented by and for the young generations and must be supported by civil society. The course must therefore be firmly fixed for the future and the bar set high as the Council of Europe and its member States will be held accountable for decades to come. The Assembly considers that the requirements in terms of accountability must be extremely strict: transparency, ethics, accessibility, responsibility, efficiency, and reliability must be the watchwords of all the measures deployed.
8The Assembly underlines the need for the future strategy to have a clear goal in terms of setting standards at European level and encourages decision makers to focus on drawing up a legal binding instrument recognising an autonomous right to a healthy environment within the Council of Europe.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Ms Nicole HÖCHST, Mr Martin GRAF

In the draft resolution, delete paragraph 8.

Explanatory note

In the opinion of those tabling the amendment, there cannot be a human right to a healthy environment in a binding instrument.

9The Assembly reiterates that the nature, content and implications of the right to a healthy environment have been widely documented for decades and have been the subject of a wealth of scientific, normative and judicial material.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Ms Nicole HÖCHST, Mr Martin GRAF

In the draft resolution, delete paragraph 9.

Explanatory note

In the opinion of those tabling the amendment, this is simply false. If there were such a wealth of material, the document could cite some. The opposite is true: Any proposition of a "right to a healthy environment" invalidates the very concept of human rights.

10The Assembly welcomes the fact that almost all Council of Europe member States recognise the right to a healthy environment in one form or another in their national legislation and that some systems have already adopted an eco-centric view of this right.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Ms Nicole HÖCHST, Mr Martin GRAF

In the draft resolution, paragraph 10, replace the words "recognise the right to a healthy environment in one form or another in their national legisaltion and that some systems have already adopted an eco-centric view of this right" with the following words:

"have environmental measures in one form or another in their national legislation"

11In terms of governance, ecological transition will not take place without the buy-in of citizens because of its far-reaching impact on lifestyles. In the Assembly’s view, this means that the future strategy must introduce concrete and ambitious measures to promote social acceptance of environmental policies, ensuring meaningful and fully-fledged citizen participation at national level.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Harald WEYEL, Ms Nicole HÖCHST, Mr Martin GRAF

In the draft resolution, replace paragraph 11 with the following paragraph:

"In terms of governance, forced ecological transition is profoundly anti-democratic and endangers citizens' freedom of expression and right to vote. Ecological transition would destroy the foundation of the wealth of European nations and would lead to a dramatic de-industrialisation and descent into third-world poverty. Therefore, any measure to enforce ecological transition must engender a meaningful and fully-fledged citizen participation, in full respect for the wishes and democratic choices of citizens."

12In addition to compliance with environmental standards and policies, the Assembly encourages measures aimed at strengthening the resilience of the most vulnerable populations and ensuring their inclusion without discrimination in the transition to a sustainable future.
13The Assembly believes that greater responsiveness can be achieved through the development of specialised environmental teams in all branches of governance. This approach should also be encouraged in the allocation of budgets to courts. For national parliaments to be involved in such developments and environmental policies in general entails that they too should have specialised bodies.

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Mr Martin GRAF

In the draft resolution, delete paragraph 13.

Explanatory note

This proposal is fundamentally anti-democratic and ought to be deleted. It is the strength of any democratic court to respect the truth and legislation, not to form specialized bodies in whatever form.

14In the light of these considerations, the Assembly calls on the Council of Europe member States to:
14.1continue to reflect continuously at national level on the nature, content and implications of the right to a healthy environment so that, in the near future, this right will be recognised in law as an autonomous human right in each member State;
14.2step up their efforts to promote, in all governance bodies, the legitimacy and added value of the Council of Europe playing a leading role in drawing up a binding legal instrument recognising an autonomous right to a healthy environment;

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Mr Martin GRAF

In the draft resolution, paragraph 14.2, replace the words "drawing up a binding legal instrument recognising an autonomous right to a healthy environment;" with the following words:

"upholding human rights;"

14.3engage in innovative projects to transform environmental governance and in particular to:
14.3.1encourage the introduction of effective citizen participation mechanisms at national level, such as citizens’ assemblies on climate, to promote social acceptance of environmental policies;

17 April 2024

Tabled by Mr Norbert KLEINWÄCHTER, Mr Marcin ROMANOWSKI, Mr Thibaut FRANÇOIS, Mr Harald WEYEL, Mr Martin GRAF

In the draft resolution, paragraph 14.3.1, replace the words "such as citizens’ assemblies on climate" with the following word:

"such as referenda"

Explanatory note

Referenda are the most democratic, direct expression of the will of the citizens. Climate policy, with its dramatic effects on our economic welfare, should always be decided in referenda.

14.3.2provide a framework, structure and support for local initiatives targeting the populations most vulnerable to environmental problems, such as programmes designed to mobilise young people from working-class backgrounds;
14.3.3support the creation of specialised environmental teams in all branches of governance.

BDraft Recommendation

1The Parliamentary Assembly refers to its Resolution ... (2024) “Mainstreaming the human right to a safe, clean, healthy and sustainable environment with the Reykjavik process”.
2The Assembly maintains that the recognition of the right to a healthy environment must be based on a human rights approach. In this regard, it reaffirms its Recommendation 2211 (2021) “Anchoring the right to a healthy environment: need for enhanced action by the Council of Europe”, in which it proposed complementary tools to achieve this.
3The Assembly notes that the Council of Europe already offers a convention ecosystem covering many aspects of the right to a healthy environment. It sees this as an opportunity to capitalise on existing standards.
4The Assembly therefore recommends that the Committee of Ministers:
4.1actively support the work of the Intersecretariat Task Force on the Environment established following the 4th Council of Europe Summit, and carefully consider its proposals when drawing up a strategy and an action plan;
4.2give utmost priority to implementing the encouragement made in Reykjavik to set up an ad hoc intergovernmental committee to organise, co-ordinate and run the implementation of the strategy and the action plan;
4.3devote the normative part of the strategy to the formal recognition of the right to a healthy environment at the level of the Council of Europe, by developing a binding legal instrument as soon as possible;
4.4in so doing, focus on the rapid implementation of Recommendation 2211 (2021), including devising a specific, autonomous instrument covering substantive rights and procedural matters relating to the environment that capitalises fully on the standards which have already been drawn up;
4.5ensure that the draft convention superseding and replacing the Convention on the Protection of the Environment through Criminal Law (ETS No. 172), currently being prepared within the Council of Europe, incorporates the notion of ecocide as a criminal offense and establishes an effective monitoring mechanism;
4.6give the ad hoc intergovernmental committee a multidisciplinary role, enabling it to act as an interface between the Council of Europe and civil society in its broadest sense and to carry out activities aimed at environmental monitoring and governance as soon as it has been set up;
4.7highlight the committee’s added value in dealings with the Organisation’s other bodies, with which effective and focused partnerships may be established to drive forward change in environmental monitoring and governance;
4.8set up a rapporteur group on environmental affairs at Committee of Ministers level to ensure unity and co-ordination in decision making.