Tribunal for the Earth

Heading towards the emergence of environmental justice ?

Tribunal for the Earth

Supporting a systemic vision of economic, social and cultural rights (ESCR), Multilateral Environmental Agreements (MEA), Corporate Social Responsibility (CSR) and environmental health in the chain of responsibilities.

By Gilbert Gouverneur, Friends of The Earth Rhone (France), federal board member Friends of The Earth France

Translator : Magali Fouard

Preamble

1. An Arch of Justice for the Earth

A few tenacious, courageous and wise men have decided to assert their generous will, their humanist conviction and their progressive vision to the quest of an environmental justice, which fits the current expectations of civil society.

Therefore, they have built up an Arch of Justice for the Earth. In this project lies a proposition, which aims at the creation of an International Criminal Court for Environment. It raises many hopes : hopes for ecology movements, hopes for residents bordering industrial plans and equipments and hopes for the victims of some firms’ damaging behavior. Citizens are willing to understand the role that such an authority and its running modalities will give to the NGOs devoted to the protection of human kind and its environment.

2. Considering human evolution : biodiversity and global changes

This text is an adaptation of a French article (Chevassus and al, 2004) published by ADPF (Association pour la Diffusion de la Pensée Française) in the collective workbook "Biodiversity and Global Change", on the occasion of the Paris International Conference on Biodiversity, in January 2005 ; it was also published in "For biodiversity –Manifesto in favor of renewed politics for natural patrimony", ed. A. Venir 2005. By Bernard Chevassus-au-Louis, Robert Barbault and Patrick Blandin "Who can legitimately represent Nature ?

The representation of economic and social actors is an old issue. It has led to many proposals and to the current modes of representation. In a political sense, representing biodiversity is a more recent issue, because it deals with the representation of entities that cannot take part into social debates.

This goes for present biodiversity as well as for future biodiversity. Scientifics are said to be commissioned for "embodying" the interests of biodiversity in social area. Bruno Latour (1999) supports this point of view and insists on their "spokesmen" statute : like any spokesman, they should accept being criticized. Indeed, one tricky issue is to identify the "mandate of negotiation" of biodiversity, whoever represents it.

What is acceptable or, provided it is arranged, tolerable ?

What is threatening the very existence of species or ecosystems ? There is no need to solve this problem to understand that, obviously, pluralism representation must be accepted or even favored.

Which ethics for sustainable development ?

The second issue is about ethics of sustainable development. Stakes in sustainable development leads to the more or less explicit confrontation of ethics of the protection of environment and ethics of development. Up to now, these were designed to respond to a wide range of concerns.

There are indeed many ethics of environment and of biodiversity. They can be more or less met within various debates, especially the ones dealing with the appropriation of the living. Larrère (1997), Begandi (2000, 2001) and Blandin (2004) offer detailed analyses on this diversity."

3. An Arch of Justice for the Earth, an ecological approach

"Recalling that the future and the very existence of mankind are inextricably linked to the safeguarding of its natural environment and to the conservation of its cultural heritage", authors, Upper Magistrates and professors of criminal law have inscribed this accountable initiative into the human, environmental and social concerns and into the fundamental aims of Friends of the Earth, as mentioned below.

Aims of Friends of the Earth

We wish to build a world in which :

o Basic humans needs are all satisfied (meaning sufficient access in quantity and in quality to air, water, food, shelter, energy, medical care, education, information and culture), which echoed the notion of "environmental space", without compromising the ability of future generations to meet their own needs o Equitable access and sharing of natural resources is guaranteed ; the right to live (and to work) in a healthy environment and the duty to protect it are abided by ; life is preserved in all forms.

o Every citizen takes actively part into building a society founded on democratic principles ; dialogue is ensured with all citizens, when concerning our present time being or our future or our children’s, especially when referring to issues linked to our environment, to our consumption or to the use of risky technologies ; precautionary principles and participatory principles must prevail.

Steps of Friends of the Earth

Environmental problems come from economic, social and political decisions. Consequently, we consider that the solutions have combine economic, social and political dimensions.

Environment has no boundaries. Therefore, we simultaneously take into account local, regional, national and international realities.

4. Friends of The Earth International. Fighting for our rights : environmental rights and human rights.

December 2004, 60p. http://www.foei.org/fr/publications... In 2003 in Columbia, Friends of the Earth International have organized a meeting between NGOs protecting environment, human rights and social rights.

This meeting aimed at exploring the links between human rights and environment, and at specifying notions of justice and environmental rights.

This publishing resumes and deepens analyses and experiences presented in this meeting.

It describes cases of human rights and environment rights violations, as well as actions carried out to defend them.

First, it examines several rights which link human rights and environment : the right to have a sustainable livelihood, a healthy environment, water and food security.

Then, it analyses several forms of rights guaranteeing information and full participation of groups fighting for their rights (the right to be informed, to participate and to resist). Finally, it describes situations in which mobilized groups are trying to obtain compensations by introducing notions such as "environmental refugees rights", "the rights to ask for an ecological debt" and "the rights to get an environmental justice".

In the appendix, this file depicts some juridical cases, lists current legal tools and recalls details of activist NGOs in this field of action.

Through this document, not only do Friends of the Earth offer to provide examples of violations and fights, but they also precise the philosopher framework that gives the orientations of their principles and actions. In this perspective, they specify their conception of environmental justice and the indivisible and intertwined aspects of human and environmental rights.

They also deduce two main strategic orientations from this document : an alliance between ecological organizations and social movements is required, as well as the necessity to give priority to national and international legal instruments to make their fight for an environmental justice move forwards.

This document is available at http://www.foei.org/en/publications... (2,54 Mo)

5. Commitment of Friends of the Earth for the introduction of standards on the responsibility of transnational companies

Declaration about a project on Standards on the responsibility of transnational and other commercial companies for human rights. During its 60th session (15th March-23rd April 2004), the UN Commission on Human Rights (CHR) decided to ask the High Commissioner of human rights to organize a consultation about the project "Standards on the responsibility of transnational and other commercial companies for human rights". The Sub-Commission on the Promotion and Protection of Human Rights (SCHR) adopted this project in August 2003.

To respond to this request, we, activist movements and organizations undersigned, state that :

o We welcome the SCHR’s initiative for finally investigating the work methods of transnational corporations (TNCs), which are currently one of the direct or indirect major sources of violations of human rights and of regression of fundamental, social, political, economic and environmental rights.

o Without any restriction, we approve the will of the SCHR to impose on TNCs a binding international legal framework to control their activities and to prevent and sanction the violations which could ensue from it.

o Along with the SCHR, we recall that all the standards on international law for human and environmental rights listed in the project are already applicable to TNCs, like to any other company or individual. Actually, we note that the problem does not lie in the lack of standards - these already exist - but in the capacity or the will of states and governments to impose them, and in the incapacity or the non-existence of adequate international legal mechanisms to mitigate these deficiencies.

o Consequently, we ask the High Commissioner to support the SCRH’s initiative in order to make it succeed. We also invite our governments, especially those that are currently members of the CHR, to positively examine this project. If essential improvements are introduced, this will establish a real progress heading towards legal and social control on TNCs’ activities.

We particularly recommend three important improvements that the text still treats in an unsatisfactory way :

1. Concerning the responsibility that should be given to transnational firms : they should be responsible for the whole process of production, distribution and marketing that they effectively steer. More precisely, they should be collectively responsible with every suppliers, subcontractors and licenses buyers, as they al belong to the same economic chain placed under TNC’s influence. Indeed, TNCs are often everywhere and nowhere. They externalize costs and risks whereas they concentrate their profits. The application of this recognized principle of law would allow the victims to ask for compensations, either collectively to all the people in charge, or to the one or to those of their choice, depending on their solvency and other criteria.

2. Concerning the individual civil and penal responsibility of TNCs’ CEOs : this principle should concern those who take strategic decisions, as main owners, managers, members of the Directory or of the Board. Indeed, most of the time, in case of malpractices and of lawsuit, sanctions –if there is any- concern executive people, understrappers or workers. This is because chains of command heading to the incriminated acts are ingeniously split or hidden.

3. Concerning measures of follow-up : this is one of the biggest lacks of the project.

An important work must still be carried out to draw opening perspectives for the existence of effective and binding tools of implementation, particularly at the international level.

That being said, we also call governments and U.N. authorities, in accordance with their duty to promote human rights above any other consideration, to collectively dare to confront pressures of transnational companies, in order to make succeed this project, with the required improvements mentioned before.

Governments and UN relevant bodies have to show their determination to carry out their mandates and their obligation to defend democracy and human rights, in order to restrain TNCs which keep acting on the fringe of or aside laws.

Renunciation or indefinite adjournment of the study of this project is likely to be interpreted as the abdication of the UNCHR and governments in front of the arrogance of the international economic power.

Signatories if this declaration :

1 Actares – actionnariat pour une économie durable

2 Akuaipa Waimakat – Asociación para la divulgación, promoción y defensa de los derechos humanos e indígenas de los territorios y asentamientos Wayuu de la Guajira

3 Alternativa Solidaria – Plenty

4 Amorces

5 Anti-Racism Information Service (ARIS)

6 Arbeitskreis Tourismus & Entwicklung

7 Asociación Anahí – La Plata, Argentina

8 Asociación Latinoamericana de Abogados Laboralistas

9 Asociación Libre de Abogados de Madrid

10 Asociación PROYDE (Promoción y Desarrollo)

11 Asociación Vasca de Abogados (ESKUBIDEAK)

12 Assemblée Européenne des Citoyens

13 Associação Brasileira de Advogados Trabalhistas (ABRAT)

14 Associação Luso-Brasileira de Juristas do Trábalho – Portugal

15 Association Américaine de Juristes (AAJ)

16 Association des Juristes Saharaouis (UJS)

17 Association internationale de techniciens, experts et chercheurs (AITEC)

18 Association internationale des juristes démocrates (AIJD)

19 Association Taralift

20 Attac Espagne

21 Attac Maroc-Groupe de Rabat

22 Bangsa Adat Alifuru

23 Campaña la deuda o la vida – Mar del Plata, Argentina

24 Centre de Documentation et d’Information pour le Développement, les Libertés et la Paix (CEDIDELP)

25 Centre de Documentation Solidarité Internationale Développement Durable Droits de l’Homme (CRISLA)

26 Centre de Documentation Tiers Monde (CDTM)

27 Centre d’Etudes et d’Initiatives de Solidarité Internationale (CEDETIM)

28 Centre Europe –Tiers Monde (CETIM)

29 Centro de Derechos Económicos y Sociales (CEDES) – Ecuador

30 Comisión para la defensa de los derechos humanos en Centroamérica (CODEHUCA)

31 Comité pour l’Annulation de la Dette du Tiers-Monde (CADTM)

32 Commission Socialiste de Solidarité Internationale (CSSI)

33 Confederación General del Trabajo (CGT) – España

34 Confederación indígena tayrona

35 Confederación Sindical de Comisiones Obreras (CC.OO.)

36 Confédération Mondiale du Travail (CMT)

37 Conseil International des Femmes

38 Conseil national des droits des peuples autochtones

39 Consejo Indio Exterior

40 Consejo Regional Indigena del Cauca (CRIC)

41 Conservation Cultural Act

42 Déclaration de Berne

43 Dignidad y Desarrollo para el Sur (DiDeSUR)

44 Echanges et Partenariats

45 Emaus fundación social – España

46 Estudio jurídico Tilsa Albani – Moira Villarroel – Argentine et Uruguay

47 Federación Mundo Cooperante de España

48 Fédération Internationale des Mouvements d’Adultes Ruraux Catholiques (FIMARC)

49 Fédération nationale des éleveurs centrafricaine

50 Fédération Syndicale Mondiale (FSM)

51 Front Siwa-Lima

52 Fundación Española para la Cooperación Solidaridad Internacional

53 Fundación Paz y Solidaridad Serafín Aliaga

54 German Peace Council / Berlin

55 Groupe de Réalisations et d’Animation pour le Développement (GRAD)

56 Instituto Latinoamericano de Servicios Legales Alternativos (ILSA) – Colombia

57 International Baby Food Action Network (IBFAN) & Geneva Infant Feeding Association

58 International Educational Development

59 International Federation of Tamil

60 International Indian Treaty Council

61 International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD)

62 International Youth and Student Movement for the United Nations (ISMUN)

63 Japan Lawyers International Solidarity Association (JALISA)

64 Japanese Association for UN Voluntary Fund

65 League Demanding State Compensation for the Victims of the Public Order Maintenance Law / Japan

66 Les Amis de la Terre – Comité du Rhône, France

67 Ligue Internationale pour les Droits et la Libération des Peuples (LIDLIP)

68 Mouvement Contre le Racisme et Pour l’Amitié Entre les Peuples (MRAP)

69 Movimiento Indio Tupaj Amaru

70 Murkele Organization

71 National Lawyers Guild / USA

72 Nord-Sud XXI

73 Observatorio Vasco de Derechos Humanos – Behatokia

74 RIDPA-GEDPA

75 Socialpress – Italia

76 Solidarité pour les Peuples Autochtones des Amériques (SOPAM)

77 SOLIFONDS

78 Swiss Federation of Tamils

79 Tebtebba Foundation

80 Vanakkam Group

81 Walang Alifuru

82 West Africa Coalition for Indigenous Peoples Rights (WACIPR)

83 Women’s International League for Peace and Freedom (WILPF)

84 World Peace Council

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