sustainable development 20 years on from the ... - José Eli da Veiga

sustainable development 20 years on from the ... - José Eli da Veiga sustainable development 20 years on from the ... - José Eli da Veiga

25.04.2015 Views

17 Box 2 (concluded) 24 Warfare is inherently destructive of ong>sustainableong> ong>developmentong>. States shall therefore respect international law providing protection for the environment in times of armed conflict and cooperate in its further ong>developmentong>, as necessary. 25 Peace, ong>developmentong> and environmental protection are interdependent and indivisible. 26 States shall resolve all their environmental disputes peacefully and by appropriate means in accordance with the Charter of the United Nations. 27 States and people shall cooperate in good faith and in a spirit of partnership in the fulfilment of the principles embodied in this Declaration and in the further ong>developmentong> of international law in the field of ong>sustainableong> ong>developmentong>. Source: Rio Declaration on Environment and Development. Table 1 PRINCIPLES OF THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT: GROUPING OF TOPICS FOR ASSESSMENT PURPOSES Principles a Issue Chapters 1, 3, 4, 5, 8 Anthropocentric nature of ong>sustainableong> ong>developmentong>, the link between the environment and economic and social ong>developmentong> and poverty; the environmental needs of present and future generations. 2, 11, 13, 15, 16, 17 Environmental legislation, economic instruments, responsibility for environmental damage, environmental impact assessment, the polluter-pays principle, the precautionary principle. 10, ong>20ong>, 21, 22 Social participation, access to information and justice, key stakeholders (women, youth, indigenous peoples and local communities) I. The ong>developmentong> of Latin America and the Caribbean since 1992 from a sustainability perspective II. Strengthening the environmental pillar III. Information for decisionmaking and participation by civil society, the private sector and local governments in matters relating to ong>sustainableong> ong>developmentong> 6 Special situation of small island developing States IV. The ong>sustainableong> ong>developmentong> of the small island States of the Caribbean 7, 9, 12 Means of implementation and capacities: common but differentiated responsibilities, trade, scientific-technological capacities, cooperation between developed and developing countries V. International cooperation, trade, and science and technology Source: Economic Commission for Latin America and the Caribbean (ECLAC). a Principles 14, 18, 19 and 23 to 27 are not explicitly addressed in this report inasmuch as they refer to relations between States and obligations in relation to phenomena that have transboundary impacts, environmental protection, promotion of ong>sustainableong> ong>developmentong> in situations of conflict and occupation, and the obligation to cooperate in good faith. The ong>sustainableong> ong>developmentong> commitments made by States are closely related to human rights, in that they reinforce each other mutually and pursue a common objective: human well-being and the dignity of individuals. The rights approach in human ong>developmentong> provides a conceptual framework, based on international human rights standards, which is used to evaluate the inequalities that underlie ong>developmentong> problems and to rectify unfair discriminatory and distributive practices. In this regard, the

18 rights approach identifies, firstly, rights holders and the object of those rights; and secondly, the corresponding duty bearers and the obligations pertaining to them. Likewise, the approach aims to strengthen the capacity of rights holders to uphold their rights and help duty bearers fulfil their obligations. It provides tools to enable people to participate in formulating policy and in demanding action from the State (OHCHR, ong>20ong>06). The approach emphasizes the need to improve accountability systems and ensure access to information on environmental issues. It also defines the obligation to implement specific policies targeting groups of people that are in situations of disadvantage as a result of discrimination, poverty, health (for example, people living with HIV) and socioeconomic inequality (see chapters II and IV). 3 The human rights principles set out below are directly related to ong>sustainableong> ong>developmentong> and reaffirm the importance of considering all social groups in ong>sustainableong> ong>developmentong> policies. They are also consistent with principle 1 of the Rio Declaration, which places the human being at the centre of ong>sustainableong> ong>developmentong> concerns and with principle 10, which affirms the importance of citizen participation: (i) The principles of equality and non-discrimination ensure that the poorest and excluded are not left behind in the drive to eradicate poverty and achieve ong>sustainableong> ong>developmentong>. (ii) The accountability principle ensures greater commitment and transparency in national and international efforts to clarify the duties and responsibilities of developing countries, donor States and non-State actors. (iii) The participation principle ensures that people, particularly the poorest and excluded, are active participants rather than passive recipients in terms of poverty eradication and ong>sustainableong> ong>developmentong>. Under the rights approach, assuring human rights —including those relating to participation by various social groups in transition to ong>sustainableong> ong>developmentong>— is not an option for governments, but an obligation under internationally assumed commitments. This needs to be reflected in the priority accorded to those topics in public programmes and budgets. An essential step in ensuring social participation and the representativeness of groups identified by the Rio Declaration is the ratification and implementation of the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous Peoples (OHCHR, ong>20ong>08). The Rio principles should also be interpreted in light of the evolution of the concepts and approaches adopted by the international community, under the Platform for Action of the Fourth World Conference on Women, held in Beijing in 1995, at subsequent conferences on women and at the International Conference on Population and Development, held in Cairo in 1994. In accordance with principle 8 of the Rio Declaration, it was recognized that, to achieve ong>sustainableong> ong>developmentong> and a better quality of life for people, States should reduce and ultimately eliminate unong>sustainableong> patterns of production and consumption, and promote appropriate policies, including population policies, so as to equitably meet the population, ong>developmentong> and environment needs of present and future generations. In 3 This report refers to “disadvantaged groups”, which include women, indigenous peoples, Afro-descendants, older persons, children and the disabled, in situations of “vulnerability” arising from conditions of discrimination, poverty, health and socioeconomic inequality. These situations prevent them from gaining access to services, resources, education and basic information, which weakens their capacity to overcome impacts and puts them at greater risk.

17<br />

Box 2 (c<strong>on</strong>cluded)<br />

24 Warfare is inherently destructive of <str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g>. States shall <strong>the</strong>refore respect internati<strong>on</strong>al law<br />

providing protecti<strong>on</strong> for <strong>the</strong> envir<strong>on</strong>ment in times of armed c<strong>on</strong>flict and cooperate in its fur<strong>the</strong>r <str<strong>on</strong>g>development</str<strong>on</strong>g>,<br />

as necessary.<br />

25 Peace, <str<strong>on</strong>g>development</str<strong>on</strong>g> and envir<strong>on</strong>mental protecti<strong>on</strong> are interdependent and indivisible.<br />

26 States shall resolve all <strong>the</strong>ir envir<strong>on</strong>mental disputes peacefully and by appropriate means in accor<strong>da</strong>nce with<br />

<strong>the</strong> Charter of <strong>the</strong> United Nati<strong>on</strong>s.<br />

27 States and people shall cooperate in good faith and in a spirit of partnership in <strong>the</strong> fulfilment of <strong>the</strong> principles<br />

embodied in this Declarati<strong>on</strong> and in <strong>the</strong> fur<strong>the</strong>r <str<strong>on</strong>g>development</str<strong>on</strong>g> of internati<strong>on</strong>al law in <strong>the</strong> field of <str<strong>on</strong>g>sustainable</str<strong>on</strong>g><br />

<str<strong>on</strong>g>development</str<strong>on</strong>g>.<br />

Source: Rio Declarati<strong>on</strong> <strong>on</strong> Envir<strong>on</strong>ment and Development.<br />

Table 1<br />

PRINCIPLES OF THE RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT:<br />

GROUPING OF TOPICS FOR ASSESSMENT PURPOSES<br />

Principles a Issue Chapters<br />

1, 3, 4, 5, 8 Anthropocentric nature of <str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g>,<br />

<strong>the</strong> link between <strong>the</strong> envir<strong>on</strong>ment and ec<strong>on</strong>omic and<br />

social <str<strong>on</strong>g>development</str<strong>on</strong>g> and poverty; <strong>the</strong> envir<strong>on</strong>mental<br />

needs of present and future generati<strong>on</strong>s.<br />

2, 11, 13, 15, 16, 17 Envir<strong>on</strong>mental legislati<strong>on</strong>, ec<strong>on</strong>omic instruments,<br />

resp<strong>on</strong>sibility for envir<strong>on</strong>mental <strong>da</strong>mage,<br />

envir<strong>on</strong>mental impact assessment, <strong>the</strong> polluter-pays<br />

principle, <strong>the</strong> precauti<strong>on</strong>ary principle.<br />

10, <str<strong>on</strong>g>20</str<strong>on</strong>g>, 21, 22 Social participati<strong>on</strong>, access to informati<strong>on</strong> and<br />

justice, key stakeholders (women, youth, indigenous<br />

peoples and local communities)<br />

I. The <str<strong>on</strong>g>development</str<strong>on</strong>g> of Latin<br />

America and <strong>the</strong> Caribbean<br />

since 1992 <strong>from</strong> a<br />

sustainability perspective<br />

II. Streng<strong>the</strong>ning <strong>the</strong><br />

envir<strong>on</strong>mental pillar<br />

III. Informati<strong>on</strong> for decisi<strong>on</strong>making<br />

and participati<strong>on</strong> by<br />

civil society, <strong>the</strong> private sector<br />

and local governments in<br />

matters relating to <str<strong>on</strong>g>sustainable</str<strong>on</strong>g><br />

<str<strong>on</strong>g>development</str<strong>on</strong>g><br />

6 Special situati<strong>on</strong> of small island developing States IV. The <str<strong>on</strong>g>sustainable</str<strong>on</strong>g><br />

<str<strong>on</strong>g>development</str<strong>on</strong>g> of <strong>the</strong> small<br />

island States of <strong>the</strong> Caribbean<br />

7, 9, 12 Means of implementati<strong>on</strong> and capacities:<br />

comm<strong>on</strong> but differentiated resp<strong>on</strong>sibilities, trade,<br />

scientific-technological capacities, cooperati<strong>on</strong><br />

between developed and developing countries<br />

V. Internati<strong>on</strong>al cooperati<strong>on</strong>,<br />

trade, and science and<br />

technology<br />

Source: Ec<strong>on</strong>omic Commissi<strong>on</strong> for Latin America and <strong>the</strong> Caribbean (ECLAC).<br />

a<br />

Principles 14, 18, 19 and 23 to 27 are not explicitly addressed in this report inasmuch as <strong>the</strong>y refer to relati<strong>on</strong>s between States<br />

and obligati<strong>on</strong>s in relati<strong>on</strong> to phenomena that have transboun<strong>da</strong>ry impacts, envir<strong>on</strong>mental protecti<strong>on</strong>, promoti<strong>on</strong> of<br />

<str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g> in situati<strong>on</strong>s of c<strong>on</strong>flict and occupati<strong>on</strong>, and <strong>the</strong> obligati<strong>on</strong> to cooperate in good faith.<br />

The <str<strong>on</strong>g>sustainable</str<strong>on</strong>g> <str<strong>on</strong>g>development</str<strong>on</strong>g> commitments made by States are closely related to human rights,<br />

in that <strong>the</strong>y reinforce each o<strong>the</strong>r mutually and pursue a comm<strong>on</strong> objective: human well-being and <strong>the</strong><br />

dignity of individuals. The rights approach in human <str<strong>on</strong>g>development</str<strong>on</strong>g> provides a c<strong>on</strong>ceptual framework,<br />

based <strong>on</strong> internati<strong>on</strong>al human rights stan<strong>da</strong>rds, which is used to evaluate <strong>the</strong> inequalities that underlie<br />

<str<strong>on</strong>g>development</str<strong>on</strong>g> problems and to rectify unfair discriminatory and distributive practices. In this regard, <strong>the</strong>

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