The ASEAN Environmental Rights Framework and Opportunities for Australia

Over the past three years, the Asian Research Institute for Environmental Law (ARIEL) has been working with the ASEAN Environmental Rights Working Group (AER WG) established by the ASEAN Intergovernmental Commission on Human Rights (AICHR) on the development of an environmental rights framework for ASEAN. Following three AER WG meetings, a draft document has been released for stakeholder consultation. It must be noted that this document, the “Draft ASEAN Declaration on Environmental Rights”, is not a final document. The AER WG will meet again in early May to consider amendments to the document and to review submissions received during the stakeholder engagement process. To assist with the stakeholder consultation plan and future discussion on environmental rights in ASEAN, ARIEL has established a website https://www.environmental-rights.net/

In Australia, the Joint Commonwealth Parliamentary Committee has been examining options for a Charter of Rights for Australia. Submissions to the inquiry have now closed, and public hearings have been held. A number of environmental law groups made submissions urging the Committee to adopt provisions for the right to a clean, healthy and sustainable environment and the procedural rights found in Principle 10 of the Rio Declaration – access to information, public participation and access to justice. 

 Some submissions called on the Committee to recommend that Australia adopt the Aarhus Convention. 

 In this regard, the webinar seeks to:

●      Introduce the draft ASEAN Environmental Rights Framework

●      Review the current discussion on environmental rights in the current Draft Charter of Rights.

●      Consider how Australia could undertake an Aarhus Convention review to see what changes are required for Australia to comply with existing environmental and procedural rights norms.

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