5 68 A ppen d ix b: Usi n g L aw s to Fi g h t f o r En v i r o n m en tal R i g h t s
When a country violates an agreement
When a country violates a certain agreement, another country that has signed
the agreement can bring a lawsuit to the “International Court of Justice.” But
this rarely happens. A second possibility is that a person or group can send
a written complaint to a United Nations committee when their country has
violated specific human rights such as the right to live without discrimination
or torture and the right to freedom of belief or expression. It is worth finding
out whether your country allows people to send written complaints and under
what circumstances. For more information, see the United Nations human
rights website: www2.ohchr.org/english/bodies/petitions/index.htm.
Governments that sign an agreement must present “Periodic Reports”
about the human rights situation in the country to a United Nations
committee. In their reports, the governments almost never mention human
rights abuses. Instead they may say “yes, there are problems, but things are
getting better.” For this reason it is important for communities and NGOs to
submit “Shadow Reports” that explain the real situation. Every 4 years, NGOs
can also submit reports that are part of the “Universal Periodic Review” of
their country by the United Nations.
These reports are the only way for the United Nations committee to
recognize that abuses are happening, and if you publicize the reports they
can help bring international attention. Whether the committee pays attention
to the NGO reports often depends on the interests of the person in charge of
the committee and the amount of public outcry.
Other United Nations declarations
Other United Nations decisions are not official agreements but declarations
of moral obligation for all countries in the world. Moral obligation does not
count for much in most governments, but talking about these declarations can
sometimes strengthen our struggles and help protect our rights.
• United Nations Declaration on the Rights of Indigenous People
(http://www.ohchr.org/EN/Issues/IPeoples/Pages/Declaration.aspx)
• Declaration on the Right to Development (http://www.ohchr.org/EN/
Issues/Development/Pages/DevelopmentIndex.aspx)
• Declaration on Social Progress and Development
(http://www2.ohchr.org/english/law/progress.htm)
• Dublin Statement on Water and Sustainable Development
(http://www.wmo.int/pages/prog/hwrp/documents/english/icwedece.html)
• Johannesburg Declaration on Sustainable Development (http://www.
un.org/esa/sustdev/documents/WSSD_POI_PD/English/POI_PD.htm)
A Community Guide to Environmental Health 2012