HRC58: The ocean's degradation is affecting the enjoyment of human rights.
The 58th Session of the UN Human Rights Council
24 February- 4 April 2025
30th Meeting: Interactive Dialogue with the Special Rapporteur on the human right to a clean, healthy, and sustainable environment.
14 March 2025
By Teboho Mosebo / GICJ
Executive Summary
During the 30th Meeting of the Human Rights Council's 58th Session, held on 14 March 2025, country representatives, human rights organisations, and delegates gathered for an interactive dialogue on the Special Rapporteur’s report (A/HRC/58/59), Astrid Puentes Riano, on the human right to clean, healthy and sustainable development.
The dialogue put special emphasis on the ocean and human rights. The Special Rapporteur presented her report highlighting the devastating impact of human activities on the ocean and its resources. The report emphasised the need for a human rights-based approach to ocean governance, recognising the rights of Indigenous Peoples, small-scale fishers, and marginalised communities. It also stressed the importance of addressing the root causes of ocean degradation, including pollution, overfishing, and climate change.
Additionally, Ms. Riàno touched on the report (A/HRC/58/59/Add.1) of the former mandate-holder, David R. Boyd, which underscored the country's visit to Maldives from 16 to 25 April 2024. Maldives is one of a handful of atoll nations facing an existential threat from rising sea levels. The visit aimed to identify good practices and investigate the environmental challenges the country faces, the climate crisis. Finally, participants expressed grave concern over the alarming decline in ocean health. They reiterated their strong commitment to promoting global partnerships and policies that protect and preserve the ocean.
Geneva International Centre for Justice (GICJ) stresses the need for urgent action to protect the ocean and its resources. We call on States and businesses to recognise and respect human rights in all ocean-related activities and to take concrete steps to address the environmental and human rights impacts of their actions.
Background
The ocean, which covers 70% of the Earth's surface, is the largest biome on the planet and the foundation of life on Earth. For billions of years, the ocean has provided food, regulated temperatures and currents, absorbed heat and carbon from the atmosphere, produced oxygen, and provided habitat for millions of species. Human civilisations have thrived on the ocean for millennia, with billions of people depending directly on the ocean and coastal areas for their livelihoods, culture, spirituality, and physical and mental health.
However, despite its importance, the ocean is facing unprecedented degradation due to the triple planetary crisis of climate change, biodiversity loss, and pollution. This deterioration has severe consequences, including the loss of biodiversity, deoxygenation, and millions of people dying, losing their livelihoods, or being forcibly displaced. The drivers of ocean degradation are human-related and have increased exponentially over the past half-century, disproportionately affecting vulnerable populations such as women, Indigenous Peoples, and communities marginalised by colonialism and unjust economic policies.
To address this challenge, a human rights-based approach to ocean governance is essential. This approach recognises the human right to a clean, healthy, and sustainable environment and prioritises the protection of the ocean and its ecosystems while promoting human well-being and sustainable development. By adopting this approach, States, the United Nations, and other stakeholders can address gaps in ocean governance, catalyse systemic change, and ensure the ocean's ability to sustain life, human rights, and communities globally.
Summary of the Special Rapporteur's report
The Special Rapporteur on the human right to a clean, healthy, and sustainable environment, Astrid Puentes Riaño, presented a report (A/HRC/58/59) highlighting the intricate relationship between the ocean and human rights. The report emphasised the importance of adopting a comprehensive, integrated, gender-responsive, holistic approach to managing the ocean.
The Special Rapporteur also shared a report (A/HRC/58/59/Add.1) on the country's visit to Maldives, which was conducted by the former mandate holder, David R. Boyd. The report highlighted Maldives' paradoxical situation, where it faces an existential threat from rising sea levels yet spends millions of dollars subsidising fossil fuels. The report emphasised the need for the Maldives to transition to renewable energy, prioritise access to safe water and sanitation, and protect biodiversity.
Linkages between the ocean, the right to a healthy environment, and human rights
The report underscored that the ocean's health is intricately linked to human rights, particularly for the 2.4 billion people living near coastal areas. For many Indigenous and coastal communities, fisheries are not just a source of income, but also integral to their culture, identity, and way of life. Addressing ocean health requires a human rights-based approach that acknowledges the interconnectedness of humans and the ocean. This approach must incorporate ancestral knowledge and consider the rights of both present and future generations, ensuring a long-term vision that addresses.
Main challenges for the ocean and human rights
Although the ocean's health is intricately linked to human rights, particularly for the 2.4 billion people living near coastal areas, the report underscored that it is facing catastrophic collapse due to climate change, pollution, and biodiversity. Moreover, current power dynamics and funding constraints, particularly in the global South, hinder conservation efforts.
Weak governance
Weak governance is a significant concern in ocean conservation. Over 600 legal and institutional frameworks address the interconnectedness of human rights, economic activities, and marine ecosystems. However, their fragmentation, combined with a lack of coordination and enforcement, has hindered effective ocean governance. Weak political ambition, corruption, and a lack of transparency and extraterritorial enforcement exacerbate these challenges.
Access to information is crucial for ensuring accountability among states and businesses. A lack of information can compromise the realisation of human rights related to marine protection. For instance, the International Seabed Authority lacks clear measures for stakeholder engagement and public participation by Indigenous Peoples and coastal communities.
Lack of support for small-scale fishers
Asia, Africa, and Latin America are home to 98% of the world's fishers and produce over half of the global marine fish supply. However, the livelihoods of small-scale fishers in these regions are being threatened by declining fisheries due to rising ocean temperatures, acidification, and coral reef loss. Women in the industry face systemic inequalities, including undervalued work, lack of access to decent working conditions, and limited fishing rights. Their traditional knowledge and rights are often disregarded. Small-scale fishers also struggle to compete with industrial fisheries and large-scale operators, who often receive preferential access to fishing rights licenses, subsidies, and development program approvals.
Marine and Land Pollution
Plastic pollution in the ocean poses significant threats to marine ecosystems, economies, and human health and exacerbates climate change. Approximately 14 million tons of plastic enter the ocean annually, constituting 80 percent of all marine debris, an amount projected to triple by 2040. Additionally, Land-based pollution harms ocean environments, with approximately 80% of marine pollution originating from terrestrial sources. Sewage, heavy metals, and plastics enter marine ecosystems through rivers and direct discharge, leading to habitat degradation, biodiversity loss, and human health risks. The contamination by heavy metals of soil, water, and marine ecosystems should be prevented as should the agricultural runoff of agrochemicals, such as fertilisers and herbicides, which causes algal blooms, eutrophication and dead zones.
In addition to the previously mentioned challenges, the report also underscored the need to address disordered coastal urbanisation, the escalating threats of climate change, the potential risks of deep-sea mining, the uncertainties surrounding marine geoengineering, and the imperative for a sustainable blue economy.
Business responsibilities relating to a clean, healthy, and sustainable ocean
Businesses have a critical role to play in protecting the ocean and respecting human rights. They must conduct environmental and human rights due diligence, disclose their impacts, and provide remedies for harm caused. Companies can be held accountable for environmental damage and human rights abuses and may face legal and reputational risks if they fail to uphold their obligations. Businesses must also address climate change, disclose their emissions, and ensure a just transition to sustainable energy practices that respect ecosystems and communities' rights.
Visit to Maldives
Astrid Puentes Riano presented a report on the visit to Maldives conducted by her predecessor, David R. Boyd. Maldives is extremely vulnerable to climate change, facing sea-level rise, coastal erosion, and extreme weather events. The country's plight highlights the disproportionate impact of climate change on small island nations. During the visit, meetings were held with government officials and stakeholders to discuss promoting human rights and environmental protection in Maldives.
The Interactive Dialogue
Opening Statements
Ms. Astrid Puentes Riano, the Special Rapporteur (SR) on the human right to a clean, healthy and sustainable development, opened the dialogue by reminding the panel that humanity faces an existential, tripled planetary challenge. The Special Rapporteur underscored that these challenges impact the marginalised communities, including women, girls, children, youth, indigenous peoples, people of African descent, and fisherfolk, as they bear the hardest burden.
Ms. Riàno expressed grave concern about the threats to a clean, healthy, and sustainable environment. According to the Special Rapporteur, there are still opportunities for states, businesses, and other actors to take positive action. Ms. Riàno noted that scientists have identified nine planetary boundaries, six of which have already been crossed. Ocean desertification is at risk of becoming the seventh crossed boundary if current trends continue
Ms. Riàno emphasised that the impacts of ocean degradation affect the rights of approximately 2.4 billion people worldwide who live within 100 kilometers of oceanic coasts. Furthermore, she noted that economic losses due to ocean mismanagement are estimated to be nearly $1 trillion annually, equivalent to the GDP of several wealthy nations.
The Special Rapporteur closed her opening statement by calling for the mainstreaming of the human right to a clean, healthy, and sustainable environment into ocean management efforts. She emphasised that such an approach would equip States, the United Nations system, Indigenous Peoples, civil society, businesses, and others with the tools to adopt an ecosystem-based and integrated perspective. It would also build on existing standards and processes to guarantee an effective human rights-based approach.
Participating Countries
The delegate of Maldives, speaking as a concerned country, took the floor. She thanked the Special Rapporteur for her comprehensive report and welcomed the recommendations.
According to her, Maldives faces significant challenges due to environmental degradation, prompting the country to advocate for global, clean, healthy, and sustainable development. She stated that the government has taken proactive steps to address climate and environmental challenges. These efforts, she explained, include strengthening regulatory frameworks, investing in sustainable infrastructure, and fostering community engagement and environmental governance.
Additionally, she highlighted that a key priority is a transformative shift in energy policy, with an ambitious target to transition to renewable energy by 2028. Furthermore, she noted that the government aims to depart from its reliance on fossil fuels and reduce carbon dioxide emissions by 1.5 million tons by 2035, with international support. In line with the Special Rapporteur's concerns, the delegate of Maldives emphasised the need for stronger legislative frameworks, capacity building, and improved access to technological and financial assistance.
Furthermore, the delegate of Palau, representing the Micronesian Countries, welcomed the report. The delegate stated that as large oceanic countries, they hold immense value for their oceans and celebrate a deep connection with their communities, natural environment, cultural practices, and livelihoods. While firmly maintaining resilience against environmental threats, the delegate emphasised that the world needs to do more to protect the ocean, as it holds the key to pressing existential challenges like climate change.
Finally, the representative outlined the need to urgently safeguard the human rights of coastal and marginalised communities by recognising customary laws and securing access to ocean resources. Lastly, he urgently called for actions to assist large oceanic states exposed to pollution and for efforts to provide scientific, technical, and educational solutions.
Furthermore, The representative of Portugal, on behalf of countries with Portuguese as an official language, reaffirmed their support for the Special Rapporteur's statement and recognised the urgency of implementing an integrated and holistic approach to ocean conservation, incorporating environmental, social, and economic pillars. He further asserted that their commitment to ocean protection and human rights promotion must be marked by a joint and inclusive approach, considering the different needs and circumstances of specific developing countries. Finally, the delegate called for the implementation of science-based measures to address the adverse impacts of climate change.
Additionally, speaking on behalf of the Group of Arab States, the delegate of Jordan welcomed the report and highlighted the importance of the ocean for life on Earth and measures to counter climate change. Moreover, the delegate highlighted that developing countries are at the forefront of climate change, exacerbated by colonial legacy. The delegate also noted the role of businesses in preserving the environment and coastal communities, emphasising their responsibility to protect these communities from the consequences of their activities. Furthermore, the delegate concurred with the Special Rapporteur's conclusions regarding the devastating impact of the Israeli invasion of Gaza on the environment and human rights and called for a ceasefire to alleviate the suffering of the Gaza people.
The representative of Kuwait, speaking on behalf of the Gulf Cooperation Council (GCC) through a video statement, welcomed the report and emphasised the importance of ocean conservation for global climate regulation and food security. He emphasised that it is imperative to step up efforts to prevent pollution, climate change, and ocean degradation. Finally, the representative stated that they are particularly committed to safeguarding marine ecosystems; to this end, they have implemented policies and procedures for sustainable fishing and preserving marine biodiversity.
The European Union (EU) delegate expressed concern over the alarming deterioration of ocean health, which threatens the Earth's ecological balance. Furthermore, the EU highlighted the devastating cumulative impacts of climate change, biodiversity loss, and pollution on the ocean.
Moreover, the EU agreed with the Special Rapporteur's emphasis on the need for holistic approaches to address ocean conservation. Finally, the EU recommended integrating human rights, gender responsiveness, and ecosystem-based principles into ocean governance policies, guided by Sustainable Development Goal 14 (SDG14).
Additionally, the representative of Ghana, speaking on behalf of the Group of African States, welcomed the report and acknowledged the importance of addressing colonial legacies and promoting just economic policies. She emphasised that ocean degradation, driven by ocean exploitation and climate change, poses a significant threat to the rights to food, health, culture, and livelihoods. She stressed the need for sustainable fishing practices and also highlighted the significant contribution of small-scale fisherfolk, particularly women, who make up nearly half of Africa's fishing workforce. She further emphasised that women play a vital role in ensuring food security and preserving cultural identity. Finally, she concluded that Africa's coastal oceans face significant threats due to rising sea levels, pollution, and extreme weather events, requiring targeted solutions and inclusive decision-making processes. Lastly, she stressed the importance of climate finance, urging developed nations to fulfill their commitments under the Paris Agreement for adaptation and just transition.
The representative of Iceland, representing the Nordic and Baltic countries, emphasised the crucial role of oceans in supporting global ecosystems and the well-being of millions worldwide. He also highlighted the challenges posed by pollution and climate change, which pose a significant threat to environmental and human rights. Additionally, he strongly urged the participants to work on the best scientific advice, incorporating indigenous and ancestral knowledge to enhance efforts to prevent and mitigate marine pollution. Lastly, he asked the Special Rapporteur what can be done to highlight and recognise the vital role women play in the blue economy.
The delegate of Costa Rica strongly advocated for the rights of environmental human rights defenders. He noted that these defenders, including women and girls, work at the forefront of environmental protection, often in remote and isolated areas. The delegate highlighted that due to their bravery, these defenders often face significant risks, such as killings, arbitrary detention, and criminalisation. He emphasised that their work must be protected, as they play a vital role in ensuring the right to a clean, healthy, and sustainable environment. Therefore, he stressed that empowering environmental defenders is crucial for protecting the environment, and urged the Council to intensify its efforts.
Finally, the representative of Jamaica, representing the Caribbean Community (CARICOM), expressed deep concern about the devastating impact of climate change on the ocean. She noted that these impacts threaten the region's economic growth and sustainable development, particularly since tourism accounts for 50% of the region's GDP. She echoed the call for promoting sustainable ocean practices and reiterated the region's call for the international community to develop innovative technologies and sustainable solutions to advance the ocean's health and ocean-related industries.
Non-Governmental Organisations
Delegates of Non-Governmental Organisations agreed with the Special Rapporteur's emphasis on the need for immediate action to protect the ocean and its ecosystems through a human rights-based approach. A concern was shared about the devastating impact of human activities on the ocean and its ecosystems and the need for urgent action to address these issues. The NGOs urged governments, businesses, and other stakeholders to take effective measures to protect marine areas, reduce pollution, and promote sustainable fishing practices.
They reiterated the importance of corporate accountability and transparency in ocean-related activities, and called for businesses to recognise and respect human rights in their operations. The NGOs also prioritised the critical need for climate finance to support vulnerable communities and small island developing states in their efforts to adapt to the impacts of climate change and protect the ocean and its ecosystems. They urged developed countries to fulfill their commitments to provide climate finance and to support the development of innovative financing mechanisms to address the scale and urgency of the ocean crisis.
Concluding Remarks
In conclusion, the Special Rapporteur underscored that immediate action is necessary to protect the ocean and its ecosystems and that this must be done through a human rights-based approach. When she concluded, she urged States to take effective measures to protect marine areas, reduce pollution, and promote sustainable fishing practices, while also ensuring the participation of marginalised communities and access to information, public participation, and access to justice.
The Special Rapporteur also called on businesses to respect human rights in their ocean-related activities and on the United Nations system to promote coordination and cooperation to address the ocean crisis. Ultimately, she stressed that protecting the ocean and its ecosystems, prioritising human rights, and promoting sustainable development are essential for the future of our planet.
Position of the Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) strongly supports the Special Rapporteur's report on human rights to a clean, healthy, and sustainable environment, with a focus on the ocean. We emphasise the urgent need for collective action to protect the world's oceans and the human rights of communities that depend on them.
We call on governments, businesses, and other stakeholders to take immediate and effective measures to address the devastating impact of human activities on the ocean and its ecosystems. This includes reducing pollution, promoting sustainable fishing practices, and protecting marine biodiversity.
We urge governments to prioritise climate finance, corporate accountability, and transparency in ocean-related activities. International cooperation and coordination are crucial to addressing the ocean crisis, promoting sustainable development, protecting human rights, and ensuring the long-term health and sustainability of the world's oceans.
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