71.
The definition of the category “human rights defender” is broad and flexible due to the
very nature of this activity. Thus, any person who engages in efforts to promote and defend
a human right, and who self-identifies or is recognized by society as a defender, should be
considered as such. This category obviously includes environmental defenders, also called
environmental human rights defenders or human rights defenders in environmental matters.
72.
The United Nations General Assembly has also issued a declaration on this matter,
which states that “[e]veryone has the right, individually and in association with others, to
promote and to strive for the protection and realization of human rights and fundamental
freedoms at the national and international levels.”82
73.
Furthermore, the Regional Agreement on Access to Information, Public Participation
and Access to Justice in Environmental Matters in Latin America and the Caribbean
(hereinafter the “Escazú Agreement”), which Chile recently signed,83 is the first international
instrument to refer expressly to these defenders. The Escazú Agreement contains a general
definition of environmental defenders based on the work they perform. It defines them as
“persons, groups and organizations that promote and defend human rights in environmental
matters.”84
74.
Similarly, the report on the situation of human rights defenders, issued by the former
United Nations Special Rapporteur on this subject, states that the term “environmental human
rights defenders” refers to “individuals and groups who, in their personal or professional
capacity and in a peaceful manner, strive to protect and promote human rights relating to the
environment, in particular water, air, land, flora and fauna.”85 According to the report,
environmental human rights defenders “are identified above all by what they do. They are
characterized as such through their actions to protect environmental and land rights.”86
75.
The Court also notes that several international instruments have mentioned the
importance of the work carried out by environmental human rights defenders, the situation
of vulnerability in which they may find themselves and the need to provide them with special
protection. At the regional level, the General Assembly of the Organization of American States
(hereinafter “OAS General Assembly”) has recognized and endorsed the work of human rights
defenders and their valuable contribution to the promotion, respect and protection of
fundamental rights and freedoms in the Americas. In this regard, the OAS General Assembly
has urged the States to offer them the necessary guarantees and facilities to continue freely
carrying out their work.87 In addition, the former UN Special Rapporteur on the situation of
human rights defenders has warned that the States should “remain alert and protect
defenders against intimidation, criminalization and violence, and diligently investigate,
82
Cf. UN, General Assembly, Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. Doc.
A/RES/53/144, March 8, 1999.
83
Chile became a State Party to the Escazú Agreement on June 13, 2022. Cf. Ministry of Foreign Relations of
Chile,
Decree
209
of
July
6,
2022,
available
at:
https://www.bcn.cl/leychile/navegar?idNorma=1183363&tipoVersion=0
84
Cf. The Regional Agreement on Access to Information, Public Participation and Access to Justice in
Environmental Matters in Latin America and the Caribbean (Escazú Agreement), entered into force on April 22, 2021,
Article 9(1).
85
Cf. United Nations, Report of the Special Rapporteur on the Situation of Human Rights Defenders, Michel
Forst. Doc. A/71/281, August 3, 2016, para. 7.
86
Cf. United Nations, Report of the Special Rapporteur on the Situation of Human Rights Defenders, Michel
Forst, supra, para. 8.
87
Cf. OAS General Assembly, Human Rights Defenders in the Americas: support for the individuals, groups
and organizations of civil society working to promote and protect human rights in the Americas. Doc. AG/RES. 1671
(XXIX-O/99), June 7, 1999.
24