14 Mar 2025
13:00 – 14:00

Lieu: Palais des Nations | Room XXV

Organisation: Earthjustice

This side event to the 58th session of the Human Rights Council was also part of the Geneva Rights and Environment Talks aimed to harness the opportunity of this moment of the year to reflect on the challenges posed by the rapid decline of nature and biodiversity, and on how Geneva contributes to bringing together the actors working towards ensuring the right to a clean, healthy, and sustainable environment is upheld for all.

About this Event

The Third UN Ocean Conference (UNOC3 or 2025 UN Ocean Conference), co-hosted by France and Costa Rica, will be held in Nice, France, from 9 to 13 June 2025. It will support the implementation of Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development. 

Held under the overarching theme “Accelerating action and mobilizing all actors to conserve and sustainably use the ocean”, the Conference aims to support further and urgent action to conserve and sustainably use the oceans, seas and marine resources for sustainable development and identify further ways and means to support the implementation of SDG 14. The Conference shall adopt, by consensus, an action oriented and inter-governmentally agreed declaration, which, along with a list of voluntary commitments, will be referred to as “Nice Ocean Action Plan”. 

What then can UNOC3 provide? As highlighted in the recommendations in the report by the UN Special Rapporteur on the human right to a clean, healthy and sustainable environment to the Human Rights Council (A/HRC/58/59), States must ensure that all multilateral, regional and bilateral negotiations and conferences relating to the ocean include a human rights- and ecosystem-based approach, while incorporating the human right to a clean, healthy and sustainable environment. In this light, this side event looked at how human rights should contribute to and strengthen the “Nice Ocean Action Plan”. 

About the Geneva Rights and Environment Talks

In the face of the three interrelated environmental crises — climate change, loss of biodiversity, and pollution — the recognition of the right to a clean, healthy, and sustainable environment by the UN Human Rights Council and the UN General Assembly is an important milestone that puts environmental issues at the forefront of the human rights agenda.

The Special Rapporteur on the human right to a healthy environment reports to the Human Rights Council during its March session on issues related to their mandate. The Geneva Rights and Environment Talks harnessed the opportunity of this moment of the year to reflect on the challenges posed by the rapid decline of nature and biodiversity and the intertwined human rights implications. The talks are also an opportunity to discuss how Geneva contributes to bringing together the actors working towards ensuring the right to a clean, healthy, and sustainable environment is upheld for all.

Environment @ HRC58

The 58th Regular Session of the Human Rights Council (HRC58) is taking place in Geneva from 24 February to 4 April 2025. This regularly-updated page highlights the environmental-related activities of this session.

Speakers

By order of intervention.

H.E. Amb. Clara DELGADO JESUS

Permanent Representative of the Republic of Cabo Verde to the UN Office and other international organizations in Geneva

Astrid PUENTES RIAÑO

UN Special Rapporteur on the human right to a clean, healthy and sustainable environment

Benjamin SCHACHTER

Coordinator, Environment and Climate Change Team, UN Office of the High Commissioner for Human Rights

Ghazali OHORELLA

Legal Counsel, International Indian Treaty Council 

Nathan BENNETT

Chair of the People and the Ocean Specialist Group, IUCN CEESP & Global Oceans Lead Scientist, WWF

Sabrina DEVEREAUX

Associate Attorney, Oceans Program, Earthjustice

Régis FARRET

Counsellor, Permanent Mission of France to the United Nations Office and other international organizations in Geneva

Viviana TINOCO MONGE

Minister-Counsellor, Permanent Mission of Costa Rica to the United Nations and other international organizations in Geneva

Yves LADOR

Representative in Geneva, Earthjustice | Moderator

Highlights

Video

Live from Palais des Nations.

Summary

Opening | Towards the Nice Ocean Action Plan

H.E. Amb. Clara DELGADO JESUS | Permanent Representative of the Republic of Cabo Verde to the UN Office and other international organizations in Geneva

  • The protection and preservation of the marine environment are of paramount importance for Cabo Verde, a small island developing state (SIDS). The surrounding seas have long been essential for communication, food resources, and economic development, particularly through a growing tourism industry that relies on coastal and marine ecosystems. Tourism alone contributes 25% of Cabo Verde’s GDP, highlighting the vital connection between environmental sustainability and economic stability.
  • Cabo Verde’s commitment to environmental protection is enshrined in both legislation and the Constitution, which recognizes the right to a healthy and ecologically balanced environment. It mandates that economic activities must not jeopardize ecosystems or disrupt the balance between humans and nature. This constitutional principle underscores the country’s approach to sustainable development and environmental governance.
  • There is strong support for integrating environmental protection into the human rights framework, as demonstrated by the Human Rights Council’s 2021 decision and the UN General Assembly’s 2022 resolution. These milestones affirm that a clean, healthy, and sustainable environment is a fundamental human right, requiring the engagement of states, international organizations, businesses, and civil society to uphold and implement this principle.
  • Key environmental challenges include marine pollution, the sustainable exploitation of marine resources, and the protection of marine biodiversity. Climate change exacerbates these issues, increasing stress on ocean ecosystems. These concerns remain central in discussions and negotiations at regional and global levels, leading to the adoption of numerous conventions and agreements aimed at safeguarding marine environments.
  • The 2025 UN Ocean Conference in Nice presents a crucial opportunity to reinforce the link between human rights and environmental protection. Building on existing commitments, the conference aims to advance discussions on securing the right to a clean, healthy, and sustainable environment while promoting stronger global cooperation to protect marine ecosystems.

Setting the Scene | UN Special Rapporteur HRC Report on Ocean and Human Rights

Astrid PUENTES | UN Special Rapporteur on the human right to a clean, healthy and sustainable environment

  • One of the key priorities of the Special Rapporteur in her mandate is to make sure that her work is helping the states. This goes through identifying the priority aspects and, through the opportunity of the report, analyzing what the challenges are and how to embrace them.
  • Political resolutions should include a specific language based on the UN resolution recognizing the human rights to a clean, healthy, and sustainable environment and on the Kunming-Montreal Global Biodiversity Framework (KMGBF) in order to promote a human rights-based approach and the right to a clean, healthy, and sustainable environment.
  • The ocean is one single biome that covers 70% of our planet. The Earth could have been called the Ocean Planet.
  • One of the biggest challenges for ocean governance is the siloed perspective and the compartmentalization, including at the UN conferences and systems. International conventions and frameworks, like the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on Biological Diversity (CBD), and the work done by the Human Rights Council, need to be merged and better coordinated in order to advance in a more holistic and comprehensive way.
  • The current increase in fossil fuel projects in the ocean is very worrisome. All ocean issues need to incorporate human rights issues, including the blue economy initiative.
  • The right to a clean, healthy, and sustainable environment must be addressed and it is key to make sure that there is access to information and justice as well as participation.

Panel Discussion

Benjamin SCHACHTER | Coordinator, Environment and Climate Change Team, UN Office of the High Commissioner for Human Rights

  • The degradation of ocean ecosystems through biodiversity loss, marine and coastal pollution, overfishing, ocean heating, acidification, and climate change directly impacts human rights, particularly the right to a clean, healthy, and sustainable environment. A healthy and resilient ocean is essential for the full enjoyment of human rights, and states have a legal obligation to take urgent and effective action to address these environmental threats. Such action is also central in achieving Sustainable Development Goal 14, as well as the 2030 Agenda as a whole.
  • The negative effects of ocean degradation are disproportionately felt by vulnerable communities, including Indigenous Peoples, small-scale fishers, fish workers, and persons with disabilities. This reality imposes human rights obligations on states to ensure equality and non-discrimination in ocean-related laws, policies, programs, and funding, aligning with a rights-based approach to environmental governance.
  • The Kunming-Montreal Global Biodiversity Framework explicitly states that all biodiversity-related actions must respect, protect, and fulfill human rights. This principle is reinforced by recent developments at the Human Rights Council, including the adoption of a resolution on biodiversity and ongoing discussions on the right to a healthy environment, reflecting a growing international consensus on a human rights-based approach to ocean protection.
  • The Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement) highlights the need to respect Indigenous rights in the establishment and governance of marine protected areas beyond national waters. This aligns with broader frameworks, such as the Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework, which recognize the integral role of Indigenous knowledge and rights in environmental conservation.
  • Deep-seabed mining discussions at the International Seabed Authority (ISA) have underscored the necessity of a highly precautionary approach. There is broad support for a moratorium on deep-seabed mining until robust scientific knowledge and a governance framework are in place to ensure that any future activities uphold human rights and environmental safeguards.
  • The ongoing global plastics treaty negotiations are directly tied to marine pollution and microplastics, but integrating human rights protections remains one of the most challenging aspects of these discussions. A successful treaty must explicitly respect, protect, and fulfill human rights to effectively safeguard ocean ecosystems and coastal communities.
  • Carbon removal and blue carbon initiatives under the UNFCCC require strict environmental and social safeguards to ensure they contribute positively to climate action without infringing on human rights. This reflects the broader need for human rights considerations in all ocean-related governance mechanisms.
  • Efforts to shape the UN Ocean Conference Declaration have emphasized key priorities, including ensuring that marine protected areas are established and managed using a human rights-based and gender-responsive approach. The Declaration should also acknowledge the vital contributions of small-scale fishers, Indigenous Peoples, and fish workers while protecting their traditional knowledge and customary tenure rights.
  • The latest decision from the CBD COP16 on marine, coastal, and island biodiversity explicitly calls for the full and effective participation of Indigenous Peoples, local communities, women, children, youth, and persons with disabilities in decision-making. It also stresses access to justice, information, and the protection of human rights defenders, principles that should be reaffirmed in the UN Ocean Conference Declaration.
  • Businesses have a critical role and responsibility in protecting the ocean, which should be recognized in the UN Ocean Conference Declaration through explicit references to the UN Guiding Principles on Business and Human Rights, ensuring that corporate activities align with environmental and human rights obligations.

Ghazali OHORELLA | Legal Counsel, International Indian Treaty Council

  • When it comes to ocean governance and climate governance, it is very important to integrate the human rights-based approach and human rights safeguards. The human rights-based approach must be the backbone of political declarations: it is not only about trying to save the planet but also the people who live on the planet. In that regard, the effective participation of Indigenous Peoples is crucial.
  • Indigenous Peoples need to be able to share their knowledge and wisdom, but there lacks a space for their fundamental participation. Despite their huge motivation, it is very hard to share their knowledge through scientists and especially through white, Western codes. However, Indigenous knowledge should not be considered as a “nice to have” but as a “need to have”. To protect biodiversity, try to fight pollution and climate change, co-creation of knowledge as well as equality between scientific knowledge and knowledge of Indigenous Peoples is needed.
  • The zero draft of the UNOC-3 Declaration includes some significant changes but it’s not there yet when it comes to integrating a human rights-based approach.
  • 40 more states need to ratify the Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement) for its full entry into force. The ratification of the BBNJ Agreement needs to be universal.
  • There are 5 particular elements that should be strengthened in the political declaration:
    1. There needs to be a balance between comprehensive inclusivity and concrete rights obligations. The draft lacks mechanisms to protect specific rights. It needs to go beyond general inclusion and ensure equal access to resources, decision-making, and remedies.
    2. There are no explicit references to human rights instruments beyond the United Nations Convention on the Law of the Seas (UNCLOS). Strengthening the reference to a human-rights-based approach in international law is required.
    3. Vulnerable groups are not vulnerable by themselves; they have been put in vulnerable solutions and need to be explicitly referenced in the political declaration.
    4. The Free, Prior and Informed Consent (FPIC) principle must be emphasized when it comes to the knowledge of Indigenous Peoples, and needs to be further strengthened.
    5. There needs to be an assurance of accountability and access to justice, and mechanisms to hold actors accountable for human rights violations in ocean governance. Effective remedies are necessary, particularly in areas beyond national jurisdiction. The strength of legal frameworks at national and international levels are needed to uphold human rights protections and to go beyond just a mere mention of human rights based approach, but needs to be put in the text.

Nathan BENNETT | Chair of the People and the Ocean Specialist Group, IUCN CEESP & Global Oceans Lead Scientist, WWF

  • The connection between ocean health and human rights is crucial, with a focus on how recognizing the human right to a healthy environment can transform ocean governance.
  • Ocean health is vital for human well-being, supporting rights such as access to food, livelihoods, health, and security. For instance, fisheries provide essential livelihoods and nutrition to millions, while coastal habitats like mangroves and coral reefs safeguard communities from extreme weather. A healthy ocean also underpins the stability of peaceful societies, but evidence shows that ocean degradation is accelerating, negatively affecting human rights, particularly for those dependent on marine resources.
  • The degradation of ocean health, driven by overexploitation, habitat destruction, pollution, and climate change, is worsening human rights violations. Fisheries declines are undermining food security, health, and the livelihoods of small-scale fishers and coastal communities. Furthermore, marine pollutants are harming ecosystems and accumulating in species, impacting the right to food and health. Climate change-related impacts, such as ocean warming, acidification, and extreme weather, are threatening the security, infrastructure, and livelihoods of coastal communities, with vulnerable groups like women, children, and Indigenous Peoples disproportionately bearing the brunt of these effects.
  • Recognizing the human right to a healthy environment can act as a catalyst for ocean governance, particularly by enhancing marine protection, clarifying state obligations, and improving private sector practices. Governments are required by human rights law to implement and enforce laws that protect ocean health and the people dependent on marine ecosystems. A human rights-based approach is essential for advancing ocean conservation and ensuring that actions respect the rights of coastal populations. Private sector entities must also respect human rights, including environmental rights, by taking steps to prevent, mitigate, and address any negative impacts their operations have on the ocean environment.
  • The recognition of the human right to a healthy environment provides hope for coastal communities and vulnerable groups, enabling them to hold governments and businesses accountable for infringing on these rights. It is essential for civil society to use this recognition to ensure the just and sustainable use, restoration, and conservation of oceans. The private sector must comply with environmental and human rights laws wherever they operate, including international waters. The recognition of this human right empowers those most affected by ocean degradation to demand accountability and action from both governments and private companies.
  • It is vital for ocean governance frameworks, both national and international, to explicitly reference human rights law and the right to a healthy environment. This inclusion will help ensure that ocean management and development activities protect human rights and the environment. A key starting point for this shift would be incorporating language that recognizes the human right to a healthy ocean environment into the upcoming UN Ocean Conference declaration, reinforcing global commitments to protecting both the ocean and human rights in governance processes.

Sabrina DEVEREAUX | Associate Attorney, Oceans Program, Earthjustice

  • Protecting marine ecosystems is essential for safeguarding human rights, as the greatest threats to marine biodiversity also endanger human populations. The ocean provides vital resources, such as 20% of the animal protein consumed by over 3.2 billion people and about 70% in coastal and inland regions, offering critical nutrients. Marine biodiversity is also responsible for producing half of the world’s oxygen, protecting coastal communities from flooding, and sequestering large amounts of carbon dioxide, all of which are fundamental to the health and well-being of people worldwide.
  • Earthjustice works with organizations and communities around the world facing existential threats to marine ecosystems. Their advocacy focuses on two major threats: offshore fossil fuel development and overfishing. Offshore oil and gas development causes significant harm to marine life and coastal populations, with surveying activities producing harmful noise levels that affect marine species such as whales and plankton. Offshore drilling also poses risks of catastrophic oil spills, which not only harm marine ecosystems but also expose coastal populations to toxic pollution. Earthjustice has supported local and Indigenous communities in challenging these projects, though they face significant opposition from industry interests and ineffective legal systems.
  • Overfishing is another critical issue, with industrial fishing practices, often subsidized by wealthy nations, exploiting governance gaps and engaging in illegal and unsustainable fishing practices that harm coastal communities. Illegal fishing deprives local, legal fishers, particularly small-scale and traditional fishers, of their resources and is also linked to human rights abuses such as forced labor and human trafficking. Improving global fisheries’ management is crucial to prevent these abuses and ensure a fairer system for local communities. At the upcoming UN Ocean Conference, the international community will have the opportunity to commit to actions that will support coastal communities and fishers in their fight against offshore development and overexploitation.
  • Binding government commitments to preserve marine environments must be advocated for, as this would shift the burden of proof from communities to companies, requiring them to demonstrate that their projects will not harm marine ecosystems. The precautionary principle should also be adopted globally, mandating governments to take a cautious approach in the face of uncertain impacts on marine environments and coastal populations. This would strengthen efforts to oppose unchecked exploitation and support the expansion of marine protected areas. It would also prevent nations from rushing into activities like deep-sea mining without fully understanding their potential environmental impacts while encouraging scientific research.
  • Meaningful consultation with local communities and Indigenous Peoples before any major development project proceeds is of critical importance, emphasizing that the Free, Prior, and Informed Consent procedure must be upheld. Additionally, relevant stakeholders should have the opportunity to participate in all aspects of marine management, from decision-making to the design of marine protected areas. As the event in Geneva progresses, the speaker urges participants to remember that protecting the ocean is not only crucial for environmental health but also for upholding the human rights of millions, if not billions, of people worldwide. Strong action for the ocean equates to strong action for human rights.

Closing

Astrid PUENTES RIAÑO | UN Special Rapporteur on the human right to a clean, healthy and sustainable environment

  • In our current reality, where, despite existing scientific evidence and traditional knowledge about the harmful impacts of extractive activities, there is still an increase in such activities, particularly the extraction of fossil fuels and the rising threat of deep-sea mining. Illegal and unregulated fisheries also remain a significant issue. Despite these well-documented risks, the harmful practices continue, highlighting the urgent need for stronger governance.
  • Incorporating a human rights-based approach is of paramount importance, particularly the human right to a healthy environment, in ocean governance. This approach is crucial for addressing the ongoing ocean crises. Reiterates that ocean issues are inherently human rights issues, yet this connection is not adequately reflected in practice, underscoring the need for a shift in how these issues are approached and managed.
  • There is a need for a holistic, comprehensive, integrated, and gender-responsive approach to ocean management. This approach should be grounded in both human rights and ecosystem-based principles, ensuring that all efforts towards ocean protection are inclusive and effective. Additionally, the Special Rapporteur highlights the importance of ongoing collaboration with states, businesses, Indigenous Peoples, and other stakeholders to implement these approaches and bring about meaningful change in ocean governance.

Viviana TINOCO MONGE | Minister-Counsellor, Permanent Mission of Costa Rica to the United Nations and other international organizations in Geneva

  • In closing, the purpose of UNOC-3 is clarified and highlighted. UNOC-3 will focus on a wide range of ocean governance topics, with the main goal being for participating countries to announce their commitments to advancing the implementation of SDG 14 on ocean issues. The conference will also include a political declaration.
  • Delegations are urged to contact their representatives in New York to advocate for the inclusion of human rights language in the political declaration.
  • Finally, the expected outcomes of UNOC-3 are also highlighted, including the ratification of the BBNJ agreement, with the hope that the remaining 40 ratifications will be secured. Another key expectation is the ratification of the WTO agreement on harmful fishery subsidies and the Cape Town Agreement to enhance fishing safety, which are anticipated results from the conference.

Régis FARRET | Counsellor, Permanent Mission of France to the United Nations Office and other international organizations in Geneva

  • France expresses its gratitude to all participants, with special thanks to Costa Rica for their long-term engagement. The UN Ocean Conference is a key platform in addressing the various challenges the ocean faces, including scientific, financial, and political issues. Additionally, human rights concerns will be central in the discussions, particularly regarding coastal communities, deep-sea mining, and well-being in the fishing industry.
  • Human rights, including the fight against crimes related to ocean activities, will be a topic of discussion through several sessions at the event. The close relationship between human health and the health of the ocean is stressed, acknowledging that both are interconnected as part of the same ecosystem.

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