The United Nations human rights experts have welcomed the adoption of the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment, which was endorsed on 26 October during the 47th ASEAN Summit in Kuala Lumpur, Malaysia. They hailed the Declaration as a historic milestone for human rights and environmental protection in the region, reinforcing the commitment of ASEAN member states to promote sustainable environmental practices for current and future generations.
The experts noted that the Declaration builds upon the UN General Assembly’s 2022 resolution recognizing the global right to a healthy environment, while adding “safe” to the definition—an important advancement in addressing the triple planetary crises of climate change, biodiversity loss, and pollution. They also commended the inclusion of key elements such as environmental law enforcement, access to information, public participation, and protection for human rights and environmental defenders.
However, the experts raised concerns over the use of the term “indigenous” instead of “Indigenous Peoples,” emphasizing that the two terms hold distinct legal meanings under international law. They stressed that while “Indigenous Peoples” and “local communities” were mentioned together in the Declaration, their rights should not be conflated.
The Declaration comes shortly after the International Court of Justice issued an Advisory Opinion affirming states’ obligations to prevent environmental harm and uphold human rights in climate and environmental actions. This opinion is expected to serve as a guiding framework for interpreting and implementing the ASEAN Declaration.
To ensure effective implementation, ASEAN plans to develop a Regional Implementation Plan to support member states and the ASEAN Secretariat. The UN experts expressed appreciation for the ASEAN Intergovernmental Commission on Human Rights’ openness during the negotiation process and offered continued collaboration and technical assistance.
They concluded that the ASEAN Declaration has the potential to become a transformative regional instrument shaping environmental and human rights policy across Southeast Asia for decades to come
