The Association of Southeast Asian Nations (ASEAN) has an environment policy since 1977.[1] It adopted in March 2009 during the 14th ASEAN Summit in Cha-am/Hua Hin, Thailand[2] the ASEAN Socio-Cultural Community (ASCC) Blueprint. It was implemented from 2009 to 2015 and was[3]
shown to be effective in developing and strengthening the coherence of policy frameworks and institutions to advance Human Development, Social Justice and Rights, Social Protection and Welfare, Environmental Sustainability, ASEAN Awareness, and Narrowing the Development Gap. More concretely, the ASCC has helped to heighten commitment in the form of policy and legal frameworks, such as the Declaration on Non-Communicable Diseases in ASEAN and the Declaration on Elimination of Violence Against Women and Elimination of Violence Against Children in ASEAN.
Considering global developments including the adoption by the United Nations of the Sustainable Development Goals, ASEAN adopted in 2015 the ASCC Blueprint 2025 which
envisions an ASEAN Community that engages and benefits the peoples and is inclusive, sustainable, resilient, and dynamic. The Blueprint guides ASEAN cooperation to include the conservation and sustainable management of biodiversity and natural resources, promotion of environmentally sustainable cities, climate change adaptation and mitigation, as well as promotion of sustainable consumption and production towards circular economy.
Through the leadership of the ASEAN Ministerial Meeting on Environment (AMME), the ASEAN Senior Officials on Environment (ASOEN) together with its thematic working groups and the ASEAN Centre for Biodiversity, continue to identify and implement regional policies, measures and programmes to promote environmental protection and sustainable development. ASOEN also promotes coordination, collaboration and/or partnerships with other ASEAN sectoral bodies, ASEAN Dialogue Partners, international organisations, and relevant stakeholders.
The ASCC Blueprint 2025 aims, among others, to realize
5.2. An inclusive community that promotes high quality of life, equitable access to opportunities for all and promotes and protects human rights of women, children, youths, the elderly/older persons, persons with disabilities, migrant workers, and vulnerable and marginalised groups;
5.3. A sustainable community that promotes social development and environmental protection through effective mechanisms to meet the current and future needs of the peoples.
It further aims to "enhance commitment, participation and social responsibility of ASEAN peoples through an accountable and engaging mechanism for the benefit of all, towards a community of engaged and empowered ASEAN peoples who are provided the platforms to participate in ASEAN processes as well as to enjoy the benefits from the various initiatives."[4]
The ASCC Blueprint 2025 has a provision on promotion and protection of human rights, which includes as one of its strateigc measures the following[5]
Promote regional inter-sectoral mechanisms towards a holistic and multi-disciplinary approach in enhancing quality care, well-being, gender equality, social justice, human rights and fundamental freedoms, especially the vulnerable groups, in response to all hazards and emerging social and economic risks/threats.
The ASCC Blueprint 2025 has a provision for "ASCC National Focal Points" who help implement the plan at the national level.
Environment and Human Rights: ASEAN Declaration
The ASEAN Intergovernmental Commission on Human Rights (AICHR) held the Ad Hoc Preparatory Session for the ASEAN Environmental Rights Framework and Interim Working Group Meeting on 22-23 November 2022 in Bangkok attended by representatives of ASEAN Sectoral Bodies and Entities, the ASEAN Secretariat, civil society organizations, United Nations agencies, and academic institutions. The meeting continued the discussions earlier in the year and agreed on the Terms of Reference of the ASEAN Environmental Rights Working Group (AER WG) to be established in the drafting of the regional framework. They agreed on the "engagement and consultation with multi-stakeholders and gender integration throughout the process." [6]
AICHR established the ASEAN Environmental Rights Working Group (AER Working Group) in 2023.[7] The AER Working Group was tasked to develop a regional framework on environmental rights for further consideration by ASEAN Sectoral Bodies before eventual adoption by ASEAN leaders. It had been "tasked to develop a draft regional framework on environmental rights that not only restates existing ASEAN commitments and international obligations, but also advances the right to a safe, clean, healthy and sustainable environment."[8]
A report explains the activities done since 2023:[9]
The AER Working Group has held four meetings to develop the Draft ASEAN declaration on environmental rights. The 1st meeting was held in Bangkok from August 21-22, 2023. The 2nd meeting was held in Bangkok from November 21-22, 2023. The third meeting was held in Manila on February 27-28, 2024. Following the third meeting, and in accordance with the Terms of Reference of the AER Working Group, the Draft ASEAN declaration on environmental rights has been released for stakeholder consultation. The 4th meeting of the AER Working Group, which was held in Jakarta from May 6-8, 2024, resulted in revisions to the consultation draft. The title is now the draft ASEAN declaration on the right to a safe, clean, [healthy] and sustainable environment.
On 8 April 2025, Representatives/Alternate Representatives of AICHR and ASEAN Senior Officials on Environment (ASOEN)[10] National Focal Points (NFPs) had a "joint site visit to the Centre for Marine and Coastal Studies (CEMACS), Universiti Sains Malaysia (USM) and had dynamic and constructive exchanges, building bridges between the human rights and environmental sectors within ASEAN while sharing knowledge and good practices." This site visit preceded their Interface Consultation that deliberated on the proposed ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment.[11]
Their "substantive discussions centred on the content and strategic direction of the proposed Declaration with the aim of strengthening inter-sectoral and inter-pillar coordination and enhancing policy coherence to ensure the proposed Declaration's alignment with ASEAN's existing frameworks and commitments, including the ASEAN Human Rights Declaration and Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration 2012."
They also reaffirmed "ASEAN's commitment to enhancing and advancing policies that will promote environment and climate resilience and awareness, inclusivity and sustainability, and the protection of human rights for present and future generations."
The proposed ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment is considered to be the "first-ever regional instrument that brings together human rights and the environment in Southeast Asia".[12]
Proposed ASEAN Declaration
The proposed ASEAN Declaration (March 2024 version)[13] provides for the right to environment:
The proposed ASEAN Declaration has several major sections and some sections provide the following:[14]
PUBLIC PARTICIPATION IN ENVIRONMENTAL MATTERS
ACCESS TO JUSTICE AND EFFECTIVE REMEDIES IN ENVIRONMENTAL MATTERS
RECOGNITION AND PROTECTION OF THOSE WHO PROMOTE AND DEFEND
ENVIRONMENTAL RIGHTS
(4) consider establishing a rapid response mechanism or protocol at ASEAN or national levels to address threats, attacks or intimidation against those who promote and strive for environmental rights.
ENVIRONMENTAL IMPACT ASSESSMENT
RESEARCH AND EDUCATION
(4) support the exchange of information on environmental rights and promote environmental rights education in ASEAN.
The proposed ASEAN Declaration also emphasizes the need to enact environmental laws and to implement them. Implementing environmental laws "should assist the realization of the right to a safe, clean, healthy, and sustainable environment, with particular reference to the following substantive elements: clean air and reduction in transboundary haze; a safe and stable climate, including climate change mitigation, adaptation and resilience; healthy ecosystems and biodiversity; safe and sufficient water and adequate sanitation; healthy and sustainably produced food; non-toxic environments; land degradation, desertification and drought; and healthy oceans and marine environment and coasts."
Dissemination and Recommendations
The drafting of the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment attracted the attention of non-governmental organizations in Asia and other regions, as well as United Nations agencies.
Many organizations made the March 2024 version of the draft declaration available online.[15] One environmental NGO translated the March 2024 version of the draft declaration into different Asian languages (Thai, Burmese, Khmer, Indonesian and Vietnamese). The availability of the draft declaration online could have enabled people in Southeast Asia to join the stakeholder consultation on the draft declaration.
The United Nations Environment Programme (UNEP) supported the draft declaration and explained that the right to environment was part of the ASEAN Human Rights Declaration:[16]
"As with any international instrument on environmental rights, UNEP encourages ASEAN to recognize the important role of environmental human rights defenders, including Indigenous Peoples, youth, and women, in upholding the right to a healthy environment."
Article 28 of the ASEAN Human Rights Declaration.
f. The right to a safe, clean and sustainable environment.
Useful information relevant to the right to environment was also made available online.[17] A 2023 document available online explains the right to environment found in laws and jurisprudence in a number of countries in Asia, ASEAN human and environmental rights litigation, and the role of human rights defenders in environmental issues.[18] These materials are helpful in making better understanding of the right to environment being discussed by ASEAN.
Recommendations on what should be included in such declarations were similarly raised.
The Asian Indigenous Peoples Pact recommended the[19]
[E]xplicit use of the term "Indigenous Peoples"
And inclusion of the following:
Right to the lands, territories, and resources of Indigenous Peoples
Right to Free, Prior, and Informed Consent of Indigenous Peoples
Full protection of Indigenous Peoples' Environmental Human Rights Defenders and Indigenous Women's Environmental Human Rights Defenders
Right to maintain, control, protect, and develop cultural heritage and knowledge of Indigenous Peoples
As one author states:[20]
In fact, Asean has previously used "indigenous peoples" in its own texts, such as the "Guidelines on Recognition of Customary Tenure in Forested Landscapes" and the "Guidelines on Promoting Responsible Investment in Food, Agriculture and Forestry". Furthermore, national laws such as the Philippines' Indigenous Peoples' Rights Act of 1997 prove that such recognition is not new.
There was also a recommendation to give more importance to those who work to protect people affected by destruction of the environment due to business and development activities:[21]
More importantly, while the draft acknowledges and protects "those who promote and defend environmental rights", it has drawn criticism from legal experts for not adopting the UN-defined term "environmental human rights defenders (EHRDs)".
Another recommendation focused on corporate accountability:[22]
The World Benchmarking Alliance (WBA) has devised recommendations to enhance the current draft, incorporating emerging international standards related to corporate accountability, reporting, and just transition planning. These recommendations are informed by the climate and energy benchmarks and WBA's institutional efforts.
Civil Society Proposals
Human rights and environmental groups in Southeast Asia argue for a "comprehensive and inclusive environmental rights declaration, enhanced transparency and accountability, and inclusion of civil society, experts, and representatives of marginalized groups in the process of developing the ASEAN declaration and the regional action plan."
In their "ASEAN Civil Society Statement on the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment," adopted on 5 April 2025 in Kuala Lumpur, they proposed more specific provisions on the following matters:[23]
i. Recognize and protect EHRDs [environmental human rights defenders]. ASEAN Member States (AMS) urgently need to protect these groups who defend and promote environmental rights from threats, attacks, intimidation, criminalization, and/or lawsuits against them;
ii. Recognize and protect indigenous peoples. Ensure that this internationally recognized term is in the text, including reference to indigenous peoples' [...] right of free, prior, and informed consent (FPIC).
iii. Enforce the procedural elements of environmental rights. This includes strengthening procedural elements of the right of access to information, public participation, access to justice and effective remedies, protection of EHRDs and providing a safe and enabling environment to access these rights.
iv. Strengthen the substantive aspects of environmental rights. Incorporating safeguards on the substantive issues of clean air and transboundary haze, pollution control and a non-toxic environment, climate change mitigation, adaptation, and resilience, healthy ecosystems and biodiversity, land degradation, desertification, and drought, water, oceans and marine environment, coastal zones.
v. Ensure corporate accountability for environmental rights violations. Integrate business and human rights considerations in the regional framework to hold corporate entities accountable for environmental harm and ensure applicability of safeguards for environmental rights at every step of the supply chain.
vi. Promote Environmental Impact Assessment (EIA). Enhance the role of environmental assessments, including Environmental Impact Assessment (EIA), Transboundary EIA, Environmental Health Impact Assessment (EHIA), and Strategic Environmental Assessment (SEA), as a robust framework and legal document that is transparent, accessible, and understandable for everyone.
vii. Recognize and commit to protecting vulnerable groups: AMS should recognise and commit to strengthening the link between environmental rights, human rights, and protection for vulnerable and marginalized groups, including but not limited to women, children, the elderly, indigenous peoples, local communities, persons with disabilities, gender and sexually diverse communities, etc.
viii. Emphasize a human rights approach in the implementation of environmental rights: AMS should integrate human rights approaches to achieve a comprehensive implementation of environmental rights.
ix. Promote transboundary, cross-pillar and multi-stakeholder cooperation.
Around thirty representatives from civil society organizations (CSOs) across Southeast Asia convened in a forum in Kuala Lumpur on 4-5 April 2025 and adopted this statement.
Implications of the Process of Drafting of the Declaration
The activities that occurred since the process of drafting an ASEAN right to environment started have significant meaning.
The interest shown by the civil society in Asia and beyond, the UN agencies, and other institutions was high. This is reflected in the robust expressions of recommendations on what such a declaration of right to environment should contain.
The decision of AICHR to listen to stakeholders is crucial. It facilitated the transmission to AICHR of recommendations from the people who advocate the recognition of the right to environment in Southeast Asia.
Thus the drafting the declaration turned out to be a vibrant process that involved not only ASEAN officials but stakeholders, the members of the civil society and other institutions.
But despite this vibrant process, the stakeholders, the members of the civil society and other institutions also expressed fear about the possibility that the proposed declaration might not state the issues in clear and direct language and not use internationally recognized terminologies or names of people affected by environmental problems and people involved in protecting the environment (specifically "indigenous peoples" and "environmental human rights defenders"). Thus the final stage in the drafting process is most critical.
At the stage of deciding on the provisions of the declaration (which no longer involves the stakeholders, the members of the civil society and other institutions), will the AER Working Group/AICHR satisfy the stakeholders?
Concluding Statement
The Chairman's Statement in the 46th ASEAN Summit held in Kuala Lumpur on 25-27 May 2025, states in part:[24]
The ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment is still to be adopted by ASEAN. Will it be able to incorporate the many recommendations coming from the different institutions including the civil society in Asia?
The attention received by the drafting of the declaration since 2022 shows the importance of issues involved in the right to environment.
Once adopted, the declaration will become a crucial addition to ASEAN's recognition of human rights. It is a declaration, however, not a legally binding agreement that civil society in Southeast Asia is clamoring for (as a reflection of the demand from people affected or working on environmental issues).
Hopefully, in line with the ASEAN Way, after an ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment has been adopted, there will be a new round of discussions on how to effectively implement the declaration at both national and subregional levels. This also includes adopting a legally binding agreement with detailed provisions on environment and human rights.
Jefferson R. Plantilla is a researcher at HURIGHTS OSAKA.
For more information, please contact HURIGHTS OSAKA.
[1] Environment, ASEAN, https://asean.org/our-communities/asean-socio-cultural-community/environment/.
[2] Socio-Cultural Community, The Ministry of Foreign Affairs, Kingdom of Cambodia, www.mfaic.gov.kh/Page/2021-04-01-Socio-Cultural-Community.
[3] ASEAN Socio-Cultural Community Blueprint 2025, ASEAN Secretariat, March 2016, page 1, www.asean.org/wp-content/uploads/2012/05/8.-March-2016-ASCC-Blueprint-2025.pdf.
[4] ASEAN Socio-Cultural Community Blueprint 2025, ibid., page 4.
[5] B.3. Promotion and Protection of Human Rights, ASEAN Socio-Cultural Community (ASCC) Blueprint 2025, www.asean.org/wp-content/uploads/2012/05/8.-March-2016-ASCC-Blueprint-2025.pdf.
[6] ASEAN begins preparation for regional environmental rights framework, ASEAN, 2 December 2022, https://asean.org/asean-begins-preparation-for-regional-environmental-rights-framework/.
[7] See Creating an environmental rights framework for ASEAN, Asian Research Institute for Environmental Law, www.environmental-rights.net/.
[8] Support for the ASEAN Declaration on Environmental Rights and submission of comments to the public consultation, Conservation-Litigation.org, www.conservation-litigation.org/news/support-for-the-asean-declaration-on-environmental-rights-and-submission-of-comments-to-the-public-consultation.
[9] See Creating an environmental rights framework for ASEAN, op. cit.
[10] For more information, see Major Sectoral Bodies/committees, https://asean.org/major-sectoral-bodies-committees/.
[11] Joint Press Release - AICHR-ASOEN Interface Consultation on the Proposed ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment, https://aichr.org/news/joint-press-release-aichr-asoen-interface-consultation-on-the-proposed-asean-declaration-on-the-right-to-a-safe-clean-healthy-and-sustainable-environment/.
[12] The ASEAN Declaration on Environmental Rights: whose rights and what rights?, Minh Tran and Dayton Kim, SEI-Asia, www.sei.org/perspectives/asean-declaration-environmental-rights/.
[13] Draft ASEAN declaration on environmental rights, Draft as of 7 March 2024, https://unescap.org/sites/default/d8files/event-documents/AER%20WG_3M_3_Add1%20Draft%20ASEAN%20declaration%20on%20environmental%20rights.pdf.
[14] The proposed ASEAN Declaration (March 2024) has the following general sections:
Draft ASEAN declaration on environmental rights, ibid.
[15] Draft ASEAN declaration on environmental rights, Draft as of 7 March 2024, AER WG/3M/03/Add.1, draft as of 7 March 2024: Draft ASEAN declaration on environmental rights, UNESCAP, https://unescap.org/sites/default/d8files/event-documents/AER%20WG_3M_3_Add1%20Draft%20ASEAN%20declaration%20on%20environmental%20rights.pdf.
Asia Pacific Network of Environmental Defenders, https://apned.net/wp-content/uploads/2024/04/ASEAN-declaration-on-environmental-rights_3-7-24.docx.pdf.
[16] Advancing environmental rights in Southeast Asia, UNEP, www.unep.org/technical-highlight/advancing-environmental-rights-southeast-asia.
[17] Current Status of Environmental Rights in the ASEAN Region, Enviliance Asia, https://enviliance.com/regions/others/asean-human-rights.
[18] Justice Nicola Pain, Land and Environment Court of New South Wales, paper prepared for the Council of Europe High-level conference - The right to a clean, healthy and sustainable environment in practice, Strasbourg, 3 May 2023, https://lec.nsw.gov.au/documents/speeches-and-papers/Pain_J_-_Council_of_Europe_-_The_right_to_a_clean_healthy_and_sustainable_environment_in_practice.pdf.
[19] Press Release: Indigenous Peoples Demand Inclusion, and Full and Effective Participation in the ASEAN Declaration on Environmental Rights (ADER), 7 May 2024, https://aippnet.org/press-release-indigenous-peoples-demand-inclusion-full-effective-participation-asean-declaration-environmental-rights-ader/.
[20] Max Han, Views: Malaysia's 2025 resolution: Adopt Asean's first environmental rights declaration, The Edge Malaysia, https://theedgemalaysia.com/node/739087.
[21] Nicha Wachpanich, Southeast Asia's highly anticipated environmental rights declaration 'watered down', say critics," Dialogue Earth, 27 August 2024, https://dialogue.earth/en/justice/southeast-asias-highly-anticipated-environmental-rights-declaration-watered-down-say-critics/.
[22] Recommendations of the World Benchmarking Alliance to the Draft ASEAN Declaration on Environmental Rights, World Benchmarking Alliance, https://assets.worldbenchmarkingalliance.org/app/uploads/2024/06/Final_WBA-Submission-to-Draft-ADER.pdf.
[23] ASEAN Civil Society Statement on the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment, adopted in Kuala Lumpur, Malaysia on 5 April 2025, https://static1.squarespace.com/static/6607a5d3cd48720d26278ca5/t/67f34a0e44f8887d6739a70b/1743997455111/%5BStatement%5D+Civil+Society+Statement.pdf.
[24] Chairman's Statement in the 46th ASEAN Summit, Kuala Lumpur, Malaysia, 26 May 2025, https://asean.org/wp-content/uploads/2025/05/01.-FINAL-Chairmans-Statement-of-the-46th-ASEAN-Summit.pdf.