Michel Forst is the UN Special Rapporteur on Environmental Defenders under the Aarhus Convention, a recently established mandate designed to provide an effective tool to address the threats faced by those fighting for land and the environment.
We spoke with him during a break in a meeting he held with a delegation of defenders, organised by the Platform for Defenders of Land and Territory and ILC LAC. Forst shared insights into how his mandate operates, the challenges faced, and the importance of collective action in strengthening protection for defenders in the region.
What does your mandate involve, and how do you work to address complaints and protect environmental defenders?
This mandate, created just two years ago, is a new mechanism, which could be seen as a “sibling” to the Escazú Agreement. Its purpose is to provide a rapid response mechanism for environmental defenders, climate activists, and those facing threats from authorities or corporations.
My role is to receive complaints. To facilitate this, we createda simple online form for affected individuals to complete and submit. My team then promptly contacts the individuals to gather more details about the complaint and verify the information. Together with the complainant, we decide on the next steps for my intervention. In many cases, the initial step involves sending what we call an "allegation letter" to the relevant state or company. This letter does not accuse anyone but simply informs them of the complaint, requesting that they investigate the threats, provide feedback, and follow up with me. They have 60 days to respond, after which my letter and their response are made public.
We always strive to follow up to ensure effectiveness. If a state fails to cooperate, I can refer the complaints and the state’s lack of response to the Aarhus Convention’s Compliance Committee. Since the Convention is legally binding, this committee has mechanisms that could impose sanctions on the state.
How can environmental defenders seek your support if they face threats or attacks?
Although this convention primarily targets countries in Europe and Central Asia, its extraterritorial scope allows me to intervene in cases in Latin America and Africa. This means that environmental defenders, their communities, or Indigenous peoples threatened by companies headquartered in countries that have ratified the Aarhus Convention can receive protection through my mandate. So far, we have worked on cases in countries like Guatemala and Colombia.
We aim to ensure that companies based in Aarhus Convention countries understand their obligations to respect and uphold all provisions of the Convention.
FORST AFTER MEETING WITH A GROUP OF WOMEN DEFENDERS FROM DIFFERENT LATIN AMERICAN COUNTRIES. This hearing was organised by the LAC PLATFORM OF LAND AND TERRITORY DEFENDERS.
You have emphasised the importance of collective organisation for defenders. How does working in groups benefit them?
This is something I’ve learned from my meetings with defenders. My natural inclination is to say, “Don’t develop anything before first discussing it with those who benefit from the mechanisms and engaging with women defenders.”
They often say, “Solidarity is always a factor of protection.” That’s why we must focus not only on individual protections, like security personnel or bulletproof vests, but also on ensuring that the defender’s family, community, or entire village has collective protection.
I address this in my discussions with states, which often think that relocating the defender is the solution. But that’s not the way forward; we need to protect the group, the community.
What value do you see in the Platform for Defenders of Land and Territory, and how can you, as Special Rapporteur, collaborate with it?
I cannot fulfil my mandate without the support of organisations and platforms. For me, the best approach is to engage with a group of defenders, community leaders, and grassroots organisations to understand how they want to benefit from my mandate.
I try to explore the boundaries of the mandate. Sometimes, states challenge my efforts to expand its scope, saying, “Don’t overstep the limits.” But with the backing of these communities and defenders, I can respond, “This is what I’ve heard. This is a need.” That’s why my mandate was created: as a rapid response mechanism. I aim to co-create it with defenders to ensure it truly meets the needs of individuals and communities seeking protection.
As Forst rightly pointed out, the success of its mandate depends on working together with defenders, their organisations and communities.
Only by joining forces is it possible to move towards a comprehensive protection model that not only protects individuals, but also the collectives that sustain the struggle for a more just and sustainable world.
THE VOICES OF WOMEN DEFENDERS
In parallel to COP16, held in Cali, Colombia, the Platform of Land and Territory Defenders promoted a meeting between Michel Forst and 8 women defenders from different countries in the region, where each one was able to share with him the cases of threats, violence and intimidation perpetrated by companies in their territories.
After listening to them, Michel Forst explained to the defenders the scope of his mandate and the step-by-step process for each complaint received by his team. She also encouraged them to share this mechanism with their communities, organisations and networks to give it visibility so that more defenders can benefit from it.