Upholding human rights in the fight against deforestation and ecosystem conversion

The document advocates for the inclusion of human rights protections in the EU's upcoming legislation on forest and ecosystem-risk commodities (FERCs). It argues that deforestation is intrinsically linked to human rights abuses, particularly against Indigenous Peoples, and that protecting these rights is essential for effective forest conservation. The briefing proposes a product-based due diligence framework with a 'negligible risk' threshold, mandatory investigation of land tenure and free, prior, and informed consent (FPIC), and rights of redress before EU courts. To demonstrate feasibility, it provides case studies of Brazilian beef supply chains involving JBS and Marfrig, showing that human rights risks can be identified using publicly available digital information.

• Deforestation and the conversion of ecosystems for agriculture are frequently linked to human rights violations, including land-grabbing, violence, and conflict, which disproportionately affect Indigenous Peoples and other customary rights-holders.
• The European Commission is legally obligated under EU treaties and international law to respect and protect human rights, including the duty to ensure that its legislative actions do not harm these rights or allow third parties to do so.
• A 'legality' approach to due diligence, such as that used in the EU Timber Regulation, is insufficient because it only protects rights recognized by local laws, which are often weak or non-existent for Indigenous Peoples in producer countries.
• The proposed FERC framework should employ a 'negligible risk' threshold, meaning products can only enter the EU market if there is no residual reason to believe they breach sustainability criteria, including human rights standards.
• Mandatory human rights due diligence for FERCs should specifically investigate the rights of Indigenous Peoples to give or withhold free, prior, and informed consent (FPIC) regarding activities affecting their territories.
• The briefing proposes that the EU provide victims of human rights impacts linked to FERCs placed on the EU market with the right to seek redress before EU courts.
• Case studies of Brazilian beef producers JBS and Marfrig demonstrate that human rights risks, such as land-grabbing in the Apyterewa Indigenous territory, can be identified by operators using publicly available online data and audits.

APA

ClientEarth (2021). Upholding human rights in the fight against deforestation and ecosystem conversion. https://www.clientearth.org/media/ekobwqpr/upholding-human-rights-in-the-fight-against-deforestation_clientearth-global-witness_sept-2021_hires.pdf

Chicago

ClientEarth. Upholding human rights in the fight against deforestation and ecosystem conversion. 2021. https://www.clientearth.org/media/ekobwqpr/upholding-human-rights-in-the-fight-against-deforestation_clientearth-global-witness_sept-2021_hires.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Upholding human rights in the fight against deforestation and ecosystem conversion |date=September 2021 |url=https://www.clientearth.org/media/ekobwqpr/upholding-human-rights-in-the-fight-against-deforestation_clientearth-global-witness_sept-2021_hires.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2021upholding, author = {{ClientEarth}}, title = {{Upholding human rights in the fight against deforestation and ecosystem conversion}}, institution = {ClientEarth}, year = {2021}, month = sep, url = {https://www.clientearth.org/media/ekobwqpr/upholding-human-rights-in-the-fight-against-deforestation_clientearth-global-witness_sept-2021_hires.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }