ASEAN Set to Adopt Environmental Rights Declaration in October 2025: Civil Society Pushes for Stronger Commitments

After years of deliberation, ASEAN is set to adopt the ASEAN Declaration on the Right to a Safe, Clean, Healthy, and Sustainable Environment (ADER) at the 47th ASEAN Summit in Kuala Lumpur in October 2025. The declaration represents the region’s first dedicated framework to recognize environmental rights within ASEAN’s human rights system. It has taken more than two years of collaborative drafting between the ASEAN Intergovernmental Commission on Human Rights (AICHR) and ASEAN Senior Officials on the Environment (ASOEN). The final draft of ADER was consolidated in May 2025 after intensive talks and negotiation.

AICHR is the regional body established by the Association of Southeast Asian Nations (ASEAN) to promote and protect human rights within the ASEAN region. ASOEN is the group of environmental officials from ten ASEAN member states.

What the declaration covers

ADER codifies both substantive rights - such as access to clean air and water - and procedural rights, including public participation, access to information, and access to justice. It integrates regional priorities such as climate resilience, biodiversity preservation, and protection of Indigenous peoples and environmental defenders. It also aligns ASEAN commitments with global frameworks such as the UN General Assembly Resolution 76/300 (2022), which affirmed the universal right to a clean, healthy, and sustainable environment.

ASEAN civil society pushing for broader environmental rights

Prior to the May 2025 negotiations, CSOs from across Southeast Asia called for a broader, more ambitious commitment. In April 2025, the Civil Society Regional Forum on Environmental Rights in ASEAN was held in Kuala Lumpur, convening CSOs, Indigenous leaders, youth activists, and legal experts from across the Southeast Asian region.[1] 

This forum concluded with the ASEAN People’s Declaration on Environmental Rights, demanding broader and more ambitious commitments than the official ASEAN draft. 

The People’s Declaration particularly highlights three priorities:

• Recognition of Indigenous rights and land tenure, acknowledging the unique relationship between Indigenous communities and their environments, and ensuring their participation in environmental decision-making.
• Legal protections for environmental defenders, who continue to face threats and violence. Promoting meaningful involvement of youth in environmental governance to foster sustainable practices and intergenerational equity.
• Meaningful engagement of youth in environmental governance to foster sustainable practices and intergenerational equity.

The people’s declaration was submitted to AICHR representatives as a direct input from civil society into the ASEAN process.

hbs attended the forum and was able to discuss and exchange with panelists and participants about their outlook towards the declaration. 

Attorney Rafael Pajares from the Environmental Legal Assistance Center, the Philippines has been monitoring the drafting of the declaration. He noted that the demand for critical minerals will likely shape the actions of ASEAN member states in the next thirty years. He shares that: “While there may be unwanted results, the need for critical minerals is expected to have direct and adverse impacts on communities and ecosystems that have already endured historical injustices long before such exploitation gained its terminology. For a just and equitable transition, it is essential to recognize and address these past injustices to ensure that they are not repeated in the future.

Discussions at the conference also highlighted the threats faced by Indigenous Communities due to deforestation and industrial exploitation and likewise growing needs to consider the importance of recognizing Indigenous land rights and incorporating traditional knowledge into environmental governance frameworks.

Matthew Baird, environmental law expert and director of Asian Research Institute for Environmental Law (ARIEL), outlined the need for the legal frameworks to support environmental rights across ASEAN. He emphasized the importance of aligning national laws with international environmental agreements and protecting environmental defenders through robust legal mechanisms.

According to Mr. Baird, legal frameworks should include three key elements: first, supporting procedural rights such as access to information, public participation, and access to justice; second, protecting Indigenous Peoples and Environmental and Human Rights Defenders; and third, addressing critical issues including air pollution and biodiversity loss.

He emphasizes that “Procedural rights are a crucial component, and greater efforts must be done, not only within the context of Environmental Impact Assessment (EIA), but generally to strengthen these rights. Protection and support for environmental defenders must be also prioritized. Far too many defenders face threats, harm, and even assassination due to their opposition to inappropriate or illegal development. Their work is vital for the protection of the environment.” 

As one of the major results of the peoples conference, the Working Group on Environmental Rights agreed on a series of substantive elements to be included in the framework. Air pollution is a major cause of premature deaths in the region, requires long-term commitment to effectively address this pressing issue. Similarly, ocean protection and reduction of plastic pollution are of paramount importance across ASEAN Member States.

H.E. Mr. Edmund Bon, Chair of the ASEAN Intergovernmental Commission on Human Rights in 2025, emphasized the urgency of addressing climate change and biodiversity loss through a rights-based approach in his presentation. He noted that the ASEAN Declaration on Environmental Rights integrates environmental priorities such as climate resilience and biodiversity preservation—with core human rights principles including participation, justice, and the protection of marginalized communities.

Mr. Bon also explained Malaysia’s pivotal role in bridging institutional gaps within ASEAN, where environmental and human rights issues are traditionally managed separately by ASEAN Senior Officials on the Environment and AICHR. After two years of collaborative drafting, a unified version of the Declaration has been finalized and is now ready for adoption.

According to Mr. Bon, “This final draft reflects strong integration of both substantive and procedural rights, including access to information, Indigenous peoples' protection, and legal safeguards for environmental defenders. It also aligns with global norms such as the UN Guiding Principles on Business and Human Rights, recognizing the role of both states and non-state actors—particularly businesses—in upholding environmental rights.”

Next steps and outlook

After regional and national consultations AICHR has finalized the ADER and submitted it to the ASEAN Foreign Ministers' Meeting (AMM) in May 2025. Each ASEAN member state solicited feedback from stakeholders, including CSOs, Indigenous peoples, and the private sector levels.

Anchored in community participation, legal safeguards, and regional solidarity, the Declaration presents a firm foundation for sustainable and equitable development across Southeast Asia. If implemented effectively through a robust Regional Plan of Action, the ASEAN Declaration on Environmental Rights has the potential to become a transformative document in shaping regional human rights and environmental policies through 2045 and beyond.  After official adoption therefore the drafting of an official Action Plan must follow. 

Also for CSOs the process will continue in calling for stronger safeguards, accountability mechanisms, and recognition of marginalized voices to ensure that ADER becomes more than just a symbolic milestone. It must be a transformative tool for protecting both people and the environment in Southeast Asia.