III 

118TH CONGRESS 

1ST SESSION S. RES. 138 

Highlighting the risks that environmental defenders face around the world 

and commending their role in defending human rights, combating climate 

chaos, and supporting a clean, healthy, and sustainable environment. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2023 

Mr. MERKLEY (for himself, Mr. KAINE, Mr. BOOKER, Mr. WHITEHOUSE, Mr. 

PADILLA, and Mr. CARDIN) submitted the following resolution; which was 

referred to the Committee on Foreign Relations 

RESOLUTION 

Highlighting the risks that environmental defenders face 

around the world and commending their role in defending 

human rights, combating climate chaos, and supporting 

a clean, healthy, and sustainable environment. 

Whereas, around the world, environmental defenders—individuals exercising their human rights to try to peacefully 

protect an area or the natural resources of such area 

from negative environmental impact by an ongoing or 

proposed activity—face persecution from government, 

private sector, and criminal actors, including restrictions 

on free speech and assembly, criminalization, civil lawsuits, surveillance, harassment, verbal, cyber, and physical intimidation, sexual assault, and targeted murder; 


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•SRES 138 IS 

Whereas at least 1,733 environmental defenders have been 

reported killed since 2012, with at least 200 killed in 

2021; 

Whereas at least 1,179 environmental defenders have been 

reported killed in Latin America and the Caribbean since 

2012, making it the region with the highest number of 

environmental defender deaths and persecution overall, 

exemplified by the cases of— 

(1) Homero Go ́mez Gonza ́lez, who was forcibly disappeared and found dead in Mexico with reported signs 

of torture after fighting to protect the wintering grounds 

of the monarch butterfly from illegal logging; 

(2) Bruno Pereira, an advocate for the Indigenous 

Peoples of Brazil’s Amazon, who received threats and 

was murdered for standing up to illegal logging, mining, 

and drug trafficking; 

(3) Berta Ca ́ceres, a Lenca Indigenous woman, 

whose murder was ordered by the Honduran company, 

Desarrollos Energe ́ticos SA, for organizing protests that 

led to the cancellation of the proposed Agua Zarca Dam; 

and 

(4) the Q’eqchi Mayan Indigenous community, which 

faces defamation, violent evictions, harassment, and assault by the Guatemalan National Civil Police Force for 

peacefully protesting the operations of the Fe ́nix mine 

and growth of palm plantations on their territory; 

Whereas at least 427 environmental defenders have been reported killed in Asia since 2012, and governments in the 

region have also targeted environmental defenders in 

other manners, including— 


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•SRES 138 IS 

(1) the Government of Vietnam, which has sought to 

silence environmental activist Dang Dinh Bach through 

imprisonment; 

(2) the Government of the Philippines, which has 

enacted red-tagging campaigns to turn public sentiment 

against organizations like the Kalikasan People’s Network for the Environment; and 

(3) the Government of the People’s Republic of 

China, which has falsely charged environmental activists 

Li Genshan, Zhang Baoqi, and Niu Haibo for illegally 

hunting or killing wildlife; 

Whereas the Government of Egypt hosted the 27th Conference of Parties (COP) of the United Nations Framework Convention on Climate Change, while government 

security forces held environmental activists Ahmed 

Amasha and Seif Fateen in extended, arbitrary pretrial 

detention for joining a terrorist group after forcibly disappearing and torturing them for exercising their rights 

to free expression; 

Whereas Ali Ulvi Bu ̈yu ̈knohutc ̧u and Aysin Bu ̈yu ̈knohutc ̧u of 

Turkı ̈ye won lawsuits against mining companies who illegally operated pollution-creating quarries, but were shot 

and killed by gunmen with alleged ties to those companies; 

Whereas fossil fuel companies, mining operations, agribusiness plantations, and mega dams are major causes of 

environmental destruction and are also being used to 

drive communities from their homes and their lands; 

Whereas rampant corruption and weak rule of law enables 

those targeting environmental defenders to operate with 

impunity; and 


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•SRES 138 IS 

Whereas civil society is, and should be, a powerful voice for 

individuals experiencing and at risk from the effects of 

worsening climate chaos, including Indigenous Peoples 

whose ancestral rights, lives, traditional lands, and cultural practices are disproportionately threatened by climate chaos: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) commends and expresses solidarity with en3 vironmental defenders as crucial members of civil so4 ciety who defend both human rights and the environ5 ment and play a crucial role in tackling climate 

6 chaos; 

7 (2) strongly condemns the targeting, harass8 ment, and unlawful detention of any individual or 

9 group for exercising their rights of free association 

10 and expression, including advocacy on environmental 

11 matters, reporting and seeking information on envi12 ronmental violations and abuses, or cooperation with 

13 local, regional, national, or international mecha14 nisms; 

15 (3) welcomes the relevant principles of the Rio 

16 Declaration on Environment and Development, done 

17 at Rio de Janeiro 1992, and United Nations Human 

18 Rights Council Resolution A/HRC/RES/40/11 

19 (2019) as global advancements in recognizing the 

20 crucial role that environmental defenders play as 

21 human rights defenders; 


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•SRES 138 IS 

1 (4) welcomes the relevant principles of United 

2 Nations General Assembly Resolution A/RES/76/300 

3 (2022) as advancing the global conversation towards 

4 the importance of a clean, healthy, and sustainable 

5 environment as an international human right; 

6 (5) welcomes the United States Government’s 

7 assertion during its time as Summit Chair of the 

8 Ninth Summit of the Americas that environmental 

9 defenders should not be denied access to basic envi10 ronmental information, public participation in pro11 posed projects that would affect their communities, 

12 or justice as they seek legal redress from govern13 ment authorities; 

14 (6) urges the United States Government to con15 sult and cooperate in good faith with Indigenous 

16 Peoples who are concerned with the environment in 

17 order to obtain the free, prior, and informed consent 

18 of such Indigenous Peoples, without coercion, prior 

19 to the approval of any project affecting the lands, 

20 territories, religious practices, or other natural and 

21 cultural resources of such Indigenous Peoples; 

22 (7) welcomes the work of the Department of 

23 State-led Interagency Working Group, which invites 

24 more than 1000 officials across more than 20 Fed25 eral agencies, to reduce violence against environVerDate Sep 11 2014 00:36 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR138.IS SR138

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•SRES 138 IS 

1 mental defenders and to properly monitor and ad2 dress the expanding nature and cases of persecution 

3 against environmental defenders; 

4 (8) calls for the President to prioritize the glob5 al leadership of the United States in tackling repris6 als against environmental defenders through a 

7 whole-of-government approach in collaboration with 

8 foreign governments, multilateral organizations, and 

9 civil society organizations; 

10 (9) urges the Department of State to integrate 

11 concerns about environmental defenders in all appro12 priate engagements to exert diplomatic pressure and 

13 speak out publicly in countries where environmental 

14 defenders are at risk; 

15 (10) requests that the Department of State es16 tablish a position focused on environmental defend17 ers within the Bureau of Democracy, Human 

18 Rights, and Labor; 

19 (11) requests that the United States Agency for 

20 International Development prioritize the finalization 

21 of an independent accountability mechanism and the 

22 establishment of a position to integrate protection of 

23 environmental defenders across broader environ24 mental, economic growth, and human rights and de25 mocracy programming in order to better achieve its 


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•SRES 138 IS 

1 2022–2030 Climate Strategy, which seeks to pro2 mote a safe and secure political environment at all 

3 levels of governance for Indigenous Peoples, human 

4 rights and environmental defenders, and local com5 munities to participate in climate actions and the 

6 protection of civil society and environmental defend7 ers, including land and resource rights for effective 

8 climate outcomes; 

9 (12) encourages the United States International 

10 Development Finance Corporation to improve trans11 parency through its independent accountability 

12 mechanism, conduct due diligence with partners, and 

13 engage in local consultation processes based on free, 

14 prior, and informed consent; 

15 (13) encourages the United States Government 

16 to use its voice and vote within international finan17 cial institutions to ensure that United States tax18 payer dollars do not support individuals, foreign gov19 ernments, or private sector entities that adversely 

20 affect the environment or target or expose to harm 

21 persons who speak out against such individuals and 

22 entities; 

23 (14) encourages the United States to use its 

24 leadership in the United Nations Human Rights 

25 Council to ensure that the intergovernmental workVerDate Sep 11 2014 00:36 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR138.IS SR138

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•SRES 138 IS 

1 ing group on transnational corporations and other 

2 business enterprises with respect to human rights 

3 that was adopted by United Nations Human Rights 

4 Council Resolution A/HRC/RES/26/9 (2014), cre5 ates an internationally legally binding instrument 

6 that supports and protects human rights defenders, 

7 including environmental defenders; 

8 (15) calls for responsible conduct of United 

9 States companies, financial institutions, and inves10 tors in relation to the freedoms and rights of Indige11 nous communities and other environmental defend12 ers, particularly in the agribusiness, fossil fuel, min13 ing, and hydroelectricity sectors; and 

14 (16) calls for the United States to use its influ15 ence as a member of the Parties to the United Na16 tions Framework Convention on Climate Change to 

17 push for the Conference of Parties to only take place 

18 in countries that have and actively encourage a 

19 thriving civil society and have taken concrete actions 

20 to tackle climate chaos, which stands in contrast to 

21 the selection of Egypt and the United Arab Emir22 ates who were selected as hosts in 2022 and 2023, 

23 respectively. 

Æ 


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