Written in 2016 by Peter Mitchell; ‘Human rights and wind energy projects’ will be posted on DeFrock in five parts.
http://en.friends-against-wind.org/justice/human-rights-and-wind-energy-projects
This document is a review of the possible breaches by wind energy projects of various of the human rights of people living in the vicinity of a wind project. It identifies and considers a number of potential breaches of varying impact and of differing ease or difficulty of establishing. In this context the rights to health, safe working conditions and property may be the simplest to establish whether breaches have or have not occurred.
Readers of this document need to understand that it is not in any way a legal argument and that whilst all reasonable steps have been taken in its construction the author makes no representation that the information is complete nor that the analysis and conclusions are correct.
Those interested in the subject should obtain their own advice before proceeding with a formal complaint.
Prepared by:
Peter R Mitchell AM, BChe
March 2016
Appendix 3
International Convenant on Civil and Political Rights (ICCPR)
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
The interference with family and home is a fact. It is arbitrary in that people are subject to interference as others use their own criteria, generally directed at maximising the interferer’s profit to site their machines. It is argued elsewhere that the industry interferes with the family and the family home.
2. Everyone has the right to the protection of the law against such interference or attacks.
As already argued there is no practical route for victims to access the “protection” of the law.
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
As argued elsewhere, discrimination by property type and location is evident.
Source:
https://www.humanrights.gov.au/international-covenant-civil-and-political-rights-humanrights-your-fingertips-human-rights-your
Appendix 4
Convenant on the Rights of the Child (CRC)
Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Responsible authorities setting noise guidelines and standards, considering and permitting wind projects, and evaluating them through compliance and complaints and declaring remedial action, clearly have a specific and additional responsibility to consider the impact of these projects on children. Not one of the responsible parties have ever directed or described their actions or intent to do so. Impacts on children are particularly worthy of special consideration as young children are unaware and unable to articulate the common health problems caused by wind projects and particularly the inaudible sensations that are associated with ILFN(xxv xxvi xxvii xxviii).
The directions of this Convention logically make consideration of the child the default minimum acceptable base for considering the appropriate standards for human protection and impacts from a wind project. There is no evidence that this matter has ever been taken into account or even considered. In addition to the general problems of the child in respect of wind projects there a number of cases where impacts are being felt at schools.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
This does not happen. There is no evidence of impacts on children being specifically addressed in Planning applications.
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
This does not happen. There is no evidence of impacts on children being specifically addressed in Planning applications.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home ……..
2. This does not happen. There is no evidence of impacts on children being specifically
addressed in Planning applications.
3. The child has the right to the protection of the law against such interference or attacks.
This does not happen.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation…….
This does not happen.
Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services.
This does not happen.
Article 37
States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment ……………..
Children living in proximity to wind projects are subject to cruel, inhuman and degrading treatment.
Source:
https://www.humanrights.gov.au/convention-rights-child-human-rights-your-fingertipshuman-rights-your-fingertips
Appendix 5
Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (CAT)
Article 1
1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Torture has a very specific definition in this covenant where the word intentionally is used as it is a qualifier of the purposes of the torture. It is clear that the impacts of wind turbines on neighbours do not qualify as torture. However Article 16(1) below is clear that this Convention does not allow or countenance cruel, inhuman or degrading treatment of individuals.
16.1 Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Under any definition the treatment of wind project neighbours is cruel, inhuman and degrading. The treatment originates in State Cabinet policies followed by Planning, Health and Energy Departments and in some cases by State EPAs. Senior officers of these departments and authorities know the facts of damage to WEP neighbours, but proceed anyway, thus demonstrating the actions of consent or acquiescence.
In this case it is only necessary to prove cruel, inhuman or degrading treatment and not torture to trigger a transgression of human rights under this convention. The real impact is that it directs that it is so when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. Significantly this qualifier may create liability.
Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
The first paragraph of 16.1 (see above) makes it clear that the requirements of this Article 2 applies to cruel inhuman and degrading treatment by public officials¹
in this case the impact of wind turbines on neighbours.
No such action has been taken, nor does it appear likely and specifically unlikely until the matter is bought to the attention of the Human Rights Commission.
Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable grounds to believe that an act of torture² has been committed in any territory under its jurisdiction.
No such action has been taken.
Article 13
Each State Party shall ensure that any individual who alleges he has been subjected to torture² in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
There have been multiple complaints. No competent authorities have been appointed to examine these complaints. Where developers have purchased affected properties “gag” clauses have been required by the developer. No steps have been taken as directed by this article.
Article 14
1. Each State Party shall ensure in its legal system that the victim of an act of torture²
obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.
Compensation has been refused by developers and not even considered by relevant authorities.
2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.
Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
Discussed above.
2. The provisions of this Convention are without prejudice to the provisions of any other
international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.
¹ For these articles cruel inhuman and degrading treatment is substituted for the word ‘torture’.
²For these articles cruel inhuman and degrading treatment is substituted for the word ‘torture’.
iii) http://waubrafoundation.org.au/resources/wind-turbine-noise-adverse-health-effects-june-2014/
iv) The referred document is high quality analysis of CO2 savings by wind turbines and the costs thereof. It is presented solely to demonstrate that there is high quality analysis from these matters and if anyone wishes to argue the point made in this document, then it is recommended that they start by reading and understanding the reference. Submission 259 to Federal Senate Inquiry into Wind Farms and Health by Peter Lang:
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Wind_Turbines/Wind_Turbines/Submissions
vi) http://waubrafoundation.org.au/2014/too-little-sleep-causes-lasting-brain-damage/
vii) http://waubrafoundation.org.au/resources/who-night-noise-guidelines-for-europe/
ix) http://waubrafoundation.org.au/resources/macarthur-wind-energy-facility-preliminary-survey/
x) http://waubrafoundation.org.au/resources/waterloo-wind-farm-survey-2012/
xi) http://waubrafoundation.org.au/resources/evaluation-wind-farm-noise-policies-south-australia/
xii) http://waubrafoundation.org.au/library/community-noise-impact-surveys/
xiii) Independent acoustical and medical professionals’ statements: http://waubrafoundation.org.au/resources/hallstein-dr-w-ltr-famlouth-zoning-board-appeals/
http://waubrafoundation.org.au/resources/dr-sandy-reider-testimony-wind-noise-adverse-healtheffects/
Carlile, Prof S. Wind farm effect on balance ‘akin to seasickness’
xvi) http://waubrafoundation.org.au/resources/waubra-foundation-conversation-with-agl-ltd/
xvii) http://waubrafoundation.org.au/resources/mitchell-p-management-sound-emissions-from-wind-turbines/
xviii) http://waubrafoundation.org.au/resources/madigan-sen-john-corruption-fraud-power-generationindustry/
xx) http://waubrafoundation.org.au/resources/thorne-r-victorian-wind-farm-review-updated-june-2014/
xxii) https://ama.com.au/media/no-evidence-wind-farms-harm-health-ama
xxvi) http://waubrafoundation.org.au/resources/krogh-c-risk-harm-children-correia-may-15-2013/
xxvii) http://waubrafoundation.org.au/resources/sadeh-consequences-sleep-loss-or-sleep-disruption-children/
Human Rights And Wind Energy Projects-Part 1.
Human Rights And Wind Energy Projects-Part 2.
DeFrock 