requires states to refrain from interfering directly or indirectly with the enjoyment of human rights. The obligation ‘to protect’ requires states to take measures that prevent third parties from interfering with human rights. The obligation ‘to fulfil’ contains obligations to facilitate, provide and promote human rights. 58 To the extent that environmental harms breach rights guaranteed under ICCPR, art 2(1) of that Covenant places an obligation on States Parties to respect rights guaranteed by the Covenant and to guarantee them to all individuals in their territory and subject to their jurisdiction. Article 2(3) of ICCPR requires states to ensure an effective remedy for persons whose rights have been violated. Such rights may be secured by legislative, judicial, administrative and other appropriate measures, and States must take positive measures to secure rights, including protecting individuals against violations by non-state actors.59 To the extent that environmental harm represents a violation of rights guaranteed under ICESCR, art 2(1) of that Covenant requires states to take steps to realise progressively, and to the maximum of their available resources, the full realisation of those rights, including through the adoption of legislative measures. UNHRC General Comment 3 on ICESCR provides that states must take appropriate administrative, financial, educational and social measures to secure the progressive realisation of the rights guaranteed under the Covenant. Remedies may include judicial remedies. Damage to the environment by natural forces may also impact adversely on the realistion of rights contained in both the ICCPR and ICESCR. In keeping with this link states also have a responsibility to mitigate the effects of natural disasters. In this regard the Hyogo Declaration and Framework for Action 2005 - 2015 highlight the connection between sustainable development and disaster risk reduction, which is particularly relevant to the small island states in the Asia Pacific region. 60 When Are Human Rights Violations Attributable to a State? States are responsible for every act or omission which constitutes a breach of any international obligation of the state, including human rights violations. In this regard, states are responsible for the actions of organs of the state. 61 Whether an actor is an organ of the state depends on the internal laws of that state; however, these internal laws cannot operate to shield the state from responsibility for actors that are de facto public functionaries. 62 In addition, it is a well established principle of international law that the activities of public officials or entities are still attributable to the state even though their activities may be outside their legitimate capacity, provided that the public officials or entities acted as authorised officials or entities. 63 States are also responsible for non-state actors (including state-owned or state-controlled companies) undertaking public functions, or where the state exercises effective control over 58 See UNHRC General Comment 14 on ICESCR on the right to health. See UNHRC General Comment 31 on ICCPR. 60 Refer Hyogo Framework for Action 2005 - 2015 <http://www.unisdr.org/wcdr/intergover/official-doc/L-docs/Hyogoframework-for-action-english.pdf> (last accessed 3 June 2008) at [4]. See also United Nations “Report of the World Conference on Disaster Reduction” (16 March 2005) A/CONF.206/6 at 16(i) (Disaster Reduction Conference Report) at 8. Priorities for action for 2005-2015 include the need to bolster international co-operation in environmental actions as this will help to stimulate capacity building and the sharing of knowledge on disaster risk reduction. In particular, for disaster prone countries such as SIDS (Small Island Developing States), a unified, multi-hazard approach to disaster risk mitigation should be included in policies and plans relating to sustainable development and disaster relief. A gender perspective as well as plans and policies which consider cultural diversity, age and the vulnerability of certain groups and how these factors may impact on plans and policies surrounding disaster risk reduction should be developed. Most importantly for the Pacific, SIDS were identified as requiring particular attention due to the vulnerability of island states which is disproportionate to their ability to respond and rebuild after disasters. The issue of debt sustainability is also crucial for disaster risk management and the Priorities for Action approve of the enhanced Heavily Indebted Poor Countries Initiative which enables a wider group of countries to qualify for increased debt relief. 60 61 Ibid 64. 62 Ibid 65. 63 Ibid 65-6. 59 - 21 -