Korea (South Korea), 110 The Republic of the Philippines, 111 The Democratic Socialist Republic of Sri Lanka,112 The Kingdom of Thailand. 113 With the Asia Pacific region more broadly, the following non-member states have some form of constitutional protection of the environment: Cambodia; Islamic Republic of Iran; Lao People’s Democratic Republic; The Federated States of Micronesia; The Republic of Palau; Occupied Palestinian Territory; The Independent State of Papua New Guinea; Qatar; Saudi Arabia; Republic of China (Taiwan); Timor l’Este;114 United Arab Emirates; The Republic of Vanuatu and The Socialist Republic of Vietnam. Defining a Right to Environmental Quality The international community has long sought to define a human right to environmental quality. First, the Stockholm Declaration referred to “an environment of a quality that permits a life of dignity and well-being". In 1993, the UN World Commission on Environment and Development report proposed a right to “an environment adequate for . . . health and well-being”. In 1992, the Rio Declaration coupled environment and development, endorsing the principle of ‘sustainable development’, that is, development that meets the developmental and environmental needs of present and future generations. In 1994, the report of the UN Special Rapporteur on Human Rights and the Environment included the proposed right to a secure, healthy and ecologically sound environment, (Principle 2). Developments have also occurred at the regional and national level and these have been equally diverse. While both the Inter-American and African human rights instruments recognise a human right to environmental quality, the former recognises an ‘individual’, and the latter, a ‘peoples’ right. At the national level, over 27% of national constitutions define a right to a clean and healthy environment but in a variety of ways. 115 For further information in regard to national developments, see the ACJ Reference Paper: Human Rights and the Environment. 116 Issues to be addressed The ACJ is of the view that any attempt to define a human right to environmental quality must address the following issues: • • • The right of all persons, communities and peoples to a safe, secure, healthy and ecologically sound environment that is protected, preserved and improved both for the benefit of present and future generations, and in recognition of the inherent value of ecosystems and biodiversity. The state’s responsibility to protect, preserve, remediate and improve the environment, noting the principle of common, but differentiated responsibility The responsibility of all individuals, communities, peoples and other non-state actors to respect, protect and preserve the environment, and remedy any degradations of the environment for which they have been responsible. “give priority to the protection of the environment and also to the prevention of its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and . . . [to] make arrangements for the special protection of the rare wildlife, the forests and the vegetation”, (Part 4, Article 26). 110 “to a healthy and pleasant environment”, Chapter II, Article 35(1). 111 “the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature”, (Article II, Section 16). 112 State shall protect, preserve and improve the environment for the benefit of the community”, (Chapter VI, Article 27(14)). 113 the promotion, maintenance and protection of the quality of the environment in accordance with persistent development principle as well as the control and elimination of pollution affecting public health, sanitary conditions, welfare and quality of life”, (Chapter V, Section 79). 114 “all have the right to a humane, healthy, and ecologically balanced environment and the duty to protect it and improve it for the benefit of the future generations”, (Title III, Article 61(1)). 115 Further information is available in the Reference Paper: Human Rights and the Environment at Part 2. Ref. note 4 above. 116 . Asia Pacific Forum, above n 4 109 - 31 -