PART 2 - RECOMMENDATIONS Human Right to the Environment 1.1 Advocacy of a human right to environment The indivisibility and interdependence of human rights has long been recognised. In addition, and as has been indicated above, many human rights rely on environmental quality for their full realisation, a point clearly recognised by Justice Weeramantry of the ICJ (see above at page 19). The ACJ’s primary recommendation therefore is that NHRIs advocate the adoption and implementation of a specific right to an environment conducive to the realisation of fundamental human rights. 1.2 Content of a human right to environment 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.. • The state’s obligation to regulate and enforce the responsibilities enumerated above. • The right of all individuals, communities, peoples and other non-state actors to full information about environmental issues, the right to participate in decision-making processes on environmental issues and the right to access remedies. • The state’s obligation to enforce and appropriately regulate the rights enumerated above. • The potential conflict between environmental protection and the right to culture. This will require an assessment and balancing of the needs of particular groups including Indigenous people, women and children, castes, vulnerable groups and minority groups; • The needs of groups that are disproportionately affected by environmental harms, and groups, including indigenous peoples, that have a special cultural connection with the environment. • Specific protection for environmentally displaced and affected persons, including a guarantee of their resettlement in a manner that enables the continuation of their culture, traditional means of livelihood and a guarantee of their human rights. To the extent possible, there should be a protection against displacement, and the preservation of traditional means of livelihood and culture. • The principle of international solidarity, shared responsibility and the provision of aid, including capacity-building and technical assistance, in respect of environmental harm and disasters. • The appropriate balance between the right to sustainable development and environmental protection, the latter of which may impact adversely on vulnerable and disadvantaged groups, particularly in developing communities. - 33 -