NHRIs are urged to encourage their states to accede to the Aarhus Convention or to
develop a similar legal framework for participatory rights at either the domestic or regional
level.
Use of existing laws
3.1 Domestic Implementation
Given that all countries in the Asia Pacific region already have a variety of laws and policies
on the environment, NHRIs should urge the authorities to strengthen implementation of
such laws and policies in a human rights sensitive manner, including by maximising access
to information, public participation and the availability of remedies.
3.2 Issues affecting Implementation
Corrupt practices among state and non-state actors adversely affect the implementation of
environmental protection measures. In order to ensure the efficacy of existing and future
laws relating to environment, NHRIs should urge States to have regard to the principles and
measures in the United Nations Convention against Corruption.119
3.3 Environmental Impact Assessment
In particular, given that many countries have adopted Environmental Impact Assessments
(‘EIAs’), NHRIs should urge the authorities responsible for EIAs to cover more
comprehensively social impact/human rights impact assessment, complemented by
relevant measures to improve the quality of the environment. Where states have not
already done so, NHRIs should encourage them to introduce EIA regimes. 120
3.4 Mobilising all Stakeholders
NHRIs should encourage countries to mobilise all levels of government and should
themselves encourage all relevant stakeholders to promote the implementation of laws and
policies protecting a right to an environment of a particular quality. It is only through a
comprehensive and cooperative engagement with all stakeholders that rights will be
effectively promoted and protected. In this regard, specific attention should be given to
indigenous peoples and to particularly vulnerable groups in order to ensure measures do
not disproportionally impact upon them.
Education and public awareness
4.1 Engaging with key stakeholders
NHRIs are urged to keep various stakeholders, in particular the corporate and financial
sector, well informed of the developments and trends in emerging international standards
on corporate responsibility, responsible investment and environmental protection. NHRIs
are urged to encourage the financial and corporate sector to comply with these standards.
In particular, NHRIs should consider advocating the adoption of triple bottom line reporting,
which incorporates expanded criteria for measuring organizational success by assessing
not merely financial data, but also the impact of the enterprise on the society and
environment within which it operates.
4.2 Public Awareness
NHRIs are urged to invoke their education function to raise public awareness of the issues
of climate change, environmental obligations and existing community rights. Suggestions
include:
•
training judges, government officials and lawyers;
119
Entered into force 14 December 2005.
With regard to the conduct of Environmental Impact Assessment on land or resources owned by Indigenous peoples,
the Secretariat for the Convention on Biological Diversity has prepared voluntary guidelines. Refer: Secretariat of the
Convention on Biological Diversity Akwé: Kon Guidelines (2004) <http://www.cbd.int> (last accessed 10 April 2008).
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