B. Environmental protection Most Member States have comprehensive legislation regulating the management and protection of the environment. Regulation occurring through the imposition of pollution or quality standards can be found in Afghanistan, Australia, India, Malaysia, New Zealand, the Republic of Korea and Thailand. 142 New Zealand reported that sustainability is the guiding principle in legislation about the ‘management of natural and physical resources, Indigenous forests, and fisheries’. 143 Many states also promote environmental protection through placing distinct restrictions on the practices of particular industries. This serves to address the unique forms of pollution and environmental degradation associated with certain industry, particular those involved in extraction and processing of minerals. C. Procedural environmental rights General procedural rights guaranteed by legislation are quite common in APF Member States. In addition, a number also have specific environmental procedural rights. 144 Where procedural rights are not covered by legislation, they may be legally guaranteed through other means (for example: the Constitution in Thailand (see above question three)). Issues of standing may impact significantly on the effectiveness of procedural rights and broad provisions, such as those found in certain Australian States, may ensure greater protection and/or redress. 145 D. The right to life Where the right to life is not otherwise protected in the Constitution, the domestic legislation establishing or administered by NHRIs invariably recognises the right to life. 146 More information on how the right to life is interpreted in different countries is provided below in question five and in the accompanying Reference Paper. E. Obligations on state and non-state actors i. Obligation to uphold a right to environment On the basis of the information received, only some jurisdictions create express ‘obligations’ to protect the environment. These obligations may appear in constitutional or legislative texts, and generally apply to the state. In some cases, constitutional provisions also place an obligation on individual citizens. 147 In at least one state, non-state actors are specifically mentioned. In the Philippines, the government has responsibility to protect individuals and the environment against violations by non-state actors, and may issue ordinances and create legislation protecting the environment and regulating the projects of non-state actors.148 In other countries, there are no apparent obligations on states or non-state actors in relation to the environment, or that information has not been provided in the questionnaire responses. ii. Obligations relating to human rights In Australia and New Zealand, legislation does not impose any positive obligations on the state to prevent human rights violations by non-state actors.149 The New Zealand Bill of Rights Act 1990 binds the executive and legislature (as well as the judiciary) and therefore the state owes 142 Asia Pacific Forum, above n.4. p. 98,131, 177. See also Environment Law 2007 (Afghanistan) arts 27–63 Ibid 137-9. 144 Ibid. 99, 145, 156-62 145 Ibid 104. 146 Ibid 100, 128. 147 Ibid 106. See also Environment Law 2007 (Afghanistan) arts 13, 16, 68, 69. 148 Ibid 156. 149 Ibid 104, 141. 143 - 41 -