B. Transboundary harm Some environmental problems cross borders. For example haze in South East Asia is a longstanding problem for many ASEAN States. ASEAN has developed a Cooperation Plan on Transboundary Pollution to attempt to address this issue. 164 C. Other initiatives A variety of initiatives have been undertaken to address environmental and related human rights issues at the domestic level. The Philippines’ government established fund pools to help citizens who have been affected by environmental and natural disasters. 165 In Malaysia, civil society adopted a Malaysian Charter of Human Rights, which expressly recognises the right to a healthy environment.166 Though not specifically attributed to the environment, a further interesting initiative is New Zealand’s Pacific Access Category for immigrants, which permits relocation of Pacific Islanders to New Zealand and could accommodate environmental refugees. 167 How does this information link with the recommendations? • Several NHRIs report working with environmental agencies to advocate for and educate about the impact of the environment on human rights. Members should consider the possibility of cooperating with environmental and other stakeholder groups in mobilising support for human rights and environmental issues: recommendations 3.2, 3.3, 4.1, 4.2, 6.1, 6.2, 7.1 The role of NHRIs A. Investigation and complaints All NHRIs have certain basic functions including monitoring and complaint handling, advocacy and education. However, the manner in which they undertake these tasks may differ, particularly with regard to complaint handling. 168 164 Ibid 133-5. See 157-8. 166 Ibid 125 167 Ibid 143. See Immigration New Zealand, Pacific Access Category (2007) <http://www.immigration.govt.nz/migrant/stream/live/pacificaccess/> at 7 March 2008; Immigration New Zealand, Samoan Quota Scheme (2007) <http://www.immigration.govt.nz/migrant/stream/live/samoanquota/> at 7 March 2008. 168 These differences may arise from the nature of the complaint or type of respondent. The Australian NHRI’s process depends on whether the complaint concerns discrimination or another breach of human rights. With regard to discrimination complaints, it has a wide jurisdiction to ‘discuss options for resolution with the parties and if required convene a conciliation conference so the parties can discuss the issues raised in the complaint’. For other alleged human rights breaches, the Australian NHRI has a narrower mandate of inquiring into these breaches if they are ‘committed by the Commonwealth or persons acting on behalf of the Commonwealth [ie, the state]’, 168 which includes non-state actors acting on behalf of the Commonwealth (Asia Pacific Forum, above n 4, 98). The Korean NHRI is also limited in what it can investigate because it can only investigate violations of arts 10 and 22 of the Constitution, which relate to a human’s worth and dignity and the right to pursue happiness, and the freedom of learning and the arts. Conversely, the Thai NHRI has broader powers relating to all human rights. It can examine any act violating human rights or an international Convention on human rights to which Thailand is a party. Also, it can propose remedial measures addressing the person/agency committing the acts (Thai Constitution 2007 (informal English translation) art 248(1)). The Malaysian NHRI does not have jurisdiction over non-state actors (Asia Pacific Forum, above n 1, 147), whereas the New Zealand NHRI has ‘a limited jurisdiction in relation to the activities of non-state actors ... [where there is] a complaint of unlawful discrimination ... in one of the areas of public life covered by the [Human Rights Act 1993 (NZ)]’ (Ibid 147). The Thai NHRI has authority to examine violations of human rights by state and non-state actors (Thai Constitution 2007 (informal English translation) art 248(1)). 165 - 45 -