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). 120 - 35 -

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