Access to Justice C1. Anyone and any community should be able to have access to justice; that is, access to review procedures and remedies. C2. Mechanisms facilitating access to justice and remedies should be fair, equitable, prompt, and free or inexpensive. C3. People and communities should be able to challenge breaches of participatory rights, decisions affecting the environment, and any breaches of national and international law relating to the environment. C4. Access to justice should include accessing courts, tribunals and other dispute resolution mechanisms. Where necessary, legal aid should be provided. This is particularly important in environmental and human rights cases, which necessarily have a public interest element. C5. The types of remedies available should include: restitution; compensation; rehabilitation; injunctive relief; and satisfaction and guarantees of non-repetition.191 C6. The state should develop and disperse information, policies and procedures about how the public can access justice and the remedies available to them. This information should be clear, and the state should facilitate public understanding of this information. C7. The concept of standing before tribunals, courts and other decision-making bodies should be broad. Individuals and communities should qualify as having standing before tribunals, courts and other decision-making bodies. Standing should also extend to those who have not been directly harmed by a breach of environmental participatory rights, or environmental laws and regulations. C8. The time frames within which people and communities may seek access to justice or remedies should be reasonable. People and communities should be given enough time to lodge applications and required documents. Limitation periods on actions should be widely dispersed. C9. The state should develop measures to assist people in accessing justice and remedies. C10. Where appropriate, the state should be proactive in organising remedies for people and communities, which are adversely affected by an environmental decision or matter. C11. If a request for review or a remedy fails/is refused, the relevant entity should notify the person or community requesting review or a remedy, and should provide reasons for the refusal and information about other review procedures. C12. Decision-making bodies and their members, including the judiciary, should be independent and impartial. 191 See generally Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted and proclaimed by UN General Assembly Resolution 60/147 on 16 December 2005; Stec and Casey-Lefkowitz, above n 3, 132–3. - 54 -