PART 3 – SUMMARY OF COUNTRY REPORTS
Introduction
To assist the Advisory Council of Jurists in its consideration of the reference on Human Rights
and the Environment, a survey was distributed to Member National Human Rights Institutions
(‘NHRIs’) requesting information on:
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the relevance of international law in their domestic jurisdictions;
constitutional provisions, legislation and case law relating to:
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a right to an environment of a particular quality;
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protections against environmental harms, which affect human life, health and human
rights;
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the right to life; and
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obligations on state and non-state actors with respect to the environment;
reports by local, national or international non-governmental organisations (‘NGOs’) on
environmental harms, which affect the right to life and the right to health in Member States;
and,
the activities of NHRIs with respect to environmental harms.
The responses prepared by NHRIs provided useful indications of the challenges to recognising
a right to an environment of a particular quality in Member States. That said, the level of detail
provided in each response differed significantly. As such, this section does not purport to
provide a comprehensive assessment of the practices of member NHRIs or their states, but
rather, a comparative summary that may assist members as they consider the domestic
application of the ACJ report and recommendations.
What are some environmental problems raised by APF
members states?
Members reported a range of environmental issues impacting at both the regional and domestic
level. Air pollution was reportedly a significant regional problem in South East Asia, while other
issues, such as toxic waste, generally remain domestic problems and are addressed within
national boundaries. Members indicated that in many cases, the impact of environmental
degradation disproportionately affects those who are socially and economically disadvantaged,
and minority or marginalised groups in society.
Examples of environmental issues raised APF Member States include:
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air quality/pollution from manmade causes (e.g., cars, factories) and ‘natural’ causes (e.g.,
bushfires) – Australia, Malaysia, New Zealand, Palestine, the Philippines, Thailand;
water supply and water quality – Australia, India, New Zealand, Palestine, the Philippines,
Thailand;
land management and degradation of natural resources – New Zealand, the Philippines;
climate change – Australia, New Zealand, India;
waste management – New Zealand, India, Palestine, the Philippines, Thailand;
public safety arising from rubbish or the construction of dangerous structures in residential
areas – India, Palestine, the Philippines;
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