A/HRC/40/55
effect. The principle of non-regression means States must not weaken air quality
regulations, standards or policies.
74.
A comprehensive assessment of potential air quality actions in the Asia-Pacific
region identified 25 measures that could save millions of lives annually, reduce crop losses
by 45 per cent, fulfil the right to breathe clean air for a billion people by 2030 and provide
benefits for water, soil, forests and biodiversity. The measures include conventional actions
(e.g. standards for power plants, industry and vehicles), less common actions (e.g.
restrictions on burning agricultural waste and garbage and rules governing livestock manure)
and development actions with air quality co-benefits (e.g. clean cooking, energy efficiency
incentives and improved public transit). The annual costs of $300–$600 billion would be
offset by benefits for human health, food production, water security, environmental quality
and climate protection.35
75.
As mentioned earlier, certain aspects of air pollution cannot be addressed effectively
without coordinated international action. Under international human rights law, States have
an obligation to cooperate in addressing environmental problems that cross national borders,
including transboundary air pollution.
F.
Implementing and enforcing air quality rules
76.
States must ensure the effective enforcement of their environmental standards
against public and private actors (ibid., framework principle 12). Environmental laws,
regulations and standards are useless if they are not implemented and enforced. Sufficient
human and financial resources must be allocated to government agencies responsible for
enforcing them.
77.
States are obligated to ensure that people have access to remedies, through judicial
or similar processes, when their right to breathe clean air is being threatened or violated or
when other legal obligations related to air quality are not being fulfilled. In some States,
efforts to improve the environmental rule of law are needed to enable implementation and
enforcement.
G.
Evaluating and revising air quality standards and plans
78.
An essential element of efforts to improve air quality is to evaluate progress (or the
lack thereof) on a regular basis and revise air quality standards and plans accordingly. New
scientific evidence and public participation must also be incorporated into the review and
revision processes.
Business obligations related to air quality
79.
Businesses are obliged to respect human rights in all aspects of their operations, yet
are a major source of air pollution. In terms of their potential impacts on air quality,
businesses should comply with the Guiding Principles on Business and Human Rights as
well as the Children’s Rights and Business Principles.
80.
Regrettably, there are countless examples of businesses violating the right to breathe
clean air. For example, some Swiss businesses are selling extremely dirty diesel and
gasoline in West Africa (containing sulphur levels hundreds of times higher than European
law permits). 36 Some vehicle manufacturers acted fraudulently in selling millions of
vehicles equipped with “defeat devices” that enabled vehicles to pass emission tests but
produce illegal quantities of pollution under normal driving conditions. Businesses have
exported polluting facilities, outdated manufacturing equipment and used vehicles from
35
36
UNEP, Air Pollution in Asia and the Pacific: Science-Based Solutions (Bangkok, 2018).
Public Eye, Dirty Diesel: How Swiss Traders Flood Africa with Dirty Fuel (Lausanne, 2016).
13
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