A/HRC/43/54
B.
Asia and the Pacific
23.
There is a wide variety of legal cultures in Asia and the Pacific, as well as major
differences in history, political institutions and economic development, all of which militate
against making broad generalizations. The so-called Asian tigers – Malaysia, the Republic
of Korea and Thailand – have experienced rapid industrialization in recent decades, with
adverse environmental consequences. Azerbaijan, Kyrgyzstan, Turkmenistan and other
States have undergone turbulent changes associated with the transition from communism to
capitalism, and from an authoritarian Government to democracy. Timor-Leste is newly
independent, while Maldives is newly democratic. Turkey is in the process of joining the
European Union. The Islamic Republic of Iran and Iraq face daunting political, social and
economic challenges.
24.
Despite these differences, there are some features common to many States in Asia
and the Pacific. Prevalent environmental problems include rapid urbanization, acute
industrial pollution and the overexploitation of natural resources. The prioritization of
economic growth is a systemic problem that undermines the implementation and
enforcement of environmental laws. Repeated economic crises have resulted in cuts to
environmental budgets and increased the reluctance of Governments to enact and enforce
strong environmental laws and policies.
25.
Despite constitutional recognition of the right to a healthy environment,
environmental laws in some States are weak, plagued by poor drafting, vague language,
undefined terms, gaps and inconsistencies. Inadequate implementation and enforcement are
the Achilles heel of environmental law in much of Asia and the Pacific. Another major
problem in the region is the failure to coordinate laws, policies and enforcement between
national and subnational levels of government. Participants identified other problems that
undermine environmental protection and human rights, including:
(a)
Diffuse and sectoral, rather than coordinated and comprehensive, legislation;
(b)
Lack of systematic planning or policy coordination;
(c)
Lack of detailed regulations;
(d)
Gaps in terms of more recent challenges, such as greenhouse gas emissions;
(e)
Lenient standards;
(f)
Inadequate use of economic instruments;
(g)
Lack of political will;
(h)
Lack of capacity for implementation and enforcement;
(i)
Lack of training for judges, prosecutors and enforcement officials.
26.
Judicial systems in Asia and the Pacific also pose problems in terms of enforcing the
constitutional right to a healthy environment. While some judiciaries are relatively
powerful, others are weak. Judges are often criticized for their deferential attitude towards
legislative and executive branches of government and their lack of environmental
awareness and knowledge. In general, there is a pressing need for additional capacity,
training and institutional development. There are signs of improvement, including extensive
environmental education programmes for judges in countries ranging from Indonesia to the
Philippines. The Supreme Court of India, with its progressive jurisprudence interpreting the
right to life as incorporating the right to a healthy environment, has influenced courts
throughout Asia and the Pacific. International environmental law relating to the right to a
healthy environment is a major influence in some States, including India, Pakistan and the
Philippines.
27.
Participants stressed the fact that there was a trend towards shrinking civic space.
Unfortunately, intimidation and harassment against environmental human rights defenders
is increasing in some parts of the region. The role of environmental defenders is critical in
the realization of the right to a healthy environment. Concerns were expressed regarding
vulnerable populations, including indigenous peoples and those living in coastal and remote
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