A/HRC/43/53 A/HRC/40/60/Add.2). These positive steps were taken to respond to the murders of highprofile defenders, and implement recommendations made by the Inter-American Commission on Human Rights. In 2019, seven men were sentenced to at least 30 years in jail for their role in the murder of Berta Cáceres, an indigenous environmental defender. 29. In Peru, the national human rights plan for 2018–2021 highlights the vital work of human rights defenders. In 2019, the Ministry of Justice drafted a protocol guaranteeing the protection of human rights defenders. The objectives are to promote the recognition of human rights defenders, to take specific protection measures for those at risk, to work towards the implementation of preventive measures, and to ensure prompt and effective investigation of threats against defenders. In the first case of its kind, prosecutors are seeking a 35-year jail sentence for two businessmen and three loggers implicated in the murder of four indigenous environmental human rights defenders. 8 3. Access to justice 30. Good practices relating to access to justice and effective remedies are often aimed at overcoming three major obstacles: standing to sue, economic barriers, and lack of judicial expertise in environmental matters. In most States where the right to a safe, clean, healthy and sustainable environment is recognized in the Constitution, individuals and nongovernmental organizations have standing to bring lawsuits based on the violation of this right or of environmental laws (for example, in Argentina, Colombia, Costa Rica, India, Portugal, Romania and Slovenia). 31. Globally, there are more than 1,000 specialized environmental courts and tribunals at the national and subnational levels. The advantages of these judicial and quasi-judicial bodies include enhanced legal and scientific expertise, streamlined processes, flexibility, the use of alternative dispute resolution, comprehensive jurisdiction, open rules about standing (eligibility to file cases), effective remedies and enforcement powers, and unique case management tools.9 Examples include the National Green Tribunal in India, the Environment and Land Courts and National Environmental Tribunal in Kenya and the Land and Environment Courts in Sweden. 32. According to the Global Alliance for National Human Rights Institutions, more than 100 States have national human rights institutions in the form of human rights commissions or human rights ombudspersons. 10 These institutions generally have two core functions: independent review of the nation’s human rights record, and addressing individual grievances or complaints alleging human rights violations. Some national human rights institutions (such as those in Austria, Chile, Czechia, Hungary, Kenya and Romania) also have the power to file lawsuits or to intervene in cases against the Government on behalf of communities whose rights are being violated. 33. Costa Rica has three exemplary institutions that provide access to justice. First, an independent office of the ombudsperson protects the rights of citizens by ensuring that the public sector meets the standards set by the Constitution, statutes, treaties and general principles of law, as well as standards of morality and justice. The office may, either on its own initiative or upon request, investigate complaints of alleged human rights violations by public authorities, initiate judicial or administrative proceedings to address such violations, participate in parliamentary debates or review legislative proposals. Much of the work of the Ombudsperson in recent years has concerned environmental issues, including the constitutional right to a healthy and ecologically balanced environment. Colombia, Croatia and Portugal also have ombudspersons who are active in environmental matters. 34. Second, the Environmental Administrative Tribunal has jurisdiction to hear complaints for violations of all laws protecting the environment and natural resources. The Tribunal may carry out site visits to determine the nature of environmental damage, require 8 9 10 See www.voanoticias.com/a/peru-fiscalia-asesinato-ambientalistas-/5148352.html. George Pring and Catherine Pring, Environmental Courts & Tribunals: A Guide for Policy Makers, UNEP, 2016. See https://nhri.ohchr.org/EN/Pages/default.aspx. 7