(h) global and international responsibilities relating to the
environment must be discharged in the national interest
4) The Act also provides for a fund in terms of section 52. The object of the fund
are amongst other things to rehabilitate degraded environments and to clean
up polluted environments.
6.3.
International law
The United Nations Guiding Principles on Business and Human Rights
(UNGPs)
6.3.1 The UNGPs are the authoritative global standard on business and human rights
which were unanimously endorsed by the United Nations Human Rights
Council in 2011. The 31 principles set expectations of states and companies
about how to prevent and address negative impacts on human rights by
business. The Guiding Principles apply to all states and all businesses
worldwide and today are being implemented by companies, governments and
their stakeholders on every continent.
6.3.2. The principles have three pillars linked to them namely: the duty of the State to
protect citizens from negative impacts of business activities, the duty of
corporates to respect rights of citizens as well as the right of citizens to access
remedies in the event of human rights violations by corporates.
6.3.3. The duty to protect sets in from the time the State signs and ratifies human rights
treaties and conventions which should then be translated into domestic laws
with enforcement processes. This duty includes respecting human rights in
what the state does, protecting human rights against abuse by others, and
fulfilling human rights over time where that requires considerable resources, for
example in providing access to education or clean water. The State is supposed
to put in place adequate standards and regulations for protection of its citizens
from harmful business activities. The standards and regulations should be
enforceable if they are to be effective as protection mechanisms.
6.3.4. The duty to respect by corporates means that all businesses should put in place
appropriate policies and processes in a proactive effort to respect human rights.
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