Fourth ASEAN Chief Justices' Roundtable on Environment: Role of the Judiciary in Environmental Protection

12 - 14 December 2014

Event Tabs

The fourth ASEAN Chief Justices’ Roundtable on the role of the judiciary in environmental protection opened on December 13th in Hanoi by the Supreme People’s Court of Vietnam with the support of the Asian Development Bank (ADB).

This regional multilateral forum of ASEAN Chief Justices aims to confirm the role and the vision of judiciary in an effort of protecting environment. At this forum, chief justices and magistrates will share their experience, national and international laws on environmental protection and discuss effective measures to control challenges towards the environment.

Addressing the opening ceremony, Chief Justice of the Supreme People’s Court of Vietnam Truong Hoa Binh stressed that the roundtable opens in the context that the environmental issues have become a global pressure. Many countries have alarmed environmental pollution and its bad consequences considering environmental protection a common urgent task of countries all over the world.

The Vietnamese Chief Justice also informed the delegates of the 2014 Law on Environmental Protection of Vietnam with many amendments to contribute to sustainable development. He also hoped to receive more shared experience on setting light on environment-related cases and to find suitable cooperation mechanism of ASEAN courts in environmental protection.

In his speech, ADB General Counsel Christopher Stephens highly appreciated Vietnam’s law reforms with a remark on Vietnam’s target of green growth and low carbon economy and expressed the deep impressions on Vietnam’s progresses in environmental protection.

Themed “Environmental challenges and the role of judiciary”, the two-day roundtable will discuss ASEAN courts’ cooperation in environment, balancing locals’ interests and environmental protection, deforestation, illegal logging, wild animal smuggling, operations of environment-related regulations, and ASEAN courts’ cooperation program.
 

Friday, 12 December 2014

 
09:00 – 12:00

Arrival and Registration of participants at the hotel
Welcomed and picked up by the SPC

Lobby
 
12:00 – 14:00
Free Time
 
14:00 – 17:00
Sightseeing Program
 
18:30 – 20:30

Welcome Dinner
Hosted by Hon. Bui Ngoc Hoa, Permanent Deputy Chief Justice, the Supreme People’s Court of Viet Nam
Attire: Smart Casual

Hanoi Club Hotel
 

Saturday, 13 December 2014

 
07:00–08:00
Breakfast
El Patio
 
08:00–08:30
Recognition
Ballroom
 

Opening Ceremony

Chair: Hon. Bui Ngoc Hoa, Permanent Deputy Chief Justice
The Supreme People’s Court of Vietnam

 
08:30–08:40
Introduction to the Roundtable
  • Hon Deputy Chief Justice Bui Ngoc Hoa, the Supreme People’s Court of Viet Nam
 
08:40–09:00
Welcome and Opening Remarks
  • Hon. Chief Justice Truong Hoa Binh, the Supreme People’s Court of Viet Nam
 
09:00–09:15
Welcome Remarks
  • Mr. Christopher Stephens, General Counsel, Asian Development Bank
 
09:15–09:45
Introduction of delegates of each ASEAN Judiciary
 
09:45–10:00
Photo Session
 
10:00–10:15
Coffee Break
 

Part I: ASEAN Environmental Challenges and Judicial Cooperation

Morning Session
Chair: Hon. Bui Ngoc Hoa, Permanent Deputy Chief Justice
The Supreme People’s Court of Viet Nam

 
10:15–11:30

Session 1: ASEAN Judiciaries’ Cooperation on the Environment: The Jakarta Common Vision and the Proposed Hanoi Plan of Action

Jakarta Common Vision

  • Justice Takdir Rahmadi, Justice, Civil Chamber, Supreme Court of Indonesia (10 minutes)

ASEAN Judicial Working Group on Environment: First Meeting (10 minutes)

  • Mr. Ngo Cuong, Director General of International Cooperation Department, Supreme People’s Court of Viet Nam

Proposed Hanoi Action Plan to Implement the Jakarta Common Vision (20 minutes)

  • ASEAN Judicial Working Group on Environment
  • National Judicial Working Groups on Environment
  • ASEAN Contribution to Asian Judges’ Network on Environment
  • Progress Reports
  • Proposed Coordination with ASEAN Law Association and ASEAN Chief Justices’ Conference on Environment

ASEAN Judiciaries’ Report on their Implementation of the Jakarta Common Vision (10 minutes)

Q&A (25 minutes)

The speakers will summarize: (i) their achievements and challenges in implementing the Jakarta Common Vision, (ii) the results of the first ASEAN Judicial Working Group on Environment meeting, and (iii) the draft Hanoi Action Plan to implement the Jakarta Common Vision.

 
11:30–13:15
Lunch
 

Part II: ASEAN Environmental Challenges

Afternoon Session
Chair: Hon. Bui Ngoc Hoa, Permanent Deputy Chief Justice
The Supreme People’s Court of Viet Nam

 
13:15–14:45

Session 2: Balancing the Rights of Indigenous People and Environmental Protection

Session Facilitator: Atty. Harsha Fernando, Consultant, Sri Lanka Resident Mission, Asian Development Bank

Speakers:

  • Justice Presbitero J. Velasco, Jr., Associate Justice, Supreme Court of the Philippines (10 minutes)
  • Right Hon. Justice Tan Sri Richard Malanjum, Chief Judge, High Court of Sabah and Sarawak, and Judge, Federal Court of Malaysia (10 minutes)
  • Ms. Lucille Karen E. Malilong-Isberto, Head, Executive Council of the Committee on Monuments and Sites, Philippine National Commission for Culture and the Arts (10 minutes)

Panel Remarks: Brief Comment

  • Justice Igusti Agung Sumanatha, Justice, Supreme Court of Indonesia (5 minutes)
  • Hon. Khamphanh Sitthidampha, President, People’s Supreme Court of the Lao People’s Democratic Republic (5 minutes)
  • Justice Suntariya Muanpawong, Secretary, Environmental Division, Supreme Court of Thailand (5 minutes)

Q&A (30 minutes)

Speakers will present on the basic rights of indigenous people in accordance with their legal system and the enforcement of these rights while ensuring the protection of environment, encroachment on public lands and the means of protecting the environment, while ensuring balance between justice and economic development. Panelists will be given time to briefly comment on the speakers’ presentations or to share an update from their own jurisdiction. The facilitator will then frame the issues and invite participants to share their country’s experiences on these issues.

 
14:45–15:00
Coffee Break
 
15:00–16:30

Session 3: Illegal Logging and Deforestation, Timber Trafficking and Trade

Session Facilitator: Mr. Michael Dyson, Law Enforcement and Governance Specialist (Consultant), Asian Development Bank

Speakers:

  • Justice Le Van Minh, Director, Judicial Research Institute, the Supreme People’s Court of Viet Nam (10 minutes)
  • Mr. Rizal Bukhari, National Forestry Policy Senior Manager, The Nature Conservancy Indonesia (10 minutes)

Panel Remarks: Brief Comment

  • Justice Takdir Rahmadi, Justice, Civil Chamber, Supreme Court of Indonesia (5 minutes)
  • Justice U Tha Htay, Justice Supreme Court of the Union of Myanmar (5 minutes)
  • Right Hon. Justice Tan Sri Richard Malanjum, Chief Judge, High Court of Sabah and Sarawak, and Judge, Federal Court of Malaysia (5 minutes)

Q&A (45 minutes)

The facilitator will frame the issues, while the speakers will give overview presentations on relevant legal provisions and their country’s recent achievements related to the settlement of cases involving deforestation and violations of law on logging, managing and protecting forest. Panelists will be given time for to briefly comment on the speakers’ presentations, or to share an update from their own jurisdiction. The facilitator will then invite the participants to share their country’s experiences on these issues, focusing on their achievements since the Third Roundtable in terms of legislation and adjudication.

 
16:30
Courtesy visit to the State President.
 
18:30–20:30

Reception hosted by Hon. Truong Hoa Binh, Chief Justice, Supreme People’s Court of Viet Nam
Attire: Smart Casual

Hotel Melia
 

Sunday, 14 December 2014

07:00–08:30
Breakfast
El Patio
 

Morning Session Chair

Hon. Bui Ngoc Hoa, Permanent Deputy Chief Justice
Supreme People’s Court of Viet Nam

 
08:30–10:00

Session 4: Illegal Wildlife Crime, Trafficking and Trade

Session Facilitator: Mr. Scott Roberton, Viet Nam Country Representative, Wildlife Conservation Society (WCS)

Speakers:

  • Justice Dam Van Dao, Deputy Chief Judge of Administrative Court, the Supreme People’s Court of Viet Nam (10 minutes)
  • Justice Syed Mansoor Ali Shah, Judge, Lahore High Court, Pakistan (10 minutes)
  • Combating the Illegal Wildlife Trade video by ADB, World Wildlife Fund, and TRAFFIC (10 minutes)

Panel Remarks: Brief Comment

  • Justice U Tha Htay, Justice, Supreme Court of the Union of Myanmar (5 minutes)
  • Justice Somsack Taybounlack, Vice President, People’s Court of the Middle Region of Lao People’s Democratic Republic (5 minutes)
  • Right Hon. Justice Tan Sri Richard Malanjum, Chief Judge, High Court of Sabah and Sarawak, and Judge, Federal Court of Malaysia (5 minutes)

Q&A (35 minutes)

The facilitator will frame the session by discussing the issues of biodiversity loss and wildlife crimes, especially the illegal wildlife trade. Speakers shall give overview presentations on their country’s relevant legal provisions, enforcement agencies and recent achievements related to the settlement of cases involving the wildlife crimes. The facilitator will then invite participants to share their country experiences on these issues. The presentations and discussions shall focus on the achievements since the Third Roundtable in terms of legislation, enforcement, and adjudication. Panelists will be given time to briefly comment on the speakers’ presentations, or to share an update from their own jurisdiction. Participants will then be invited to share their country’s experiences on these issues.

 
10:00–10:15
Coffee Break
 
10:15–11:30

Session 5: Updates on Judicial Environmental Institutions: Courts, Rules and Access to Environmental Justice

Session Facilitator: Justice Rachel Pepper, Judge, Land and Environmental Court of New South Wales, Australia

Speakers:

  • Justice Ubonrath Luivikkai, Judge, Supreme Court of Thailand (10 minutes)
  • Justice Presbitero J. Velasco, Jr., Associate Justice, Supreme Court of the Philippines (10 minutes)

Panel Remarks: Brief Comment

  • Justice Takdir Rahmadi, Justice, Civil Chamber, Supreme Court of Indonesia (5 minutes)
  • Representative of Supreme People’s Court of Viet Nam (5 minutes)
  • Right Hon. Justice Tan Sri Richard Malanjum, Chief Judge, High Court of Sabah and Sarawak, and Judge, Federal Court of Malaysia (5 minutes)

Q&A (30 minutes)

Speakers shall update the Roundtable on the process of decision-making in their environmental courts and decisions since the last Roundtable. As the judiciaries are generally familiar with these courts and institutions, speakers and panelists will focus on specific institutional, case, and rule updates that have affected the rights of the public to access environmental rights, since the last Roundtable. The facilitator will share her experiences from an Australian perspective and then frame the legal provisions and practical experiences of the judiciary which can improve the access of the public, media and judges to information related to the cases. Panelists will be given time to briefly comment on the speakers’ presentations, or share an update from their own jurisdiction. Participants will then be invited to share their country’s experiences on these issues.

 
11:30–13:00
Lunch
 
13:00–14:00

Session 6: The Judiciary, the Executive and Environmental Protection

Session Facilitator: Justice Presbitero Velasco, Jr., Associate Justice, Supreme Court of the Philippines

Speakers:

  • Mr. Duong Thanh An, Head, Law Department, Ministry of Natural Resources and Environment (10 minutes)
  • Justice Syed Mansoor Ali Shah, Judge, Lahore High Court, Pakistan (10 minutes)

Panel Remarks: Brief Comment

  • Mr. Aedit Bin Abdullah, Judicial Commissioner, Supreme Court of Singapore (5 minutes)
  • Justice U Tha Htay, Justice, Supreme Court of the Union of Myanmar (5 minutes)
  • Hon. Khamphanh Sitthidampha, President, People’s Supreme Court of the Lao People’s Democratic Republic (5 minutes)
  • Hon. Chiv Keng, Vice President, Supreme Court of Cambodia (5 minutes)

Q&A (10 minutes)

Representative from the Supreme People’s Court of Vietnam and Lahore High Court, Pakistan will give a general presentation on the coordination among the legislative, executive and judicial agencies in protecting the environment in general, and in deciding environmental disputes, in particular. The coordination among these agencies is mostly in drafting laws and deciding environmental cases. In contrast, in Singapore and some other common law countries, judicial independence requires complete separation between the executive and the judiciary. Panelists will be given time to briefly comment on the speakers’ presentations, or share an update from their own jurisdiction. Participants will then share their experiences with other state agencies in protecting the environment, particularly in deciding environmental cases.

 
14:00–15:00

Session 7: Assessment of Damages in Environmental Cases

Session Facilitator: Justice Rachel Pepper, Judge, Land and Environmental Court of New South Wales, Australia

Speakers:

  • Justice Merideth Wright, Distinguished Judicial Scholar, Environmental Law Institute, formerly Vermont Environment Court (10 minutes)
  • Justice Suntariya Muanpawong, Secretary, Environmental Division, Supreme Court of Thailand (10 minutes)
  • Justice Jose P. Perez, Associate Justice, Supreme Court of the Philippines (10 minutes)

Q&A (20 minutes)

The facilitator will frame the issues. The speakers will then present their judiciary’s method(s) of assessing damages in environmental cases in accordance with their legal system, the advantages of their chosen method(s), and the challenges they face in assessing such damages. The facilitator will then invite the participants to share their country’s experiences on these issues.

 
15:00–15:15
Coffee Break
 
15:15-16:15

Session 8: Environmental Institutional Reforms and Training Institutes

Session Chair: Justice Adolfo Azcuna, Chancellor, Philippine Judicial Academy

Co-Facilitator: Dr. Kala Mulqueeny, Principal Counsel, Asian Development Bank

Speakers:

  • Justice Chu Xuan Minh, Director, Judge Training School, Viet Nam (10 minutes)
  • Justice Agung Sumanatha, Head, Judicial Training Center for Judiciary, Supreme Court of Indonesia (10 minutes)
  • Justice Sarawat Benjakul, Secretary-General, Judicial Training Institute, Office of the Judiciary, Thailand (10 minutes)

Panel Remarks: Brief Comment:

  • Mr. Phongurn Chanthanakhone, Head, Judicial Training Center, Lao People’s Democratic Republic (5 minutes)

Q&A (15 minutes)

The facilitator will frame the issues, while the speakers will then present their judicial training institute’s method(s) of incorporating environment law and issues into their training curriculum at the candidate judge level and senior judge level. They will propose improvements as needed. Panelists will be given time to briefly comment on the speakers’ presentations, or share an update from their own jurisdiction. Participants will then be invited to share their country’s experiences on these issues.

 
16:15–17:15

Session 9: Cooperation amongst ASEAN Judiciaries on Environmental Protection

Chair: Representative of ADB and of the SPC of Vietnam

  • Hanoi Plan of Action
  • ASEAN Chief Justices’ Conference on Environment (Coordination)
  • ASEAN Secretariat (Coordination)
  • Fifth ASEAN Chief Justices’ Roundtable on Environment

Participants will then be invited to share their opinions on these issues.

 

Closing Session

Chair: Hon. Bui Ngoc Hoa, Permanent Deputy Chief Justice
Supreme People’s Court of Viet Nam

 
17:15–17:30

Souvenir Presentation

Closing Remarks

  • Dr. Kala Mulqueeny, Principal Counsel, Asian Development Bank
  • Hon. Truong Hoa Binh, Chief Justice, the Supreme People’s Court of Vietnam
 

Monday, 15 December 2014

 
 

Check-out and departure

Session 1: ASEAN Judiciaries’ Cooperation on the Environment: The Jakarta Common Vision and the Proposed Hanoi Plan of Action

Jakarta Common Vision
Justice Takdir Rahmadi, Justice, Civil Chamber, Supreme Court of Indonesia

  Download
76.58 KB
 
Session 1: ASEAN Judiciaries’ Cooperation on the Environment: The Jakarta Common Vision and the Proposed Hanoi Plan of Action

ASEAN Judiciaries' Cooperation on the Environment
Dr. Kala Mulqueeny, Principal Counsel, Office of the General Counsel, Asian Development Bank

  Download
11.43 MB
 
Session 1: ASEAN Judiciaries’ Cooperation on the Environment: The Jakarta Common Vision and the Proposed Hanoi Plan of Action

Mr. Ngo Cuong
Director General of International Cooperation Department, Supreme People’s Court of Viet Nam

  Download
94.87 KB
 
Session 3: Illegal Logging and Deforestation, Timber Trafficking and Trade

Mr. Rizal Bukhari
National Forestry Policy Senior Manager, The Nature Conservancy Indonesia

  Download
4.39 MB
 
Session 3: Illegal Logging and Deforestation, Timber Trafficking and Trade

LLM. LE Van Minh
Director Institute for Judicial Science, SPC

  Download
148.29 KB
 
Session 3: Illegal Logging and Deforestation, Timber Trafficking and Trade

Gusti Agung Sumanatha.,SH.,MH
Justice of The Supreme Court of Republic of Indonesia

  Download
59.83 KB
 
Session 4: Illegal Wildlife Crime, Trafficking and Trade

Mr. Scott Roberton
Wildlife Conservation Society

  Download
4.25 MB
 
Session 4: Illegal Wildlife Crime, Trafficking and Trade

Justice Syed Mansoor Ali Shah
Judge, Lahore High Court, Pakistan

  Download
19.58 MB
 
Session 5: Updates on Judicial Environmental Institutions: Courts, Rules and Access to Environmental Justice

Justice Ubonrath Luivikkai
Judge, Supreme Court of Thailand

  Download
1.6 MB
 
Session 5: Updates on Judicial Environmental Institutions: Courts, Rules and Access to Environmental Justice

Justice Presbitero J. Velasco, Jr.,
Associate Justice, Supreme Court of the Philippines

  Download
118.18 KB
 
Session 5: Updates on Judicial Environmental Institutions: Courts, Rules and Access to Environmental Justice

Justice Takdir Rahmadi
Justice, Civil Chamber, Supreme Court of Indonesia

  Download
61.33 KB
 
Session 6: The Judiciary, the Executive and Environmental Protection

Mr. Duong Thanh An
Head, Law Department, Ministry of Natural Resources and Environment

  Download
2.3 MB
 
Session 6: The Judiciary, the Executive and Environmental Protection

Justice Syed Mansoor Ali Shah
Judge, Lahore High Court, Pakistan

  Download
24.55 MB
 
Session 6: The Judiciary, the Executive and Environmental Protection

Mr. Aedit Bin Abdullah
Judicial Commissioner, Supreme Court of Singapore

  Download
280.83 KB
 
  Download
154.69 KB
 
Session 8: Environmental Institutional Reforms and Training Institutes

Justice Chu Xuan Minh
Director, Judge Training School, Viet Nam

  Download
126.08 KB
 
Session 8: Environmental Institutional Reforms and Training Institutes

Justice Agung Sumanatha
Head, Judicial Training Center for Judiciary, Supreme Court of Indonesia

  Download
1.6 MB