ADB co-hosted the Fourth South Asia Judicial Roundtable on Environmental Justice on 28-29 November in Kathmandu, where Chief Justice Kalyan Shrestha of Nepal and Deputy General Counsel Ramit Nagpal opened the event. Attendees included judges, legal professional, and participants from South Asia and other regions. The event was co-organized with the Supreme Court of Nepal and supported by WWF-Nepal.
Guest Check-in at Hotel Yak & Yeti
Chair: Hon. Mr. Justice Girish Chandra Lal, Supreme Court of Nepal
Chief Guest: Rt. Hon. Mr. Justice Kalyan Shrestha,
Chief Justice of Nepal
This session begins with a look at the impact of the recent earthquakes in Nepal on the people and the environment. It will also look into the understanding and evolution of jurisprudence on environmental justice as well as existing best practices, methodologies, and techniques adopted by courts of the region. Both the judiciary and civil society’s perspectives on the concept will also be presented.
Video Footage on the Nepal Earthquake - 15 minutes: NTV
Presentation 1: Earthquake and Earth Justice: Emergence of the Environmental Justice Movement and its Relevance in Addressing Unanticipated Events by Hon. Mr Justice Dr. Ananda Mohan Bhattarai, Chief Judge, Court of Appeal, Nepal (20 minutes)
Presentation 2: Establishment of Green Courts: Rationale, Legal and Institutional Arrangements, and Best Practices: Experience from India by Hon. Mr. Justice Swantanter Kumar, Chairperson, National Green Tribunal, India (20 minutes)
Presentation 3: Methodologies for Access to Environmental Justice by Hon. Judge Merideth Wright, Distinguished Judicial Scholar, Environmental Law Institute; and, former judge of the Vermont Environmental Court (1990-2011) (20 minutes)
Presentation 4: Enforcement and Compliance of Decisions on Environment: Perspective from the Civil Society by Mr. Prakash Mani Sharma, Pro-Public, Nepal (20 minutes)
Q&A – 30 Minutes
This session will introduce current and evolving discussion on the SDGs. It aims to give an understanding of international development goals, moving from previous MDGs to SDGs and climate justice, which reflects today’s most pressing challenges. These new aspirations are taken in the context of environmental protection and how the rule of law and judges play a key role to its success and achievement.
Presentation 1: Environmental Rule of Law and Sustainable Development by Hon. Mr. Justice Baidyanath Upadhyay, Justice, Supreme Court of Nepal (20 minutes)
Presentation 2: Looking into SDGs from the Right Perspective: Can SDGs be Actionable Rights? by Mr. Keyvan Izadi, Multi-Country Climate Smart Agriculture Programme Manager, SNV: Netherlands Development Organization (20 minutes)
Presentation 3: Climate Change: Need for Legislative Cover and Social Awareness in Pakistan in light of Post-2015 Development Agenda by Mr. Mansoor Usman Awan, Advocate/Founder, AJURIS Advocates and Corporate Counsels, Pakistan (20 Minutes)
Presentation 4: Concept of Climate Justice in the Context of SDGs by Hon. Mr. Justice Syed Mansoor Ali Shah, Lahore High Court, Pakistan (20 minutes)
Q&A – 30 Minutes
At the end of Day 1, participants are invited to look at two important overarching topics. First, access to environmental justice as an evolving concept is made more effective through tools, ideas, and methodologies available at the disposal of judges. Second, a discussion on the role of stakeholders, particularly the judiciary, seeks to provide better understanding of how issues and challenges related to environmental justice can be addressed.
Presentation 1: ADB's Role in Strengthening Environmental Governance and Asian Judges Network on Environment by Ms. Irum Ahsan, Project Leader and Senior Counsel, ADB (20 minutes)
Presentation 2: Quantifying Environmental Damage, Ecosystem Services, Green Accounting and Natural Capital in Decision Making by Mr. Leo Saldanha, Environmental Support Group-India (20 minutes)
Presentation 3: Ensuring Environmental Governance: Role of Key Stakeholders and the Judiciary– Video Presentation by Hon. Mr. Justice Antonio Herman Benjamin, STJ, Brazil (TBC) (15 minutes)
Presentation 4: SAARC Perspective on Recent Development on Environmental Justice by Hon. Mr. Justice Qazi Faez Isa, Supreme Court of Pakistan (TBC) (15 minutes)
Q&A – 30 Minutes
Dinner hosted by the Rt. Hon. Mr. Justice Kalyan Shrestha, Chief Justice of Nepal
This session will present an overview on the issue of migration and urbanization in South Asian Countries and environmental challenges created by it. Issues related to urbanization include waste management, transport and mobility, air pollution, and preserving open spaces. The ongoing rapid urbanization without adequate urban governance and service provision means that urban population is at a risk of environmental hazards such as increasing poverty, homelessness, ill health, pollution, and crime, among others. The perspective from the business sector and what the industry can do to address these issues will also be presented.
Presentation 1: Hazards of Urbanization in South Asia: Preserving Open Spaces, Sustainable Urban Transport and Mobility Amid Rising Urbanization by Ms. Saima Amin Khawaja, Managing Partner, Progressive Advocates and Legal Consultants, Pakistan (20 minutes)
Presentation 2: Managing Urban Solid Waste: Distribution of Opportunities and Hazards by Dr Somlal Subedi, Nepal (20 minutes)
Presentation 3: Judicial Approaches to the Issue of Air Pollution in South Asian Cities by Mr. Jay Pendergrass, Acting Vice President, Research and Policy, Environmental Law Institute (20 minutes)
Presentation 4: Industrialization and the Environment: Perspective from the Industry/Business Sector by Mr. Sanith de Silva Wijeyeratne, Sri Lanka (20 minutes)
Q&A – 30 Minutes
This session will look at challenges to South Asia’s biodiversity and natural resources, as well as efforts for its conservation and protection. Given that many people now depend on what have become degraded ecosystems to sustain their livelihoods, ecological restoration needs to be addressed urgently. This session will also explore regional approaches to finding common solutions, as well as how communities play their part through local grass-root level initiatives.
Presentation 1: Rural Case Study on the Maximization of Water Resources: Pakistan Community Water Management Initiative by Sarah Khan, Activist and Film Maker, Pakistan (20 minutes)
Presentation 2: Disputes Relating to Community Forest Conservation: Evolving Judicial Approach by Hon. Mr Justice Til Prasad Shrestha, Court of Appeal, Nepal (20 minutes)
Presentation 3: Legal protection for Wildlife: Implementing International and National Commitments for the Protection and Sustainable Use of Biodiversity by Mr. Bruce Dunn, Senior Environment Specialist, ADB (20 minutes)
Presentation 4: Reinventing Sustainable Rural Development: Utilization of Resources and Geographical Niches by Dr. Nakul Chettri, ICIMOD (20 minutes)
Q&A – 30 Minutes
This session will discuss emerging trends and developments in the regional and international spheres, particularly on the negotiations for a new and binding international agreement on climate change and impacts of natural disasters in wildlife and biodiversity. These issues and their potential legal and regulatory implications are made more relevant for judges as competing rights and interests are brought before courts. The role of judges and evolving regionalism will also be discussed.
Presentation 1: Climate Change and the Law – A Judicial Viewpoint by The Rt. Hon. Lord Robert Carnwath of Notting Hill, CVO, UK (20 minutes)
Presentation 2: Hydropower Development and Challenges: Role of the Judiciary by Mr Rajendra K. Kshatri, Secretary, Ministry of Energy, Nepal (20 minutes)
Presentation 3: Impact of Earthquake on Ecosystem and Biodiversity by Mr. Santosh Mani Nepal, WWF-Nepal (20 minutes)
Presentation 4: Defending South Asian Interest in Biodiversity Conservation: Need for Evolving Regionalism by Mr. Ritwick Dutta, India (20 minutes)
Q&A – 30 Minutes
As the fourth session in the series of Roundtables on environmental justice comes to its conclusion, judges from South Asia are invited to look back at past declarations, resolutions, and action plans to help in the drafting of a Nepal Action Plan/Declaration. A look at these commitments and statements from the members of the judiciary can help pave the way forward for environmental justice in the region. In addition, a discussion on continuing and sustaining the Asian Judges Network on Environment in South Asia will be conducted.
Presentation 1: Review of Past Action Plans, Resolutions, and Declarations, and Discussions on the Nepal Action Plan/Declaration- Nepal Team/ADB (15 minutes)
Presentation 2: The Way Forward for the Asian Judges Network on Environment(AJNE) by Ms. Irum Ahsan, Project Leader and Senior Counsel, ADB (15 minutes)
Discussion and Finalization of Nepal Action Plan/Declaration (15 Minutes)
Earthquake and Earth Justice: Emergence of the Environmental Justice Movement and its Relevance in Addressing Unanticipated Events
Hon. Mr Justice Dr. Ananda Mohan Bhattarai, Chief Judge, Court of Appeal, Nepal
Environmental Rule of Law and Sustainable Development
Hon. Mr. Justice Baidyanath Upadhyay, Justice, Supreme Court of Nepal
Looking into SDGs from the Right Perspective: Can SDGs be Actionable Rights?
Mr. Keyvan Izadi, Multi-Country Climate Smart Agriculture Programme Manager, SNV: Netherlands Development Organization
Climate Change: Need for Legislative Cover and Social Awareness in Pakistan in light of Post-2015 Development Agenda
Mr. Mansoor Usman Awan, Advocate/Founder, AJURIS Advocates and Corporate Counsels, Pakistan
ADB's Role in Strengthening Environmental Governance and Asian Judges Network on Environment
Ms. Irum Ahsan, Project Leader and Senior Counsel, ADB
Quantifying Environmental Damage, Ecosystem Services, Green Accounting and Natural Capital in Decision Making
Mr. Leo Saldanha, Environmental Support Group-India
Hazards of Urbanization in South Asia: Preserving Open Spaces, Sustainable Urban Transport and Mobility Amid Rising Urbanization
Ms. Saima Amin Khawaja, Managing Partner, Progressive Advocates and Legal Consultants, Pakistan
Managing Urban Solid Waste: Distribution of Opportunities and Hazards
Mr. Santosh Mani, Nepal
Judicial Approaches to the Issue of Air Pollution in South Asian Cities
Mr. Jay Pendergrass, Acting Vice President, Research and Policy, Environmental Law Institute
Industrialization and the Environment: Perspective from the Industry/Business Sector
Mr. Sanith de Silva Wijeyeratne, Sri Lanka
Disputes Relating to Community Forest Conservation: Evolving Judicial Approach
Hon. Mr Justice Til Prasad Shrestha, Court of Appeal, Nepal
Legal protection for Wildlife: Implementing International and National Commitments for the Protection and Sustainable Use of Biodiversity
Mr. Bruce Dunn, Senior Environment Specialist, ADB
Reinventing Sustainable Rural Development: Utilization of Resources and Geographical Niches
Dr. Nakul Chettri, ICIMOD
Climate Change and the Law – A Judicial Viewpoint
The Rt. Hon. Lord Robert Carnwath of Notting Hill, CVO, UK
Hydropower Development and Challenges: Role of the Judiciary
Mr Rajendra K. Kshatri, Secretary, Ministry of Energy, Nepal
Impact of Earthquake on Ecosystem and Biodiversity
Dr. Somlal Subedi, Nepal, WWF-Nepal
Defending South Asian Interest in Biodiversity Conservation: Need for Evolving Regionalism
Mr. Ritwick Dutta, India
Discussion and Finalization of Nepal Action Plan/Declaration