Inaugural ASEAN Chief Justices' Roundtable on Environment

5 - 7 December 2011

Event Tabs

ASEAN Justices Reach Common Vision on Environment

 

JAKARTA, INDONESIA – Chief Justices and senior judiciary from the Association of Southeast Asian Nations (ASEAN) have agreed on a common vision on the role of the judiciary in tackling regional environmental challenges, such as deforestation and illegal logging, the illicit trade in wildlife, pollution and the destruction of coral reefs.

The agreement was reached at a meeting in Jakarta, Indonesia in a bid to step up cooperation on legal issues linked to the region’s shared environmental threats.

“The Asian Development Bank (ADB) strongly supports the Indonesian Supreme Court in convening this roundtable because Chief Justices and their senior judiciary play a critical role in improving environmental enforcement,” said Jon Lindborg, ADB’s Indonesia Country Director. “This includes championing and leading the legal profession towards credible rule of law systems that have integrity and promote environmental justice.”

The Roundtable for ASEAN Chief Justices on Environment brought together Chief Justices, or their representatives, from member countries of ASEAN. It is jointly organized by ADB and the Supreme Court of Indonesia and supported by the United Nations Environment Programme.

Southeast Asia has a large proportion of its population dependent on agriculture, fishing and other natural resources. These resources are coming under heavy pressure from illegal logging and fishing, and the pollution and destruction of shared marine environments like the world-renowned Coral Triangle. Climate change driven by rising emissions of greenhouse gases also poses an increasing threat.

The roundtable discussed common challenges the judiciary in ASEAN countries face in adjudicating environmental legal cases and the role they can play in championing environmental justice. It culminated in a resolution on shared environmental challenges and areas for future cooperation. Malaysia agreed to host the next roundtable in December 2012.

The event is a follow-up to the Asian Judges’ Symposium on Environmental Decision Making held in Manila, Philippines in 2010, which brought together over 110 judges, environment ministry officials and civil society representatives from Asia, Australia, Brazil, Europe, and the United States. The symposium proposed the establishment of an Asian Judges’ Network on the Environment to help improve adjudication in environment and natural resource cases. ADB is providing technical assistance to support the network along with a parallel initiative in South Asia.

Asian judges, including some in ASEAN countries, have been involved in pioneering legal cases on the environment and are expected to provide valuable inputs at the World Congress on Justice, Governance and Law for Sustainability that will be held in Rio de Janeiro, Brazil in June 2012, immediately prior to the Rio+20 Earth Summit.
ASEAN member countries include Brunei Darussalam, Cambodia, Lao People’s Democratic Republic, Indonesia, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Viet Nam.

Objectives

The Symposium seeks to share experience that will lead to an improvement in the quality of environmental adjudication on environment and natural resource cases in Asian jurisdictions and improving access to environmental justice. To do so, it will 

  • bring together judges, environmental ministry officials, and civil society participants from Asian jurisdictions, and senior members of the judiciary and key experts from developed countries and development institutions to understand the factors that have led to the evolution of environmental jurisprudence in Asian and developed country common and civil law courts, and the ways different jurisdictions seek to promote environmental justice and ensure effective environmental adjudication;
  • consider the modes of judicial education on the environment in Asian jurisdictions and the experiences of development partners in strengthening the capacity of judges in Asia to decide environmental and natural resource cases;
  • share the work conducted under an ADB regional technical assistance project on environmental justice and adjudication; and
  • consider the need for an Asia Pacific Judges Network on the Environment.

Participants

Representatives from courts and civil society in Australia, Bangladesh, Brazil, India, Indonesia, Pakistan, the People’s Republic of China, the Philippines, the United States, and Thailand, will share cutting edge experiences on the evolution of environmental jurisprudence and adjudication in their respective jurisdictions. Their sharing will be supported by key development partners including the United Nations Environment Programme (UNEP), the United States Environmental Protection Agency, The Access Initiative, and the Supreme Court of the Philippines.

Approach

This two‐day workshop of over 100 participants will build on the ongoing work of ADB under a regional technical assistance which seeks to improve implementation of environmental law in selected Asian countries by developing a roadmap for institutionalizing a system to strengthen the capacity of judges to apply environmental and natural resources law and regulation.

The symposium’s emphasis is improving environmental and natural resource decision making and adjudication within regional judiciaries, without assuming that any particular form or structure is the best way to achieve effective environmental decision‐making and adjudication in different country contexts. It will highlight environmental specialization within general courts, as well as exploring work done by specialist environmental courts, boards, and tribunals. Importantly, without drivers for increasing the demand for effective environmental judicial decision‐making from the judiciary, environmental judicial specializations could go unused. Hence, the symposium will look at demand‐side drivers, which will include the role of civil society in creating this demand, and also looking at other ways to institutionalize access to environmental justice in developing Asia.

Judges and key stakeholders will be asked to share their experiences in environmental adjudication and also, the challenges and needs that arise in doing their work. Given the many relevant issues, this year, the Symposium will emphasize an understanding of the drivers that led or are leading to progressive environmental jurisprudence and environmental adjudication, rather than focusing on specific technical legal issues. It will also seek to identify the ways of improving Asian judicial decision‐making and education to emphasize environmental and natural resource issues, the concrete needs of judges and other key stakeholders in building capacity to do so, and concrete actions to respond in those ways and to those needs. Judges and environmental officials will also discuss their need for further capacity building and whether an Asia Pacific Judges’ Network on the Environment should be established in conjunction with development partners to serve as forum for further capacity building and information exchange.

Output

The papers submitted during the conference will be recorded in an edited volume to serve as reference on regional and international environmental adjudication, including ECTs, to inform further work on environmental adjudication in Asia and the Pacific. To achieve this purpose, the first draft of papers will be needed by 21 July 2010.

Monday, 5 December 2011

 
18:00 - 20:30

Welcome Reception
Mandarin Hotel, hosted by Supreme Court of Indonesia

 

Tuesday, 6 December 2013

 
08:00
Registration
 
08:30

Welcome Remarks

Paulus Lotung, Vice Chief Justice, Supreme Court of Indonesia
Jon Lindborg, Country Director, Indonesia Resident Mission, ADB

 
08:50

Overview: Imagine 2020: Justice, Governance, and the Rule of Law for Environmental Sustainability
Dr. Kala Mulqueeny, Senior Counsel, Office of the General Counsel, ADB

 
09:30

Introduction of Participants, by Head of Delegation
The Head of each delegation will be asked to introduce their members and to share brief observations if desired on the state of environment, and/or environmental jurisprudence in their country. (5-10 minutes for each delegation).

 
09:50

South-east Asia: The State of the Environment (video)

 
11:00
Coffee Break
 
11:15

UNEP's World Congress on Justice, Governance, and the Law for Environmental Sustainability: The Role of the Judiciary
Bakary Kante, Director of Division of Environmental Law and Conventions, United Nations Environment Program (UNEP)

 
11:25
ASEAN Regional Cooperation on Environment

Raman Letchumanan, Head of the Environment Division at the Secretariat of the ASEAN (invited)

 
11:45
Session 1: ASEAN’s Environmental Challenges and the Role of the Judiciary: Climate Change

Session Chair: Indonesian Supreme Court

  • Climate Change, Video
  • Agus Sari, [Climate Change Indonesia secretariat, Indonesia ][KM1]
  • Q&A Discussion
 
12:30

Lunch
Keynote Address: Harifin Tumpa, Chief Justice, Supreme Court of Indonesia

 
14:00

Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in deciding environmental cases

TBD, Indonesian Supreme Court (or Velasco)
Briefly framing the issues by mentioning the Asian Judges Symposium Statement.]

The Chair and facilitator will share the key legal and evidentiary issues identified in the Asian Judges Statement, agreed at the Asian Judges Symposium 2010. These include:

  • locus standi and the role of public interest environmental plaintiffs,
  • the burden of proof and the precautionary principle,
  • expert and scientific evidence,
  • evaluating damages and determining remedies, and whether special remedies are appropriate and possible,
  • sanctions and penalties,
  • delays and the court docket, and
  • enforcement of judicial decisions.

The delegations will be asked to consider their views on whether these are their key legal and evidentiary challenges dealing with environmental cases and whether additional challenges exist. These issues will continue to be discussed when considering the case-studies of ASEAN's environmental law challenges.

 
14:45

ASEAN Environmental Law Challenge No. 1: Deforestation and Illegal Logging
Session Facilitator: Mas Achmad Santosa,

  • Forests and Deforestation (5 minute Video)
  • Indonesia: TBA, Supreme Court of Indonesia
  • Cambodia or Laos: TBA, Supreme Court of Cambodia
  • Malaysia: TBA, Supreme Court of Malaysia
  • Q&A Discussion

The Facilitator shall frame the issues and a short video will be played. Each of the three presenting delegations will share any potential forest law and enforcement problems in their country, in particular in relation to the role of law and the challenges the judiciary face in adjudicating upon such cases. Thereafter other delegations will offer comments on their experience or ask questions.

 
15:30
Coffee Break
 
15:45

Session 4: ASEAN Environmental Law Challenge No. 2: Biodiversity and the Illegal Wildlife Trade

Session Facilitator: TBD, Supreme Court of Indonesia (or Director below)

  • Biodiversity and Wildlife Trade (5 minute Video)
  • Clarissa C. Arida Director, Programme Development and Implementation, ASEAN Center for Biodiversity[KM3] or TBD, ASEAN Wildlife Enforcement Network or Traffic
  • Thailand: TBA, Supreme Court of Thailand
  • Myanmar: TBA, Supreme Court of Myanmar
  • Vietnam (or Singapore): TBA, Supreme Court of Vietnam (or Singapore)
  • Q&A Discussion

The Facilitator shall frame the issues, ASEAN Biodiversity Center will comment, and a short video will be played. Each of the [three] presenting delegations will share any potential biodiversity and wildlife law and enforcement problems in their country, in particular in relation to the role of law and the challenges the judiciary face in adjudicating upon such cases. Thereafter other delegations will offer comments on their experience or ask questions.

 
16:30

Session 7 ASEAN Environmental Law Challenge No.3 : Ocean Destruction, Illegal Fishing and Marine Pollution

Session Facilitator: Tony Oposa, environmental lawyer, Ramon Magsaysay Awardee

  • Dr. Lida Pet Soede, Head of Program, WWF Coral Triangle Initiative
  • Indonesia: TBA, Supreme Court of the Indonesia
  • Malaysia: TBA, Supreme Court of the Indonesia
  • Singapore: TBA, Supreme Court of the Indonesia
  • Vietnam: TBA, Supreme Court of Vietnam
  • Q&A Discussion

The Facilitator shall frame the issues, ASEAN Biodiversity Center will comment, and a short video will be played. Each of the [three] presenting delegations will share any potential biodiversity and wildlife law and enforcement problems in their country, in particular in relation to the role of law and the challenges the judiciary face in adjudicating upon such cases. Thereafter other delegations will offer comments on their experience or ask questions.

 
17:15
Synthesis of Day 1: Key Legal and Evidentiary Challenges and The Judicial Role in Reducing ASEAN's Environmental Challenges
Justice Takdir Ramdi, Supreme Court of Indonesia
 
17:30
Photo Session and End of Day 1
 
18:30
Dinner
 

Wednesday, 7 December 2011

 
09:00
Session 5: Session 9: Judicial Reforms to Respond to Environmental Challenges: Institutionalizing Environmental Expertize through Specialization and Environmental Courts

Chair: TBD, Supreme Court of Indonesia, or

  • Thailand Supreme Court: TBA, Supreme Court of the Thailand
  • Philippines: TBA, Supreme Court of the Philippines
  • Indonesia: TBA, Supreme Court of the Indonesia
 
09:45
Session 8: ASEAN Environmental Law Challenge No. 4: Planning and Environmental Impact Assessment
Chair: TBD, Supreme Court of Indonesia, and/or Pattie Moore,
  • Malaysia: TBA, Supreme Court of the Indonesia
  • Vietnam: TBA, Supreme Court of the Indonesia
 
10:30
Coffee Break
 
10:45

ASEAN Environmental Law Challenge No. 5: Fresh Water and Pollution

Session Facilitator:Tom Panella, Principal Water Specialist, ADB

  • Fresh Water Video (5 minute Video)
  • Philippines: Justice Presibitero Velasco, Supreme Court of the Philippines
  • Q&A Discussion

The Facilitator will introduce and frame the key issues regarding freshwater and water pollution in ASEAN countries. The Philippines will share the Supreme Court’s in cleaning up water pollution, by discussing a landmark Philippines decision in the Manila Bay case. Other delegations will be asked to comment and share their experiences, be they challenges or successes, to come to a vision of the role of the Judiciary in contributing towards solving the problems of pollution.

 
11:30

ASEAN Environmental Law Challenge No. 6: Urbanization and Air Pollution: Session Facilitator

Session Facilitator: Indonesian Supreme Court - Simon Tay

  • Urbanization and Pollution Video (5 minute Video)
  • TBD, Clean Air Initiative[KM4]
  • Thailand: TBA, Supreme Administrative Court of Thailand
 
11:30

ASEAN Environmental Law Challenge No. 6: Urbanization and Air Pollution: Session Facilitator

Session Facilitator: Indonesian Supreme Court - Simon Tay

  • Urbanization and Pollution Video (5 minute Video)
  • TBD, Clean Air Initiative[KM4]
  • Thailand: TBA, Supreme Administrative Court of Thailand
 
12:30
Lunch
 
14:00

Common Challenges for ASEAN Justices: Key Capacity and Governance Issues

In this session, the Chair and facilitator will frame the key capacity and governance issues identified in the Asian Judges Statement, agreed at the Asian Judges Symposium 2010 as being challenges for Asian Judges. These include: lower court capacity and substantive knowledge on environmental law, general governance and integrity issues within the environmental enforcement chain, a lack of environmental cases, and judicial training processes, and whether and how environmental law could be included.

Each judicial delegation will be asked to share its experience on key capacity and governance issues in dealing with environmental cases, and whether there are additional issues.

 
15:30
Coffee Break
 
15:45

Session 7: An ASEAN Vision on Justice, Governance, and the Rule of Law for Environmental Sustainability led by ASEAN Chief Justices

Session Facilitator: TBD, Indonesian Supreme Court and either KM or Pattie

  • ADB explanation of the Asian Judges Network on Environment [Facilitator] TBA
  • South Asia Subregional Roundtable
  • Chief Justice of Pakistan
  • Q&A and Discussion
  • ASEAN Chief Justice Roundtable Statement
  • Discussion/Consensus

The facilitator will explain the objectives of the session, which will seek to synthesize the common challenges and potential areas of cooperation previously. ADB will share the current program for the Asian Judges Network, and the Chief Justices of Pakistan will share information on SAARC activities. Participants will discuss objectives for future cooperation and the benefits of maintaining the roundtable.

 
17:00

Closing Remarks

  • Chief Justice, Indonesian Supreme Court
  • TBD, UNEP
  • Asel Djsubekova, Assistant General Counsel, South-east Asia, ADB
 
Session 1: ASEAN’s Environmental Challenges and the Role of the Judiciary: Climate Change

Legal & Evidentiary Challenges: Facilitation Talk by Mas Achmad Sentosa 

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61.11 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Part 1: Biodiversity in Southeast Asia: Illegal Wildlife Trade and Other Key Drivers of Biodiversity Loss by Clarissa C. Arida

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17.63 MB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Part 2: Biodiversity in Southeast Asia: Illegal Wildlife Trade and Other Key Drivers of Biodiversity Loss by Clarissa C. Arida

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169.04 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Part 1: Wildlife trade in Southeast Asia by Azrina Abdullah

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75.89 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Part 2: Wildlife trade in Southeast Asia by Azrina Abdullah

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915.24 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Biodiversity and the Illegal Wildlife Trade by Kidngarm Kongtrakul Li 

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3.32 MB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Part 1: National Law Regarding the Illegal Wildlife Trade and The Challenges to Implement the Law by H.E. Mya Thein

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126.35 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Part 2: National Law Regarding the Illegal Wildlife Trade and The Challenges to Implement the Law by H.E. Mya Thein

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893.91 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Biodiversity and Illegal Wildlife Trade (Annex) by H.E. Mya Thein

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210.3 KB
 
Session 3: Common Challenges for ASEAN Justices: Key Legal and Evidentiary Challenges in Deciding Environmental Cases

Biodiversity and the Illegal Wildlife Trade by Dang Xuan Dao

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72.1 KB
 
Session 4: ASEAN Environmental Law Challenge No. 2: Biodiversity and the Illegal Wildlife Trade

Challenges of Sustainable Use of Marine Resources in ASEAN by Nazir Foead

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4.7 MB
 
Session 4: ASEAN Environmental Law Challenge No. 2: Biodiversity and the Illegal Wildlife Trade

Environment Center of Marine Biodiversity of Earth: Facilitation talk by Antonio Oposa 

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10.37 MB
 
Session 6: ASEAN Environmental Law Challenge No. 4: Planning and Environmental Impact Assessment

Roundtable for ASEAN Chief Justices and Senior Judiciary on Environmental Law and Enforcement by Patricia Moore

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451.12 KB
 
Session 6: ASEAN Environmental Law Challenge No. 4: Planning and Environmental Impact Assessment

Development Planning and Environmental Impact Assessment by Rosa Vivien Ratnawati

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1.49 MB
 
Session 6: ASEAN Environmental Law Challenge No. 4: Planning and Environmental Impact Assessment

Part 1: EIA and Administrative Court by Maneewon Phromnoi

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76.76 KB
 
Session 6: ASEAN Environmental Law Challenge No. 4: Planning and Environmental Impact Assessment

Part 2: EIA and Administrative Court by Maneewon Phromnoi

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195.37 KB
 
Session 7: ASEAN Environmental Law Challenge No.3 : Ocean Destruction, Illegal Fishing and Marine Pollution

Citarum River Basin and Water Resources Challenges by Dr. Thomas Panella

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8.46 MB
 
Session 7: ASEAN Environmental Law Challenge No.3 : Ocean Destruction, Illegal Fishing and Marine Pollution

Fresh Water, Pollution, Floods and Climate by Prapot Klaisuban

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3.07 MB
 
Session 8: ASEAN Environmental Law Challenge No. 4: Planning and Environmental Impact Assessment

The Singapore Clean Green City Matrix by Philip Pillai

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144 KB