The Supreme Court of Bangladesh and the Asian Development Bank (ADB) warmly welcome participants to the Fifth South Asia Judicial Conference on Environment and Climate Change, to be held in Dhaka, Bangladesh. The conference aims to promote environmental adjudication, enforcement, and justice in South Asia, as well as discussion regarding the key environmental concerns and climate change challenges and needed regulatory and judicial responses. We hope to create an opportunity for the judges and the environmental practitioners to develop a common understanding of the issues and available legal solutions.
South Asia is home to Mount Everest, the Thar Desert, the world’s largest mangrove forest, Cox’s Bazar Beach, some of the world’ largest river systems, four biodiversity hotspots, and the Maldives’ coral reefs, which are arguably the world’s most complex coral reef systems. The region’s incredible biodiversity faces serious environmental challenges. The South Asia Environment Outlook 2014, published by South Asian Association for Regional Cooperation (SAARC), United Nations Environment Programme (UNEP) and the Development Alternatives (DA), cited climate change, deforestation, land degradation, air and water pollution, and biodiversity loss as the major environmental issues of the region. The report identified industrialization, rapid urbanization, population growth, and demographic transitions as the major contributors to environmental degradation.
Deforestation is a major issue in South Asia. It is one of the least forested regions in the world and has a per capita forest area of about 0.05 hectares, less than one-tenth of the global per capita forest area. Diminished forest cover reduces critical habitats for the royal Bengal Tiger, Greater one-horned rhinoceros, Asiatic elephant, and a further 179 mammal species that are categorized as threatened species. The region is also home to 14% of the world’s remaining mangroves and the highest percentage of threatened South Asia Sub regional Report: Asia-Pacific Forestry Sector Outlook Study II, 2012 wetlands in the world, 82 of which are in Bangladesh. Bhutan stands as a bright exception to the region’s deforestation, with 72% of its land covered by forest and 42.7% of the country categorized as a Protected Area. It has also been declared as one of the 10 global hotspots for conservation of biodiversity.
Six of the world’s mega cities are in South Asia, with an estimated urban population of 130 million, which is projected to increase to nearly 250 million in 2030. South Asian cities have failed to maintain livability conditions and rank at the bottom of the Economist Intelligence Unit’s (EIU) 2016 rankings, with Karachi and Dhaka ranking 134 and 137 respectively out of 140 cities.
The recent increase in intensity of smog and Asian Brown Cloud (ABC) has become a major concern for some South Asian countries. The ABC is caused by large amount of aerosols produced in the combustion of fossil fuels and biomass. Indeed, at the time this background paper was written, 1,800 schools in Delhi, India had been shut down due to concerns regarding air pollution stemming from heavy smog. Current estimates state that more than 150,000 people die annually in South Asia as a result of air pollution, which is approximately 1.4% of total morbidity. A 2008 report by the World Health Organization stated that outdoor air pollution killed 168,601 people in India, 45,300 people in Pakistan, and 10,300 people in Bangladesh annually.
South Asia’s major river systems are extremely polluted, affecting most of the region’s river cities. The Ganges is ranked as the most polluted river of the world, Dhaka’s major rivers have been declared biologically dead, 9 and efforts to restore Kathmandu’s Baghmati River continue to struggle.
Arrival of Guests, Registration, Welcome Tea
(doors will close at 10:00 am)
Special Documentary Screening: 30 Million
Moderator: Mr. Gregorio Rafael P. Bueta, Legal and Policy Specialist (Consultant), ADB
The documentary 30 Million, on the impacts of climate change in Bangladesh, will be screened by the producers of the film. They will share their thoughts and insights on making the documentary, and how people’s daily lives are affected by climate change.
* all participants and guests are to be seated by 10:30 am for the Inaugural Session
Inaugural Session
Technical Session 1: Introduction to Climate Change
Session Chair: Hon. Mr. Justice Adarsh Kumar Goel, Supreme Court of India
Facilitator: Ms. Syeda Rizwana Hasan, Bangladesh Environmental Lawyers Association
This Session will introduce the participants to the science and legal regime of climate change. Particular focus will be on the Paris Agreement, which came into force last 5 November 2016. The impacts and effectivity of the Paris Agreement moving forward will also be examined. A discussion on climate vulnerable groups will highlight a key issue in this ongoing debate.
Q&A (30 minutes)
Remarks by Chief Justices 1 (10 Minutes for each Presentation)
Moderator: Mr. Gregorio Rafael P. Bueta, Legal and Policy Specialist (Consultant), ADB
The Chief Justices in attendance will be asked to give remarks, particularly as regards their respective judiciaries’ efforts on environmental law and climate change.
Interactive Session 1: Discussion on Climate Induced Displacement and Migration
Moderator: Mr. Justice Syed Refaat Ahmed, Judge, Supreme Court of Bangladesh
Panelists:
This special panel discussion will discuss the pressing issue of climate induced displacement and migration, particularly in Bangladesh and other countries in South Asia
Technical Session 2: The Impacts of Climate Change in South Asia (20 Minutes for each Presentation and 30 Minutes for Q&A)
Outside the lavish halls where international gatherings discuss how to deal with climate change impacts, the reality is that it affects peoples’ lives and their very existence. Basic needs such as water, forests, and food source bear the brunt of the impacts of climate change. It also brings about the legal debate on the issue of loss and damage. This session will discuss these issues, and present solutions and best practices.
Interactive Session 2: Judicial Perspectives on the Role of Specialized Courts in Rendering Environmental Justice
Session Chair: Hon. Mr. Chief Justice K. Sripavan, Supreme Court of Sri Lanka
Facilitator: Mr. Ronaldo Gutierrez, Executive Director, Upholding Life and Nature, Philippines
Panelists:
The past decade has seen an unprecedented increase in specialized courts and tribunals which deal with environmental cases. This has resulted in increased access to the courts, and the rendering of environmental justice. This session will discuss the perspectives and experiences of different countries as regards specialized courts, most especially during this period of climate change
Lunch Break
Technical Session 3: Evolving Jurisprudence: From Environment to Climate Change (20 Minutes for each Presentation and 30 Minutes for Q&A)
This session will trace the evolution of jurisprudence - from purely environmental cases to the increasing climate change angle – in the context of South Asia’s legal framework. The Nexus between environment and climate change will be examined, with particular cases and examples from outside the region, and the impact of urbanization will be presented. Discussion will follow how cases once seen as only dealing with national environmental laws and rules are now linked to the regional and international issues of climate change.
Moderator: Mr. Gregorio Rafael P. Bueta, Legal and Policy Specialist (Consultant), ADB
The Chief Justices in attendance will be asked to give remarks, particularly as regards their respective judiciaries’ efforts on environmental law and climate change.
Interactive Session 3: A Dialogue Between the Public and the Judges
Moderator: Ms. Irum Ahsan, Senior Counsel, ADB
Panelists (Judges):
Panelists (Public):
This Special Session, featuring international participants, will host a dialogue between lawyers, advocates, and activists who are often petitioners in court; and the judges, who are called upon to adjudicate on environment and climate change cases. Both sides will be able to ask questions and elicit responses, and share their thoughts on environment and climate change adjudication in a cordial and relaxed atmosphere, outside the confines of courtrooms and tribunals. The Session hopes to provide insights on how both petitioners and judges can help in facilitating each other’s work.
Demonstration of the new Asian Judges Network on Environment Website and Follow-Up Commitments
Moderator: Ms. Irum Ahsan, Senior Counsel, ADB
Valedictory Session
Moderator: Ms. Irum Ahsan, Senior Counsel, ADB
* 6:30 pm – Departure for the Supreme Court of Bangladesh
Conference Agenda
Conference Programme Booklet
Background Paper
Welcome Remarks of General Counsel Christopher Stephens
Speech by Mr. Anwar Hossain Manju, the Honourable Minister, Ministry of Environment and Forests
Speech by Mr. Justice Surendra Kumar Sinha, the Honourable Chief Justice of Bangladesh
The Science of Climate Change in South Asia by Dr. Ahsan Uddin Ahmed, Executive Director, Centre for Global Change, Bangladesh
International Legal Regime of Climate Change and Implications for South Asia – Ms. Briony Eales, Consultant – Environmental Lawyer, ADB
Is Climate Change Enhancing Vulnerabilities - Irum Ahsan, Senior Counsel, Asian Development Bank
Department of Environmental Justice
Legal and Policy Approaches to Loss and Damage Associated with Climate Change Impacts - M. Hafijul Islam Khan
Water and Climate Change: Challenges and Solutions - Hammad Naqi Khan, CEO, WWF-Pakistan
Ships on the Beach - S. Rizwana Hasan Chief Executive, BELA
GMO: the Case of Bt. Brinjal - S. Rizwana Hasan Chief Executive, BELA
The Nexus Between Environment and Climate Justice - Ritwick Dutta, Environmental Lawyer, Legal Initiative for Forest and Environment
Developing Environment and Climate Change Jurisprudence: Philippine Experience by Ronaldo Gutierrez
Livable Cities: A Proactive Approach to Urbanization, Environmental Sustainability and Climate Resilience by Ramola Naik Singru, Urban Development Specialist, ADB
Bangladesh -- too often at the mercy of extreme weather. Densely populated and low lying, it's one of the 10 countries most vulnerable to the impacts of a changing global climate - cyclones, floods, erosion and drought are destroying the livelihoods for millions, forcing them to move. So how can millions of Bangladeshi's protect their families - and their incomes?
Our climate is changing, our seas are rising. In Bangladesh, up to Thirty Million people may be displaced by the end of the century.