The Asian Development Bank (ADB), in collaboration with the Supreme Court of Sri Lanka, recently hosted the 3rd South Asia Judicial Roundtable on Environmental Justice for Sustainable Green Development from 8th to 9th August 2014, in Colombo, Sri Lanka. This is the third leg in a successful series of Roundtables in South Asia organized by the ADB Office of the General Counsel (OGC) under its Law, Justice, and Development (LJD) Program, aimed at building the capacity for environmental prosecution, adjudication, dispute resolution, compliance and enforcement in Asia. Previous Roundtables were held in Bhurban, Pakistan in 2012, and Thimpu, Bhutan in 2013.
The Inaugural Session, which was highlighted by the blaring of traditional drums and lighting of the oil lamp, was attended by the President of Sri Lanka, Mahinda Rajapaksa, Chief Justice Mohan Peiris, PC, ministers of government, and other dignitaries. Participants from all South Asia judiciaries, as well as legal professionals, civil society members, and experts from various fields from different regions of the world were also present. The ADB delegation to this historic event was led by Vice President Bruce L. Davis, Deputy General Counsel Ramit Nagpal, and SLRM Country Director Sri Widowati. OGC’s organizing team, which includes Grip Bueta, Ces Saniel-Gois, Emie Alcala, and Mahallah Adalia, was led by Ms. Irum Ahsan, Counsel, ADB.
Delegations consisting of Supreme Court Judges and other representatives from South Asian countries were present in Colombo for this Roundtable. The delegations were headed by the following: Hon. Dr. Abdul Malik Kamawi, Member of the Supreme Court and Chief of Public Security Tribunal, Supreme Court of Afghanistan; Hon. Md. Muzammel Hossain, Chief Justice of Bangladesh; Hon. Tshering Wangchuk, Senior Most Judge, Supreme Court of Bhutan; Hon. H.L. Dattu, Senior Most Judge, Supreme Court of India; Hon. Uz. Adam Mhd Abdulla Didi, Justice, Supreme Court of Maldives; Hon. Om Prakash Mishra, Justice, Supreme Court of Nepal; and Hon. Sarmad Jalal Osmany, Judge, Supreme Court of Pakistan.
Other special guests who participated in the Roundtable were: Ms. Elizabeth Maruma Mrema, Director, Division of Environmental Law and Conventions of the United Nations Environment Programme, and Keynote Speaker; Hon. Tun Arifin bin Zakaria, Chief Justice of Malaysia; Hon. Lord Robert Carnwath, Judge, Supreme Court of England; Hon. Adel Omar Sherif, Deputy Chief Justice of Egypt; Hon. Clifford Wallace, Senior Judge, Chief Judge Emeritus, The United States Court of Appeals for the Ninth Circuit; and Dr. Bakary Kante, Chairman/Managing Director, Africa Sustainability Centre.
Taking off from the previous Roundtables in Pakistan and Bhutan, the event in Sri Lanka sought to not only continue the dialogue and cooperation in the region, but more importantly to look for concrete ways and measures at ensuring the enforcement of and compliance with environmental laws, and the promotion of environmental justice. The 3rd Roundtable continued with the following key themes: i) judicial training and capacity enhancement; ii) regional integration and cooperation; iii) enhancing the efficacy of the judicial/justice system for environmental justice; and iv) application of Alternative Dispute Resolution (ADR) methods such as mediation/conciliation for better environmental dispute management and enhancing justice. In addition and as the title suggests, the nexus between environment and development was highlighted, noting the importance of nature for economic prosperity in the region. Sessions discussed topics such as natural capital, urban development, tourism, gender, and community forest management. The settlement of environmental disputes, particularly through alternative dispute resolution, as well as innovations in environmental justice and the judiciary’s leadership role were also presented.
The positive and significant impact of this initiative can be seen in the judges present in Sri Lanka, which reflects the trends and developments in their respective jurisdictions. Judges talked about having a social conscience when making decisions, whilst discussing the environmental challenges faced by their country and the entire region. The legal luminaries of South Asia opened their minds to new concepts such as putting a value on nature, considering the environment in urban development cases, and looking at innovative ways to protect the environment. Judges also listened to a 16 year old girl from Pakistan who screened her documentary “Harvesting Hope” and talked about pesticide pollution among women cotton farmers in Pakistan, evoking emotion and even tears from some of the most hardened faces of the justice system.
The participants, led by Chief Justice Peiris who chaired all the sessions, agreed on the adoption of the Colombo Action Plan. He also proposed signing of the Memorandum of Understanding for Cooperation Amongst South Asian Judiciaries during the next Roundtable. These documents not only represents the renewed commitment of the judiciaries of South Asia for environmental justice, but also their dedication to take concrete steps and measures on capacity building, increasing regional cooperation, enhancing the efficacy of the justice system for environmental justice, and application of ADR for better management of environmental disputes.
The Roundtable resulted in: i) consolidation of the progress made so far for the judiciaries of South Asia; ii) crafting of practical and actionable ideas through the Colombo Action Plan; iii) enhanced understanding of the specific issues relating to urban development, natural capital, gender, community forest issues, and tourism; iv) further networking and collaboration among South Asian judiciaries; and v) sharing and exchange of ideas between judges. In addition, ADB in collaboration with the Supreme Court of Sri Lanka, will also engage in post conference activities such as updating of environmental law publications and judicial trainings for Sri Lanka judges on environmental justice.
Guest Check-in: The Kingsbury, Colombo, Sri Lanka
Welcome Dinner hosted by Asian Development Bank (ADB): The Kingsbury, Colombo, Sri Lanka.
Arrival of VIPs
Arrival of the Chief Guest – H.E. the President of Sri Lanka
National Anthem and Lighting of the traditional oil lamp
Welcome Remarks by Hon. Mohan Peiris P.C., Chief Justice of Sri Lanka
Opening Remarks by Mr. Bruce L. Davis, Vice President (Administration and Corporate Management), ADB
Remarks by the President of Sri Lanka, His Excellency Mahinda Rajapaksa
Group Photo
Tea Break
Keynote Address by Ms. Elizabeth Mrema, Director, Division of Environmental Law and Conventions, UNEP
Lunch
Presentations by Chief Justices - 10 minutes each (Country Presentations)
Each of the SAARC Chief Justices (or a nominee judge) will make a 10 minute presentation in the form of a country report.
Comments by Panelists: Mr. Bakary Kante (Africa Sustainability Centre), Mr. C. Scott Fulton (US), Mr. Lal Kurukulasuriya (Sri Lanka), and Chief Justice Tun Arifin Zakaria (Malaysia)
Tea Break
“Taking Stock”: Where We Are on Environmental Justice
Presentation 1 - 15 minutes: Status of the environment, highlighting specifically some of the key challenges impacting the SAARC region by Mr. Sanjay Upadhyay, Managing Partner, Enviro Legal Defence Firm, India
Presentation 2 - 15 minutes: Current trends and developments in environmental principles and jurisprudence by Dr. Bharat Desai, International Law and Jawaharlal Nehru Chair in International Environmental Law, Jawaharlal Nehru University, India
Special Presentation and Video Screening - 20 minutes: Gender and Environment - Impacts of Environmental Issues on Women, “Harvesting Hope” by Ms. Sarah Khan
Panel Discussion: Panelists - Lord Carnwath (UK), Mr. C. Scott Fulton (US), Justice Syed Mansoor Ali Shah (Pakistan), and Prof. Camena Guneratne (Sri Lanka)
Q&A
Signing of the Regional Cooperation MoU and End of Day 1
Environment and Development
Presentation 1 – 15 minutes: Ecosystem Services and Natural Capital by Mr. Chetan Agarwal, Forest and Environmental Services Analyst, India
Presentation 2 - 15 minutes: Green Considerations in Urban Planning and Development by Ms. Saima Amin Khawaja, Partner, Progressive Advocates and Legal Consultants, Lahore, Pakistan
Presentation 3 - 15 minutes: Tourism and the Environment by Mr. Nayana Mawilmada, Urban Development Specialist, Founder and Managing Director, Total Management Solutions, Sri Lanka
Presentation 4 – 15 minutes: Community Forest Management in Nepal and the Judiciary by Justice Ananda Mohan Bhatarai, Acting Chief Judge, Court of Appeal, Nepal.
Panel Discussion: Panelists - Mr. Bakary Kante (Africa Sustainability Centre), Justice Sarmad Jalal Osmany (Pakistan), Justice Tshering Wangchuk (Bhutan), and Mr. Sanith de Silva Wijeyeratne (Sri Lanka)
Q&A
Tea Break
Presentation 1 – 15 minutes: Nature of Environmental Conflicts and their Resolution by Mr. Ritwick Dutta, Legal Initiative for Forest and Environment (LIFE), India
Presentation 2 – 15 minutes: Environmental Conflicts and ADR / Mediation by Justice Antonio Herman Benjamin, Superior Tribunal de Justiçia (Brazil) OR Mr. Harsha Fernando, Attorney-at-Law, Consultant Trainer, Sea-Change Partners of Singapore on Mediation and Negotiation, and Consultant, ADB
Presentation 3 – 15 minutes: Innovation in Environmental Justice and Judicial Leadership by Justice Syed Mansoor Ali Shah, Judge, Lahore High Court, Pakistan
Panel Discussion: Panelists - Mr. Lal Kurukulasuriya (Sri Lanka), Dr. Bharat Desai (India), Justice Ananda Mohan Bhatarai (Nepal), and Justice Ashfaqul Islam (Bangladesh)
Q&A
Lunch
Moving forward: Colombo Action Plan
Recap of Pakistan and Bhutan Roundtables and Introduction to Breakout Sessions
Breakout Sessions
To deliberate and propose a minimum of five action points under each of the following categories:
Tea Break
Plenary presentations - 10 minutes each
Each of the four groups, through an assigned rapporteur, will present to the plenary their recommended action points together with the basis of their discussions.
Ten most important points will be selected for implementation as action ideas.
Colombo Action Plan
The delegates/participants will:
Closing Remarks – Mr. Ramit Nagpal, Deputy General Counsel, ADB
Closing Remarks – Ms. Sri Widowati, Country Director Sri Lanka, ADB
Closing Remarks – Representative of the Chief Justice of Sri Lanka
Dinner hosted by the Chief Justice of Sri Lanka
Delegates depart
Agenda
Concept Paper
Background Paper
Colombo Action Plan
Key Environmental Issues & Challenges in South Asia - Legal Perspective
Sanjay Upadhyay, Advocate Supreme Court of India
Impacts of Environmental Issues on Women
Sarah Khan, Pakistan
Ecosystem Services and Natural Capital
Mr. Chetan Agarwal, Forest and Environmental Services Analyst, India
Green Considerations in Urban Planning and Development
Ms. Saima Amin Khawaja, Partner, Progressive Advocates and Legal Consultants, Lahore, Pakistan
Tourism and the Environment
Mr. Nayana Mawilmada, Urban Development Specialist, Founder and Managing Director, Total Management Solutions, Sri Lanka
Community Forest Management in Nepal and the Judiciary (Presentation)
Justice Ananda Mohan Bhatarai, Acting Chief Judge, Court of Appeal, Nepal
Community Forest Management in Nepal and the Judiciary (Paper)
Justice Ananda Mohan Bhatarai, Acting Chief Judge, Court of Appeal, Nepal
Nature of Environmental Conflicts and their Resolution
Mr. Ritwick Dutta, Legal Initiative for Forest and Environment (LIFE), India
Environmental Conflicts and ADR Mediation (Presentation)
Mr. Harsha Fernando, Attorney-at-Law, Consultant Trainer, Sea-Change Partners of Singapore on Mediation and Negotiation, and Consultant, ADB
Environmental Conflicts and ADR Mediation (Paper)
Mr. Harsha Fernando, Attorney-at-Law, Consultant Trainer, Sea-Change Partners of Singapore on Mediation and Negotiation, and Consultant, ADB
Innovation in Environmental Justice and Judicial Leadership
Justice Syed Mansoor Ali Shah, Judge, Lahore High Court, Pakistan
Recap Session
Closing Remarks of DGC Ramit Nagpal
Vote of Thanks of Sri Lanka Country Director Widowati
ADB Climate Change in South Asia
ADBI Sri Lanka Country Paper (2013)
Sri Lanka Environment Outlook 2009
UNEP & SAARC South Asia Environment Outlook 2009
UNEP Judicial Handbook Environmenal Law 2005
Day 1, Session 1 Country Reports - Speakers Bios
Day 1, Session 2 Taking Stock - Speakers Bios
Day 2, Session 1 Speakers Bios
Day 2, Session 3 and Final Session Speakers Bios
Inaugural Session - Speakers Bios