s. rizwana hasan advocate, supreme court of bangladesh & chief executive, bela

Improving Environmental Governance:Role of Active Citizenry

S. Rizwana Hasan

Advocate, Supreme Court of Bangladesh&

Chief Executive, BELA

Context Bangladesh inherited a colonial legal structure that promoted

feudal ownership concept and allocation with absolute rent fixing and receiving authority (forestry, fisheries)

The feudal system was abolished in 1950 and the ‘estates’ were acquired by the State

The concept of ‘ownership’ remained unfettered; resources that are not privately owned are vested and managed by the government agencies

Public agencies became feudal over the management of public resources devoid of public

Management system continues to be “use-oriented” to harness maximum economic benefit

Colonial laws and institutions yet form the central components in the management of environmental resources

Pollution control laws are more recent enactments

Laws and Policies Laws: At present, there are about 210 laws relating to environment  This however, does not suggest a long tradition of environmental law making

NORwere the objectives “conservation oriented” or “environment oriented” 

There are areas where substantive laws are yet to be promulgated Environmental justice principles (precautionary principle, Polluter Pays

Principle, Sustainable Development, have no express recognition in domestic laws)

Nevertheless, the conceptual and functional interpretation of the existing laws can provide a readily available statutory system to promote an equitable environmental order

Special Courts to deal with environmental offencesPolicies: There are about 60 policies, strategies and action plans pertinent to

environmental administration Policies being recent documents contain more progressive notions   Policies, however, are mere administrative documents, ad hoc and are not

enforceable

Major Activities Legal Assistance

Raising Awareness

Community Mobilization

Research & Publications

Networking-National, Regional,

International Level

The only river flowing through the capital has been declared biologically dead

Country of Rivers…

City has seven rivers flowing in and aroundYet depends on groundwater for potable water

supply (%)Ground depletion alarming (in some places

53.75 metres between 1991 and 2008)planning to switch to surface waterNot feasible as pollution level is too highMoving to rivers 23 kilometers away from the

CityYet, tanneries continue operation despite legal

fight for the last 21 yearsHazaribagh area- 5th most polluted place

affecting 160,000 people (The Top Ten Toxic Threats: Cleanup, Progress, & Ongoing

Challenges, Green Cross Switzerland, Blacksmith, 2013)

Dhaka worst liveable City (Economist Intelligent Unit)

Promises to protect urban wetlands have not been kept

Culture of Impunity: Money Talks

17% of agricultural land is used for shrimp cultivation for export

Salinity has intruded into 100 rivers and affecting over 6,200 hectares of farmland (equivalent to 7,140 football fields) on an average annually

Source: Soil Resource and Development Institute

Largest Mangrove faces threats from Coal Plant

No public hearing, concerns brushed aside

Ship Breaking: Dumping of Waste

Hazardous material Unit BangladeshAsbestos t 79,000PCBs (mainly cables) t 240,000ODS (mainly polyurethane foam) t 210,000Paints (metals, tributyltin (TBT) and PCBs) t 69,200Heavy metals t 678Waste liquid organic m3 1,978,000Miscellaneous (mainly sewage) m3 107,000Waste liquids inorganic (acids) t 775Reusable liquids organics t 675,000

Source: The World Bank, 2010Ship Breaking and Recycling Industry in Bangladesh and Pakistan

The Toxic Industry on the Beach

Poverty – the Selling Point

After the pronouncement of judgment on 5 and 17 March 2009, 99 deaths and 70 grievous injuries have been officially recorded

Challenges (Contd…)

Challenges (Contd…)

Good genie vs evil genie

Challenges (Contd…)

“The industry is never going to change if we don’t push it. The pressure only comes when the government begins to show some commitment in this. So far the rules aren’t very tight, and we want to change that. The problem already has the court’s word, now we have to keep pushing. And we’ll keep pushing until we get what we want.”

Quoted in: SHIPPINGWATCH November 2013

Lack of political commitment Institutional weaknesses (capacity-commitment-

merging of identity)Lack of mechanism for impartial assessmentLimited scope for people’s involvement in decision-

makingCulture of Impunity Non-accountability/mala fide of the implementing

agenciesAbsence of bylaws Non-recognition of traditional rights and practices

Where there is a will, there is a way…

Eroding Confidence in the system

Judiciary has kept the hopes alive…Upheld environmental rights of the common people

(led to formation of environment courts)Wetlands have been declared to be restored (money

can’t do it all)National River Protection Commission (rivers are to be

freed)Government directed to regulate powerful industries

as that of ship breaking, shrimp farmingPersistent polluters have been directed to close down

unitsTanneries to relocate (repeated extension of time)Impunity … under consideration

Thank you