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S. Rizwana Hasan Advocate, Supreme Court of Bangladesh & Chief Executive, BELA.
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Transcript of 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