ADBADB’’s Role in s Role in Strengthening Strengthening

Environmental Governance Environmental Governance and Rule of Lawand Rule of Law

Irum AhsanIrum AhsanLegal Counsel, Asian Development BankLegal Counsel, Asian Development Bank

30 August 201330 August 2013Thimphu, BhutanThimphu, Bhutan

OutlineOutline

I.I. ADB’s Operational Commitments ADB’s Operational Commitments towards Environmental Sustainability towards Environmental Sustainability (ADB’s Safeguards Policy Statement (ADB’s Safeguards Policy Statement 2009)2009)

II.II. ADB’s Role in Strengthening ADB’s Role in Strengthening Environmental Justice (Law, Justice, and Environmental Justice (Law, Justice, and Development Program)Development Program)

III.III. 22ndnd South Asia Judicial Roundtable on South Asia Judicial Roundtable on Environmental Justice: Structure and Environmental Justice: Structure and ThemesThemes

II. ADB’s Operational Commitments . ADB’s Operational Commitments towards Environmental Sustainability towards Environmental Sustainability

(ADB’s Safeguards Policy Statement (ADB’s Safeguards Policy Statement 2009) 2009)

ADB’s Operational Commitments for ADB’s Operational Commitments for Sustainability. Sustainability.

(Environment and Good Governance)(Environment and Good Governance)

ADB’s Long-Term Strategic Framework (Strategy ADB’s Long-Term Strategic Framework (Strategy 2020) identifies 2020) identifies good governance and capacity good governance and capacity development development as a driver for change, and as a driver for change, and environment environment (including climate change) as a core (including climate change) as a core operational area.operational area.

In this context, the goal of ADB’s Safeguards Policy In this context, the goal of ADB’s Safeguards Policy Statement is to promote the sustainability of project Statement is to promote the sustainability of project outcomes by protecting the environment and people outcomes by protecting the environment and people from projects’ potential adverse impacts.from projects’ potential adverse impacts.

ADB’s Operational Commitments for ADB’s Operational Commitments for Sustainability. Sustainability.

(Environment and Good Governance)(Environment and Good Governance)

Environmental and social sustainability are Environmental and social sustainability are cornerstones of economic growth and poverty cornerstones of economic growth and poverty reduction.reduction.

ADB ensures the social and environmental ADB ensures the social and environmental sustainability of its projects. sustainability of its projects.

Safeguard Policy Statement 2009 ensures Safeguard Policy Statement 2009 ensures mitigation of environmental and resettlement mitigation of environmental and resettlement impacts and impacts on indigenous peoples.impacts and impacts on indigenous peoples.

Features of ADB Environmental Features of ADB Environmental Safeguards PolicySafeguards Policy

Environmental AssessmentEnvironmental Assessment Environmental Planning and Environmental Planning and

ManagementManagement Information DisclosureInformation Disclosure Consultation and ParticipationConsultation and Participation Grievance Redress MechanismGrievance Redress Mechanism Monitoring and ReportingMonitoring and Reporting

Features of ADB Environmental Features of ADB Environmental Safeguards PolicySafeguards Policy

ADB will not finance projects that do ADB will not finance projects that do not comply with its safeguards policy not comply with its safeguards policy statement, nor will it finance projects statement, nor will it finance projects that do not comply with the host that do not comply with the host country’s social and environmental laws country’s social and environmental laws and regulations.and regulations.

All loan documents and agreements for All loan documents and agreements for ADB projects incorporate observance of ADB projects incorporate observance of these safeguard policies. these safeguard policies.

II.II. ADB’s Role in Strengthening ADB’s Role in Strengthening Environmental Justice Environmental Justice

(Law, Justice, and Development (Law, Justice, and Development Program) Program)

Law, Justice and Development ProgramLaw, Justice and Development Program

The focus of ADB-OGC's Law, Justice and The focus of ADB-OGC's Law, Justice and Development (LJD) program is legal Development (LJD) program is legal development through strengthened policy, development through strengthened policy, legal, judicial, and regulatory systems.legal, judicial, and regulatory systems.

Good governance and strengthened rule of Good governance and strengthened rule of lawlaw

Consistent with strategic priorities, we are Consistent with strategic priorities, we are actively assisting our member countries, actively assisting our member countries, under LJD program, to strengthen their legal, under LJD program, to strengthen their legal, regulatory, and enforcement capacities with regulatory, and enforcement capacities with regards to environmental considerations.regards to environmental considerations.

LJD Work on Environmental JusticeLJD Work on Environmental Justice Considering the important role of Asian judiciaries, ADB Considering the important role of Asian judiciaries, ADB

prepared a technical assistance project for the prepared a technical assistance project for the establishment of Asian Judgesestablishment of Asian Judges’’ Network on environment. Network on environment.

Senior judiciary in Asia plays a key role in environmental Senior judiciary in Asia plays a key role in environmental enforcement:enforcement: Direct:Direct: making environmental decisions, issuing rules and making environmental decisions, issuing rules and

directions to lower courts, establishing green benchesdirections to lower courts, establishing green benches Indirect:Indirect: leading the legal profession towards credible rule-of- leading the legal profession towards credible rule-of-

law systems that promote environmental sustainabilitylaw systems that promote environmental sustainability

Judges influence the entire legal system, how legal and Judges influence the entire legal system, how legal and regulatory frameworks are interpreted and enforced regulatory frameworks are interpreted and enforced which in turn affects private sector investment in related which in turn affects private sector investment in related sectorssectors

Brunei Darussalam

ASEAN Chief ASEAN Chief Justices Justices

roundtable on roundtable on environmentenvironment

ASIAN JUDGES NETWORK ON ASIAN JUDGES NETWORK ON ENVIRONMENTENVIRONMENT

South Asian South Asian Chief Justices Chief Justices

roundtable roundtable on on

environmentenvironment

III.III. 2 2ndnd South Asia Judicial South Asia Judicial Roundtable on Environmental Roundtable on Environmental

Justice in Bhutan Justice in Bhutan

(Structure and Themes)(Structure and Themes)

Roundtable StructureRoundtable Structure Inaugural SessionInaugural Session Two Plenary SessionsTwo Plenary Sessions

Regional Environmental ChallengesRegional Environmental Challenges Challenges for Effective Environmental Challenges for Effective Environmental

Adjudication and EnforcementAdjudication and Enforcement Consensus BuildingConsensus Building

Discussion on the proposed SAARC MOUDiscussion on the proposed SAARC MOU Finalization of Roundtable StatementFinalization of Roundtable Statement

Plenary Sessions on Regional Plenary Sessions on Regional Environmental ChallengesEnvironmental Challenges

DAY 1DAY 1

Challenge 1: Challenge 1: Climate ChangeClimate Change Challenge 2: Challenge 2: Conservation of Natural Conservation of Natural

Resources and Resources and BiodiversityBiodiversity

Challenge 3: Challenge 3: Environment, Human Environment, Human Health, Health, and its Economicsand its Economics

Plenary Sessions on Challenges for Effective Plenary Sessions on Challenges for Effective Environmental Adjudication and EnforcementEnvironmental Adjudication and Enforcement

DAY 2DAY 2

Challenge 1: Challenge 1: Limitations of Environmental Limitations of Environmental Policies and LawsPolicies and Laws

Challenge 2: Challenge 2: Environmental Impact Environmental Impact Assessment (EIA)Assessment (EIA)

Challenge 3: Challenge 3: Access to Environmental Access to Environmental Justice Justice and Alternative and Alternative Dispute Dispute Resolution Resolution MechanismsMechanisms

Challenge 4: Challenge 4: Capacity Constraints Capacity Constraints

ConsensusConsensus Building at the RoundtableBuilding at the RoundtableTwo Overarching Goals:Two Overarching Goals:

1. 1. Identification of the role of the judiciary in Identification of the role of the judiciary in shaping environmental law and building shaping environmental law and building capacity to decide environmental cases capacity to decide environmental cases (through Roundtable Statement )(through Roundtable Statement )

2. 2. Identify the role and nature of South Asia Identify the role and nature of South Asia judicial cooperation for strengthening judicial cooperation for strengthening cooperation in areas of mutual benefit, cooperation in areas of mutual benefit, including ensuring continuity of involvement including ensuring continuity of involvement amongst the judiciary. amongst the judiciary. (through MOU)(through MOU)

FacilitatorsFacilitators

Kadin Chey laKadin Chey laTashi DelekTashi Delek

Tel: (632) 632-4953Tel: (632) 632-4953

E-mail: E-mail: iahsan@adb.org

www.adb.orgwww.adb.org