Monetivedo IV Workshop United Nations Environment

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I was privileged to attend and speak at the recent Focal-Point Meeting for Asia-Pacific region in Bangkok at the UN Building in July. IMG_2057

Background

Asia Pacific is the largest and fastest growing region in the world.  Implementation of environmental commitments under Multilateral Environmental Agreements and achieving the Sustainable Development Goals in this dynamic and diverse region requires good laws and strong institutions. The United Nations Environment Programme (UN Environment) supports countries in Asia and the Pacific to achieve this goal.  It works with a broad range of partners to support the development or strengthening of environmental laws and their enforcement to achieve countries’ environmental goals in the context of sustainable development, as well as advance environmental justice. The development and implementation of environmental law has been going through material changes in this region and globally, leading to the development of good practices in various countries that can address legal and institutional issues relating to the environment.

The Montevideo Programme for the Development and Periodic Review of Environment Law (Montevideo Programme) refers to a series of ten-year programmes that organize the work of the United Nations Environment Programme (UN Environment) to support the development and review of environmental law. The current and fourth such programme (Montevideo Programme IV) runs from 2010 to 2020.  At its second universal session in 2016 the United Nations Environment Assembly adopted Resolution 2/19 which requests UN Environment, in close collaboration with the national focal points, to prepare an assessment of Montevideo IV and proposals for the work of UN Environment in the area of environmental law for a specific period beginning in 2020, for consideration by the UNEA in 2019.

Purpose of the meeting

The key purpose of the meeting is to provide a forum for Montevideo Focal Points from Asia Pacific to:

(a) share and exchange information on latest developments, trends, and good practices in the development and enforcement of environmental law in their countries, as well as regionally and globally;

(b) contribute to UN Environment’s preparation of the assessment of the Montevideo Programme IV, including through sharing information on the status of implementation of the Montevideo Programme IV in their countries; and

(c) identifying priorities from the region and proposals for the work of UN Environment in environmental law for the coming years, including for the next Montevideo Programme period commencing 2020.  Priorities already identified by focal points and relevant UN Environment Assembly resolutions include: air pollution, public health, and marine litter. These and others will be discussed in the meeting.

First ASEAN Animal Law Conference to be held in Chiang Mai, 16-18 December 2018

ASEAN Animal Law Conference Logo

ASEAN Animal Law Conference CFP

The inaugural ASEAN Animal Law Conference will commence the discussions about the ethical treatment of animals in ASEAN member countries. The Conference will examine the ethics, law and policy on animals in ASEAN, and also look to international comparisons to develop laws and regulations on best practices for animal welfare.

Call for Papers and Sessions 

Conference papers are sought on the following topics:

·      The ethical relationship between humans and animals

·      Animals in tourism

·      Animals in agriculture

·      Animals as companions

·      Illegal wildlife trade

As well as the following specific elephant law and policy topics:

·      Captive, wild and working elephants

·      Climate change and habitat protection

·      Elephant tourism

Resolving human-elephant conflict

There will also be key sessions that focus on elephant law and policy in Asia in order to develop clear pathways for the implementation of laws, policies and strategies for the protection of the Asian elephant, including working and captive elephants.

Please email aseananimallaw@gmail.com to register your interest in this conferenceASEAN Animal Law Conference Logo

Meeting with Minister for the Environment, Cambodia.

Minister of the Environment

On Monday 12 September, in Phnom Penh, I was honoured to attend a meeting with His Excellency Say Samal, Minister of the Environment, Government of Cambodia, together with representatives from the USEPA and Vishnu Law Group. The meeting was to provide an update on the draft Environmental Code for Cambodia. The USEPA and other US government agencies have been providing expert assistance to Vishnu Law Group. Vishnu Law Group is coordinating the preparation and drafting of a new Environmental Code for Cambodia with the Ministry of the Environment.

Minister of the Environment

Minister of the Environment HE Say Samal

Outline of Environmental Code of Cambodia released for review

Launch of the Outline Draft of the Environmental Code of Cambodia.

The outline of the Environmental Code of Cambodia was released for public comment and review at a workshop in Phnom Penh on 4 April 2016. At the workshop, hosted by the Ministry of Environment and Vishnu Law Group, and attended by members of the Sub-Technical Working Groups, other Government Ministries, and CSOs, there was lively discussion about the Principles for the Environmental Code and the draft outline of the Environmental Code.

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ASEAN ICHR Worksop on Environment and Human Rights

Human Rights the Environment and Climate Change

The AICHR Workshop on the Implementation of Human Rights Obligations Relating to the Environment and Climate Change in Mandalay, Myanmar was a follow up from the Workshop on Human Rights, Environment and Climate Change conducted in September 2014. The workshop was organized and led by the Representative of Myanmar to the AICHR, H.E. U Kyaw Tint Swe, with the support of the Regional EU – ASEAN Dialogue Instrument and additional assistance from ASEAN US Progress. At the last workshop the AICHR was expected to play a key role in further integration of Human Rights Based Approach towards environmental policy making and protection.

The purpose of this year’s Workshop was to develop a deeper understanding on the human rights obligations relating to the environment in the ASEAN context and explore how a regional response may be initiated with the involvement of relevant stakeholders.

The workshop was conducted over a period of two days discussing topics revolving around the current state with regards to human rights obligations vis-à-vis the environment and climate change, environmental impact assessment tools for ASEAN, legal frameworks, the protection of women, children and other vulnerable groups, and a possible framework for ASEAN.

The Workshop was attended by distinguished speakers, relevant ASEAN bodies/ working groups on Environment, national human rights institutions, academia/think tanks, judiciary, civil society organisations and others. The first session of the Workshop was opened by the UN Special Rapporteur on Human Rights and the Environment, Mr John Knox. Mr Knox highlighted key aspects of human rights and the environment and the need to strike a balance between environmental protection and economic development. The session was also graced by Prof. Dr. Nay Htun, who was a former UN Assistant Secretary-General, UN Environment Programme (UNEP) Deputy Executive Director and Assistant Secretary-General for the UNDP.

The Workshop benefited from the exchange of views and experiences from expert speakers in the fields of human rights, the environment, and climate change from ASEAN and overseas, including Prof. Vitit Muntarbhorn (former UN Special Rapporteur), Honorary Prof. Jaap Spier, Dr Matthew Baird, and Prof. Dinah Shelton.

Some of the topics that were highlighted included the gap between legalization and implementation/enforcement, the need to place a focus on the marginalized and vulnerable groups, and the necessity to have a fuller grasp of the expertise that ASEAN countries can share and contribute to a possible regional framework.

– See more at: http://aichr.org/press-release/press-release-aichr-workshop-on-the-implementation-of-human-rights-obligations-relating-to-the-environment-and-climate-change-26-27-september-2015-mandalay-myanmar/#sthash.Qu1FbazD.dpuf

Human Rights the Environment and Climate Change

Human Rights the Environment and Climate Change

Shared Solutions: Regional Symposium of Sustainable Development

Opening roundtable
Opening roundtable

Opening roundtable

Over 140 representatives from Government, NGO and the private sector gathered in Bangkok, Thailand to shared strategies and experiences on safeguarding sustainable development in the Mekong Region. The Symposium was hosted by PACT – Mekong Partnership on the Environment, Thailand’s Office of Natural Resources and Environment, USAID, Government of Sweden, and the Stockholm Environment Institute.

DR. Vinod Thomas, Director General of the Independent Evaluation at the Asian Development Bank, gave the keynote presentation on the Business Case for Social and Environmental Safeguards in Infrastructure Lending.

Matthew Baird, gave an opening presentation at the Plenary Session giving an overview of the significant developments in Environmental Impact Assessment in the Mekong Region. He highlighted some of the common themes and challenges in the region.

This was followed by a panel presentation from senior officials from EIA Units in the region. Each of these EIA Directors provided some interesting experiences on the challenges faced by government on EIA.

Impact Assessment and ASEAN Economic Community

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I was fortunate to be invited to present at the Impact Assessment and the ASEAN Economic Community: A Way Forward for Regional Cooperation. This Regional Workshop was held in May 2015 in Hanoi, Vietnam. The Workshop was hosted by the Vietnam Environment Administration, AECEN and Pact with funding by USAID.

The Workshop examined the role of Environmental and Social Impact Assessment (ESIA) in promoting sustainable development in the Mekong Region and ASEAN.

My presentation was an overview of EIA in the Mekong Region with particular emphasis on public participation.

Vermont Law School EIA Clinic with MOECAF in Myanmar

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Vermont Law School has recommenced a program from 2014 working closely with the Ministry of Environment Conservation and Forestry of Myanmar.The program provides for a monthly clinic on EIA Assessment and Review with the Environment and Conservation Division of MOECAF. It is a great learning environment as the new EIA Procedures are about to enter into force. I also gave a presentation on Day 1 on a Regional Analysis of EIA Laws within the region. The after session included an overview on Public Participation in EIA in Myanmar and an examination of some of the potential issues that ECD will have to address once the EIA Procedures are approved. IMG_0548

National Consultation Workshop on draft EIA Law, Phnom Penh, Cambodia.

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The Second National Consultation Workshop on the draft Law on Environmental Impact Assessment (EIA) was opened by H.E Dr. Say Samal, Minister of Environment, on Tuesday 17 March in Phnom Penh.

H.E the Minister said: “The new Environmental Impact Assessment Law marks an important shift to more transparent and accountable environmental management. With the new Law, we will be able to ensure that all future development complies with the government’s nature conservation and environmental protection standards. This Law will be the centrepiece of environmental management for many years to come.”

The new EIA Law will mandate the conduct of a comprehensive and transparent EIA for all types of development projects, including dams, large plantations and urban construction projects. The draft EIA Law provides provisions for access to information and public participation. These will provide “communities and other affected persons unprecedented rights to be informed and participate” in the planning and assessment of development projects.

The draft EIA Law also provides innovative and best practice provisions on climate change, transboundary impacts, and strategic environmental assessment.

Comments and questions are being sought on the draft EIA for consideration and assessment by the EIA Working group with includes the Ministry of Environment, Vishnu Law Group and EIA expert Prof Richard Frankel and Matthew Baird, Environmental Counsel.

The draft EIA Law has been under development since 2011, in a collaborative process between the Ministry of Environment and Vishnu Law Group. To date there have been six consultation workshops throughout Cambodia with hundreds of submissions received over the process.

Ms. Sao Kagna, Manager of Vishnu Law Group, said: “Vishnu has been very pleased to collaborate with the Ministry to create this Law. Stakeholders from all over the country have been very enthusiastic about the very transparent and inclusive way that this Law was created.”

View of the Bagan Plains.

View of Bagan, Myanmar

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