Matthew Baird presentation on ASEAN EIA at IAIA 2016

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M Baird ASEAN EAI IAIA Nagoya May 2016

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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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Vermont Law School at the ECD, MOECAF in Nay Pyi Taw, Myanmar

Martin Cosier, Vermont Law School with ECD Myanmar.

Martin Cosier, Vermont Law School, and Matthew Baird, Environmental Counsel, attended the Environment and Conservation Department of the Myanmar Ministry of Natural Resources and Environmental Conservation in Nay Pyi Taw in April 2016. This visit was part of an ongoing program to conduct a series of EIA Clinic with the staff of ECD. The EIA Clinic is funded by HBS Myanmar. This is the third year of the EIA Clinics. The aim of the program is to provide practical experience and training  in EIA assessment to ECD.

Statement by United Nations experts on the ECLAC’s negotiation of a regional instrument on environmental democracy

 

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22 October 2015

On the eve of a precedent-setting negotiation, we express our strong support for the efforts by governments in Latin America and the Caribbean to agree on a regional instrument on rights of access to information, participation, and justice in environmental matters.

This negotiation is one of the most important steps ever taken to protect and promote environmental democracy at the international level, and it will provide a model for such steps in other regions and countries.

Emerging from a proposal at the Rio+20 Conference on Sustainable Development, the new agreement is being negotiated by 20 member States of the Economic Commission for Latin America and the Caribbean, representing more than 500 million people. The next negotiating session is October 27-29 in Panama Citya1.

The countries are discussing ways to implement Principle 10 of the 1992 Rio Declaration, which affirmed that “Environmental issues are best handled with participation of all concerned citizens,” that “each individual shall have appropriate access to information concerning the environment that is held by public authorities” and “the opportunity to participate in decision-making processes,” and that “Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”

Principle 10 is universally acknowledged, and the obligations on States to provide access to information, participation, and remedy have strong bases in international human rights law as well, as is described in the 2014 mapping report of the then-Independent Expert on human rights and the environment, A/HRC/25/53.

Nevertheless, implementation of Principle 10 at the national and local level is often incomplete or ineffective. A robust, legally binding regional instrument would provide invaluable support for such implementation, including by protecting environmental human rights defenders, including indigenous activists and leaders and women human rights defenders, who are at high risk of harassment and even death in many countries.

Sustainable development and human rights are interrelated. Rights of access to information, participation, and justice are at the fulcrum of the relationship. When the people most affected by environment and development policies—including indigenous peoples, whose livelihoods and cultures often depend on access to their lands and resources, and women, who are often the primary caregivers in the family—can exercise their human rights to information, participation in decision-making, and remedy, then the policies are most responsive, fair and effective.

A strong regional instrument on access rights will further enhance robust domestic laws implementing multilateral environmental agreements and domestic policies in other areas, including climate change, chemicals and waste management, and biological diversity.

While most of the countries have expressed their intention to conclude a legally binding instrument, they have not yet adopted a formal decision on the question. We urge the negotiators to decide to adopt a treaty or other binding legal instrument, as the best way to promote the effective implementation of access rights and sustainable development and to ensure that the instrument strengthens capacities in public institutions and in civil society.

In addition, a legally binding instrument can provide legal tools to secure the effective enjoyment of access rights. An adequate legal framework is indispensable to give effect to access rights, and a treaty enables adoption and enforcement of adequate internal laws.

Moreover, a legally binding instrument can channel development and technical assistance to strengthen institutional capacities, by providing the structural mechanisms for North-South development assistance and South-South regional cooperation, including through a dedicated Secretariat. Such an instrument may also establish a mechanism to oversee compliance with the obligations established in the treaty, and thus to monitor and facilitate its implementation.

We also applaud the transparent negotiating process. Modalities for the participation of the public have included the ability of the public to speak at any moment of the discussions, subject to the Chair’s discretion. This arrangement is an international good practice regarding stakeholder engagement in inter-governmental processes. In addition, the process has contemplated a number of activities for capacity-building, lessons sharing, and education regarding sustainable development and access rights, including workshops jointly organized by governmental agencies and civil society.

This statement has been endorsed by the following UN Special Procedures:

Mr. John Knox, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment;
Mr. Baskut Tuncak, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes;
Mr. Dainius Pūras, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health;
Mr. Léo Heller, Special Rapporteur on the human right to safe drinking water and sanitation;
Ms. Hilal Elver, Special Rapporteur on the right to food;
Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression;
Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association;
Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders;
Mr. Philip Alston, Special Rapporteur on extreme poverty and human rights;
Ms. Virginia Dandan, Independent Expert on human rights and international solidarity;
Mr. Alfred de Zayas, Independent expert on the promotion of a democratic and equitable international order;
Mr. Chaloka Beyani, Special Rapporteur on the human rights of internally displaced persons;
Ms. Leilani Farha, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living;
Ms. Victoria Lucia Tauli-Corpuz, Special Rapporteur on the rights of indigenous people;
Ms. Eleonora Zielinska, current Chair of the Working Group on the issue of discrimination against women in law and in practice.

– See more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16630&LangID=E#sthash.kiVHuWKA.dpuf

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.

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.”

International Workshop for EIA system and its Implementation in Asia held by IGES and MOE Japan in Tokyo in February 2015

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H.E. Danh Serey, Director Department of EIA Cambodia.

An International Workshop for Environmental Impact Assessment (EIA) Systems and Implementation in Asia was held in 24-25 February, 2015, Tokyo, Japan, organised by the Ministry of the Environment Japan (MOEJ) and the Institute for Global Environmental Strategies (IGES), supported by the Asian Development Bank (ADB). The workshop aimed to introduce a summary of the six country research on challenges and opportunities to strengthen the EIA system and its implementation; discuss how to address four key common challenges identified in the country research (upstream EIA/Strategic Environmental Assessment (SEA), quality of EIA, information disclosure and public participation, and environmental management plan and monitoring) among participants; and identify how to strengthen the EIA system and its implementation through collaborating with international communities.

Participation in the workshop involved representatives from 15 Asian countries (Cambodia, China, India, Indonesia, Japan, Republic of Korea, Lao PDR, Malaysia, Maldives, Myanmar, Pakistan, the Philippines, Sri Lanka, Thailand and Viet Nam), Australia and the United States; international organisations (ADB, International Finance Corporation (IFC), Japan Bank for International Cooperation (JBIC), Japan International Cooperation Agency (JICA), United States Agency for International Development (USAID), World Bank and others); private sector; academics and NGOs.

For more information IGES EIA Workshop February 2015.

Public Participation Meeting on Draft EIA law for Cambodia

Workshop on draft EIA Law, Siem Reap, Cambodia, December 2013.

Another public workshop was held by the Ministry of Environment and Vishnu Law Group to consider comments on the draft EIA Law. This was held in Siam Reap from 24 to 26 December 2103. Over 120 participants provided comments and suggestions on the draft EIA Law. For more information on the EIA project see the Vishnu Law Group webpage.

Workshop on draft EIA Law, Siem Reap, Cambodia, December 2013.

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