2 nd ASEAN Judicial Working Group Meeting (AJWG) Phnom Penh Cambodia 25th - 26th June 2015 Topic: Cooperation amongst ASEAN Judiciaries - Discussion of the Proposed Hanoi Plan
Background • Jakarta Common Vision – 1 st ASEAN Chief Justices Roundtable Meeting on Environment in Jakarta – Agreed by all Participants to develop an Action Plan for Justice, Governance, the Rule of Law and Sustainable Development in ASEAN countries – In particular, ASEAN Judiciaries’ role in tackling regional environmental challenges – e.g. deforestation and illegal logging, the illicit trade in wildlife, pollution and the destruction of coral reefs
Hanoi Action Plan • 3 rd Chief Justices Roundtable Meeting in Bangkok & 2 nd Asian Judges Symposium in Manila – several proposals raised • Those proposals were discussed and deliberated during the 1 st ASEAN Judicial Working Group Meeting on Environment held on September 1-16, 2014 • Hanoi Action Plan – draft proposal finalized during the 4 th ASEAN Chief Justices Roundtable Meeting in Hanoi 12 th - 14 th December 2014 but not accepted then by all the ASEAN Judiciaries
Hanoi Action Plan • Followed by a letter from the Chief Justice Vietnam dated 6 th January 2015 to other Chief Justices attaching the draft Hanoi Action Plan for their expressed approval or assumed approval if no response received by 10 th February 2015 • Now wholly accepted by all ASEAN Judiciaries except Singapore and Brunei which support it on non-committal basis. Hanoi Action Plan is the product of discussions and consensus by all ASEAN Judiciaries
Hanoi Action Plan • Undisputed Fact: Environmental problems have no national boundaries. Thus, Hanoi Action Plan is this: • What: • to formulate a road map to expeditiously achieve/implement the Jakarta Common Vision including Judges proactive roles in enforcement of environmental laws and disputes resolution • How: • Setting up of the ASEAN Judicial Working Group (AJWG) consist of all ASEAN Judiciaries • Setting up of National Judicial Working Group (NJWG) at the national level of each ASEAN Member State
Hanoi Action Plan • Mode of Work: • Provide Guidelines on the Management of the AJWG and NJWG • Progress Report on the Implementation of the Jakarta Common Vision to AJWG and CJs Roundtable meetings • Encourage experience sharing among ASEAN Member States - training and twinning programs, translation of reports or website contents into ASEAN languages, providing sample contents on Rules of Procedure for Environmental Cases • Establish regional networks in combating environment issues via Asian Judges’ Network on Environment [AJNE]
Sharing of experiences • ASEAN Judiciaries – sharing of experiences pursuant to the Hanoi Action Plan • Is it working? • Are we serious in implementing the Plan? • What have we done so far to implement the Plan? • Are there problems in the implementation? • How can we help each other in the implementation of the Plan?
Malaysia Experience Might not have been serious on environmental protection by the • Judiciary if not for this program initiated by ADB 11 States forming Malaysian Federation • Slow process – requires understanding and acceptance by Judges, • Judicial officers, Enforcement Agencies and Legal Practitioners So far 2 State Judicial Working Groups on Environment (SJWG) • (Sabah and Sarawak) established – Pilot projects – Next step – on micro level - to set up District Judicial Working Group (DJWG) at the district/provincial level with main target - the schools and villages Other States are expected to form SJWG tapping the Sabah and • Sarawak experiences SJWGs will compose the NJWG •
Malaysia Experience • SJWG – compose of the State Judiciary, Heads of DJWG, State Enforcement Agencies including Local Authorities, the Police and Prosecutors and State Non- Governmental Organizations on Environment – implementation level • Chaired by the Head of the State Judiciary • NJWG – compose of 3 Representatives from the SJWG of each State – policy-making level • Chaired by the Chief Justice
Malaysia Experience • Sabah Judicial Working Group • 1 st Workshop – 17 th and 18 th April 2015 – creating awareness on Judges and Judicial officers and Prosecutors • 2 nd Workshop – tentatively in July 2015 – capacity building – for Investigating officers and Prosecuting officers • 3 rd Workshop – tentatively in September 2015 – legislative discussions and enhancements
Malaysia Experience • Entitled – ‘Environmental Protection in Sabah and Sarawak – the way forward’ • Main purpose – to create awareness on environment • Attended by 180 participants from the Judiciary of Sabah and Sarawak, lawyers, enforcement agencies and 10 NGOs. Media in attendance • Speakers familiar with the local conditions of the environment in the State
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Malaysia Experience • Sarawak Judicial Working Group • 1 st Workshop – tentatively in July 2015 – creating awareness on Judges and Judicial officers and Prosecutors • 2 nd Workshop – tentatively in September 2015 – capacity building – for Investigating officers and Prosecuting officers • 3 rd Workshop – tentatively in November 2015 – legislative discussions and enhancements
Malaysia Experience • Post 1 st Workshop results: – Awareness enhanced amongst Judges and Judicial officers on environmental protection – Enhanced cooperation amongst the Enforcement Agencies, Police, Prosecutors and NGOs – Public awareness enhanced with the extensive media coverage on the Judiciary Initiated Workshop – Legal practitioners participation enhanced
Malaysia Experience • Way Forward: – to reach the district/provincial levels – public education on environment especially the schools and villagers • Public education: – The economic opportunities in environmental protection such wild life and natural habitat protection – tourism industry – Health benefits and costs
Conclusion • AJWG – to replace ADB upon completion of its program • Suggestions: – Coordinating body of all the NJWG on: • Common policies on the protection of the environment that knows of no national boundaries • Knowledge/experience sharing on legislation and actions taken for environmental protection • Formulating common judicial rules on the enforcement of respective environmental laws • Common judicial training on enforcement of laws on environmental protection
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