On June 25th, the meeting on South Asian Judicial Interaction on Environmental Justice and Equity ended with a key declaration that gives the judiciary of these South Asian nations the responsibility of protecting the biodiversity of this region and providing for environmental justice in the face of increasing environmental exploitation. What are the implications of this declaration?

In a remarkable effort of collaboration in South Asia, representatives of the judicial arms of Bangladesh, India, Pakistan, Nepal and Sri Lanka presented a joint declaration committing to environmental justice in South Asia. Given that environmentally, these countries are closely tied through rivers and atmospheric movement, and that an environmental disaster in one region often impacts others, this declaration is an important first step in empowering communities and environmental protagonists to protecting the ecological sanctity of the region. It also presents a joint front in resisting environmental exploitation by multinational corporations or other external institutions.

Facilitated by Toxics Link – an environmental resource group based in India – the Kathmandu Declaration adopted in Kathmandu on June 25th, 2004 by sitting judges of the Hon'ble Supreme and High Courts of Bangladesh, India, Pakistan, Nepal and Sri Lanka.
The meeting was the South Asian Judicial Interaction on Environmental Justice and Equity held by the Forum for Justice in association with the Supreme Court of Nepal in Kathmandu. It is a first declaration of its type, and the declaration on environmental justice is unique since it puts a special focus on the environment through a rights perspective by the highest judicial bodies of the region.

There are some significant components in this declaration. There is an explicit statement recognizing the exploitation of biodiversity and the need to resist such exploitation. More over, in resisting such exploitation, the judicial bodies of these countries recognize the role of local communities in such an effort and validate that empowerment of these communities are key to such an effort.

This erudite body also makes an important recognition of environmental rights as fundamental rights of people and give to judiciary of South Asia the responsibility of protecting the environment, its biodiversity and means of enforcing polluter pay principles. It also explicitly states that the South Asian region has become a preferred dumping ground of toxics, hazardous waste, materials and technologies, which impacts the people – especially the poor. It also clearly states that environmental justice is tied to poverty and empowerment.

Most importantly, it has raised the issue of intellectual property issues vis-à-vis South Asian traditions and bio-diversity. The declaration gives the judiciary of South Asia the responsibility to protect traditions from current practices of intellectual property piracy and fraud.

This declaration provides significant tools to local communities and environmental activists resisting the onslaught of environmental degradation driven largely by profit motives of economic institutions. This declaration comes during times when various courts have sometimes disciplined businesses engaged in unethical environmental practices and at other times have been oblivious to these practices. The next few years will be key in realizing how the courts interpret this declaration to provide for environmental justice.

KATHMANDU DECLARATION
WHEREAS during the last decade there has been a global awareness and interest in the importance of indigenous herbs and other flora and fauna, which has led to various forms of exploitation of this heritage belonging to the developing nations.
WHEREAS also noting that the South Asian Region has become a target of an international trade in toxics and hazardous waste, materials and technologies, which impacts the people and the environment of the land, and specially that of the poor.
WHEREAS having firm belief in the cultural and natural heritage of the people of South Asia and the development in the protection of biodiversity and associated knowledge for the use and benefit of future generations. Also having greater confidence in the superior judiciary of the South Asian Countries in protecting the environment and biodiversity, common peoples right of access to justice, declaring environmental rights as fundamental rights, enforcing precautionary principle, polluter pays principle, applying principles of sustainable development, the doctrine of public trust and guardianship and affirming respect for international conventions treaties and legal instruments.
WHEREAS we emphasize our commitment to the Universal Declaration of Human Rights and the UN Human Rights Conventions and Multilateral Environmental Agreements and recognize their close connection with sustainable development and upholding environmental justice and the Rule of Law and emphasizing the critical connection between poverty, human rights and the environment.
WHEREAS during the deliberations the participants of the South Asian countries who have attended the conference on Environmental Justice and Equity from June 21-25, 2004, organized by Forum for Justice in cooperation of the Supreme Court of Nepal, have observed with grave concern damage done to the people, environment, biodiversity and intellectual property rights relating to their region and that the disputes and issues in this context are usually unattended to the serious prejudice of the common men and women of this area, and therefore necessity has been felt for the constitution of a commission for this purpose.

We resolve that a South Asian Judicial Commission comprising of the Judges and Jurists, aided and assisted by civil society, of the South Asian Countries namely Bangladesh, India, Nepal, Pakistan and Sri Lanka be set up for the promotion of environmental justice and evolve mechanisms for resolution of disputes and issues relating to regional interests including particularly matters of environment, bio diversity and intellectual property rights.
We also resolve to improve the capacity of those involved in the process of upholding environmental justice, such as judges, prosecutors, law officers and public interest lawyers to carry out their functions on a well informed basis, equipped with all the necessary skills, information and materials.
We further resolve that Forum for Justice should serve as the initial secretariat until the establishment of the South Asian Judicial Commission.