ADB’s Role in
Strengthening
Environmental Governance
and Rule of Law
Irum Ahsan
Legal Counsel, Asian Development Bank
30 August 2013
Thimphu, Bhutan
Outline
I.
II.
III.
ADB’s Operational Commitments towards
Environmental Sustainability (ADB’s
Safeguards Policy Statement 2009)
ADB’s Role in Strengthening
Environmental Justice (Law, Justice, and
Development Program)
2nd South Asia Judicial Roundtable on
Environmental Justice: Structure and
Themes
I. ADB’s Operational Commitments
towards Environmental Sustainability
(ADB’s Safeguards Policy Statement
2009)
ADB’s Operational Commitments for
Sustainability.
(Environment and Good Governance)


ADB’s Long-Term Strategic Framework (Strategy 2020)
identifies good governance and capacity development
as a driver for change, and environment (including
climate change) as a core operational area.
In this context, the goal of ADB’s Safeguards Policy
Statement is to promote the sustainability of project
outcomes by protecting the environment and people from
projects’ potential adverse impacts.
ADB’s Operational Commitments for
Sustainability.
(Environment and Good Governance)

Environmental and social sustainability are cornerstones
of economic growth and poverty reduction.

ADB ensures the social and environmental sustainability
of its projects.

Safeguard Policy Statement 2009 ensures mitigation of
environmental and resettlement impacts and impacts on
indigenous peoples.
Features of ADB Environmental
Safeguards Policy






Environmental Assessment
Environmental Planning and Management
Information Disclosure
Consultation and Participation
Grievance Redress Mechanism
Monitoring and Reporting
Features of ADB Environmental
Safeguards Policy


ADB will not finance projects that do not
comply with its safeguards policy statement,
nor will it finance projects that do not comply
with the host country’s social and
environmental laws and regulations.
All loan documents and agreements for ADB
projects incorporate observance of these
safeguard policies.
II. ADB’s Role in Strengthening
Environmental Justice
(Law, Justice, and Development
Program)
Law, Justice and Development Program



The focus of ADB-OGC's Law, Justice and
Development (LJD) program is legal development
through strengthened policy, legal, judicial, and
regulatory systems.
Good governance and strengthened rule of law
Consistent with strategic priorities, we are actively
assisting our member countries, under LJD program,
to strengthen their legal, regulatory, and
enforcement capacities with regards to
environmental considerations.
LJD Work on Environmental Justice


Considering the important role of Asian judiciaries, ADB
prepared a technical assistance project for the establishment
of Asian Judges’ Network on environment.
Senior judiciary in Asia plays a key role in environmental
enforcement:


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Direct: making environmental decisions, issuing rules and
directions to lower courts, establishing green benches
Indirect: leading the legal profession towards credible rule-of-law
systems that promote environmental sustainability
Judges influence the entire legal system, how legal and
regulatory frameworks are interpreted and enforced which in
turn affects private sector investment in related sectors
ASIAN JUDGES NETWORK ON
ENVIRONMENT
ASEAN Chief
Justices
roundtable on
environment
South Asian
Chief Justices
roundtable on
environment
Brunei Darussalam
Cambodia
Bhutan
Indonesia
Bangladesh
Laos PDR
Malaysia
Myanmar
Philippines
India
Maldives
Nepal
Pakistan
Singapore
Thailand
Viet Nam
Sri Lanka
III. 2nd South Asia Judicial
Roundtable on Environmental
Justice in Bhutan
(Structure and Themes)
Roundtable Structure


Inaugural Session
Two Plenary Sessions


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Regional Environmental Challenges
Challenges for Effective Environmental
Adjudication and Enforcement
Consensus Building


Discussion on the proposed SAARC MOU
Finalization of Roundtable Statement
Plenary Sessions on Regional
Environmental Challenges
DAY 1

Challenge 1:
Climate Change

Challenge 2:

Challenge 3:
Conservation of Natural
Resources and
Biodiversity
Environment, Human Health,
and its Economics
Plenary Sessions on Challenges for Effective
Environmental Adjudication and Enforcement
DAY 2

Challenge 1:

Challenge 2:

Challenge 3:

Challenge 4:
Limitations of Environmental
Policies and Laws
Environmental Impact
Assessment (EIA)
Access to Environmental Justice
and Alternative Dispute
Resolution Mechanisms
Capacity Constraints
Consensus Building at the Roundtable
Two Overarching Goals:
1. Identification of the role of the judiciary in
shaping environmental law and building capacity
to decide environmental cases (through
Roundtable Statement )
2. Identify the role and nature of South Asia
judicial cooperation for strengthening
cooperation in areas of mutual benefit, including
ensuring continuity of involvement amongst the
judiciary. (through MOU)
Facilitators
Kadin Chey la
Tashi Delek
Tel: (632) 632-4953
E-mail: iahsan@adb.org
www.adb.org