Background Jakarta Common Vision 1 st ASEAN Chief Justices - - PowerPoint PPT Presentation

2nd 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 – 1st 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

• 3rd Chief Justices Roundtable Meeting in Bangkok &

2nd Asian Judges Symposium in Manila – several proposals raised

• Those proposals were discussed and deliberated

during the 1st ASEAN Judicial Working Group Meeting on Environment held on September 1-16, 2014

• Hanoi Action Plan – draft proposal finalized during

the 4th ASEAN Chief Justices Roundtable Meeting in Hanoi 12th - 14th December 2014 but not accepted then by all the ASEAN Judiciaries

Hanoi Action Plan

• Followed by a letter from the Chief Justice

Vietnam dated 6th January 2015 to other Chief Justices attaching the draft Hanoi Action Plan for their expressed approval or assumed approval if no response received by 10th 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
• 1st Workshop – 17th and 18th April 2015 – creating

awareness on Judges and Judicial officers and Prosecutors

• 2nd Workshop – tentatively in July 2015 – capacity

building – for Investigating officers and Prosecuting officers

• 3rd 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

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

Malaysia Experience

• Sarawak Judicial Working Group
• 1st Workshop – tentatively in July 2015 – creating

awareness on Judges and Judicial officers and Prosecutors

• 2nd Workshop – tentatively in September 2015 –

capacity building – for Investigating officers and Prosecuting officers

• 3rd Workshop – tentatively in November 2015 –

legislative discussions and enhancements

Malaysia Experience

• Post 1st Workshop results:

– Awareness enhanced amongst Judges and Judicial

• fficers 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