World Summit on Sustainable Development Department of Public Information - News and Media Services Division - New York
	Johannesburg, South Africa 26 August-4 September 2002	27 August 2002

PRESS CONFERENCE ON ENVIRONMENTAL LAW   A deep consensus had emerged at the recent Global Judges Symposium on Environmental Law that environmental rights were an essential part of human rights, the Chief Justice of South Africa told correspondents today at a Summit press conference. Joining Chief Justice Arthur Chaskalson in the discussion were Klaus Toepfer, Executive Director of the United Nations Environment Programme (UNEP), Pius Langa, Deputy Chief Justice of South Africa, and Halifa O. Drammeh, Deputy Director of the Division of Policy Development and Law of Kenya. Judge Chaskalson, describing the meeting held in Pretoria, South Africa from 18 to 20 August, said there had been an absolute commitment from all parts of the world about the importance of the rule of law and of the Universal Declaration of Human Rights. Environmental rights, it was agreed, were not an end in themselves, but a tool towards ensuring the fundamental right to life and better living conditions for all. The stories told had revealed much concern about damage to the environment and ineffective existing legal structures, as well as the need for support in countries where legal structures were not very strong, he added. At the end of the symposium, a set of principles was adopted, which included a commitment to explore at the Summit many of the issues raised at the judges' conference. Mr. Toepfer reiterated that there were lots of legally binding conventions and protocols, but those would remain "paper tigers" without implementation. Among the main focuses of the conference had been the need to work together to implement and change laws relating to sustainable development. Parliamentarians must be involved, as well as administrative personnel and civil society. For its part, UNEP must stabilize the network of judges and stimulate capacity-building, especially in developing countries, as well as provide an impetus to move the "paper tigers" to real law. Judge Langa said that the presence of more than 120 chief and deputy chief justices from most parts of the world had indeed been significant. The fact that they gathered together to discuss environmental law and sustainable development was vitally important and the discussions went further than that. Ultimately, the judges made a commitment in the form of a "statement of principles". It could not be denied that the judiciary played a crucial role in furthering the objectives of sustainable development. That process was not just about the presence of laws, but the willingness to implement and administer them. In response to a question, Chief Justice Chaskalson said he did not agree that there was a lack of the protection of the environment -- hundreds of agreements internally had addressed those issues. The problem was a lack of awareness among communities of their rights, for which capacity-building was needed, not only within courts, but also within the legal profession itself. Also, justice should apply not only to human rights, but also to environmental rights. Replying to a request for concrete examples of where the law existed, but was not being applied, the Chief Justice said many judges at the symposium had described the difficulty in bringing such issues to court. The justices from India talked about terrible environmental problems in their country, which were not being addressed. Ultimately, the court there took the initiative based on a letter written by an individual. A committee was appointed to look into the matter, and subsequently orders were issued to both affected and accused to respond to the inquiry. The court later issued an extensive order to deal with that particular problem. Other stories from other parts of the world had described the lack of capacity among those people most directly affected by environmental breaches. To a question about the link between fighting poverty and preserving the environment, Judge Chaskalson said that the huge number of people affected by such matters were illiterate. Their lack of knowledge made it impossible for them to enforce their rights. The connection between the law and the individual required an intermediary who could bridge that particular gap. One objective of the symposium had been to increase awareness of the judiciary and an understanding that that branch could not take up matters on its own, Judge Langa added. For instance, the bill of rights in South Africa must cater to everybody, including the poorest of the poor, as well as the most privileged. The judiciary had to be aware of the problem of access to the courts and do as much as it could to make itself accessible to non-governmental organizations, private individuals, and so forth. In response to another question, Judge Langa said the justices had returned to their countries with an awareness of those principles, which could be implemented "straight away" from the point of view of consciousness, local legislation and problems brought to their courts. What would happen as a result of the agreement was that an informal committee would be formed, and chaired by the Chief Justice of South Africa, with the aim of coordinating jurisprudence with regard to environmental law and sustainable development. Hopefully, that interaction among judges everywhere would perpetuate the spirit of the principles and disseminate them worldwide. To a further question, Judge Chaskalson said that courts were the last resort. The primary actors must be the communities, themselves, protecting and claiming back their own environments. For their part, governments must have the political will to ensure its protection. The legal framework was in place to hold accountable those who did not comply, but change would occur not as a result of one or two court decisions, but of attitudes within the community and the political will and political action of governments. At the same time, access to the courts was crucial and should be made easier. Press Conferences Summit News