India and the Philippines improve access to Environmental Justice

 In 2010, Partners in The Access Initiative advocated successfully for the creation of special environmental  tribunals and improved rules of procedure.

In India, the National Environmental Appellate Authority (NEAA) of India was an administrative court that hears appeals against project approvals where an Environmental impact Assessment was legally required and which had a longstanding reputation for almost always siding with developers against communities. TAI partners challenged several NEAA decisions before the New Delhi High Court and were victorious. Not only did the Court agree with the criticisms leveled against the NEAA, but TAI’s efforts made it clear that the institution needed far reaching reform.

Independently, the Ministry of Forests and Environment introduced a Green Tribunal Bill in the Indian Congress which sought to abolish the NEAA and establish a green tribunal that would hear environmental disputes throughout the country. Concerned that some clauses would limit the scope of environmental dispute resolution, TAI partners successfully developed a critique of the bill and a nationwide campaign for its reform, resulting in ministerial level meetings and the incorporation of most of TAI’s proposed revisions in the final bill, passed in May 2010.

In the Philippines, the Supreme Court adopted official “procedures for environmental cases” in April 2010 to be used for civil, criminal and special civil actions brought before the country’s regional, metropolitan and municipal trial courts. This guidance has enabled the Philippines newly established network of environmental courts - the most extensive in any country worldwide - to avoid long-winded and expensive cases. The newly established procedures include provisions to simplify trials, make them speedier, and lower their cost, including by awarding fee waivers for the poor. They also enable courts to monitor and ensure enforcement of judgments.

TAI Philippines, a coalition of NGOs led by the Ateneo de Manila School of Government, drafted the groundbreaking “bench book” for the Philippines’ new environmental courts, supported by WRI which provided finance and training support. In an early demonstration of the effect of these new procedures, plaintiffs in 150 separate villages are filing a collective suit to compel the government to plan water use in the face of climate change.

 

Ben Sutherland Flicker - Creative Commons