Environmental Justice: Upholding Human Rights and Accountability

While the impressions of the Regional Conference “When  Law Takes Over” are slowly settling, let’s dive into the highlights of the exciting second day. During the second day, we explored human rights-based approaches in legal cases. Starting with fundamental principles, we transitioned into an in-depth examination of industrial pollution legal cases, emphasizing the significance of inspection surveillance and the importance of criminal responsibility. 

From Vasilka Sancin, Professor of Public International Law, Ana Suarez-Franco, Lawyer from FIAN International, Maja Kostić-Mandić, Professor of International Environmental Law and Mirko Popović, RERI’s Programme Director, we heard more on the importance and implications of Recognition of a Human Right to Clean, Healthy and Sustainable Environment. 

Selin Esen, a Lawyer from ClientEarth, Davit Javakhishvili, a Lawyer from Georgian Young Lawyers’ Association (GYLA) and David Smith from the Irish Environmental Protection Agency, discussed legal ways “Towards Zero Pollution”.  

In a panel on “Monitoring for Compliance: The Role of Inspection Surveillance in Environmental Enforcement”, David Smith joined Administrative Law Professors from the University of Belgrade, Dobrosav Milovanović and Vuk Cucić in a discussion on the role and effectiveness of inspection surveillance for environmental protection Professor of Comparative and International Environmental Law, Michael Faure, Antonio Noguera, Prosecutor of the Coordinating Chamber of the Environment for the State Attorney General’s Office of Spain, a Judge Nedžad Baković and Ljubica Vukčević, a Lawyer from RERI discussed Legal Perspectives on Environmental Criminal Responsibility.

The panels underscored the imperative recognition of everyone’s right to a clean, healthy, and sustainable environment, while also addressing practical implications in environmental legal cases, highlighting the following:

➡ State authorities bear the primary responsibility for implementing national and international regulations. However, the international community also shares a significant level of responsibility and must become more actively engaged in addressing environmental challenges. 

➡ When it comes to bringing industrial pollution and environmental cases to court, there are four primary challenges: finding the applicant, securing an adequate legal remedy, gathering evidence and the weak interest of the state in these proceedings. 

➡ Legal terminology shall be avoided in communication with the public to increase public support and understanding of these cases. Given the potentially lengthy duration of proceedings, ongoing communication with the court, stakeholders, and local communities is vital. Their emotions and experiences should be acknowledged and respected throughout the process.

➡ The training of environmental protection inspectors is crucial for keeping the public informed about polluters’ activities. The “name and shame” practice used in Ireland proved to be extremely effective.

➡ In the region, administrative authorities frequently obstruct representatives of collective interests from exercising their right to a healthy environment in inspection surveillance. They should support public initiatives by allowing these entities to actively participate in inspection surveillance proceedings.

➡ There is a need for more accurate procedures and mechanisms for identifying environmental crimes, such as monitoring and inspection surveillance. However, there are limited capacities on both individual and structural levels, where support from CSOs is necessary. 

➡ State authorities should develop a “toolbox approach” to effectively tackle certain environmental crimes, which needs to be supported by an adequate regulatory framework. The newly adopted EU Environmental Crime Directive introduces new mechanisms and sanctions that should be further explored in the future.