CONFERENCE REPORT
The Fourth ASEAN Environmental Law Conference was held at the Sindhorn Midtown Hotel in Bangkok from the 31st of July until the 2nd of August 2024. These events were brought together in a hybrid format with over 150 participants. The Conference included 10 sessions and a roundtable discussion, with 42 speakers, moderators, and 120 in-person participants from 12 countries. The Conference is organized by the Asian Research Institute for Environmental Law, Environmental Law Alliance Worldwide – ELAW, Thaddeus Martin, and USAID – US Agency for International Development and supported by ASEAN Youth Forum, Indonesian Center for Environmental Law, Asia Pacific Network of Environment Defenders – APNED, Community Resource Centre Foundation, Greenpeace Southeast Asia, Child Rights Coalition Asia, LAWASIA, Vermont Law and Graduate School, Oceana Philippines, SEI – Stockholm Environment Institute, Alternative Law Groups, ALSA CHULALONGKORN, and Youths United For Earth. The three-day conference brought together experts and stakeholders to join in the conference with the theme “Using Law to Protect Environmental Rights in ASEAN”.
Day 1, July 31
Rocky Guzman, Deputy Director of the Asian Research Institute for Environmental Law (ARIEL), officially opened and welcomed the guests and speakers of the Fourth ASEAN Environmental Law Conference. Genee Mislang, Attorney of Environmental Law Alliance Worldwide (ELAW), introduced ELAW and explained how its alliance works in Southeast Asia. Matthew Baird, Director of ARIEL provided the background since the first ASEAN Environmental Law Conference, overview, and agenda for the three-day sessions. The three speakers highlighted the conference’s focus on upholding environmental rights in the region, especially with the ongoing process of the ASEAN Environmental Rights Declaration.
Astrid Puentes-Riano, UN Special Rapporteur for Human Rights and Environment, joined virtually to deliver her keynote address. Astrid said, “States have an obligation to guarantee safe civic spaces for all of those working to protect the environment and climate change and also to make sure that these civic spaces are free from stigmatization, intimidation, criminalization, and any kind of violence.” She also emphasized that “Access to justice and effective remedy is key for protecting the right to a healthy environment, and this includes making sure that there is effective justice including measures and processes that are simple, affordable, accessible and timely. That there is accountability of both states and businesses, and those responsible for lacking compliance with environmental, human rights, and climate laws should be held accountable.”
Roberto “Ka Dodoy” Ballon from the Association of Small Fisherfolk of Concepcion was the second keynote speaker. He was a 2021 Ramon Magsaysay Awardee for his environmentalism. Ka Dodoy shared his community’s stories in Zamboanga Sibugay in the Philippines. He reflected that his community carries the burden of over-exploitation and mismanagement because of poor implementation of environmental laws and policies. Regardless of these challenges, the fisherfolk association initiated coastal resource management activities, mangrove restoration, enterprise and livelihood, and youths as community educators for sustainable environment and natural resources. Ka Dodoy said “If we’re not empowered, our community will know the existing laws, fisheries laws, to protect our rights, our efforts and our community. Women and children are always involved in the journey of our community; that’s the very important part that we’ve done.”
Session 1: Environmental Rights in ASEAN
Rocky Guzman; Lia Mai Torres, Secretariat of Asia Pacific Network of Environment Defenders; Prilia Kartika, Researcher of Indonesia Center for Environmental Law (ICEL); and Max Han, Co-founder of Youths United for Earth represent some of the civil society organizations which have been part of the technical working group of the draft ASEAN Environmental Rights Declaration. The speakers discussed the background, the challenges, and future action points in developing the draft declaration. The session was moderated by William Schulte, Attorney of ELAW.
Session 2: Procedural Environmental Rights
The session explored the various experiences across the region on procedural environmental rights, particularly about transparency and access to information. Sem Vuthy, Campaign Coordinator of EarthRights International, discussed Public Participation and EIA in Cambodia; Gloria Estenzo Ramos, Vice President of Oceana Philippines International, discussed Access to Information and Ocean Transparency, emphasizing the Philippine context and experience; Amarin Saichan, Lawyer and Assistant Coordinator of EnLaw Thai Foundation discussed Access to Information on the Pollution Release and Transfer Register (PRTR) Act of Thailand and its importance and challenges; and Debby Thalita, Researcher of ICEL, presented Transparency in the Energy Sector in Indonesia, including challenges, issues and lessons learned. Matthew Baird, Director, ARIEL, moderated the session.
Session 3: Risks Faced by Environmental Human Rights Defenders (EHRDs)
Issues related to EHRDs were discussed in this session by Lia Mai Torres; Sor Rattanamanee Polkla, Executive Coordinator of Community Resources Centre Foundation (CRC); and Chandara Moeu, Head of Youth Organizing and Empowerment Unit of Cambodian Youth Network; with a brief presentation by Marsya Handayani, Lawyer and Researcher of ICEL. The speakers shared trends observed, challenges experienced, and mechanisms employed to address the risks faced by EHRDs in a region where they are most vulnerable. Genee Mislang, Attorney of ELAW, moderated the session.
Day 1 ended with welcome drinks and networking among the attendees.
Day 2, August 1
Session 4: Inclusive Environmental Governance
The first session of Day 2 tackled issues of groups particularly vulnerable to the climate crisis, including children, youth, LGBTQIA+, women and indigenous peoples, among others. Prilia Kartika, Researcher at ICEL, discussed gender equity through EIA Gender Impact Assessment Tool; Itsaraporn Daoram, Child Rights Coalition Asia, discussed the child rights crisis amidst the environmental and climate crisis; Kyn Mallorca, Member, Regional Executive Body ASEAN Youth Forum, discussed the voices and narratives of Youth and LGBTIA + People; and Ryan Roset, Senior Legal Fellow, Legal Rights and Natural Resources Center-Friends of the Earth Philippines, discussed the struggle for governance of Indigenous Peoples in the Philippine context. Sheila Formento, Alternative Law Groups, moderated the session.
Parallel Session 1.A: Oceans and Marine Environment
In the parallel session on oceans and marine environment, the speakers explored their relevant experiences tackling issues about fisheries in the region. Gloria Estenzo Ramos, Vice President, Oceana Philippines International, discussed the state of Philippine fisheries and how critical collaboration with key decision-makers could contribute to addressing issues. Stephanie Juwana, Program Director, Indonesia Ocean Justice Initiative, provided an overview of the enforcement approaches implemented on crimes associated with the fisheries sector. Dominic Thomson, Regional Director – Southeast Asia, Environmental Justice Foundation, shared the context on illegal, unreported and regulated fishing in Thailand, including reforms undertaken. Jeli Santos of ARIEL moderated the session.
Parallel Session 1.B: Air Pollution
This parallel session tackled air pollution and how strategic litigation is used in the region to advocate for the right to clean air. Matthew Baird, Director of ARIEL; Watchalawalee Kumboonreung, Lawyer at EnLaw Thai Foundation; and Abdul Ghofar, Pollution and urban justice campaign manager at The Indonesian Forum for Environment (WALHI), provided case studies that showed how litigation serves an essential tool in advocacy to improve air quality. Rocky Guzman, ARIEL, moderated the session.
Parallel Session 1.C Wildlife and Biodiversity
In this parallel session, the speakers shared experiences on the management of wildlife and biodiversity in specific areas. Rob Parry-Jones, Head of Wildlife Crime Programme, WWF International, talked about wildlife crime and the right to a healthy environment. Ronely Bisquera-Sheen, Managing Lawyer, Tanggol Kalikasan, discussed the importance of constituency building in the West Philippine Sea. Nuthamon Kongcharoen, Dean, Faculty of Law, Chiang Mai University, provided Thailand case studies of management for sustainability. Patti Moore, Biodiversity Law Expert, discussed the Global Wildlife Program. Ryan Roset, Legal Rights and Natural Resources Center moderated the session.
Day 2 ended with consultative sessions on upholding procedural and environmental rights, specifically on access to information and public participation or environmental impact assessment, access to justice, enabling environment and environmental and human rights defenders, pollution, biodiversity, and climate change.
Day 3, August 2
Session 5: Global and Regional Developments in Environmental Law
The session tackled current experiences, opportunities, and trends of environmental law in the global and regional levels. Nicole Ann Ponce, Asian Front Convener & Global Steering Committee, World’s Youth for Climate Justice, discussed Global Developments in Climate Litigation, including the cases for Advisory Opinions before international tribunals. For China, Jinmei Liu, Director General of Friends of Nature China, discussed the state of environmental public interest litigation and its challenges. Grizelda Mayo-Anda, Executive Director, Environmental Legal Assistance Center, provided an overview and updates on environmental litigation in the Philippines. William Schulte of ELAW moderated the session.
Roundtable: Tools and Approaches to Support the Prosecution of Wildlife Crimes
The roundtable speakers provided insights based on their experiences in the wildlife sector, from its growth and improvement in practices and technology to challenges and recommendations. Michael Brocklehurst, Consultant, Institute for Legal Support and Technical Assistance; Jedsada Taweekan, Regional Illegal Wildlife Trade Program Manager, WWF Greater Mekong Program; Nor Arlina Amirah Ahmad Ghani (Ann), Co-founder, Justice for Wildlife Malaysia; and Rejani Kunjappan, Senior Program Officer, Training and Learning, Regional Community Forestry Training Center for Asia and the Pacific (RECOFTC) provided valuable insights. Sulma Warne, USAID End Wildlife Crime, moderated the roundtable discussion. This roundtable was supported by the USAID End WIldlife Crime project.
Parallel Session 2.A Plastics and Toxics
The parallel session featured discussions on strategic litigation targeting plastics and the Global Plastics Treaty. Dharmesh Shah, Senior Campaigner, Center for International Environmental Law, and Punyathorn Jeungsmarn, Plastics Campaign Researcher, Environmental Justice Foundation (EJF), provided updates and insights on the Global Plastics Treaty. Zelda Soriano, Executive Director, Community Legal Help and Public Interest Interest Centre, and Boy Jerry Even Sembiring , Regional Executive Director, WALHI Riau, shared plastic litigation cases filed in the Philippines and Indonesia, respectively. Coleen Salamat, ARIEL, moderated the session.
Parallel Session 2.B Climate Justice
In the parallel session for climate justice, Kristine Joy Argallon, Legal and Policy Officer, Philippine Earth Justice Center; Nicole Ann Ponce, Asian Front Convener & Global Steering Committee, World’s Youth for Climate Justice; and Fithriyyah Iskandar, Member, Regional Executive Body ASEAN Youth Forum, provided insights into securing climate justice to protect the future. The session was moderated by Max Han, Co-founder, Youths United for Earth.
Closing Session
The Conference concluded with a session on the recommendations and closing remarks and gratitude-delete from the organizers. Matthew Baird facilitated and provided the summary of action items from the discussions. The closing session started with Bella Nathania, Acting Deputy Director of Program Development of the ICEL, who reiterated their support for future Conferences. William Schulte also provided short welcoming remarks on behalf of ELAW. Rocky Guzman of ARIEL formally closed the Conference and emphasized the importance of continuing to bring together civil society organizations and stakeholders to uphold environmental rights in the region.
The organizers extended heartfelt gratitude to all our partners, resource persons, moderators, and participants for their continuing support not just of the Conference but also of our shared work in upholding environmental rights in the ASEAN region and beyond.
