Osaka University Noriko Okubo

1. Principle 10 andAccess to Justice in ASEAN Countries-Remarkable Developments in Indonesia, Philippines and Thailand Osaka UniversityNoriko Okubo

2. Principle 10 and ASEAN in Asia

3. Recent developments In the late 2000s, access to justice was greatly strengthened. ・Expansion of legal standing ・Various new types of litigation ・Improvement of provisional remedies ・Establishment of environmental courts or specialized green benches

4. Green Access Project Ⅱ ・Variation of measures to implement P10 social/cultural conditions of each country/region ・Important: to make comparative study to share their good practices ・Discuss possibilities for an Asian version of Aarhus Convention ・Promotion of environmental democracy ・Protection of human rights

5. Association of Southeast Asian Nations ・Established in 1967 ・Original member states: Indonesia, Malaysia, Philippines, Singapore and Thailand ・Nowadays: + Brunei, Vietnam, Laos, Myanmar and Cambodia ・Popullation: 620 million ・ “ASEAN Economic Community” (this year)

6. Increasing pressures on natural resources Increasing population + rapid economic growth Various transboundary environmental issues Common interest: to cooperate closely in promoting sustainable development

7. What are hot issues? ・Remarkable developments in environmental law ・Problem: deficient implementation ・Reasons: Lack of detailed regulation Insufficient financial resources Corruption Guarantee of three access rights Environmental rule of law

8. Indonesia Most advanced legal provisionsEDI result: Top in Asia

9. The Law concerning Environmental Protection and Management 1 Environmental right and access rights (Article 65) ‘Everybody shall be entitled to environmental education, information access, participation access and justice access in fulfilling the right to a proper and healthy environment’. 2 Right to lodge a complaint (Article 66) Anybody struggling for the right to a proper and healthy environment may not be charged with a criminal or civil offense.

10. Community-based approach(Article 70, 26) ・ Communities: wide meaning affected communities, environmental activists etc. ・Communities have the equal and broad right and opportunity to participate actively in environmental protection in the form of social control, providing suggestions, opinions, or recommendations, making objections or complaints, or providing reports. ・Involvement of communities should be based on the principle of provision of information transparently and completely.

11. Access to Justice 1 Class action (Article 91) Right of communities to file class actions in their own interests or the public interest in relation to issues of environmental pollution or damage. 2 Right to sue for ENGOs (Article 92) ・Requirements: similar to many Aarhus countries Form: incorporated Purpose: environmental conservation Period of activities: at least two years 3 Right to sue for everyone (Article 93) Relating to incomplete documents for EIA

12. ThailandSpecial status for NGOs

13. 2007 Constitution of Thailandabolished after coup d'état in 2014 ・Various and detailed provisions ・Article 67 Right of PP, right of a community to sue government Any project or activity which may seriously affect a community’s environmental quality is not permitted without EIA/ HIA with a public hearing, and a hearing of an independent organization, including representatives from environmental NGOs.

14. Enhancement and Conservation of National Environmental Quality Act of 1992 Provisions for role of eNGOs Registration system for ENGOs ・NGOs may request of government the various supports for a public relations campaign, environmental research, and providing legal aid to victims of pollution, etc. ・NGOs may nominate private sector representatives for the National Environment Board.

15. Dual court system Supreme Court of Justice ・Environmental division (2011) ・Guidelines for Environmental Litigation (2011) precautionary principle, provisional remedy etc. 2 Supreme Administrative Court ・Environmental division (2011～) ・Recommendation of the President of the Supreme Administrative Court concerning Environmental Issues”(2011) expanding standing, provisional remedy without any application, supplemental judgment for future damages ENGOs can public interest cases to the court

16. Map Ta PhutCaseAdministrative litigation ・Despite the serious air and water pollution involved, the government announced the third development plan, with 76 new projects earmarked for this area (2007). ・Litigation by ENGO and local people sought an injunction ・Supreme Administrative Court issued temporary suspension order for 65 projects (2009). ・Reason: It is unconstitutional to carry out these projects without the EIA and HIA procedures.

17. PhilippinesJudicial activism

18. Southeast Asia 1 Expansion of standing by case law: Oposa case ・The Supreme Court ruled that children might sue to enforce environmental right on behalf of both their generation and future generations (1993). 2 Establishment of Environmental court ・ 117 ordinary courts were designated as environmental courts (2008).

19. ‘Rules of Procedure for Environmental Cases’ (2010) 1 Writ of Kalikasan: Remedy available to a natural person/ NGO on behalf of a person whose constitutional right to a balanced and healthful ecology is violated, by an unlawful act or omission of a public official/private individual 2 Continuing mandamus: Writ issued by court, directing an agency to perform an act decreed by a final judgment, which remains effective until the judgment is fully satisfied. 3 Anti-SLAPP clause 4Temporary Environmental Protection Order

20. Manila Bay case Supreme Court ordered to clean up Manila Bay (S.C. Dec. 18, 2008).

21. Future perspectives

22. Main stream and issues ・Rights-based approach in several countries Stressing community rights Promoting public interest litigation Strengthening capacity building This trend is true for some countries that had only few provisions on P10 in the 90’s (ex. Vietnam) ・Very few changes in some other countries Whether and to what extent the new developments on ASEAN Community will influence further developments on Principle 10?