PHOTOS: Independent judges crucial in delivering environmental justice, experts say

Amid the growing impact of climate change, the role of independent and experienced judges in promoting and delivering environmental justice is becoming increasingly critical, experts say. According to the United Nations Environment Programme (UNEP), climate litigation has surged globally, with cases more than doubling in just five years, from 784 in 2017 to 2,180 in 2022. ALSO READ: Environmental justice key to a sustainable future – Kagame A 2023 UNEP report highlights the courts' growing involvement in addressing human rights issues related to climate change. New legal claims are emerging, focusing on breaches of net-zero commitments, environmental impact assessments, advertising regulations, and obligations under the Paris Agreement. Experts agree that the world is facing three intertwined environmental crises: climate change, biodiversity loss, and pollution. At the Commonwealth Magistrates and Judges Association (CMJA) conference, which began on September 9, CMJA President Chief Justice Lynne Leitch emphasized that the human right to a healthy environment is gaining importance, and courts play an essential role in delivering environmental justice. Leitch pointed out that climate litigation is becoming a powerful tool in advancing environmental justice, setting legal precedents to drive stronger climate action from both public institutions and corporations. “This growing focus on environmental justice is enhancing protections for vulnerable groups and increasing accountability and transparency. It is compelling governments and corporations to adopt more ambitious climate mitigation and adaptation measures,” Leitch said. “What could be more important than protecting the world we live in?” President Paul Kagame echoed these sentiments in his address, stressing the need for robust environmental laws and policies to ensure a cleaner, more sustainable future. “Equally important is having a strong, independent judiciary to enforce the law and prioritise the needs of our people,” Kagame said. “Today, global greenhouse gas emissions disproportionately affect Africa and small island developing states. But no country can afford to be complacent. Temperatures are rising at an unprecedented rate, and air quality is deteriorating, putting everyone at risk.” Themed Environmental Justice, the five-day CMJA conference has attracted 317 judicial professionals from 44 Commonwealth jurisdictions. The event aims to strengthen judicial independence, enhance legal education, and improve the administration of justice across the Commonwealth. Chief Justice Leitch emphasised that judicial independence is the bedrock of democracy, crucial for maintaining the rule of law. “Only when the law is interpreted by an independent judiciary, with a clear vision and sensitivity to societal values, can citizens’ rights and freedoms be truly safeguarded.” Chief Justice Faustin Ntezilyayo highlighted the unique responsibility of judicial officers in advancing justice in areas where the world faces critical challenges, such as climate change, biodiversity loss, pollution, and unsustainable resource use. “The conference provides a platform to deepen our collective understanding of judicial independence, which is central to our work. It also enables us to explore how different Commonwealth jurisdictions can address shared global challenges,” Ntezilyayo said. According to the United Nations Development Programme (UNDP), environmental justice is defined as the pursuit of accountability in environmental matters. It emphasises the respect, protection, and fulfilment of environmental rights, while promoting the environmental rule of law.

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PHOTOS: Independent judges crucial in delivering environmental justice, experts say