A Healthy Regard for Environmental Justice - Speech by UNEP Executive Director at the 1st World Environmental Law Congress

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UNEP Executive Director Achim Steiner gave a speech at the first Wolrd Environmental Law Congress which took place on 27 April 2016 in Rio de Janeiro, Brasil.

A growing number of court cases, international instruments and over a hundred national constitutions now refer to the right to a healthy environment. Mr Steiner stated that the “Congress, therefore, makes a vital and timely contribution by framing some of the innovative legal strategies and solutions that can critically assess the role of the law in addressing planetary challenges, systematically eliminate substantive and procedural gaps in the law and rapidly strengthen compliance with and enforcement of the environmental rule of law.”

For more information on the conference, click here.

Blow you find Mr Steiner’s full speech.

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“Ladies and gentlemen,

I would like to thank the Brazilian judiciary for hosting the International Union for Conservation of Nature's first World Environmental Law Congress, which UNEP is proud to be a part of.

Four years ago, at the World Congress on Justice, Governance and Law for Environmental Sustainability at Rio+20 I said that our destruction of free natural services was driving us towards less productivity, with higher ecologic, economic and social costs; that addressing such sustainability challenges is closely linked with the work of Chief Justices, Attorney Generals, Prosecutor Generals and Auditors-General and that I looked forward to a time when the skills, knowledge and authority of this entire community would come into their own.

Ladies and gentlemen, that time is now.

Because the 2030 Agenda for Sustainable Development and the Paris Agreement on Climate Change are critical turning points in this age of the Anthropocene.

They combine an incredible array of diverse, yet integrated issues, which can deliver a better future for both developed and developing nations if - and only if - their foundations are rooted in strong governance and the rule of law.

At the first United Nations Environment Assembly (UNEA), we raised the importance of the rule of law to environmental and social sustainability, the promotion of dialogue and stronger partnerships and continued support to member states.

At the second UNEA, which takes place in just a few weeks, our job is to turn bold ambition into tangible action, which will ensure a healthy planet, with healthy people - that leaves no one behind: something that is only possible with a healthy environmental justice system running through it all.

This Congress, therefore, makes a vital and timely contribution by framing some of the innovative legal strategies and solutions that can critically assess the role of the law in addressing planetary challenges, systematically eliminate substantive and procedural gaps in the law and rapidly strengthen compliance with and enforcement of the environmental rule of law.

The resulting draft Declaration on Environmental Rule of Law will strengthen both UNEA and the Montevideo Programme, which I know you have also considered here following the recent mid-term review of progress, shortcomings, emerging issues and priority areas for action.

By helping countries to formulate and update legislation, they will be better able to comply with their obligations under multilateral environmental agreements, which will benefit people everywhere.

The current 10 year framework already includes promoting progressive development of international environment law, High Seas Governance, Human Rights, legal instruments and policies to protect freshwater and innovative tools to support the implementation and enforcement of targets.

That's a good start and it's just one of many efforts. In fact a growing number of court cases, international instruments and over a hundred national constitutions now refer to the right to a healthy environment.

This is an important step towards more robust constitutions, with a more coherent approach to environmental rights and human rights. However, there are still some huge hurdles to implementation and compliance. In particular when it comes to the enforcement of legal rights and obligations, which is crucial for the attainment of environmental sustainability.

UNEP is taking some clear actions to tackle this. For example, we are working with judges, prosecutors, auditors, government and non-governmental organizations on sharing knowledge that will help to develop, adjudicate and enforce environmental law. This includes the many partner organizations of UNEP here in Rio today and the many others who have been supporting regional dialogues among Asia-Pacific, Africa and Latin America and the Caribbean.

This is all very laudable and I would like to thank all of the partners who have given us their time and support to get this far.But there is much more to be done, so let me offer a few suggestions.

First, we need to establish a universally accepted mechanism for measuring the environmental rule of law, which is complex, technical and essential. It requires careful reflection on rights and responsibilities, particularly when raising political sensitivities by expecting governments and institutions to open themselves up to external scrutiny, while raising the rights of all stakeholders. However, the time is ripe to start measuring through policy outcomes rather than focusing purely on the legal and institutional framework. That is why UNEP's first Global Environmental Rule of Law Report will be published later this year, highlighting different national approaches to improving policy outcomes, including strengthening institutions.

Second, we need to expand and promote the links between human rights and the environment: because clean air, water or protecting natural heritage beyond one generation will have to become more of a right. UNEP supports the Office of the High Commissioner for Human Rights and the Special Rapporteur on Human Rights and the Environment and next month's UNEA2 will examine how environmental quality affects human health and well-being; why we increasingly need to move to a more rights based approach, backed by the force of law, to safeguard health and well-being. But we need to build on this - something we'll be doing with the upcoming launch a compendium of best practice connecting human rights obligations with stronger, better informed environmental policymaking.

And third, we need to establish a coherent approach, with global consensus on the core principles that will promote justice. Your deliberations on establishing a Global Judicial Institute for the environment are a welcome step and I hope that such an Institute can also serve as a clearing house to ensure greater harmonization of the interventions and technical support from stakeholders.

However, the outcome of all of this depends on our ability to vigorously mobilize resources and establish strategic partnerships that keep us sensitive and responsive to evolving issues that could hinder progress.

Today, exponentially speeding up development leaves global governance increasingly out of sync with the real world. We are still too busy scrambling to find solutions - fixing ad-hoc issues as they arise. If we continue down this path we will see democracies legislate to ban people from their car one day because of lead levels or from using of the air-conditioning the next because of any one of a dozen different substances.

The incredible pace of evolution in markets, in technology and in the environment has brought dramatic changes to our daily lives, but not to the legislative tools that govern them.We need to end this constant cycle of catch-up - of working towards one convention - one agreement - one after the other.

Instead, we need to move into a much more systemic approach, where the legislature, judiciaries and the private sector have an integral role in helping policy makers to understand how we can transition to an inclusive green economy and govern ourselves more intelligently for the real world.

Only then can the environmental rule of law play a full and meaningful role as the backbone of the transformative 2030 Agenda and the Paris Agreement.

I am an optimist by nature, but if we fail to make the transition to a more dynamic approach that grasps real world governance and accountability, then by 2050, when the population reaches 9 billion, more than 40 per cent of those people will be living in water stressed areas, while small islands states disappear from the map; the emergence of zoonotic diseases, like zika or avian flu, will be far too regular an occurrence; and the humanitarian, security and logistical issues created by 60 million migrants today, will seem small by comparison.

UNEP will continue supporting member states, but this first World Environmental Law Congress is an important early milestone in that journey to accelerate and expand the scope of our response.

In my 10 years at the helm of UNEP, I have been privileged to witness the growing number of countries, companies and individual men, women and children willing to seek new, better ways of doing things. Which is why the issue of a real world governance has been close to my heart for some time and why, as my tenure comes to an end, I am proud to have been part of this inaugural Congress.

It brings renewed vitality to the discourse on environmental rule of law and sends me towards to UNEA with high hopes and deep humility.

Knowing such a personally and professionally committed community is determined to enhance environmental jurisprudence for the sake of human well-being, gives me a very personal determination to support the progressive development and application of the principles of environmental rule of law.

Thank you.”