We, the Chief Justices, Heads
of Jurisdiction, Attorneys General, Auditors General, Chief Prosecutors,
and other high-ranking representatives of the judicial, legal and
auditing professions gathered here in Rio de Janeiro, Brazil, from 17 to
20 June 2012 for the World Congress on Justice, Governance and Law for
Environmental Sustainability, challenges.
Expressing our concern for the continuing and
unprecedented degradation of the natural environment, which adversely
affects the achievement of the goal of sustainable development and
therefore the prosperity of present and future generations,
Noting
the observations recorded in the Global Environmental Outlook 5
concerning the extent of environmental degradation in each of the world
regions;
Recalling the principles enshrined in the 1972
Stockholm Declaration on the Human Environment, and in the 1992 Rio
Declaration on Environment and Development, and Agenda 21,
Recognizing
the important contribution made by the legal and auditing community
worldwide to the enforcement of standards and safeguards for
environmental sustainability, and noting that the Judiciary in
particular, has been the guarantor of the rule of law in the field of
the environment worldwide and that judicial independence is
indispensable for the dispensation of environmental justice,
Recalling
the importance of the first Global Judges Symposium convened by the
United Nations Environment Programme (UNEP) in 2002, in conjunction with
the World Summit on Sustainable Development in Johannesburg, South
Africa, and noting that since then, the importance of the Judiciary in
environmental matters has further increased and resulted in a rich
corpus of decisions, as well as in the creation of a considerable number
of specialized courts and green benches, and a lasting effect on
improving social justice, environmental governance and the further
development of environmental law, especially in developing countries,
Emphasizing the importance of societies based on the rule of law and standards of transparency and accountability,
Affirming
the Kuala Lumpur and the Buenos Aires statements from the two
preparatory meetings for this Congress attended by Chief Justices, Heads
of Jurisdiction, Attorneys General, Auditors General and other
high-ranking representatives of the legal and auditing professions for
this Congress, held in Kuala Lumpur, Malaysia, on 12 and 13 October
2011, and Buenos Aires, Argentina, on 23 and 24 April 2012,
respectively,
Mindful of the historic opportunity for the legal
and auditing communities to express themselves on advancing justice,
governance and law for environmental sustainability provided by the
proximity of the World Congress with the 2012 United Nations Conference
on Sustainable Development 2012 (Rio+20),
Appreciating the
important role played by United Nations Environmental Programme and its
partner organizations and co-hosts in the convening of this Congress,
Declare that:
I. Messages to Heads of State and Government, other highlevel representatives, and the world community at large
Without
adherence to the rule of law, without open, just and dependable legal
orders the outcomes of Rio+20 will remain unimplemented.
An
independent judiciary and judicial process are vital for the
implementation, development and enforcement of environmental law, and
members of the judiciary, as well as those contributing to the judicial
process at the national, regional and global levels, are crucial
partners for promoting compliance with, and the implementation and
enforcement of, international and national environmental law.
Environmental
law is essential for the protection of natural resources and ecosystems
and reflects our best hope for the future of our planet.
Environmental
litigation often transcends national jurisdictions. We need more
effective national and international dispute settlement systems for
resolving conflicts.
Environmental sustainability cannot be achieved without good quality data, monitoring, auditing and accounting for performance.
Environmental
and sustainability auditing ensures transparency, access to
information, accountability, and efficient use of public finances, while
protecting the environment for future generations.
Judges,
public prosecutors and auditors have the responsibility to emphasize the
necessity of law to achieve sustainable development and can help make
institutions effective.
Scientific information and knowledge
constitute a central foundation of effective compliance with and
enforcement of environmental obligations.
States should cooperate
to build and support the capacity of courts and tribunals as well as
prosecutors, auditors and other related stakeholders at the national,
sub-regional and regional levels to implement environmental law, and to
facilitate exchanges of best practices in order to achieve environmental
sustainability by encouraging relevant institutions, such as judicial
institutes, to provide continuing education.
Existing
international governance institutions to protect the global environment
should be strengthened. We must create modern institutional structures
capable of building networks and improved sharing of decision- making.
There is an urgent need to give consideration to transforming United
Nations Environmental Programme to effectively lead and advance the
global policy and law-making agenda for the environment within the
framework of sustainable development.
II. Principles for the Advancement of Justice, Governance and Law for Environmental Sustainability
Meeting
environmental objectives is part of a dynamic and integrated process in
which economic, social and environmental objectives are closely
intertwined.
We recognize that environmental laws and policies adopted to achieve those objectives should be non- regressive.
Environmental
sustainability can only be achieved in the context of fair, effective
and transparent national governance arrangements and the rule of law,
predicated on:
(a) Fair, clear and implementable environmental laws;
(b)
Public participation in decision-making, and access to justice and
information, in accordance with Principle 10 of the Rio Declaration,
including exploring the potential value of borrowing provisions from the
Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters (Aarhus
Convention) in this regard;
(c) Accountability and integrity of
institutions and decision makers, including through the active
engagement of environmental auditing and enforcement institutions;
(d) Clear and coordinated mandates and roles;
(e)
Accessible, fair, impartial, timely and responsive dispute resolution
mechanisms, including developing specialized expertise in environmental
adjudication, and innovative environmental procedures and remedies;
(f) Recognition of the relationship between human rights and the environment; and
(g) Specific criteria for the interpretation of environmental law.
Environmental
sustainability can only be achieved if there exist effective legal
regimes, coupled with effective implementation and accessible legal
procedures, including with regard to locus standi and collective access
to justice, and a supporting legal and institutional framework and
applicable principles from all world legal traditions.
Justice,
including participatory decision-making and the protection of vulnerable
groups from disproportionate negative environmental impacts must be
seen as an intrinsic element of environmental sustainability.
Only
through the active engagement of all parts of society, especially
national and sub-national institutions and officials responsible for
addressing justice, governance and law issues, including judges,
prosecutors, auditing institutions and other key functionaries, can
meaningful progress be achieved that is sustained and responsive to the
needs of the peoples of the world and protective of human rights.
III.
Institutional Framework for the Advancement of Justice, Governance and
Law for Environmental Sustainability in the twenty-first century
With
the leadership of the United Nations Environment Programme, an
international institutional network should be established, with the
engagement of the World Congress partners and other relevant
organizations, and under the guidance of selected Chief Justices, Heads
of Jurisdiction, Attorneys General, Chief Prosecutors, Auditors General,
eminent legal scholars and other eminent members of the law and
enforcement community.
This international institutional network may promote the achievement of:
(a)
Continued engagement of Chief Justices, Attorneys General, Heads of
Jurisdiction, Chief Prosecutors and Auditors General, the institutions
they represent and other components of the legal and enforcement chain,
including through networks at the international and regional levels;
(b) Quality information and data exchange and discussion among the legal and auditing communities at large;
(c)
Continued development and implementation of environmental law at all
levels, and encouragement of the further expansion of environmental
jurisprudence;
(d) Improved education, capacity building, technology
transfer and technical assistance, including with the aim of
strengthening effective national environmental governance; and
(f) Adequate engagement by respective national governments for the set objectives.
The
United Nations Environment Programme may contribute to ensuring
necessary funding for capacity building and information exchange for
strengthened capacities.