Consistency vital in application of laws - President Rajapaksa
Today, far too many instances of the deliberate, even arrogant
violation of fundamental principle of justice and the rule of law by
some agencies within and outside the United Nations. This situation also
impacts on matters relating to environment and sustainable development,
especially in the areas of climate change and sustainable use of natural
resources, President Mahinda Rajapaksa told the Third South Asian Chief
Justices Roundtable on Environmental Justice, jointly hosted by Sri
Lanka and the Asian Development Bank at the Central Bank Auditorium on
Friday.
President Rajapaksa who was the chief guest said, “The consequence of
such unjust and unfair actions can only be the absolute negation of
Justice and the Rule of Law, and complete loss of faith and trust in the
international system of justice. This has to be avoided in the interest
of international peace, security and friendly relations among states.”
Rule of law
“Your conference provides a timely opportunity to deliberate on these
matters and set up a mechanism to establish generally acceptable rules
to compel consistency and evenness in the application of international
and national laws, and norms. Justice and the Rule of Law, demand no
less,” he said.
President Rajapaksa said that the country has now marched forward
with an economic and social development program founded on the
principles of sustainable development on a scale and spread, never seen
in the history of the country in modern times.
“Highways, including the one that brought you to Colombo from the
airport, roads, bridges, railroads, an international airport at Mattala
in the deep south and a new Port in Magampura in close proximity to one
of the busiest international shipping lanes of the world, have
dramatically increased international and national mobility, which is
essential to usher in a better future for all our people,” he said.
“...another very fundamental principle of equal importance is that
there must be consistency and evenness in the application of
international and national laws.
“This means that there cannot be, and must never be, double standards
in the application and interpretation of laws by Courts and
international organisations,” the President said.
The full text of the speech:
“I am very pleased to welcome you all to Sri Lanka for the Third
South Asian Chief Justices Roundtable on Environmental Justice, jointly
hosted by Sri Lanka and the Asian Development Bank.
I extend to the Asian Development Bank my sincere appreciation for
taking the lead in facilitating judiciaries in South Asia to actively
engage in promoting Environmental Justice and Sustainable Green
Development in Asia, through the series of Judicial Roundtables that
they are helping to organise in several Asian countries.
“The theme of your Conference is Environmental Justice for
Sustainable Green Development. The environment touches almost every
aspect of life, of all people. It is an essential part of the heritage
of mankind. The judiciary plays a decisive role in establishing a
delicate balance between competing interests of the three dimensions of
sustainable development, namely, environment, development and social
progress.
Double standards
Environmental Justice, which includes environmental rule of law, is
the other aspect of your deliberations here. This is of fundamental
importance to all countries.
This notion comprises a complex, inter-linked bundle of fundamental
ideas and principles including, equality before the law, access to legal
process, accountability, transparency, equity, fairness and justice.
“It also includes another very fundamental principle of equal
importance. That is, that there must be consistency and evenness in the
application of international and national laws.
This means that there cannot be, and must never be, double standards
in the application and interpretation of laws by Courts and
international organisations.
It is a matter of grave concern and much regret that we are
witnessing today far too many instances of the deliberate - even
arrogant - violation of this fundamental principle of justice and the
rule of law by some agencies within and outside the United Nations.
“This situation also can be seen to impact on matters relating to
environment and sustainable development, especially in the areas of
climate change and sustainable use of natural resources.
“The consequence of such unjust and unfair actions can only be the
absolute negation of Justice and the Rule of Law , and complete loss of
faith and trust in the international system of justice.
This has to be avoided in the interest of international peace,
security and friendly relations among states. Your Conference provides a
timely opportunity to deliberate on these matters and set up a mechanism
to establish generally acceptable rules to compel consistency and
evenness in the application of international and national laws, and
norms. Justice and the Rule of Law, demand no less, dear friends.
Stability
“Protecting the environment for present and future generations is an
obligation shared by all governments whether big or small, rich or poor.
Of equal importance is the obligation of governments especially in
developing countries like Sri Lanka to enhance the quality and standards
of living of the vast majority of our people.
This is crucial for securing the stability and sustainability of
social and political institutions throughout the world.
This is now universally recognized and enshrined in the legal
principle, “Common but differentiated responsibility”.
It is self-evident that there cannot be sustainable development,
without due regard to the environment. Equally true is that there will
not be an environment to protect and preserve, for future generations,
if there is no economic and social development, and people continue to
suffer in poverty and misery.
“Judges at national level too have to grapple with these complex and
multi-faceted challenges of environmental rule of law on a daily basis
in their respective courts. Yet, we know very well that very few of
them, if any, have had Environmental Law as a part of their curriculum,
in their formal legal education. As you know, a rapidly growing body of
jurisprudence has been developed in the last two or three decades,
around the area of environmental rule of law.
Financial support
“This has made it necessary, for judges and others engaged in the
making and enforcement of laws, to be familiar with emerging legal
concepts and principles, and the terminology concerning the environment,
ecology and related scientific disciplines. “In addition, they need to
have a thorough understanding of the precise legal meanings that these
terms have acquired through their use of multi-lateral environmental
agreements, statutes, regulations and judicial decisions.
“It is in this context that judges throughout the world have
acknowledged at global and regional judicial conferences, the urgent
need for measures to strengthen the capacity of judicial officers on
this relatively new body of environmental law, interpreted within the
broader framework of sustainable development, and the rule of law.
“There appears to be an urgent need to accelerate progress in
strengthening judicial knowledge and competence in environmental rule of
law, in the SAARC region. As a contribution from Sri Lanka towards this
noble endeavour,
I shall be happy, if you so decide, to provide start-up institutional
and financial support to establish a small but efficient entity in the
Office of the Chief Justice of Sri Lanka to work with UNEP and ADB and
other competent organisations, to initiate and coordinate judicial
capacity building activities within the SAARC region, in this subject
area of Environmental Justice and Rule of Law.
Human shield
“I should also like to take this opportunity to remind you that your
conference is being held in this excellent Conference Hall which itself
is, to us, a sad reminder of the horrible agony and destruction of a war
that engulfed our nation for some thirty years.
"This building and its state-of-the art conference facilities have
come up from the ashes of the Central Bank Building which was destroyed
by LTTE suicide bombers in January 1996, killing about 91 innocent
civilians and seriously injuring over one thousand four hundred others.
"You can see for yourself, how the country and its people of all
faiths and ethnic origins live in peace and harmony today.
"The war against terrorism ended just five years ago.
"That is when the Sri Lankan armed forces, overcame the resistance of
the terrorist leadership, while saving the lives of nearly three hundred
thousand innocent men, women and children, held as a human shield by the
terrorists in a last-ditch stand to save themselves.
"Since then, the country has marched forward with an economic and
social development program founded on the principles of sustainable
development on a scale and spread, never seen in the history of our
country in modern times. Highways, including the one that brought you to
Colombo from the airport, roads, bridges, rail roads, an international
airport at Mattala in the deep south and a new Port in Magampura in
close proximity, to one of the busiest international shipping lanes of
the world, have dramatically increased international and national
mobility, which is essential to usher in a better future for all our
people. "Those of you, who have visited Colombo before, will now see the
new face of Colombo, signalling a wave of sustainable urban development
across the country.
"I sincerely hope that all of you will have the opportunity to travel
within and outside Colombo and see for yourself the nation's economic,
social and environmental progress achieved since the end of the war
against terrorism, five years ago." |