KOTA KINABALU: The legal system must protect the environment and lay the groundwork for long-term growth in Malaysia and within the Commonwealth.
Chief Judge of Sabah and Sarawak (CJSS) Tan Sri Datuk Abdul Rahman Sebli said collaboration between the legal community, government bodies, and non-governmental organisations is paramount in addressing environmental issues.
"We must work together to streamline and strengthen existing environmental laws, ensuring that they are comprehensive, up-to-date, and effectively enforced. This collaboration should extend to educating the public about environmental rights and fostering a sense of responsibility towards our planet.
"We have a duty to champion the cause of environmental conservation both in Malaysia and within the Commonwealth. Our legal system must serve as a bulwark against environmental degradation, providing a solid foundation for sustainable development.
"Let us come together, raise our voices, and actively contribute to a legal landscape that safeguards our environment for future generations. The time to act is now, and our commitment to this cause will shape the environmental legacy within the Commonwealth countries for years to come," he said in his opening address in conjunction with the Borneo Rainforest Law Conference 2024.
The conference was jointly organised by the Sabah Law Society (SLS) and the Commonwealth Lawyers Association (CLA), at Sabah International Convention Centre (SICC) here.
The conference has attracted more than 160 delegates from across 25 Commonwealth jurisdictions and will provide a unique platform to discuss nature-based solutions, the green economy, carbon sovereignty, indigenous rights, the rule of law and environmental indicators for good governance.
Among those present were Deputy Chief Justice of Papua New Guinea, Ambeng Kandakasi; Chief Judge of the Land and Environmental Court in New South Wales, Brian J Preston; President of the Land Court of Queensland Fleur Kingham; former Justice of the Supreme Court of United Kingdom Robert Carnwath; and former CJSS Tan Sri Datuk David Wong Dak Wah.
Abdul Rahman said Commonwealth countries face historical environmental injustices that disproportionately impacted vulnerable communities.
"In addressing the impact of environmental justice on constitutional law within the Commonwealth, we have to find common ground in the pursuit of equitable and inclusive legal frameworks.
"The constitutional commitment to equal protection under the law, prevalent in many Commonwealth constitutions, compels us to address environmental injustices that disproportionately affect marginalised communities. It is a shared acknowledgment that justice must prevail irrespective of one's geographic location within the Commonwealth."
Abdul Rahman said while significant efforts have been made to address environmental issues, it's crucial to recognise that they will only yield results through proper and strategic implementation. Otherwise, they risk being sidelined due to setbacks in policy implementation.
"In the Opening of the Legal Year for Sabah and Sarawak on Jan 19, I emphasised in my speech that while the judiciary plays a crucial role in enforcing environmental laws, its power has limitations. The State Courts of Sabah and Sarawak have made efforts to produce the sentencing guidelines for both wildlife and forest crimes. However, sustainable and long-term solutions are more effectively achieved through legislation and executive measures.
"By convening members of the bar and experts from various fields in this present conference, I am confident that we can formulate resolutions that will enhance cooperation among all stakeholders in protecting the environment and human rights."