The Malaysian Bar - 2011/2012 Environment and Climate Change Committee Interim Report

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2011/2012 Environment and Climate Change Committee Interim Report

Tuesday, 20 December 2011 10:25am

The Bar Council Environment and Climate Change Committee (“ECC”), established earlier this year, is co-chaired by Roger Chan Weng Keng and Chew Swee Yoke for this term. ECC is charged with the responsibility to:

(1) deal with the many pressing issues in matters pertaining to environmental issues, climate change and public health; and
(2) ensure that public interests are protected and safeguarded at all times.

Climate change has been a major challenge in the geo-political landscape in recent years, in terms of potentially explosive problems brought about by development lacking in the sustainability component. Major areas of human conflict can be traced back to wanton destruction of ecosystems that threatens the very survival of our species now and in the future, not to mention the global warming that we are experiencing once we step out of our air-conditioned offices. Against this backdrop, ECC is taking on review of various laws and legislation to look into their effectiveness in tackling climate change issues. ECC is also studying, and looking into, crimes of “Ecocide”, an environmental concept recently introduced for consideration in the United Nations to be given equal treatment and recognition as crime against humanity, genocide and international war crimes.

Another of ECC’s priority is to push for the introduction of environmental legal doctrines into Malaysian courts, such as inter-generational responsibility and environmental justice, which counters the usual device of legal personality and capacity, and is a way to safeguard the future of our progeny.

On 16 July 2011, members of ECC met with the Gebeng, Kuantan residents on the Lynas issue following an outcry and opposition from the Malaysian public against the construction of the Lynas Advanced Material Plant (“LAMP”) in Malaysia. The radioactive waste management problem as a fallout of the operation of LAMP has far-reaching environmental and public health implications, going by previous yardstick of what happened at Bukit Merah and a clean-up effort which will see centuries before the place is environmentally restored. Concomitant with this are issues of radioactive waste dumping across international borders and the minimal treatment given by our authorities and enforcement agencies on the right of the public to prior and informed consent on issues that would affect the quality of their lives. These and other issues were brought up in our engagement with the affected residents, Save Malaysia Stop Lynas Group and other environmentally-interested NGOs.

ECC has formed six working groups to look into ways to resolve urgent environmental and climate change issues. The working groups are Nuclear Energy Working Group, Green House Gas Emissions Working Group, Ecological Sustainability and Renewable Energy Working Group, Intervention and Strike Force Working Group, Law Reform Working Group, and Education and Training Working Group.

ECC has met four times since its establishment. On 9 Sept 2011, members of ECC were briefed on the legal remedies available pertaining to LAMP. ECC is looking into the possibility of obtaining international experts’ opinion on the International Atomic Energy Agency (“IAEA”) report, which gave a favourable verdict to LAMP.

Roger Chan Weng Keng

Co-Chairperson

Environment and Climate Change Committee

Dated 13 Oct 2011

(1) Roger Chan Weng Keng (Co-Chairperson)

(2) Chew Swee Yoke (Co-Chairperson)

Members:

(3) Adli Zakuan

(4) Adrian Yeo

(5) Albert Leong Chow Pong

(6) Andreanna Ten Maven

(7) Cecil Rajendra