CLOSING REMARKS
BY
MR.
JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY
CHIEF
JUSTICE OF PAKISTAN
AT
THE
CONCLUDING SESSION
OF
HELD
UNDER THE AEIGIS OF
THE
SUPREME COURT OF PAKISTAN
PEARL
CONTINENTAL BHURBAN
24-25
MARCH 2012
My
brother judges of the Supreme Court of Pakistan
Learned
Chief Justices and Judges from South Asian region, Brazil ,
Indonesia as well as Pakistan
Distinguished
Guests;
Ladies
and Gentlemen:
Assalam-o-Alaikum!
I would like to thank you again for your
participation in this conference. This is one of the rare occasions where the issues
pertaining to the environment have been elaborately discussed at such a high
forum. I congratulate my brother Judge Mr. Justice Anwar Zaheer Jamali and his team
who along with the assistance of Asian Development Bank and the International
Union for Conservation of Nature (IUCN) made this Conference a success. This
gathering of international importance has reminded me the slogan “Think
globally- act locally.” This effort would definitely make a valuable
contribution in the ongoing process of protection of environment which is our
collective responsibility. Environmental concerns are the issues of every
society and generations without any bounds of time and place. As the adage
goes:
We do not inherit the earth from our ancestors;
we borrow it from our children
The
environmental hazards in the sub-continent by the rapid industrialization,
urbanization and agricultural development have led to common problems like pollution
of rivers, industrial and vehicle emissions, handling, storage and
transportation of dangerous goods, contamination of water, land and coastal
resources, air pollution, water logging, increase in the use of agro chemicals
and deforestation etc. All these threats to the environment call for an
integrated approach. It is observed that there is little co-operation in terms
of legislative and operative mechanism between the countries of the
sub-continent.
The
protection of environment is very much dependent on the national as well as
international law. The laws protecting the environment have not suddenly
appeared from the legal vacuum. The growing awareness of the environmental
issues is continuously contributing to the further codification of laws.
Measures are being taken to address the said issues.
Man
being the noblest of creatures, and made as the vicegerent of Allah on the
earth, has an inherent obligation of protecting environment and making it safe
for the survival not only of his fellow human beings, but also for all the
other creatures on this planet. In our country, it is not only the law of the
land behind our efforts rather it is our religion. It is our duty to protect
the necessary and fundamental physical elements of flora and fauna required for
the survival of mankind on this planet. The impairment and destruction of these
fundamental physical elements is, in fact, the impairment and destruction of
mankind itself. Allah Almighty has said in the Holy Quran:-
“And the earth He has established
for living creatures.” (Quran 55:10)
Our Holy Prophet (PBUH) also conveyed the
message of conserving the environment. The importance of greenery and
plantation which the modern science has emphasized now was stressed by the messenger
of Allah centuries ago when He said:
“If
any Muslim plants a tree or sows a field, and a human, bird or animal eats from
it; it shall be reckoned as charity from him.” (Saheeh Al-Bukhari & Saheeh
Muslim)
Ladies and Gentlemen:
It
gives me immense pleasure to note that the thematic group discussions generated
extensive response from the panelists and the audience. The thematic
discussions continued late into the evening which reflected the commitment and
the resolve of all concerned for making a real effort to meaningfully
contribute in our endeavour to check and reverse the destruction of our natural
habitat. The three thematic groups discussed their respective issues in a
threadbare manner and some genuinely interesting and implementable
recommendations have been formulated. The thematic session on environmental law
and policy clearly recommended for insertion of “Clean Environment” as a
fundamental right in the Constitution of Pakistan. This session has also
proposed many implementable regional initiatives at the SAARC level for
developing a holistic approach for checking environmental degradation.
In
the thematic session on environmental education and capacity building, many
thought provoking ideas have been floated regarding conservation of our natural
environment by following many regional, social and cultural traditions. These
traditions are rooted in religious and local ethos. No doubt all the divine
religions along with Hinduism, Buddhism and Taoism have fully developed
concepts about conservation of Mother Nature. The people of South Asian region are firm
believers of their respective faiths. By following the religious doctrines on
preservation of nature, we can set our own house in order and set examples for
others to follow.
During
the thematic session on environmental adjudication many interesting ideas were
discussed. This session focused on the need to review and redefine the role of
Judges in adjudication of environmental cases. The discussion emphasized the
need for Judges to act as facilitators and balancers between the needs of
environmental conservation and pressures of economic development. The session generated
broad consensus on training various practitioners of environmental law both at
the domestic and the regional level. The comparison of various legal and
administrative institutions operating in the South Asian region sharply focused
their strength and weaknesses and suggested solid measures for improvement.
I
hope the intensive discussions carried out during the two days of the
Conference resulting into solid recommendations will translate into something
more cogent and practical not only for the individual countries but for the
entire South Asian region and beyond. And this South Asian conference should
set an example for similar initiatives for this region as well as others
promoting understanding of environmental issues and providing a useful platform
to share our common response to tackle such and other issues of mutual concern.
In
the end I would like to share my deep appreciation with you for the commitment
shown by all of you in not only arranging this international conference but
also coming up with solid recommendations which form the basis for our future
course of action. I once again wish you all the best and assure you that the Supreme
Court of Pakistan will continue with our efforts to improve our mutual habitat.
I wish all of you a very happy and safe journey back to your destinations.
Thank
you very much.
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