Tang Prize Laureates on Seeking Environmental and Judicial Justice through Public Interest Litigation
TAIPEI,Nov. 21,2021 -- In conjunction with the 2020 Tang Prize Award Ceremony held virtually on November 20,three lectures by the 2020 winners for Rule of Law were presented,where representatives from three NGOs in Colombia,Bangladesh,and Lebanon respectively shared their experiences of speaking up for the marginalized and achieving environmental,social,and judicial justice through public interest litigation.
Prof. Vivian Newman Pont from Dejusticia emphasized that to secure a victory in public interest litigation,strategies have to be laid out clearly in order to bring about effects that can facilitate social transformation and the defense of human rights. She then gave some cases as examples. Dejusticia was able to "obtain several rulings by the Constitutional Court that achieved equal rights for same-sex couples," allowing them to get married,adopt children,and be entitled to social protection just like their heterosexual counterparts. Another example is about a referendum proposed by supporters of the then popular President Uribe in an attempt to remove presidential term limits for him. Dejusticia collaborated with several civil society organizations to conduct strategic litigation and succeeded in preserving democracy and preventing Colombia from becoming a dictatorship. Another speaker from Dejusticia,Prof. Rodrigo Uprimny Yepes,noted that "successful strategic litigation requires not only the existence of clear,general legal norms but also the accessibility of the court system," absent one of which could lead to a situation where strategic litigation might be impossible. However,"the litigation might appear too costly" or the verdict issued by a court could legitimize the injustice they are fighting against.
Ms. Syeda Rizwana Hasan of The Bangladesh Environmental Lawyers Association (BELA) pointed out that fisheries,agriculture,and forest industries are the dominant sectors in Bangladesh. Therefore,the majority of people in Bangladesh depend on an unpolluted environment for their survival. By conducting public interest litigation,BELA has succeeded in extending the interpretation of the "constitutionally recognized right to life" to include the "right to environment." As a result,the government has been instructed to protect wetlands,restore canals,and stop allocating forestland for developing purposes,thereby striking a balance between economic development and environmental justice.
Prof. Samer Ghamroun,co-founder of The Legal Agenda,explained how in the undemocratic Arab countries,"law is often a repressive,exploitative tool in the hands of autocrats" and how the spirit of the rule of law has been twisted to fit into the narrative of a rule by law system. Under these circumstances,public interest litigation became an effective means for initiating public debates and social change,with the aim of transforming "the normative environment of lawyering."
The Tang Prize Foundation therefore cordially invites everyone to visit our official YouTube channel to watch these lectures and learn about some of the most pressing issues.
