Environment is critical now

Environment is critical now

Chief Justice Tun Arifin Zakaria would like the Federal Constitution amended to expressly include a right to a clean and healthy environment at the start of Legal Year 2017.

He noted that an "environmental rule of law" has not been formally defined.

He defined “environmental rule of law” as "A core duty is to safeguard and uphold our constitutional guarantees, which must include the right to a clean environment both for the present generation and the future of unborn generations, not forgetting our wildlife and other life systems, which form part of our ecosystem."

He went to say that "To this end, I would like to ask my brother judge, Tan Sri Richard Malanjum, who enjoys a similar dedication to the environment, to spearhead the drafting and introduction of a set of Environmental Rules of Court to facilitate and bolster the practice of environmental law in our courts."

At last, the Courts have started in recent years an effort to protect environment by cases in courts but I believe that effort of protection goes much beyond the Courts as it is part and parcel of our lives.

While it is to be appreciated for a set of Environmental Rules of Courts, there is a greater need to make real impact in averting irreversible environmental damages all round especially in certain areas climate change and total destruction of our key ecological parameters like our coral reef frontier and our water sources to provide our much needed food and healthy environment.

Environment and climate change or global warming are inevitably inter-related so much so that photosynthesis stops when the climate reaches 35 degree centigrade.  In Sabah, the temperature is hovering around 34 and 35 degrees Centigrade in recent years and maybe soon we would have problem growing food.

Even at this stage and at this rate very little is done environmentally in Sabah to avert any disaster thereof.  We continue to witness all sort of environmental woes almost everywhere people habitats. We may have identified all areas of environmental issues but little progress is done to deal with them head on, hence environmental violations are perpetrated.

We have also witnessed how shallow views have been expressed by the authorities in ad hoc basis without real impact to reduce or mitigate environmental damages.  Is it enough just to clear some stagnant trash here and there?  There is much more to be done in fundamental application based on an environment blue print.

We are really too complacent when real tough attitude must be put to work in all areas of environment. 

There are only a few environment blue prints in some countries when the whole world is facing such a great menace of much desired development of environment regulations and rules.

In Sabah we may have some enactments of environmental laws but clearly inadequate to deal with various parameters faced by the decline in environmental health.

I through my cooperatives – Koperasi Pengguna Sabah Bhd (KPSB)- has taken the initiative to hold a Sabah Environment Expo 2016 (SEE Sabah 2016), but due to lukewarm or no support from the governance sector SEE Sabah 2016 failed to emerge.  But I still hope that SEE Sabah 2017 would materialised soon to come up with a publicly endorsed Environment Blueprint (EBP) to embrace everyone and everything comprehensively with the civil courts in a strengthened role.

There is nothing left to be done except with an Environment BluePrint to show us the essential way forward starting with valid concepts, practices, education, awareness, legal statutes and enforcement.  

We must hold SEE Sabah 2017 with an extensive and intensive effort with wide ranging ingredients which can be costly to reach as many people near and far with massive contributions by all concerned with the noble and practical Environment BluePrint as an end product for enforcement immediately.

Such comprehensive EBP would complement with what the civil courts can do much effectively and efficiently and not just scratch the very important matter and challenge superficially.

Clean environment embraces the sky (air), the seas/oceans (seafood/coral), land (water, health/hazard, food etc) and there is no longer any option left for all the inhabitants now.

Without EBP, and too many ad hoc efforts here and there would not achieve the desired results of a clean environment for all our daily activities.

The critical environment status is tethering on collapse as exacerbated by uncontrollable global warming and then we are all helpless.

Joshua Y. C. Kong 20 Jan 2017