Declaration of National Alliance to implement SC order on river
On 26 August, 2020, a virtual press conference was organised by the National River Alliance on the implementation of the Supreme Court order of 2019 to protect all rivers. The welcoming remarks were delivered by Sharif Jamil, General Secretary, BAPA.
In her introductory speech, Sharmeen Murshid, founder of Brotee and the moderator for the conference, lamented on the great loss of about 200 rivers, according to the latest data by the Water Development Board. She emphasised on the role of rivers in the nation's history, birth and growth. She recalled the nation's shock on the morning of November 06, 2016 due to the frontpage news on The Daily Star by Tawfique Ali titled, 'Time to declare Turag dead'.
Manzill Murshid, President, Human Rights & Peace for Bangladesh recalled the facts of the 2016 writ petition. He discussed the High Court Division's order to evict the six encroachers to opening the pandora's box, formation of the judicial committee for inspecting and reporting all land surveys and record of rights, unmasking the BIWTA's illegal placement of the walkway and how the land-owners were defrauded into buying the lands. He also emphasised on the National River Conservation Commission (NRCC)'s lack of powers and the impact of declaring rivers as living entities.
Dr. Asif Nazrul, Professor, Department of Law, University of Dhaka emphasised on the importance of proper application of laws and opined that the utilisation of existing environmental laws is sufficient to transform the current condition of rivers in Bangladesh. Without relying merely on the High Court Division, he urged the people to seek help from the environmental courts as well. He also added that the NRCC is currently given merely advisory powers, but for it to be effective, it must be given executive powers as well.
Dr. Shahdeen Malik, Senior Advocate, Supreme Court of Bangladesh, said that the change in the political landscape of Bangladesh in the last twenty years has made the present struggle much harder. He was, however, hopeful of the recent developments in the attitude of the courts, people and mass media, and how everyone now aims to save the rivers.
Mohammad Golam Sarwar, Lecturer, Department of Law, University of Dhaka mentioned four critical points for the implementation of the High Court Division's judgment. Firstly, there is an indication of a legislative reform from the directives. Secondly, there is a need to identify the implementing stakeholder e.g. the NRCC. Thirdly, there is a need to increase accessibility to the environmental courts, since access is now cumbersome and restricted. Finally, there is a need for a separate and comprehensive law for rivers which would declare rivers as a living entity, as was done for the Whanganui River in New Zealand.
In his speech, Dr. Mujibur Rahman Hawlader, Chairman, NRCC and Chief Guest of the event, discussed the limitations of NRCC. However, he was proud to say that with the aid of the District Administrators, for the first time in the history of Bangladesh, annual reports with the names of the 50,000 river encroachers have been published on the NRCC's website. He expressed his gratitude for the incredible assistance he received in his pursuit. He also stated that due to the lack of their implementation and citation, the courts and the people have forgotten that there are existing sections of the Code of Criminal Procedure, 1898 (S. 139A) and Penal Code, 1860 (S.283) which can be used to safeguard rivers. With immense gratitude, he thanked the Supreme Court for its proactiveness in declaring the legal personality of rivers, Public Trust Doctrine, Polluters Pay Principle and more in their judgment.
Energetic and insightful speeches were delivered by other guests which included Farid Uddin Ahmed, Executive Director, Arannayk Foundation, Dr. M A Matin, Executive Vice President, BAPA, Shireen Huq, Founder Member, Naripokkho and Sayeeda Roxana Khan, Executive Director, Sheva. After their discussions, the moderator ended the conference by saying that one standalone webinar is not enough to encapsulate the vast discussion that this crisis deserves.
Event covered by Tanveer Ahmed Fahim, student of law, University of Dhaka.
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