By: Windi Arini, Country Director a.i., RWI Indonesia
The 2nd Regional Judicial Dialogue on Environmental Justice and Climate Resilience in the ASEAN region took place from 17-18 February 2025 in Jakarta, Indonesia, co-hosted by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) and the International Commission of Jurists (ICJ), with support from Sida and the UK government. Building on the 1st Regional Judicial Dialogue held in September 2024 in Bangkok, this event continued efforts to strengthen judicial cooperation and knowledge-sharing on environmental rights and climate resilience in Southeast Asia.
The dialogue convened justices, judges, the Chair of AICHR, civil society representatives, legal experts, and academics from across the region to explore the judiciary’s role in advancing environmental justice. Regional partners, including the United Nations Environment Programme (UNEP) and the Asian Development Bank (ADB), contributed valuable insights to the discussion.
A session focused on cooperation between the judiciary and the ASEAN Intergovernmental Commission on Human Rights (AICHR) in addressing environmental rights, highlighting the potential for closer collaboration between courts and ASEAN human rights mechanisms following the incoming adoption of the ASEAN declaration on the right to a safe, healthy, and sustainable environment.
On the second day, discussions centered on the triple planetary crises—climate change, biodiversity loss, and pollution—and their litigation in national courts. Experts emphasized the need to view climate change, biodiversity loss, and pollution as interconnected issues, ensuring legal responses are comprehensive and inclusive.
The dialogue also addressed the importance of local knowledge in court proceedings, particularly in agrarian conflicts and the recognition of Indigenous Peoples as expert witnesses in various jurisdictions. Another critical discussion point was the balancing act between competing interests, especially in cases involving energy transition projects and species protection. Judges and legal experts discussed the harm caused by the loss of intangible environmental values, such as cultural and ecological heritage, which are often overlooked in legal proceedings.
A major challenge highlighted in the dialogue was the weak implementation of court decisions on air pollution cases in countries like Indonesia and Thailand. While national pollution laws exist, enforcement remains inadequate due to limited governmental authority in regulating powerful corporate actors. Strengthening judicial oversight and enforcement mechanisms was identified as a key priority moving forward.
As the dialogue concluded, justices and judges expressed a strong commitment to applying the lessons learned in their home countries and judicial systems. The insights and best practices shared over the two-day event will contribute to the development of a Guidebook on Environmental Case Procedures, equipping judges with the necessary tools to adjudicate complex environmental cases more effectively.
This regional exchange marks a significant step forward in strengthening judicial cooperation and environmental governance in Southeast Asia, reinforcing the judiciary’s role in safeguarding environmental justice and human rights.