Vietnam: Problems in enforcing environmental law and ensuring environmental rights for legal aid beneficiaries

Rights of legal aid beneficiaries and environmental rights: Article 34 of Decree No. 7/CP dated 12/1/2007 on guidelines for implementing 2006 Law on legal aid stipulates: poor people, policy supported groups and other marginalized groups are entitled to legal aid services in eight fields, including environmental law

Dr Truong Thi Quoc Khanh - permenant Deputy of the National Assembly’s Commission on Science, Technology, and Environment - presented at the workshop

Dr Truong Thi Quoc Khanh – permenant Deputy of the National Assembly’s Commission on Science, Technology, and Environment – presented at the workshop

IUCN – Legal aid beneficiaries are entitled to, represention by counsel in order to lodge a complaint, to conduct negotiations or during legal proceedings. All of these activities shall be provided at no cost, and be followed-up, monitored by the state legal aid center, lawyers, or legal counselors.

The aim of providing legal aid services for the poor and marginalized groups is to protect their rights and interests, and to improve their legal knowledge. It also aims to avoid needless loss of business. Thus, legal aid plays an important role in raising people’s awareness on environment, and poverty eradication. Environment is closely linked with poverty, thus poverty can induce vulnerable communities (who are heavily dependant on local natural resources) to increase use of natural resources, causing overexplointation and the exhaustion of these resources. Poverty will lead to the lack of investment on environment. In additions, the growth at no costs strategy and population boom in Viet Nam will suplement to this, causing the serious environmental problems. Tiếp tục đọc “Vietnam: Problems in enforcing environmental law and ensuring environmental rights for legal aid beneficiaries”

Policy: Four gaps in China’s new environmental law

Bo Zhang & Cong Cao

21 January 2015

Implementation and accountability will remain challenging, especially at the local level, warn Bo Zhang and Cong Cao.

Article tools PDF Rights & Permissions

STR/AFP/Getty

Nature – A resident of China’s Hubei province clears the Fuhe river of dead fish, thought to have been poisoned by high levels of ammonia.

On 1 January, a new environmental protection law (EPL) took effect in China. It is the nation’s first attempt to harmonize economic and social development with environmental protection.

The EPL is perceived as the most progressive and stringent law in the history of environmental protection in China. It details harsher penalties for environmental offences — for example, for acts of tampering and falsifying data, discharging pollutants covertly and evading supervision. It contains provisions for tackling pollution, raising public awareness and protecting whistle-blowers. It places more responsibility and accountability on local governments and law-enforcement agencies and sets higher standards for enterprises. Tiếp tục đọc “Policy: Four gaps in China’s new environmental law”