August 18 2002
The Under Secretary-General and Executive Director of the United
Nations Environmental Programme
The Minister of Justice and Constitutional Development,
Honourable Chief Justice
Members of the legal fraternity
Distinguished guest
Ladies and Gentlemen
It is an honour for me to welcome you all to South Africa and to interact with you in this Global Judges Symposium on Sustainable Development and the Rule of Law.
I sincerely hope that you will have an opportunity during your stay, to explore our country and experience our unique and rich cultural diversity, which is the source of our strength as a nation. I trust that you will also make time to enjoy the natural beauty of our country and interact with its vibrant and colourful rainbow people. Of course, you will also have a taste of all this when you visit the Ubuntu Village in Sandton later.
Distinguished participants, your symposium and the World Summit on Sustainable Development will be the culmination of hard work and sincere efforts to provide a new departure for the United Nations Environmental Programme (UNEP) at the threshold of this new entry, which we, as Africans, are claiming as our own.
Your meeting here as Chief Justice and senior judges from all corners of the world presents a rare opportunity to reaffirm that sustain!matter of social justice. In fact, you are all acutely aware that the Rio Declaration already acknowledged the importance of law insofar as it reflects and shapes our norms and values.
The social justice we are talking about must ensure that we are committed to adequately provide for the needs of everyone, now and in the future, equally and fairly.
The assumption that all people have a right to economic prosperity and a healthy environment and that governments must protect the environment from violation, places the judiciary at the centre of sustainable development.
It is encouraging to see more and more countries around the world clearly showing greater commitment in this regard by developing and strengthening specific legislative and institutional frameworks.
These interventions, in addition to the more than five hundred global and regional environmental treaties in existence, provide a solid basis for our discussions here, as we prepare to make recommendations to the WSSD.
We trust that your important deliberations will reassert the importance of the judiciary and the rule of law, in issues of global and national environmental governance. Your tasks will include among others establishing a global judicial network, strengthening the various regions of the world through information sharing and capacity building especially in poor countries and new democracies.
In view of the fact that sustainable development issues are often rooted in legal and governance related matters, your debates on the link between policy making and the legal interpretation thereof will be useful indeed.
There are a number examples, at national level, to showcase the impact of the rule of law on issues relating to sustainable development. one case in point would be the legislated framework for land reform and redistribution that our government has embarked upon since 1994.
Through providing a legal process for land redistribution, we have not only prevented conflict and human rights abuses, but also created opportunities for historically disadvantaged communities to own land, become economically active and prosperous and live better lives.
Of course, the Aboriginal Land Act of 1992 of Australia also illustrates now the judiciary can play a role in securing social justice for all. In this case, the Bill was drafted and presented by the judiciary itself and not by parliamentarians.
The role of the judiciary is a critical now as it has always been in different periods in world history for example, from colonialism to this new period we live in, of globalisation and numerous economic, social and political challenges. The manner in which laws are interpreted affects the development of society and the sharing of ideas in this regard as is happening in this symposium, assists the development of thought in this regard.
Distinguished guests, another serious challenge facing us all is how to address the question of the ongoing environmental degradation on the one hand and poverty, disease and hunger on the other. We need to find effective ways of protecting our environment while also eradicating poverty, hunger and disease.
One obstacle is the capacity of especially new democracies to implement and enforce international best practice in sustainable development.
In meeting this challenge, as the tens of thousands of delegates to attend the WSSD begin to arrive, we must ensure that the sustainable that will be on the agenda for discussion has real meaning for the poor throughout the world.
This is crucial because sustainable development efforts are more likely to be successful if all stakeholders are genuinely interested, informed and are able to participate in bringing about the desired outcome.
In fact, Principle 10 of the Rio Declaration establishes that environmental problems are best managed with the participation of all citizens involved at the various levels. Governments can play a key role in creating an agenda of public priorities, but a strong civil commitment is also necessary to ensure that implementation is executed with the participation of all sectors.
Honourable members of the Bench, I am glad that you will also attend the EnviroLaw Conference 2002, which will be held in Durban from August 22 to 25.
Given that this absolutely beautiful city is situated in my home province of KwaZulu-Natal, I can give my personal assurance that you will see even greater scenic beauty and you will experience another dimension of this country's rich cultural expressions and hospitality.
We South Africans pride ourselves on the inclusive nature of our national discussions and processes. In this vein, we are happy to learn that the EnviroLaw Conference will seek the harness a greater inclusivity and a broader involvement of the legal fraternity in carving out a just, fair and practical world order.
Similarly, your focus there will also be broader. Among other things, the Durban Conference will focus on the links between effective global, regional and national environmental governance structures. I am also pleased to note that the conference will also look at the prevention of international environmental crime and the framework for more effective ways of implementation and enforcement.
Perhaps most importantly you will find ways to initiate projects that will help build the capacity of countries to implement the decisions of the WSSD.
Ladies and gentlemen, the horrific incident of September 11 2001 reminded us of the unprecedented challenges we face, including borderless threats such as terrorism and organised crime. The community of nations responded to these global threats by establishing the International Criminal Court in July this year.
In this regard, we are of the view that it would be correct for you to debate the idea of setting up a international Environment Court of Justice. This is important because our existence and that of coming generations depends on protecting our environment from mindless abuse and exploitation, driven by the profit motive and other known and unknown factors. We must therefore be vigilant in meeting this challenge.
We are also very confident that through all your efforts, as the custodians of social justice, you will find ways to harmonise our laws. also importantly you can play a critical role in the implementation of resolutions to be taken here, as interpreters of the law. The task ahead, for all of us is a difficult but necessary one. And so is the part that you must play.
As the Judiciary, you are a critical component of the global partnership we are forging for a balance between the world's environmental, social and developmental priorities.
You need to assist us by adding value to the Rio Declaration so that the WSSD can address the entrenched legacy of poverty and the inefficient use of natural resources.
Let us remind ourselves of the words of Maurice Strong, UNCED Secretary-General at the Rio Summit when he said and I quote, "Will the Earth Summit merely be a high point in our expressions of good intentions, enthusiasm and excitement, or will it be the start of a process of fundamental change which we absolutely need? ... Lets be realistic ... the road from Rio is going to be more difficult than the road to Rio.
The road from Johannesburg will prove even more difficult because many of these issues unfold amidst a complex web of national, comparative and international legal problems. There is no doubt that you will be grappling with these over the coming days, as you highlight the role that the law ought to. Since our common future is at stake, the WSSD presents us all -rich and poor, developing and developed - with a common challenge. It is only natural that we deliberately forge a common response in this regard.
I also believe that this Summit provides yet another opportunity for all of us to work together to bridge the gap between rich and poor and work towards equality and social justice.
We urge the richer countries of the North of share their technological, scientific and economic advancement with the poorer countries in the south, which are working towards achieving social, economic and environmental recovery.
The summit will enables us to once again try to find common ground and to work towards global peace and stability and sustainable development.
I wish you well in your deliberations and am sure that the recommendations you will make to the WSSD will help us to edge to global social justice for all of this planet's people.
I Thank You