Conference of Judges and Prosecutors on Water Justice
8th World Water Forum
19-21 March 2018 Brasília, Brazil
Overview In every jurisdiction around the world, the management, use, and protection of water resources, as well as the provision of and access to water and sanitation services, is framed and governed by legal, policy, and institutional frameworks. To achieve “water justice,” it is critical that these legal systems ensure equitable, optimal, and sustainable water management through the “rule of law,” de ned as:
a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards (UN Secretary-General, 2004).
In a 2013 Decision of the UNEP’s Governing Body, Member States acknowledged that the
violation of environmental law has the potential to undermine sustainable development and the implementation of agreed environmental goals and objectives at all levels and that the rule of law and good governance play an essential role in reducing such violations.
Today, securing access to clean water has become a serious global challenge. By 2030, worldwide demand for water will nearly double as compared to 2005 and demand will exceed available levels by 40%. As a result, countries will increasingly su er from severe hydrological stress, especially caused by climate disruption.
The worsening worldwide water crisis will adversely a ect agricultural production patterns, stress national economies, negatively impact ecosystems, harm the quality of life for many di erent populations, and lead to poverty, forced migration, and con icts. In light of this troubling scenario, water quantity and quality are now recognized as “the new 21st Century environmental crisis.” As stated in the nal outcome document from Rio+20 (2012), The Future We Want: “water is at the core of sustainable development.” Thus, the recognition of water as a valuable and nite natural resource should in uence the decisionmaking of national and global institutions, including the judiciary and prosecutors. New and e ective legal frameworks are needed to address this challenge. The laws on water resources need urgent rethinking.
Sustainable Development Goal number 6 (2015) lists as a duty of the international community and each country to “ensure availability and sustainable management of water and sanitation for all.” Although the SDGs are not “hard” international law and thus are not legally binding, they nonetheless carry strong persuasive weight for judges, on the theory that the judiciary, while largely focused on domestic law, is responsible for guaranteeing the universal values expressed therein. The SDGs also manifest fundamental values of the Environmental Rule of Law, particularly the cross-cutting SDG number 16, which calls on States to “promote peaceful and inclusive societies for sustainable development, provide access to justice, and build e ective, accountable and inclusive institutions at all levels.” Thus, SDGs 6 and 16, on water and governance, provide a strong foundation for guiding judicial and administrative interpretation of national legal and constitutional frameworks.
The 8th World Water Forum will be held in the Southern Hemisphere for the rst time in Brasília, Brazil on March 19-23, 2018. The Conference of the Judges and Prosecutors Subprocess will bring together over 140 judges, prosecutors, diplomats, scientists, professors, and other leaders in the eld from over 60 countries to engage in high-level debates and address, from a variety of perspectives, current challenges and innovative legal solutions for problems involving water and water use. The objectives of the Subprocess are to:
• Activate the implementation of the Roadmap produced by the 7th World Water Forum by securing stronger political and legal commitment to ecologically sustainable water management • Facilitate a robust dialogue among judges, prosecutors, and other stakeholders involved in the discussion and development of innovative legal mechanisms for ecologically sustainable and socially just management of water resources • Present the most recent advances in academia, legislation, jurisprudence, and public policy on water law issues • Hold an innovative Water Justice Moot Court with global law students • Convene a strategic meeting on the Global Pact for the Environment • Approve the “Brasilia Declaration of Judges on Water Justice” • Hold the rst face-to-face meeting of the Interim Governing Committee of the Global Judicial Institute on the Environment • Launch of the Global Institute of Prosecutors for the Environment
PROGRAM
Day 1 Monday, 19 March
9:00 Opening of the Conference of Judges and Prosecutors on Water Justice Welcoming Remarks • Lord Justice Robert Carnwath (Supreme Court of the United Kingdom and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Raquel Dodge (Attorney General of Brazil) • Arnold Kreilhuber (Senior Legal Ocer, International Environmental Law Unit, UN Environment) • Claudia de Windt (Senior Legal Specialist and Chief, Environmental Law, Policy and Good Governance, Department of Sustainable Development, Organization of American States – OAS) • Maria do Rosário Araújo Velano (Rector, UNIFENAS) • Roberto Carvalho Veloso (President, Brazilian Association of Federal Judges – AJUFE) • Jayme de Oliveira (President, Brazilian Association of Judges – AMB) • Zhang Xinsheng (President, International Union for the Conservation of Nature − IUCN) • Judge Cristina Crespo (Honorary President, International Association of Judges, Uruguay)
10:00 Opening Keynote Address Co-Chairs: • Justice Ragnhild Noer (Supreme Court of Norway and Member, Interim Governing Committee, Global Judicial Institute on the Environment) and • Justice Dagne Melaku (Chief Justice, Supreme Court of Ethiopia) Keynote Speakers: • Justice Cármen Lúcia Antunes Rocha(Chief Justice of Brazil, STF, and Professor, Catholic University of Minas Gerais) • Justice Ricardo Lorenzetti (Chief Justice, Supreme Court of Argentina and Member, Interim Governing Committee, Global Judicial Institute on the Environment)
11:00 Co ee Break
PANEL 1
11:30 Water Justice and the Environmental Rule of Law Co-Chairs: • Justice João Otávio de Noronha (National High Court of Brazil - STJ) • Justice Damaris Vargas Vasquez (Supreme Court of Costa Rica) Speakers: • Justice Antonio Herman Benjamin (National High Court of Brazil - STJ and Member, Interim Governing Committee, Global Judicial on the Environment) • Danilo Türk (Ambassador and Professor of Law, Former President of Slovenia, and Chairman of the Global High Level Panel on Water and Peace) • Michel Prieur (Professor, University of Limoges, and President, International Center of Comparative Environmental Law – CIDCE, France)
12:30 Lunch
WATER JUSTICE HIGH-LEVEL OPENING PLENARY 14:30 Water and Sustainable Development: Challenges to Law, Policy and Peace Co-Chairs: • Sheila Abed (Former Minister of Justice of Paraguay) • Malik Amin Aslam (Vice-President, International Union for the Conservation of Nature – IUCN) Keynote Addresses: • Erik Solheim (Executive Director, UN Environment, and former member of Parliament and Minister of the Environment of Norway) • Justice Roberto Caldas (Judge and Former President, Inter-American Court of Human Rights)
15:15 Water Justice: The Forum Organizers’ Perspectives Co-Chairs: • Loic Fauchon (Honorary President, World Water Council, France) • Christianne Dias Ferreira (President, National Waters Agency – ANA, Brazil) Speakers: • Rodrigo Rollemberg (Governor of the Federal District of Brasília, and former Senator, Brazil) • Minister José Sarney Filho (Minister of the Environment of Brazil) • Benedito Braga (President, World Water Council and Secretary of State for Sanitation and Water Resources, State of São Paulo, Brazil)
16:00 Co ee Break
16:30 Presentation of the Draft “Brasilia Declaration of Judges on Water Justice” Co-Chairs: • Justice Michelle Weekes (High Court of Barbados and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Justice Michael Wilson (Supreme Court of Hawaii, USA and Member, Interim Governing Committee, Global Judicial Institute on the Environment) Speakers: (5 minutes per speaker) • Justice Michael Hantke Domas (Chief Justice, Third Environment Court of Chile) • Owen McIntyre (Professor, School of Law, University College Cork and Chair of the WCEL Water and Wetlands Specialist Group, Ireland) • Arnold Kreilhuber (Senior Legal Ocer, International Environmental Law Unit, UN Environment) • Justice Brian Preston (Chief Judge, Land and Environment Court of New South Wales, Australia and Member, Interim Governing Committee, Global Judicial Institute on the Environment) (President, East African Court of Justice, Rwanda and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Claudia de Windt (Senior Legal Specialist and Chief, Environmental Law, Policy and Good Governance, Department of Sustainable Development, Organization of American States – OAS)
HIGH-LEVEL PLENARY
17:00 Judicial Roundtable I: Input to the Draft “Brasília Declaration of Judges on Water Justice” Co-Chairs: • Justice Swatanter Kumar (Chairperson, National Green Tribunal, India and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Justice Zukisa Tshiqi (Supreme Court of South Africa) Speakers (in alphabetical order by last name; 5 minutes per speaker): • Justice Josue Felipe Baquiax (Supreme Court of Guatemala) • Justice Shirley Bertão (Supreme Court of the State of Minas Gerais, Brazil) • Justice Monica Alejandra Soto Bueno (Superior Council of the Judiciary, Mexico) • Justice Mamadou Camara (President, Supreme Court of Senegal) • Justice Gustavo Auadre Canela (Appeals Tribunal, Supreme Court of Paraguay) • Justice Yang Di (People’s Supreme Court of China) • Justice Imane Elmalki (Supreme Court of Morocco) • Justice Nguyen Thuy Hien (Supreme Court of Vietnam) • Justice Maria do Céu Monteiro (ECOWAS Court of Justice) • Justice Elton Leme (Supreme Court of the State of Rio de Janeiro, Brazil) • Judge Wendy Martinez Mejía (Court of Appeals of Santo Domingo, Dominican Republic) • Justice Ramona Gratiela Milu (Brasov Court of Appeal, Romania) • Justice Batsuuri Mishig (Supreme Court of Mongolia) • Justice Gerald Ndika (Supreme Court of Tanzania) • Justice Ragnhild Noer (Supreme Court of Norway) • Justice Samson Okong’o (Presiding Judge, Environment and Land Court, Kenya) • Justice Antonio de Souza Prudente (Federal Court of Appeals, 1st Circuit, Brazil) • Justice Pablo Tinajero (National Court of Ecuador)
HIGH-LEVEL PLENARY
18:30 - 20:00 Judicial Roundtable II: Input to the Draft “Brasília Declaration of Judges on Water Justice” Co-Chairs: • Justice Gloria Ortíz (Deputy President, Constitutional Court of Colombia) • Justice I Gusti Agung Sumanatha (Supreme Court of Indonesia and Member, Interim Governing Committee, Global Judicial Institute on the Environment) Speakers (in alphabetical order by last name; 5 minutes per speaker): • Justice Dennis Adjei (Court of Appeals of Ghana) • Justice Ananda Mohan Bhattarai (Supreme Court of Nepal) • Justice Yonette Cummings-Edwards (Chancellor of the Judiciary, Guyana) • Justice Iris Pacheco Huancas (Supreme Court of Peru) • Justice Nitin Jamdar (Bombay High Court, India) • Justice Osvalda Joana (Supreme Court of Mozambique) • Justice Cândido Leal Júnior (Federal Court of Appeals, 4th Circuit, Brazil) • Justice Jane Kazora Kabuka (Supreme Court of Zambia) • Justice Chirawan Khotcharit (Environmental Division, Supreme Court of Thailand) • Justice Dagne Melaku (Chief Justice, Supreme Court of Ethiopia) • Justice Li Mingyi (People’s Supreme Court of China) • Justice Ali Baqir Naja (Lahore High Court, Pakistan) • Justice Roque Camacho Negrete (Agro-Environmental Court of Santa Cruz, Bolivia) • J ustice Edward Sidney Blanco Reyes (Supreme Court of El Salvador) • Justice Kuenlay Tshering (Supreme Court of Bhutan) • Justice Damaris Vargas Vasquez (Supreme Court of Costa Rica) • Justice Flavian Zeija (High Court of Uganda) PROGRAM
Day 2 Tuesday, 20 March
PANEL 2
9:00 Water Justice and Climate Change Co-Chairs: • Kunzang (Deputy Chief Legal Ocer, National Environment Commission, Bhutan) • Justice Modeste Randrianantenaina (President, Supreme Court of Madagascar) Speakers: • Grethel Aguilar (Director, IUCN Regional Oce for Mesoamerica and the Caribbean, Costa Rica) • Aziza Akhmouch (Head, OECD Water Governance Program, France) • Stefano Burchi (Executive Chairman, International Association for Water Law – AIDA, Italy) • Carlos Durigan (Director, Wildlife Conservation Society – WCS, Brazil) • Mark Smith (Director, IUCN Water Programme) • Justice Michael Wilson (Supreme Court of Hawaii, USA and Member, Interim Governing Committee, Global Judicial Institute on the Environment)
10:30 Co ee Break
TWO PARALLEL PANELS
11:00 Two Parallel Sessions for Judges and Prosecutors
11:00 Session 1: for Judges (by invitation only) “Water Justice and the Global Judicial Institute on the Environment” Co-Chairs: • GJIE - Interim Governing Committee Special Academic Rapporteur: • Nicholas Bryner (Professor and Emmett/Frankel Fellow in Environmental Law and Policy, University of California at Los Angeles)
11:00 Session 2: for Prosecutors (by invitation only) Roundtable Discussion of the "Brasília Declaration of Prosecutors on Water Justice" and of the “Global Institute of Prosecutors for the Environment“ Chair: • Raquel Dodge (Attorney General of Brazil) Venue: • O ce of the Federal Attorney General (transportation will be provided) Speakers on the "Brasilia Declaration of Prosecutors on Water Justice" (in alphabetical order by last name): • Nívio de Freitas Silva Filho (Deputy Attorney-General of Brazil) • Luciana Espinheira da Costa Khoury (Prosecutor, State of Bahia, Brazil) • Cristina Schwansee Romanó (Federal Prosecutor and Secretary of International Cooperation, Federal Prosecutor’s Oce, Brazil) • Mercedes Concepción Ruiz (Head, Crimes Against Water Section, Environmental Prosecutor’s Oce, Honduras) • Albino Macamo (Prosecutor, Oce of the Attorney General of Mozambique) • Sheila Pitombeira (Prosecutor, State of Ceará, Brazil) • Patricia Amorim Rêgo (Environmental Prosecutor and former Attorney General, State of Acre, Brazil) • Eduarda Rodrigues (Head, African Prosecutors Association, Angola) • Luiz Alberto Esteves Scaloppe (Prosecutor, State of Mato Grosso, Brazil) Speakers on the Global Institute of Prosecutors for the Environment (in alphabetical order by last name): • Denise Neves Abade (Prosecutor and Deputy Secretary of International Cooperation, Federal Prosecutor’s Oce, Brazil) • Daniel César Azeredo Avelino (Federal Prosecutor and Secretary, 4th Chamber of Coordination and Revision, Federal Prosecutor’s Oce, Brazil) • Roberto Carlos Batista (Prosecutor, State of Federal District, and International Director, Brazilian Association of Environmental Prosecutors – ABRAMPA) • Tarcila Santos de Britto Gomes (Prosecutor, State of Goiás, and Deputy Member, National Council of Prosecutors, Brazil) • José Pablo Gonzalez (Deputy Environmental Prosecutor, Costa Rica) • Cristina Seixas Graça (Federal Prosecutor and President of the Operational Assistance Center for the Environment, Brazil) • Stacy Martinez (Prosecutor, Crown Counsel, Belize) • Jean-Philippe Rivaud (Member of the Judiciary, Senior Prosecutor, Former Judge, Justice Attaché to Brazil, Guyana and Suriname, Cofounder and Vice President of the European Network of Prosecutors for the Environment, France)
12:30 Lunch
JOINT SESSION OF LEGISLATORS, JUDGES, AND PROSECUTORS
14:30 Designing Better Environmental and Water Laws Co-Chairs: • Senator Jorge Viana (Coordinator, Parliamentarian Subprocess) • Raquel Dodge (Attorney General of Brazil), and Christianne Dias Ferreira (President, National Waters Agency – ANA, Brazil) Opening Addresses (15 minutes per speaker): • Minister Marina Silva (Former Senator and Minister of the Environment of Brazil, 2003-2008) • Manoel Sobral Filho (Director, United Nations Forum on Forests Secretariat, Brazil) Speakers (in alphabetical order by last name; 10 minutes per speaker): • Ricardo Andrade (Executive Director, 8th World Water Forum and Director, Brazilian National Water Agency – ANA, Brazil) • Congresswoman Sophie Auconie (National Assembly of France, and President, French Water Society) • Senator Cristovam Buarque (Federal Senate, Brazil) • Stefano Burchi (Executive Chairman, International Association for Water Law – AIDA, Italy) • Arnold Kreilhuber (Senior Legal Ocer, International Environmental Law Unit, UN Environment) • Congressman Alessandro Molon (Federal Deputy, Chamber of Deputies of Brazil) • Minister Gustavo do Vale Rocha (Interim Minister of Human Rights of Brazil) • Congressman Pedro Soares (President, Environmental Commission, Assembly of the Republic of Portugal)
16:30 Co ee Break
TWO PARALLEL PANELS
17:00 Two Parallel Multidisciplinary Panels
PANEL 3 17:00 Water Justice and Ecosystems: Scienti c, Ethical, Legal and Policy Perspectives Co-Chairs: • Aban Marker Kabraji (Director, Asia Regional Oce, IUCN) • José Pedro de Oliveira Costa (Secretary of Biodiversity, Ministry of the Environment, Brazil) Speakers: • Denise Antolini (Professor of Law and Associate Dean for Academic A airs, William S. Richardson School of Law, University of Hawaii, USA) • Justice Michael Hantke Domas (Chief Justice, Third Environment Court of Chile) • Alejandro Iza (Director, IUCN Environmental Law Center, Argentina) • Jennifer Mohamed Katerere (Senior Consultant and Researcher in Human Rights and Environmental and Natural Resource Governance, Zimbabwe) • Ayman Rabi (Executive Director, Palestinian Hydrology Group, Palestine)
PANEL 4 17:00 Water Justice and Forests: Scienti c, Ethical, Legal and Policy Perspectives Co-Chairs: • Raul Telles do Valle (Chair, WCEL Forests Specialist Group, Brazil) • Márcio Dionísio (IUCN Representative to Brazil) Speakers: • Braulio Ferreira de Souza Dias (Professor, University of Brasília, and Former Executive Secretary, Convention on Biological Diversity, Brazil) • Karin Krchnak (Program Manager, The World Bank Group 2030 Water Resources Group, and Former Director, WWF Freshwater Program) • Alejandra Rabasa (Senior Specialist, Environmental Law Institute – ELI, Mexico) • Alvaro Vallejo Rendon (Director, South America Regional Oce, IUCN) • Christina Voigt (Professor, Department of Public and International Law, University of Oslo)
19:00 Cocktail Reception and Dinner at the Ministry of Foreign A airs (Hosted by Senator Aloysio Nunes Ferreira Filho, Minister of Foreign A airs of Brazil) PROGRAM
Day 3 Wednesday, 21 March
PANEL 5
9:00 Water Justice, Enforcement, and the Role of Environmental Courts and Public Prosecutors Co-Chairs: • Ivana Farina Navarrete Pena (Former Attorney General, State of Goiás, and Human Rights and Collective Defense Secretary, National Council of Prosecutors) • Justice Kuenlay Tshering (Supreme Court of Bhutan) Speakers: • Silvia Cappelli (Senior Environmental Prosecutor and Former President, Latin American Network of Environmental Public Prosecutors, Brazil) • Justice Ricardo Cintra Torres de Carvalho (President, Environmental Law Chamber, Supreme Court of the State of São Paulo, Brazil) • Justice Swatanter Kumar (Chairperson, National Green Tribunal, India and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Justice Samson Okong’o (Presiding Judge, Environment and Land Court, Kenya) • Justice Brian Preston (Chief Judge, Land and Environment Court of New South Wales, Australia and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Eduarda Rodrigues (Head, African Prosecutors Association, Angola)
11:00 Co ee Break
HIGH-LEVEL PLENARY
11:30 Presentation of “Brasília Declaration of Judges on Water Justice” Co-Chairs: • Denise Hamú (UN Environment Representative to Brazil) and TBA
12:00 Invitation to the 9th WWF in Dakar •Justice Mamadou Camara (President, Supreme Court of Senegal)
CLOSING HIGH-LEVEL PLENARY
12:15 Water Justice: Present and Future Challenges Chair: • Justice Laurita Vaz (Chief Justice, National High Court of Brazil - STJ) Keynote Address: • Raquel Dodge (Attorney General of Brazil)
13:00 Closing of the Judges and Prosecutors Subprocess Conference Chair: • Ambassador José Antônio Marcondes de Carvalho (Chief Environmental Negotiator of Brazil, and Deputy Minister of Foreign A airs for the Environment, Energy, Science and Technology, Brazil) Keynote Addresses: • Minister Aloysio Nunes Ferreira Filho (Minister of Foreign A airs of Brazil)
13:30 Lunch
SPECIAL SESSION THE GLOBAL PACT FOR THE ENVIRONMENT
14:30 A Multi-Stakeholder Dialogue Hosted by IUCN Chair: • Minister Reinaldo Salgado (Coordinator, 8th World Water Forum Political Process and Director, Department for Environmental Sustainability Ministry of Foreign A airs, Brazil) Opening Addresses: • Yann Aguila (President, Environment Commission of the Club des Juristes, France) • Minister Izabella Teixeira (Former Minister of the Environment of Brazil, 2010-2016) • Ambassador Xavier Sticker (Ambassadeur Délégué à l’Environnement, France) Speakers (in alphabetical order by last name): • Catarina de Albuquerque (Former UN Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation, and Executive Chair, Sanitation and Water for All, Portugal) • Scott Fulton (President, Environmental Law Institute, USA) • Ricardo Piquet (President, Museum of Tomorrow, Brazil) • Jorge Viñuales (Professor, Cambridge University, UK)
16:10 Co ee Break
16:30 Introduction to the 1st WCEL International Water Justice Moot Court Welcoming Remarks: • Denise Antolini (Professor of Law & Associate Dean for Academic A airs, William S. Richardson School of Law, University of Hawaii, USA, and Coordinator of the 1st WCEL International Water Justice Moot Court) Introductions of the Presiding Judges of the "International Court of Justice" Co-Presidents of the Court: • Justice Ragnhild Noer (Supreme Court of Norway and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Justice Sergio Muñoz (Former Chief Justice, Supreme Court of Chile) Members of the Court: • Justice Imane Elmaki (Supreme Court of Morocco) • Justice Chirawan Khotcharit (Environmental Division, Supreme Court of Thailand) • Justice Brian Preston (Chief Judge, Land and Environment Court of New South Wales, Australia and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Justice Emmanuel Ugirashebuja (East African Court of Justice, Rwanda and Member, Interim Governing Committee, Global Judicial Institute on the Environment) • Justice Michelle Weekes (High Court of Barbados and Member, Interim Governing Committee, Global Judicial Institute on the Environment)
17:00 Oral Arguments by Global Law Students • Matija Kajić (Utrecht University, Netherlands; representing the European Union) • Phyllis Kasyoka (Strathmore Law School, Kenya; representing the African Union) • Miranda Steed (William S. Richardson School of Law, University of Hawaii, USA; representing the Organisation for Economic Co-operation and Development) • Tawhiao McMaster (Te Piringa Faculty of Law І Te Whare Wānanga o Waikato, New Zealand; representing the Alliance of Small Island States) • Hiba Fatima Hassan (Lahore University of Management Sciences, Pakistan; representing the South Asian Association for Regional Cooperation) • Nathalia Montemagni Pires (University of São Paulo, Brazil; representing the Organization of American States)
18:15 Expert Commentary Speakers: • Mara Tignino (Professor, Faculty of Law, University of Geneva/Geneva Water Hub) • Maria Luiza Machado Granziera (Professor, Catholic University of Santos, Brazil) • Michel Prieur (Professor, University of Limoges, and President, International Center of Comparative Environmental Law – CIDCE, France) Emmah Wabuke (Professor, Strathmore Law School, Kenya)
19:00 - 19:30 Closing Remarks & Recognition of Judges, Students, Advisors, Experts Speaker: Denise Antolini (Professor of Law & Associate Dean for Academic A airs, William S. Richardson School of Law, University of Hawaii, USA, and Coordinator of the 1st WCEL International Water Justice Moot Court)