Background

Among several challenges identified in ensuring effective implementation of environmental law in Indonesia is the need to develop an effective system for adjudicating environmental cases. In addition to possible changes in the law, this involves initiatives to train and certify judges who will take on environmental cases, as well as the development of guidelines for environmental cases and institutionalize a training program in aid of the certification process.

In the past, the Asian Environmental Compliance and Enforcement Network (AECEN) worked with various judiciaries and assisted them address specific capacity priorities through twinning partnerships with judiciaries which had exemplified good practices and had undertaken innovative solutions addressing similar challenges.

To support the Supreme Court of Indonesia and key partners in their capacity strengthening program, AECEN, with support from the ECO-Asia project, will be facilitating regional exchanges linking the Indonesian judiciary with counterparts from the Philippines. The Philippines designated environmental courts in 2008 and had since developed its own rules for handling environmental cases. Led by the Philippine Judicial Academy under the Supreme Court, the country had also undertaken a more programmatic approach to training judges to handle environmental cases more effectively.

Under this twinning arrangement, the two judiciaries will share experience and expertise on the creation of the guidelines on handling environmental cases and on developing the curriculum for training judges under the environmental certification program. This will provide a platform for possible replication of key ideas and policies within the region.

Program Objectives

On 24-28 May 2011, the Indonesia Supreme Court, the State Ministry of Environment and partners will conduct an observational program in the Philippines.

Hosted by the Philippine Supreme Court and PHILJA in partnership with AECEN, the principal objectives of the regional exchange are as follows:

1. Share Philippine experience in designating environmental courts and developing the rules for handling environmental cases;
2. Present in detail PHILJA’s training program for judges in environmental adjudication and share manuals and assessment;
3. Identify specific processes and provisions which are useful for Indonesia in developing their own guidelines and training program;
4. Gather insights on scope, coverage and methodologies used by PHILJA through observation of an actual environmental training of judges ;
5. Discuss with other stakeholders in the Philippines who contributed to the efforts of the Supreme Court towards improved environmental adjudication;
6. Agree on next steps to continue and enrich exchanges and dialogues between partners.

Participants

Participants to the observational program will include representatives from the working group led by the Indonesian Supreme Court. Possible composition of Indonesian participants could be 2 justices from the Supreme Court and senior officials from the Indonesian Judicial Training Institute, State Ministry of Environment, and other key partners. Total number of delegates will be up to a maximum of 6.

Date: 24-28 May 2011

Location: Manila and Angles City, Pampanga, Philippines

Organizers: Philippine Supreme Court, Philippine Judicial Academy, Indonesia Supreme Court, Indonesia Ministry of Environment, Asian Environmental Compliance and Enforcement Network, United States Agency for International Development.