Bangladesh declares its rivers 'legal persons'

[Black_cats]

Bangladesh declares its rivers 'legal persons'

Bangladesh is criss-crossed by rivers which are inextricably entwined with the health of the nation. (AFP)

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AFP
Published Tuesday, July 2, 2019 11:35AM EDT
Bangladesh's high court has granted the country's rivers the rights and status of "living entities" in a bid to save them from encroachment, a lawyer said Tuesday.

The court on Monday published a landmark verdict on a 2016 petition filed by a Dhaka-based rights group, saying all of the country's hundreds of rivers would now be treated as legal persons, litigator Manzil Murshid said.

"We filed the petition to save our rivers from powerful encroachers. The court has declared that all the rivers should now have the same rights as legal persons or living entities," he told AFP.

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The verdict came just months after the country, much of it criss-crossed by thousands of streams, tributaries and rivers, became the fourth nation after Colombia, India and New Zealand to honour its waterways with such status.

The court appointed the country's River Conservation Commission as the legal guardian of all waterways and directed other state agencies to fully assist them.

Experts said the verdict would save rivers from illegal encroachment in the densely populated country of 165 million people and where land is precious as gold.

They said many of the country's rivers are struggling to survive thanks to illegal sand dredging and large-scale industrial pollution.

"This verdict is very good news for us. We hope the commission can now work freely and save the rivers from premature deaths," said Sheikh Rokon, a spokesman for the Riverine People group.

He said the high court would empower the commission to take strict action against encroachers, polluters and illegal dredging companies.

National River Conservation Commission of Bangladesh chairman Mujibur Rahman Howlader said the "unprecedented order would help the vast ecology and biodiversity" of Bangladesh's rich river system.

"We feel strengthened. It reminds us the rivers are not anybody's property. We can now enforce a zero-tolerance policy against encroachers," he told AFP.

Bangladesh's river transport authority has already started a massive eviction drive along the banks of the rivers around the capital Dhaka, demolishing over 4,000 illegal establishments since January.

The authorities have recovered some 190 acres (77 hectares) of land during the drive.

Most of Bangladesh's rivers are branches and tributaries of two main Himalayan rivers -- the Ganges and the Brahmaputra -- which flow through Bangladesh before reaching the Bay of Bengal.

https://www.ctvnews.ca/world/bangladesh-declares-its-rivers-legal-persons-1.4490552

 

[Bilal9]

Bravo to the National River Conservation Commission and the Bangladesh Inland Water Transport Authority (BIWTA)!

People (and activists) in these organizations are heroes in my book for fighting the battle in saving the environment! This is absolutely the right kind of battle to fight.

They should be awarded medals.

 

[nahtanbob]

novel concept - who gets to represent them ?

 

[Bilal9]

novel concept - who gets to represent them ?

The State will represent the rights of rivers going forward as they are now 'citizens' of the country. It will pursue cases and litigation against mostly industrial entities such as encroachers and polluters (for example) just like one citizen has the right to litigate against another for perceived/actual wrongs.

Most people outside Bangladesh are not aware how powerful some industrial encroachers and polluters are in Bangladesh. There has recently been significant action in demolishing large industrial structures and shipyards from riverbanks ongoing for a couple of years.

This is a major victory for the environment. We don't want to see the China environmental disasters repeated in our country.

Bangladesh is already in the forefront of establishing 'Green' LEEDS compliant apparel factories that use renewable energy and recycles its water for sustainable use. It is a source of significant pride for us as a nation.

 

[Goku]

Nice idea by government of Bangladesh

 

[nahtanbob]

The State will represent the rights of rivers going forward as they are now 'citizens' of the country. It will pursue cases and litigation against mostly industrial entities such as encroachers and polluters (for example) just like one citizen has the right to litigate against another for perceived/actual wrongs.

Most people outside Bangladesh are not aware how powerful some industrial encroachers and polluters are in Bangladesh. There has recently been significant action in demolishing large industrial structures and shipyards from riverbanks ongoing for a couple of years.

This is a major victory for the environment. We don't want to see the China environmental disasters repeated in our country.

Bangladesh is already in the forefront of establishing 'Green' LEEDS compliant apparel factories that use renewable energy and recycles its water for sustainable use. It is a source of significant pride for us as a nation.

you are assuming the state cannot be hijacked by polluters and others

 

[Bilal9]

you are assuming the state cannot be hijacked by polluters and others

Well that is what litigation does in a country with rule-of-law rather than a banana republic.

The rule of law establishes conformance with the articles of the constitution as far as citizens' rights. It accords citizens certain inalienable rights which was not applicable to rivers before, but now is.

Corruption and lobbying can do temporary harm and damage, but can be challenged in the courts to be righted.

Bangladeshis hold rivers dear to their hearts, rivers here are sustainers of life (pisciculture), irrigator of agriculture and vegetable crops and conduits of transport. Half of Bangladesh was built by mighty rivers which placed fertile alluvial deposits since time immemorial. This area became one of the foremost agricultural (and cultural) powerhouses in the region because of rivers.

The Ganges delta is one of the most fertile areas of all deltas globally. Rivers are the reason we grow so many bumper crops and sustain massive freshwater fish harvests.

 

[nahtanbob]

Well that is what litigation does in a country with rule-of-law rather than a banana republic.

The constitution establishes conformance with the articles of the constitution as far as citizens' rights. It accords citizens certain inalienable rights which was not applicable to rivers before, but now is.

Corruption and lobbying can do temporary harm and damage, but can be challenged in the courts.

Bangladeshis hold rivers dear to their hearts, rivers here are sustainers of life (pisciculture), of agriculture and vegetation and conduits of transport. Half of Bangladesh was built by mighty rivers which placed fertile alluvial deposits.

The Ganges delta is one of the most fertile area of all deltas globally. Rivers are the reason we grow so many bumper crops and sustain massive freshwater fish harvests.

everything is good in theory. the devil is in the details. who resolves conflicts over water usage ? conservation versus use versus flood control. how does someone set the cost of water ? you get the idea

 

[Bilal9]

everything is good in theory. the devil is in the details. who resolves conflicts over water usage ? conservation versus use versus flood control. how does someone set the cost of water ? you get the idea

Well yes there have been detailed studies with many local experts as well as bench-marking with low countries like the Netherlands since the 50's. We have adopted many water conservation and flood control ideas from them (their model is pretty much the best in this area) and there is plenty of funded and academic activity locally as far as hydraulic research.

No dearth of activity regarding dredging of rivers either.

There have been issues with other upstream countries as far as conflict of water usage (e.g. damming) but these can be resolved over time.

 

[Rusty]

Pardon my ignorance but doesn't Bangladesh rivers come from India?

We all know the state of the Holy Ganaga in India, how will Bangladesh deal with the literal Indian shit in the river?

 

[TacOps]

So if there's flooding in a river and it destroys the property of farmers, technically the rivers can also be sued? Lol.

Just a play for the galleries. Implementing such rights for an object which does not plethora of law and precedents similar to companies would be difficult at best.

 

[Nilgiri]

Well that is what litigation does in a country with rule-of-law rather than a banana republic.

Do rule of law countries have elections that produce 95% seat win results? Or is that more a banana republic thing?

 

[nahtanbob]

Pardon my ignorance but doesn't Bangladesh rivers come from India?

We all know the state of the Holy Ganaga in India, how will Bangladesh deal with the literal Indian shit in the river?

the amount of water overwhelms the shit

 

[Arthur]

novel concept - who gets to represent them ?

National River Commission.
It's an independent commission set up to oversee such matters.

 

[Rusty]

the amount of water overwhelms the shit

I mean, not really.
The water is still polluted and toxic for human health and habitation.