SPAN Roundtable Discussion on Amending the Federal Constitution to recognise the Right to a Safe, Clean, Healthy and Sustainable Environment

We were ecstatic when our friend, YB Charles Santiago, and his ASEAN Parliamentarians for Human Rights (APHR) team raised their eyebrows curiously during one of our casual meetings. When asked about project ideas, we mentioned that countries are currently looking to entrench environmental human rights into their constitutions (per the United Nations General Assembly resolution last year which declared that access to a clean, healthy, and sustainable environment is a universal human right). Charles immediately decided this was something to act on in Malaysia as well.

Two months later, Charles, as the Chairman of the Suruhanjaya Perkhidmatan Air Negara (SPAN) convened a roundtable discussion (“RTD”) together with Kiu & Co. We invited Professor Emeritus Datuk Dr. Shad Saleem Faruqi, Tunku Abdul Rahman Chair, University of Malaya, to share his views on this Constitutional Amendment. We also invited our friends from different civil society organisations, such as the Centre for Orang Asli Concerns, PEKA, Gabungan Darurat Iklim and the Free Tree Society, to socialise the idea of amending our Federal Constitution. SUHAKAM commissioners, Professor Dato’ Dr. Rahmat Mohamad and YM Tengku Mohamed Fauzi, also joined the RTD in support.

The purpose of the RTD was to kickstart the process of effecting this systemic change. Prof. Shad started the presentations by speaking about the philosophical and constitutional basis for the Right to a safe, clean, healthy, and sustainable environment. Jia Yaw presented the significance of enshrining environmental rights in the Federal Constitution. Aishwarya also spoke about the need to enact Malaysia’s own Climate Change Act, which may also empower citizens to seek for stronger climate action from the government.

After the presentations, the attendees were invited to share their feedback and to develop strategic pathways to affect this amendment. There were some notable suggestions, such as looking into regional practices and international treaties such as the Aarhus Convention (on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters). There was also a suggestion to continue our efforts from last year’s APHR Event for MPs to pledge their recognition of this right. Read more here: https://www.kiu-co.com/copy-of-news/a-quick-and-dirty-campaign-in-parliament-for-the-right-to-a-clean-%26-healthy-environment

The RTD concluded with a game plan to further campaign for this important amendment. It was inspiring to see how supportive and onboard everyone was, which proves that this is something to keep championing until this fundamental right is recognised.