Protecting Bangladesh’s ecological heritage through law

The enactment of the Forest and Tree Conservation Act, 2026 marks a significant development in Bangladesh’s environmental law regime. The new law was promulgated at a time when climate change, deforestation, and ecological decay simultaneously threaten our biodiversity and sustainability. Importantly, it reflects Bangladesh’s constitutional and international engagement with environmental safeguards and intergenerational concern.

As the preamble of the Act states, the law was enacted for the purpose of conserving forests, biodiversity, and natural ecosystems. Article 18A of the Constitution of Bangladesh forms the basis of this enactment, which obliges the State to protect and improve the environment and to preserve and safeguard the natural resources, biodiversity, wetlands, forests and wildlife for present and future citizens. Though the Article is a non-justiciable one, falling within Part II of the Constitution, it serves as a polestar in lawmaking and interpretation of statutes. As such, the Act can be seen as a step forward in fulfilling the constitutional mandate.

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The success of the Forest and Tree Conservation Act 2026 depends not on its mere provisions but on their effective implementation. Bangladesh continues to face challenges with illegal logging, habitat destruction, encroachment and climate-induced ecological impact. The new law offers a valuable advantage to address these challenges through a comprehensive conservation strategy.

One of the key features of this Act is its alignment with the Convention on Biological Diversity (CBD), 1992. The legislation, under section 2, defines biodiversity, threatened species, invasive species, ecosystems and forest genres and thus recognises them as parts of environmental safeguards. The law is also coherent with state responsibilities under the CBD, which mandates conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the use of genetic resources. As a party to the CBD, Bangladesh is required to create legal and institutional measures for the protection of ecosystems and species. The Act contributes directly to fulfilling these obligations by strengthening the law for forest regulation, ecosystem repair and biodiversity conservation.

Moreover, the definition of ‘threatened species’ under section 2(10) draws upon the IUCN Red List, known as the world’s most comprehensive repository for assessing species’ conservation status. By classifying threatened species into ‘critically endangered’, ‘endangered’ or ‘vulnerable’, the legislation adopted internationally accepted conservation frameworks. This alignment also increases the efficiency of recognising conservation priorities and formulating evidence-based environmental policies.

Finally, we should remember that the Act stands indebted to Dr. Mohiuddin Farooque v Bangladesh (1996) case, in which the High Court Division held that the constitutional right to life under Article 32 encloses the right to a healthy and protected environment. The Court held that environmental preservation is essential for preserving meaningful human life and directed public authorities to enforce environmental laws efficiently. Notably, this landmark judgment transformed environmental safeguards from a mere policy aspiration into an enforceable fundamental right. It also paved the way for the insertion of Article 18A in the Constitution, which now forms the basis of the present Act.

The success of the Forest and Tree Conservation Act, 2026 depends not on its mere provisions but on their effective implementation. Bangladesh continues to face challenges with illegal logging, habitat destruction, encroachment and climate-induced ecological impact. The new law offers a valuable advantage to address these challenges through a comprehensive conservation strategy. Finally, the Act illustrates more than a reform of forest law. It is a promise to safeguard Bangladesh’s ecological heritage, completing constitutional responsibilities, honoring international obligations, and ensuring that future generations inherit a healthier and resilient environment.

The writer is an LLM candidate in International Law, University of Rajshahi.