State's obligation to preserve bio-diversity

The Sundarbans is at high risk of losing its precious bio-diversity due to the government's inaction in the face of devastating oil-spills in the Shela river. That the government is totally negligent in preserving the bio-diversity and healthy ecosystem of the reserved forest is evident from its permission of commercial vessels to go on, with its potential risks of harming the biodiversity, through the Shela and other rivers of the Sundarbans.

 The government's adamant decision to construct the coal-based power plant at Rampal, in the vicinity of the Sundarbans, is another bitter example of sheer negligence towards its ecological importance. Not only the toxic gases that will be emitted from the plant but also other collateral activities like traffic movements, oil and chemical spilling and dredging will endanger the ecosystem of the Sundarbans. The recent oil-spills in the Shela River and its terrible consequences to bio-diversity demonstrate the magnitude of the risk. It can be considered as a prologue to the imminent dangers of the Rampal power plant construction and its operation. In the absence of any sophisticated technologies in case of such dangers, the Sundarbans is at high risk.

The above circumstances of the Sundarbans violate the principle of intergenerational equity propounded by Edith Brown Weiss. She said, “All generations are inherently linked to other generations, past and future, in using the common patrimony of natural and cultural resources of the planet. Each generation is both custodian and user of the common natural and cultural patrimony.” 

The principle of intergenerational equity has been reiterated in various leading international legal instruments that emphasise on adopting proper plans and management strategies ensuring conservation of biological diversity for the benefit of present and future generations. The Ramsar Convention, 1971, The World Heritage Convention, The Convention on Biological Diversity, 1992 are some of the international treaties to which Bangladesh is a signatory party.

The principles endorsed in these international legal instruments have also been incorporated in Bangladesh's domestic environmental law regime.  The Bangladesh Environment Conservation Act, 1995, the Environment Conservation Rules, 1997 etc., for example, embody principles of conservation and the duty of state in this respect. In addition, Bangladesh also constitutionally pledges to preserve the bio-diversity in Article 18A of its constitution. 

Therefore, both under international and domestic legal regime, Bangladesh bears the responsibility to preserve the Sundarbans, which is unique  with wide varieties of flora and fauna, and significant for ecological processes, monsoon rains, flooding, delta formation, tidal influence of the region etc. To be specific, the Ramsar Convention concerning the conservation of wetlands of international importance promotes 'wise use' concept and seeks 'maintenance of their ecological character, achieved through the implementation of the ecosystem approaches' with a view to conserving and using wetlands and their resources in a sustainable manner. On the other hand, the World Heritage Convention requires the establishment of an effective system of collective protection of the cultural heritage.  The Convention on Biological Diversity requires each state party to establish a system of 'protected area or areas' where special measures need to be taken to conserve biological diversity.

The incumbent government is under national and international, legal and moral, obligations to adopt sustainable plans and strategies required for the proper conservation and protection of the unique biological diversity of the Sundarbans.