Even kids may sue LGUs violating environment laws

CEBU, Philippines - Since environmental rights are human rights, even children can sue local government units and their officials who have violated the Solid Waste Management Act.

If LGUs have failed to promote understanding that makes communities change their attitudes towards the environment and if these LGUs have failed to form partnership that ensures safe and healthy environment for all people most especially the children, then the latter could make initial legal action in the form of demand letters.

These demand letters should cite how far and how poorly have the officials complied with the solid waste management law in their respective jurisdictions.

Lawyer Gloria Estenzo Ramos of the Global Legal Action on Climate Change said that as sustained by the Supreme Court, even children have the legal personality to sue officials on environmental issues.

The officials will be asked to reply within 10 days. Such move is preparatory to the filing of the appropriate administrative, civil and criminal cases.

Yesterday for example, pro-environment legal petitions against government agencies and local officials were sent simultaneously in line with the observance of the United Nations’ World Environment Day.

Around 300 lawyers all over the country, who are determined to push further the bid for a clean environment, have taken a stand and have filed their petitions as part of the economic revolution to stand up for life and sustainability.

Here in Cebu, non-government organizations, the youth and pro-environment groups in coordination with lawyers presented their citizen’s petitions, manifesto and letters yesterday before these were filed formally.

The demand letters were addressed to the country’s local officials and around 20 government agencies. On the list are the mayors of Toledo City, Minglanilla and Naga; the mayors of seven LGUs hosting the Mactan Channel Ecosystem; and the Governor of the province of Cebu with regards to their level of compliance with the solid waste management law.

The said petitions were classified under the five areas of concern - land, air, water, energy and the sea which are the “basic life support systems that are being destroyed.”

Environment lawyer Antonio Oposa, who is in Manila, led the legal assault in an attempt to find out how far government officials have complied with the environmental laws.

This year’s observance of the World Environment Day focused on adaptation and mitigation measures in dealing with the effects of climate change.

This reflects the urgency for nations to come up with a new agreement at the Crucial Climate Convention in Copenhagen later this year, and the links with overcoming poverty and improved management of forest.

The main objective is to enhance public awareness, knowledge and action towards the importance of conserving and managing the environment; and also to give a human face to environmental issues, and empower people to become active agents of sustainable development. — Johanna T. Natavio/MEEV