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Environmental Justice and Governance are part and partial of a crucial mechanism in advancing environmental protection agenda in the country. The focus involves pertinent issues such as;
1) Legal and Rights education
2) Public Participation
3) Access to information and
4) Access to justice
Malaysian environmental governance involves various policies, laws and systems i.e. National Environmental Policies, National Physical Plan, RMK9, Structure and Local Plan, EQA, EIA, Town and Country Planning Act, Local Government by Law and guidelines etc. It involves all actors such as the Federal, State and Local Government, Ministry, Department and Enforcement Agencies, Law Institution, Industries, CSOs and local communities.
Awareness and understanding of the Malaysian community at large on environmental governance are very low. The use of existing policies, legal mechanisms and various administrative process to seek environmental justice is very minimal. This can be seen by number of feedback received by government public participation in the EIA and Structure Plans processes. How ever due to effort by Malaysian CSOs the awareness is increasing and does create a better check and balance regime in the country. This effort should be enhanced.
How ever it is also recognize that there are gaps in the law, administrative process and underlying poor political will that hinders the development of progressive environmental governance in Malaysia. One such example is the use of Official Secrets Act and the absence of Freedom of Information Act that has curtailed public knowledge and participation in seeking environmental justice. NGOs had been actively involves in advocating for new policies and laws, involves in consultation and provide feedback and even involves in the drafting and amendments of new and old laws and policies to further strengthen environmental governance in Malaysia.
Malaysia’s obligation under a number of key MEAs such as the Rio Declaration particularly in relation to Principle 10 (P10) provided leverage for CSOs to advocate for greater environmental governance in Malaysia. Strengthening existing initiative by MENGO members through collaborative efforts i.e. documentation of success stories and new initiative such as capacity building for whistle blower and creation of ombudsman platform are worth a while initiative to be championed by MENGO.
MENGO as a collective network of Environmental NGOs, through collaborative resources within MENGOs should address the gaps (the preceding paragraphs have not identified any gaps) and facilitate a greater role of CSOs and public in seeking environmental justice and enhancing environmental governance in Malaysia.
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