Dhaka: 08 January 2022:

Ministry of Foreign Affairs arranged a webinar under its MOFA Telegram series (No: 3) on the legal personhood of rivers. Titled, “Legal Personhood of River”, the keynote was presented by Mr. Md. Asharaful Kamal, Honorable Justice of the High Court Division of Bangladesh Supreme Court - the Hon. Judge who had delivered the judgment on the Turag River in 2019. In his presentation the Hon’ble Justice highlighted the importance of this landmark ruling by the High Court Division (HCD) that granted 'legal personhood' to all rivers, declaring that all rivers in Bangladesh are entitled to legal protection under the Public Trust Doctrine (PTD). Citing loco parentis, the judgment also included 17 key directives to the Executive for dealing with river pollution and encroachment issues and for the survival of rivers as continuing ecosystem elements. Because of these directives, river polluters have been banned from participating in the elections, the National River Conservation Commission as the 'guardian' of all rivers has been established, and polluters have been barred from receiving bank loans, amongst other measures.

The concept of the ‘legal personhood of river’ is based on the legal recognition of the planetary ecosystems and other non-human entities as legal persons which have legal rights to protect the environment. Proponents of the concept argue that legal systems should recognize the inherent value of the environment, including its own survival as well as its enrichment. This means that certain entities cannot be harmed, corrupted or degraded without their consent. For example, granting personhood status to ecosystems and animals can lead to greater protection from environmental degradation as well as a stronger voice in environmental decision-making. Against this backdrop, diplomats, scholars and activists are pushing to give nature a legal personhood, with some countries such as Ecuador and Bolivia recently passing laws recognizing rights of the nature.

Foreign Secretary (Senior Secretary) acknowledged the importance of the verdict. He mentioned that Bangladesh had joined, with this remarkable verdict, a growing number of communities, tribal nations, and countries, in securing a new form of legal protection for nature which recognizes that nature is a living entity with legal rights.

The webinar was conducted by the Director General of International Trade, Investment and Technology and ICT wings of the Ministry of Foreign Affairs, Dr. Syed Muntasir Mamun. The Director General in his speech highlighted how this important verdict of the High Court Division is very much in line with Bangladesh’s strong commitment to upholding the rights of all - and maintaining the autonomy and agency of the human ecosystem under the guardianship of the public. Senior officials of the Ministry of Foreign Affairs and Bangladesh Missions abroad participated in the webinar.