WCC 2020 Res 037 - Progress Report

Results/Achievements in the reporting period:

2020:

The publication of the manual entitled "Judicial manual of environmental law for the use of magistrates of Madagascar" by the National School of Magistrates and Registrars of Madagascar (ENMG) and the integration of environmental law in the curriculum of initial training of future magistrates
The publication of the manual entitled "Malagasy Judicial Manual of Environmental Law for Magistrates" in November 2020 reflects the willingness of the National School of Magistrates and Registrars of Madagascar (ENMG) to give priority to environmental issues.
Supported by the Institut de la Francophonie pour le Développement Durable (IFDD), the development of this manual is part of the project to integrate environmental law courses into the training curriculum of magistrates within the ENMG of Madagascar. This initiative is part of the dynamics underway in the world, under the impetus of international institutions including the IFDD, the UN Environment and the International Union for Conservation of Nature (IUCN), to involve the judiciary in the implementation of environmental law through the inclusion of this discipline in the training of judges.
Since the conception of this manual, the emphasis has been put on the production of a general and versatile didactic work allowing to support, on the one hand, the initial training so that it can be used by the trainer as well as by the student magistrate, and on the other hand, the continuous training for the reinforcement of the capacities of the magistrates exercising in jurisdiction in this field.
For the judicial trainer, this manual can serve as a useful source of inspiration to guide his or her teaching, while providing case studies and practical elements to enrich discussions and reflections related to the implementation of international and national environmental legal rules in force.
For magistrates practicing in court, this manual allows them to strengthen their capacity in this area by helping them not only to know which legal rule is applicable to judge and treat in an objective and sustainable manner the environmental disputes that are submitted to them, but also to better understand the scope and limits of these legal systems. This manual highlights the consecration of environmental mechanisms and principles in Malagasy positive law, the role of judges in the construction of the environmental rule of law while providing reflections on environmental governance. It can thus enlighten the religion of judges in their mission of interpretation of the law in case of legal gaps, and this, in favor of the development of a Malagasy environmental jurisprudence.
The objective of this manual is thus to provide both future magistrates and magistrates in jurisdiction with the necessary legal knowledge on the subject by offering them an overview of some of the international conventions on the environment ratified by Madagascar and the various national legal mechanisms for implementing the said conventions.
2
This manual is the first of its kind in Madagascar and its production will undoubtedly contribute to a real progress for the integration of environmental law in judicial habits and the effective implementation of this law, so that the country can better engage in the path of sustainable development. The manual is available at the following link: https://www.ifdd.francophonie.org/publications/manuel-judiciaire-du-droit-de-lenvironnement-a-lusage-des-magistrats-de-madagascar/.

2021:

The National School of Magistrates and Registrars (ENMG) of Madagascar with the financial support of the United Nations Development Program (UNDP) through the GOUDMADA project, organized the training of magistrates members of the Anti-Corruption Poles as well as those of the Supreme Court, from October 5, 6 and 7, 2021. The objective of this training is to strengthen the capacity of about 40 magistrates on environmental crime and wildlife trafficking.
This training on the fight against environmental crime is the logical continuation of the edition of the manual entitled "Judicial Manual of Environmental Law for the use of Magistrates of Madagascar".

2022:

The USAID-funded Combatting Corruption and Wildlife Trafficking project, implemented by the consortium of Transparency International Initiative Madagascar (TI MG), TRAFFIC, Alliance Voahary Gasy (AVG) and led by WWF, has the overall goal of reducing corruption in the natural resource sector in order to improve conservation outcomes and impacts in the timber and wildlife value chains.
Within this framework, the project consortium (WWF, AVG, TIMG and TRAFFIC), the National School of Magistrates and Registrars of Madagascar (ENMG), the Independent Anti-Corruption Office (BIANCO), with financial support from USAID through the Conservation and Communities Project (CCP), are conducting a training needs analysis for magistrates in 2022 to
- Identify the themes that respond to the needs of magistrates in the fight against corruption and wildlife trafficking
- Strengthen the capacity of the judiciary in the relevant areas identified for the fight against corruption and wildlife trafficking, particularly the trafficking of turtles and precious woods.
- To perpetuate capacity building through integration into the ENMG's continuing education program.

Furthermore, WCEL established in 2022 a Taskforce with the objective to formalize the cooperation with the GJIE. Also, we have included in our Steering Committee the current president of the Institute.
During 2022, we have planned and organized several events in collaboration:
2nd World Environmental Law Conference, Rio, 2021 Global Judges Symposium at Stockholm+50, June 2022 Plenary Judicial Roundtable. Oslo, October 2022 and several more.

In October 2022, the IUCN WCEL hosted the Meeting of the Board of the GJIE.