The Dilemma of a Green Constitution in Bangladesh : National Gaps and International Obligations 

The Constitution is mandated for a nation exhibiting the fundamental philosophy in the time of creating a country. The development countries most of the time would like to incorporate some provisions preserving the greenery nature of the country. Even the environmentalists sometimes make or work on some strategies which also preserve the constitution in the long run having lots of internal problems in a country. The Bangladesh government has taken no initiative to save our environment by our constitutional aspect though the initiative was not fruitful most of the times.

Observing the current scenario of Bangladesh people will see Bangladesh is not  in a good position in saving our environment despite our government is saying they are more cautious about our environment degradation and deforestation. After 5th August we saw many incidents that happened at the day light collapsing the nature and environment. The more horrible part is that our environmental policy does not align with the International conventions which were ratified by the previous government preserving biodiversity and ecology.

In the time of Awami Regime they also made a very impactful Act named Bangladesh Biodiversity Act,2017 which is literally a milestone for Bangladesh after our independence. Moreover in the time of Begum Khaleda Zia’s regime, more specific in the time after the 2000s , absolutely prohibited the usage of polythene everywhere in Bangladesh. Actually, this kind of pragmatic success in the sort of environmental issues have changed Bangladesh radically.

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This is the time our constitutional interpretation is being changed day by day. Harsh reality is that there is no obligatory portion or provision in our current constitution except Article 18 of Bangladesh constitution albeit this part of the constitution is not judicially enforceable under the article 8(2) of Bangladesh constitution. Eventually, these vacuum of legal provisions and lack of burdens make it a dilemma to implement the greenery constitution in Bangladesh.

However the person who talked more about the environmental degradation so much, ultimately she was very much aware about the constitutional measures and environmental protection named sayeda Rezwana Haque right now is working as environmental adviser in the interim government has been working for environmental protection.

But we saw that in Sylhet the environmental degradation by some culprits who destroyed the natural beauty of Volagonj, Sadapathar marked a very malafide example and hallmark in environmental devastation.

Ours Bangladesh is full of natural beauty and green sources though we can’t achieve the prospect to fulfill the international convention by protection our greenery sources. Having our credibility ,capability and administrative power it is our failure that we could not provide a sound environment till now.

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We the people who would like to establish a sound environmental measure and green constitution and already applied to Constituent committee for a well furnished constitution are now in a dilemma our proposal will accept or not. Because the current incident which already happened to the environment in recent times set a bad precedent in the history of Bangladesh.

We can know from the article 25 of Bangladesh constitution that our Policy always support the International conventions and the Bangladesh government will try its level best to save the international convention which is applied for saving the environmental aspects.

As Bangladesh ratified the Ramsar Convention and many watery sites in Bangladesh are now included as Ramsar Sites no rational cooperation can not be implemented which aligned with the international convention, resulting in the industrialists having been taking the loopholes of governments policy for saving nature.

It’s a matter of great success that the Bangladesh government made an Act named Balumahal and Soil Management Act, 2010 for the development of watery sites in Bangladesh. Initially the law was made only for protecting the Watery cites, canals, rivers, subway or river more exactly ensuring sustainable use of the wetlands. Henceforth Balumohol Act was being made to save the wetlands whose conditions are so critical and which will become extinct within a short time limitation.

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The government should control sand and soil extraction from riverbeds and wetlands to prevent ecological damage. By doing these activities and taking decisions Bangladesh Government has  implemented a praiseworthy measure but afterwards the activities has been stopped without any reasons. Despite hundreds of problems we believe that our green constitution will be implemented and the government will take an actionable effective agenda for ensuring a sustainable green constitution as per following international conventions and instruments.

While the Bangladesh government is taking action against the malpractices, some of the businessmen or industrialists are managing the branches of government which is working for reducing the problems by various means. We urge the government to take immediate action against the person who continuously violated our green environment. Hope by following prompt action we can get back our greenery

environment shaping our future. Having our lacking to implement the international treaties at least we should respect the avenues. Besides, the concerned parties take rapid action to ratify the jus cogens and make our national environmental law unique and authentic.

Writer : Faijul Islam; Lecturer, Department of Law, Prime University & M.Phil Researcher, University of Chittagong.