Japan-backed energy plan challenged in court
Why IEPMP-2023 should not be reconsidered HC rule
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In a groundbreaking legal move, Bangladesh has become the first South Asian country to challenge the legality of a Japan-backed fossil fuel-based power plan with the Supreme Court (SC), marking a historic step towards climate justice.
A writ petition has been filed with the SC challenging the legality of the 'Integrated Energy and Power Master Plan (IEPMP) 2023' recently.
The plan directly contradicts Bangladesh's Climate Prosperity Plan, and violates the Paris Declaration on Aid Effectiveness.
'Lawyers of Energy Environment and Development Limited (LEED)', a social enterprise advocating energy security and environmental protection, represented by its Chairman Advocate Monera Haque Mone, filed the petition.
The IEPMP 2023, which heavily relies on fossil fuels such as coal and LNG (30.7pc) along with advanced technologies like liquid hydrogen and ammonia (32.8pc) by 2050, directly contradicts Bangladesh's Climate Prosperity Plan, which envisions 100 per cent renewable energy by the same year, according to the petition.
The IEPMP continues its reliance on fossil fuels threatens both environmental sustainability and the health of future generations, as fossil fuel emissions are a primary driver of climate change, contributing to extreme weather events such as floods, cyclones, and droughts - challenges to which Bangladesh is particularly vulnerable, the petitioner asserts.
"There is a serious lack of transparency and accountability in the IEPMP formulation process. Neither JICA nor the government disclosed the project's budget, which clearly violates the Paris Declaration on Aid Effectiveness.
A total of 47 Japanese experts are involved directly with the IEPMP formulation process without involving any Bangladeshi expert.
The Institute of Energy Economics, Japan ( IEEJ) and Japan International Cooperation Agency (JICA) have not organized any consultation meetings in different zones of Bangladesh; energy users, Renewable Energy (RE) developers, small business, domestic consumer, ethnic minorities, gender groups and youths have not been consulted in the process."
It also violates sections of the Environment Conservation Act and the spirit of Article 18A of the Bangladesh Constitution, which emphasises the right to a healthy environment for current and future citizens.
However, upon the initial hearing, a High Court bench comprising Justice Fahmida Quader and Justice Mubina Asaf on Tuesday issued a rule calling upon the respondents to explain why the IEPMP 2023 should not be reconsidered taking account from representation of Ministry of Environment and BELA.
It also wanted to know why the respondents should not be directed to consider and implement the Climate Prosperity Plan (CPP) 2022-2041 approved by the government in light of various International Treaties entered into by Bangladesh in capacity of State.
Power Secretary, Environment Secretary, Chairman of Sustainable and Renewable Energy Development Authority (SREDA), Chairman of Bangladesh Energy and Power Research Council (BEPRC), Director General of Power Cell, Director General of Department of Environment, Managing Director of Bangladesh Climate Change Trust and others have been made respondents in the rule.
Barrister Abdullah Mahmood Hasan, Barrister Abdullah Al Noman and Advocate Shimon Raihan, also the members of LEED, took part in the hearing of the writ petition.
Barrister Noman told the FE that many countries including India and Nepal have fossil fuel based power plan. However, Bangladesh is the first South Asian country where this plan faces legal challenge, he added.
The lawyer further said this legal battle aimed to ensure Bangladesh upholds its constitutional commitment to a healthy environment and its international obligations under climate agreements like the Paris Agreement and the UN's Sustainable Development Goals (SDGs).
This case mirrors the pioneering climate lawsuits filed by citizens worldwide, including a recent action taken by children in South Korea against their government's climate policies. It stands as a monumental step towards climate justice in South Asia and sets a vital legal precedent for holding governments accountable for their climate inaction, he added.