Steps forward, and a step back

However, one article has proved to be a bad apple in the barrel. Article 48 has sparked a furious public outcry, as it is regarded as a regressive move. The article would restrict the filing of public interest lawsuits to a government-affiliated body, the All-China Environment Federation and its provincial-level subsidiaries. This has been fiercely criticized by experts, NGOs and the public, who claim the article undermines the purpose of the amendment.

Certainly it is rare to see a law directly empower a single organization in its articles in this way. And making a single organization the sole vehicle for the public's interests hinders public participation, especially the participation of environmental protection NGOs, in protecting the environment.

Less than 1 percent of environmental disputes have been settled through judicial channels since 1996, a retired official with the environment ministry told State media last year. Giving the federation a monopoly on environmental litigation is unlikely to change that, as its relations with the government mean it will not be independent, especially since it is environment protection departments at all levels that are being taken to court.

The federation's complicated relations with the environmental protection authorities and enterprises have led to accusations that it covers up for polluters and engages in rent-seeking. The federation's ties with enterprises have also caused concern. There have been media reports that some polluting enterprises pay membership fees to the federation. The federation also runs a company named ACEF (Beijing) Environment Protection Co Ltd, which provides environmental assessment services to construction projects.

Moreover, as a country with vast territory and a huge population, it is unfeasible to expect the All-China Environment Federation and its eight local federations to be able to cope with countless, time-and-money consuming cases involving the public interests. Grassroots environmental protection NGOs, which are more familiar with local situations, have fewer conflicts of interests and are more accessible to the public, should also be able to bring environmental cases to court in the public interest. Closing the day on them is counterproductive.

Therefore it is imperative that there is a revision to article 48 of the second amendment so that legally registered environmental protection groups are also allowed to act in the public's interests in court proceedings. And it is expected that amended law itself will be put into effect at an early date.

The author is a writer with China Daily. wangyiqing@chinadaily.com.cn

(China Daily 08/16/2013 page8)