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Feature: China Improves Enforcement of Environmental Laws (3)

Posted on: Thursday, 6 October 2005, 09:00 CDT

Feature: China improves enforcement of environmental laws (3)

While the "economy-goes-first" mentality lingers on the minds of many local officials, environmental departments are expected to be watchdogs to form some counter-balance.

But this is not easy to realize in reality, as local environmental protection bureaus remain part of the local government, which controls their budget and staff, instead of reporting directly to SEPA.

"When you are opposed to a project out of environmental concerns, you have to think of the possible consequence, as your boss is certainly not in favor of your objection," says the SEPA official.

To change this situation, reforms in power structure have been started on a trial basis. For two years the provincial environmental protection administration of Shaanxi in northwestern China has required the local environmental bureaus at city and county levels to directly report to the provincial administration instead of local governments, so as to guarantee their independence to enforce environmental laws and regulations despite local administrative interventions.

Similar experiments have been carried out for the past ten years in dozens of large and medium-sized cities nationwide, such as Dalian, Ningbo and Xiamen. Further steps are being considered for SEPA, the theoretically highest body to enforce environmental laws and regulations, to set up monitoring mechanism directly at major sites of significant ecological or geographical values, lest local bureaus fail to function as they should.

An encouraging progress in China's enforcement of environmental laws lies in the greater public participation, evidenced by the emergence of environmental NGOs as among the most active players in China's growing civil society.

Domestic organizations like Friends of Nature have successfully launched high-profile environmental awareness campaigns among the general public for years.

On the individual level, more and more victims have resorted to law thanks to help from professionals like Prof. Wang and his colleagues. The fisherman from Chongqing remains unbeaten even though the local judge would not support him.

"I'm going to appeal my case to the highest court in Beijing if local courts fail to do me justice," he claims.

Source: Xinhua News Agency - CEIS

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