The need to form special branches for air pollution in the judicial system/clean air laws are repeatedly violated

Mohammad Mahdi Ghamami, a member of the faculty of Imam Sadiq University (AS), in a conversation with the legal reporter of Fars News Agency, added: According to Article 50 of the Constitution, the environment is not only the right of the people today, but also the right of future generations.

He continued: We must try to protect the environment because this will increase the quality of our lives and the quality of life of future generations. In this field, we have a right and duty, it is our right to benefit from healthy air and environment, and it is our duty to try to preserve the environment so that future generations can use it.

Ghamami said: Of course, it is not only our right to have healthy air, but we also have the right to have the climate, water, soil, sea and mountains. In fact, the entire environment around us, including the animal environment and the water and soil environment of the sea and river, which if If we can maintain them with proper quality, we can bring a healthy life for ourselves and for our children and future generations.

A member of the academic staff of Imam Sadiq University (AS) emphasized this point and said: In the field of environment, there is not only a clean air law, but there are many laws that are unfortunately being violated continuously. It is necessary to amend the laws and regulations of this area.

He continued: “One of our other serious issues is the issue of waste management. There are different types of waste, including normal waste such as the waste that citizens put in the water streams and on the side of the street, which is an important and threatening factor. Other waste can be Let’s mention the construction, hazardous, hospital, toxic and radioactive waste, each of which is an important and threatening factor, so our environment is not only threatened by temperature inversion and dust pollution, and waste management is one of our problems in This is the field.

Ghamami added: The waste management law dates back to 1982, but after many years have passed since this law was passed, there are still problems in the environment and they have not been resolved, so special attention should be paid in this field.

Ghamami, in response to the question of the Fars News Agency reporter, whether the Think Tank of Human Rights and Citizenship has taken any action in the field of clean air or waste management and other problems or not, added: The conference that was held in the field of human rights and citizenship (public rights) was one chapter of it. It was about the environment. In general, we had about 86 selected articles, of which 12 articles were related to the issue of citizens’ environment. The conference on human rights and citizenship in general focused on healthy climate, soil, water, and issues that can destroy the environment in general, such as forest eating, mountain eating, and sea eating. These three cases are serious examples of violation of public rights and we have carried out serious activities in this area, such as the clean air law was examined and we noticed its serious shortcomings and we also followed up with the relevant institutions.

He continued: “Unfortunately, many institutions do not fulfill their obligations in the field of implementation, for example, the standards organization has not established the necessary standards in this field.” According to the Clean Air Law, the Head of the Judiciary should create special branches for the subject of this law, which has refused to do so, and these special branches have not been created.

Ghamami said: Another shortcoming is having an extraterritorial view of environmental pollution, including air pollution. Today, a significant part of the air pollution in cities is caused by fine dust, which is caused by actions that violate international documents, including the desertification convention. It has created us and has caused a decrease in water flow to Iraq and Iran, and as a result, rivers have dried up and dust has appeared in Khuzestan.

He continued: In addition to the Gap project in the western borders of the country, Turkey has created the Gap 2 project in the eastern borders of our country and in Afghanistan, which has led to the drying of Sistan and we are witnessing the intensification of the 120-day winds in Zabul. These projects end here. They can’t, but Turkey has initiated a similar project on our border with Azerbaijan, and it is actually illegally harvesting the water reserves of that region, and that is one of our serious threats. We must have environmental diplomacy so that water, soil, etc. are not threatened and we do not lose the quality of the environment of our citizens.

Regarding the issue of how people can demand their rights in the field of water, soil, etc., Mohammad Mahdi Ghamami said: There are various mechanisms, including that people can use the capacity of principle 8 and use different devices Individual or organized, present their own specialized approaches and follow up and persist in their demands. The second mechanism is to use the capacity of Article 90 of the Constitution. According to this article, they can complain about the functioning of the parliament and the legislative branch of the judiciary and they can demand that the enacted law has not been implemented or the law has not been enacted.

In the end, Ghamami added: the judiciary has issued a directive under the title of the directive for the pursuit of public rights in 1995 first by the Attorney General of the country and in 1997 by the head of the judiciary that dear people can use this directive, and of course there is supposed to be a judicial bill in this The area should be prepared, the government and the judicial authorities are pursuing this issue, hoping that this issue will happen sooner than later.

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