Every hectare of fertile land converted to concrete and steel represents a loss of part of Iran’s food production capacity, a reduction in biodiversity, and the erosion of intergenerational capital.
In the era of climate change, these losses are not merely economic; they also carry security, social, and human rights dimensions.
Article 50 of the Constitution stipulates that environmental protection is a general duty and prohibits any economic or other activity that entails pollution or irreversible environmental damage.
Also, pursuant to Article 156 of the Constitution, the restoration of public rights is among the inherent duties of the Judiciary.
According to KhabarOnline, therefore, confronting the destruction of natural resources and unlawful land-use changes is not simply an administrative responsibility; it is a clear instance of restoring public rights.
Despite multiple laws, including the Law on the Preservation of the Use of Agricultural Lands and Orchards, the Law on the Protection and Utilization of Forests and Rangelands, and other environmental protection regulations, we continue to witness the expansion of unauthorized construction, the seizure of national lands, and the destruction of forests.
It is even more regrettable that, in some cases, utility connections for water, electricity, and gas are issued for these unlawful constructions—an action that effectively perpetuates violations and undermines the legitimacy of public rights.
In society, when an individual encroaches even by a single meter on a neighbor’s property, disputes and complaints arise; however, when hundreds of hectares of forests, rangelands, and agricultural lands are destroyed, the necessary level of sensitivity is not observed.
In this context, environmental claims and lawsuits related to natural resources are among the most important examples of public-interest litigation—cases in which the real victims are all people and future generations.
According to KhabarOnline, in the meantime, the role of prosecutors as the public prosecutor is pivotal and irreplaceable.
The directive on monitoring and pursuing public rights, issued by the Head of the Judiciary, requires prosecutors to act wherever public rights are threatened with infringement, without the need for a private complaint.
Furthermore, the directive on how to respond to the dereliction of legal duties by managers and employees has provided grounds to take action against officials who, through indifference, negligence, or refusal to perform legal duties, create the conditions for the destruction of natural resources, unlawful land-use changes, or the seizure of national lands.
Today, dereliction of duty is not limited to a manager who simply does not make a decision; at times, turning a blind eye to the destruction of forests, remaining silent in the face of land-use changes, failing to prevent the issuance of utility connections for unauthorized construction, or refusing to enforce demolition rulings for unlawful structures also constitutes a clear example of neglecting legal responsibilities.
Where this omission leads to the infringement of public rights, the prosecutor must intervene and examine the legal responsibility of the relevant officials.
Prosecutors should also take advantage of their legal authorities to prevent crime—ranging from issuing immediate orders to halt unlawful operations, to demanding reports from executive agencies, convening meetings of the Council for Safeguarding the Rights of the Public Treasury, monitoring the performance of responsible bodies, and pursuing criminal action against violators and negligent managers.
The purpose of restoring public rights is to intervene before irreparable damages occur, not merely to prosecute offenders after forests and agricultural land have been destroyed.
Protecting natural resources, defending food security, confronting climate change, and safeguarding the rights of future generations are the four pillars of a national responsibility.
In this regard, prosecutors, by law, are not only observers; they are the guarantors of enforcing public rights.
Any passivity in the face of the destruction of natural resources not only increases opportunities for land grabbers but also weakens public trust in the rule of law.
Today, Iran needs prosecutors more than ever—prosecutors who do not allow dereliction of duty in defending natural resources and the environment; because protecting soil, forests, rangelands, and agricultural land is, in fact, protecting the right to life, the right to a healthy environment, and the food security of the Iranian nation.
*A First-Grade Attorney of the Judiciary