Unpacking the legal implications: an analysis of Strategic Environmental Assessment (SEA) development in Bangladesh

This study aims to explore the potential challenges of applying Strategic Environmental Assessment (SEA) in the absence of legal requirements in Bangladesh. The study employed a mixed-methods approach comprising a literature review, content analysis of 1 key international SEA instruments and 25 national documents, and 9 expert reviews. The current practice of SEA in Bangladesh is voluntary and often donor-driven. The research findings indicate the need for a robust legal basis for SEA in Bangladesh and highlight several challenges, including inconsistencies, reluctance to conduct SEA when necessary, and inadequate procedural practices that lead to weak implementation, contrary to ‘good practice’. The experts suggested expanding the scope for formalizing SEA within Bangladesh’s existing environmental legislation through amendments. Strengthening the institutional capacity of the Department of Environment (DoE), the Ministry of Environment, Forest, and Climate Change (MoEFCC), the Planning Commission, and other stakeholder ministries requires a thorough understanding of the SEA process and when it is necessary. It is equally essential for stakeholder ministries to build institutional capacity for a robust Terms of Reference (ToR) for the SEA review system, the capacity to implement SEA recommendations in the decision-making process, and subsequently to implement strategic environmental management plans (SEMPs).