How true leadership in regards of climate change may give outstanding impact to the Asian world
The Netherlands and Indonesia share a special relationship as they were connected for centuries in times of colonialism, separated after the horrible years of Indonesian struggle for independence and later then they have found together again into a respectful and close relation based on strong pillars of common history and development, intense economic and political ties, and so many deep interpersonal relationships among the two countries.
For me living in Bandung, the former Paris van Jawa, a modern Indonesian metropole where the government of West Java is located, it is always surprising to see the respect Indonesian people have towards European countries and the Netherlands in specific. It is maybe part of the open and friendly culture among its citizens in general but maybe also part of a quite realistic view that such huge country can be developed only with ongoing support and expertise from outside.
In regards of industry this support interestingly comes more and more from the North East Asia, from Korea, Japan and from China, while western countries are loosing ground. USA is successfully managing its moral and economic outsider position under its current administration, and Europe is in view of its unity weak, it still gives a diversified picture of small nations on their own who all act via isolated representations in Indonesia.
In the eyes of Indonesia, however, Europe is strong in three areas: democracy, technology and the environment. While the first may be a source for many fascinating articles and books, I would like to focus on the other ones – and here especially on the different meaning and understanding of the environment in the context of a highly industrialized economic conglomerate and a developing nation – to support a changing leadership perspective and vision of one European role model which may guide both continents hopefully soon in future.
We speak about the fact that the Netherlands – based on a broad political consensus – are on the way to implement the toughest climate law in the world.
WOOW, this is great, isn’t it! But … is this really needed?
This may be the main question in a controversial global (not only European!) discussion and an ambivalent public opinion process where everybody, and here I mean really everybody seems to have an expert position with strong believes fed by certain sources of doubtful information. I rarely experienced so many bull shit info told to me even by good friends than in this field of changing climate and its impact on humans, our living conditions and life itself.
Lets make clear at this point that there is no doubt about science, all findings which indicate that we are growing to fast, that we are consuming the resources of the planet too fast and that we are polluting and destroying our own basis of existence with a speed and degree of complexity which makes it difficult to interfere.
The Paris Agreement 2015 was a miracle in a mostly confused and disoriented world, a light moment of mankind when under the guidance of the United Nations a milestone agreement regulating global greenhouse gas emissions with impact on Climate Change was negotiated, ratified and adopted by consensus of 196 state parties at the 21st Conference of the Parties of the UNFCCC in Le Bourget, near Paris, France, in December 2015.
Even the US declared its intention to withdraw in meantime in June 2017, the fact that such an agreement was declared and committed by so many countries proves that there is something ongoing, huge and beyond our imagination.
We are losing control over the planet, a disturbing and frightening reality which does not affect all in the same way at the same time. Those who created the miserable situation, mostly the industrial nations of the west built their wealth on the foundation of a global disaster which is coming closer. “Wealthier people produce more carbon pollution – even the green ones” was a great article straight to the point by David Roberts in December 2017. So its not about left or right, its about the rich and the poor and in a wider sense about fairness of distribution. This fairness is very unfair when it comes to the consequences of climate change which mostly hits the poor ones around the world. Even in Asia and here in Indonesia in specific a new middle to high income population is forming which – unaware of the unlucky spiral of economy and consumption – transfers and copies same patterns of inequality into the nation. While those who become wealthy are flexible and can move and enter a better life, those who live a the limit to poverty have to bear the consequences.
“We are doomed” is the logic consequence of scientists and thinkers like Mayer Hillman or David Wallace-Wells.All not that worse will be the answers of those who benefit from sucking the resources and living in a quite safe harbor. Maybe there will be a better wine in Belgium [beside a soccer semifinalist title…
People in my home in central Europe really don’t care that much about global warming, yes there are more heavy thunderstorms visible, but we can insure and our real problems indeed are refugees who want to enter our country. That this is increasingly a consequence of Climate change people are unaware or not really interested in. National politics serve theme, but also catalyzes the problems as they promote their industries only and by doing so they ignore climate change as a crucial political issue created by themselves. Climate change induced migration is – sorry to say – a more or less a welcome argument of fear to be voted again.
No wonder that implementation of national climate actions plans to mitigate global warming lack behind and will end up in a story of delays and excuses soon. Even warming of 2C will be ‘substantially’ more harmful than 1.5C as per a draft UN report national action plans will be by far too slow.
Its’ a matter of psychology that people and politicians don’t care enough at the moment. As Kate Stein points out in a recent interview with researcher Galen Treuer from University of Connecticut “It’s Human Nature Not To Think About Rising Seas”.
As long as we don’t have a personal threat people have other issues that are very important: affordable housing or Transportation for example. Those are the things that seem to motivate more than the consequences of an impact which may come.
In such situation of excuse and delayed industry serving implementation of measures it is outstanding noticeable to look at the ambitious role model of Netherlands. Maybe people in the Netherlands are feeling the increasing sea levels more than others, or whatever, they are guiding the show, and even the country is not participating in recent soccer world championship, they show an outstanding championship behavior we all can learn from. The Oranjes guide necessary developments and ways into a better future. Whether their positioning and action will be enough I don’t know.
Just a side remark: 18 years ago I learned about the importance of a role model when I argued (for first time in history) an Austrian company towards an European winner enterprise for sustainable technologies. A great success but what I received in between is, that this may be not enough! We need to understand the relevance of local frameworks in Europe when we look to Asia. While discussing the relevance of emissions of 20 or 50 cars with running motors from the chimney of a factory in clean Europe we got stuck in daily traffic jams of big cities like Jakarta with million of cars standing around and emitting CO2 in useless non operation mode every day. As we have the same heaven we share the consequences of effort same as of standstill.
The role model of the Netherlands inspires and gives hope but finally its the leadership learning of all of us (in Europe and Asia) which will make the difference. Do we recognize the urgency for our society to act and maintain the life foundations of next generations?
Even national developments are somewhat disillusioning at the moment I strongly believe into such a role model like offered from the Netherlands. It is guiding leaders in Europe and in Asia to spearhead a more sustainable development, ton take action on our future. True leaders foresee it, they address issues early and they work out plans to counteract. On this stage wise countries like Indonesia also have to enforce positive leadership and international cooperation. The West-East relationship between Netherlands, the European Union and Indonesia may become a recognized shiny example on this important way forward.
Chinese Manjha, Bird’s Right To Fly And Indian Judiciary
Authors: Dr. Partha Pratim Mitra and Dr. Prakash Sharma*
Recently in the backdrop of Indo-China border tension and boycott of Chinese product, a writ petitioner approached the Calcutta High Court by filing a Public Interest Litigation. The grievance was that kites were being flown with Chinese and nylon manjha which pose threat to both the pedestrians and motorcyclists particularly who used flyovers for commuting. Here, the High Court has reiterated the earlier order of the National Green Tribunal.
Chinese Manjha and Ecology
The traditional manjha is used in the entire country since ancient times. It is believed that kites and kite flying have been introduced in India by the Chinese traveller Fa Hein and Huein Tsang who had visited this country in 5thcentury BC and 7thcentury AD, respectively. The royals of Lucknow are famed for flying kites with a golden thread attached, as an incentive for people to cut them. With its growing popularity, manjha was industrially manufactured and is normally made of nylon, plastic and synthetic substances. In present times, it is used during festivals, across the length and breadth of the country.
In a petition filed by PETA India, the National Green Tribunal, Principal Bench, New Delhi took active step and directed all the State Governments to prohibit the manufacture, sale, store, purchase and use of synthetic manjha or nylon thread (known as Chinese manjha) and all other similar synthetic threads, used for kite flying and also directed to the respondents to ban import of any synthetic manjha or nylon thread in any part of the country. The Tribunal took note of the fact that thousands of birds have been frequently injured or killed by use of manjha, including rare endangered birds, like the Indian White Rumped Vulture, Great Indian Bustard, Amur Falcon,etc.
Bird’s Right to Fly in Indian Constitution
In People for Animals v. Mohazzim, the High Court of Delhi held that running the trade of birds is in violation of the rights of the birds. Expressing their anguish, the Court was worried as to why no one is caring about inflicting cruelty on birds, despite settled law that birds have a fundamental right to fly and cannot be caged and have to be set free in the sky. The horrific conditions under which birds are captured and exported illegally in foreign countries without availability of proper food, water, medical aid and other basic amenities required as per law depicts sad state of affairs.
Birds have fundamental rights including the right to live with dignity and they cannot be subjected to cruelty by anyone. Therefore, all the birds have fundamental rights to fly in the sky and all human beings have no right to keep them in small cages for the purposes of their business or otherwise. In this regard, the Gujarat High Court in Muhammadbhai Jalalbhai Serasiyav. State of Gujarat, held that to keep birds in cages would tantamount to illegal confinement of the birds which is in violation of right of the birds to live in free air and sky and directed to release illegally confined birds in the open sky.
In Narahari Jagadish Kumar v. State of Andhra Pradesh, the Andhra Pradesh High Court issued directions to State Government as well as authorities to prevent organizing cock-fights with betting during festival of sankranthi. The Court further gave stringent steps to stop such bloody and gruesome sports throughout the year. Similarly, the Madras High Court in S. Kannan v. Commissioner of Police,held that protection shall be granted to all kind of birds including poultry against cruelty of any manner. The Court observed that the birds and animals are entitled to coexist along with human beings. The Court also issued orders prohibiting cock fight and any other bird or animal fight for the sake of enjoyment of spectators.
Eco-centric Role of the Indian Courts
The present trend of Indian judiciary is to widen the scope of the Constitution and to extend right to life beyond citizens. The impetus behind such observation comes from the judgment of the Animal Welfare Board of India v.A. Nagaraja , where in the Supreme Court observed that animals have a right not to be tortured by human beings, and from being inflicted with unnecessary pain or suffering. Earlier, in Ramlila Maidan case, the Supreme Court held that the Constitution also speaks of preservation and protection of man, animals, and includes other creatures, like plants, rivers, hills etc.—all collectively forming part of the environment. In addition, the Supreme Court has also applied the eco-centric principles and rejected the earlier notion of anthropocentric approach. In T.N. Godavarman Thirumulpadv. Union of India the Court argues how humans as part of nature must also accept the intrinsic value attached with the non-humans. In Centre for Environment Law, WWF-I v. Union of India, the Courtheld that human interest does not take automatic precedence and humans have obligations to non-humans independently of human interest. The need of hour is restructuring of efforts at multiple levels and a desire that human-beings must collectively act to prevent destruction of environment. This would demand creation of laws, measures and policies from an eco-centric perspective.
* Prakash Sharma, Assistant Professor of Law, Vivekananda Institute of Professional Studies.
Tiger Conservation in South and Southeast Asia and The Indian Experience
Every year 29th July is being celebrated as Tiger Day since 2010 when thirteen tiger range countries, Bangladesh, Bhutan, Cambodia, China, India, Indonesia, Laos, Malaysia, Myanmar, Nepal, Russia, Thailand and Vietnam adopted the Global Tiger Recovery Program in St. Petersburg, Russia in November 2010 to double the number of wild tigers from about 3,200 to more than 7,000 by 2022. Earlier in the same year Governments from across Asia’s tiger range countries took initiatives to save wild tigers from extinction and total protection of critical tiger habitats on January in 1st Asian Ministerial Conference on Tiger Conservation at Hua Hin, Thailand.
Degradation in Tiger Population in Southeast Asia
Maximum tigers were roaming on those areas of Asia where human beings are now densely populated. Presently over one-third of tiger conservation sites in the world are still under the risk and the majority of those areas are located in Southeast Asia. Bhutan is the home to the highest altitude tigers in the world and Indonesian island of Sumatra is one of the last places on earth where tigers, elephants and orangutans coexist in the wild. Sunderban mangrove area of India and Bangladesh is the habitat of largest number of wild Royal Bengal tigers. One hundred years ago, there were 100,000 wild tigers in the nature but in 2010 as few as only 3,200 wild tigers remained. The sole cause of declination in tiger population is human activity and nearly 97% has been extinct due to rampant poaching and habitat loss. The borders of India-Nepal, Indonesia-China and Russia-China are very well known hot spots for trans-boundary smuggling of tiger body parts.
Indian Tiger Protection Laws and National Tiger Conservation Authority
The main legislative action was undertaken by then Indian government through the insertion of the Wildlife (Protection) Amendment Act, 2006 which was also known as ‘Tiger Amendment’. This Amendment of 2006 introduced some important statutory and administrative steps including National Tiger Conservation Authority (Section 38L), Tiger and Other Endangered Species Crime Control Bureau (Section 38Y), Tiger Conservation Plan (Section 38V) and Tiger Conservation Foundation (Section 38 X). This Amendment was made on the recommendation of Tiger Task Force (TTF) consisting of biologists, social scientists, activists and forest officers across the country constituted by then Prime Minister in July 2005 on the backdrop of vanishing of tigers by rampant killing and poaching. Since its inception in 2006, National Tiger Conservation Authority has worked tremendously and till now declared nearly 50 protected areas as Tiger Reserves having critical tiger habitats with the consultation of State Governments. Though few Tiger Reserves were established earlier after launching of Project Tiger during 1973 but those reserves have got the statutory status (Section 38V) after this Amendment. Central Government notified many bye laws for better functioning of National Tiger Conservation Authority and those are The National Tiger Conservation Authority (Qualifications and Experience of Experts or Professional Members) Rules, 2006; The National Tiger Conservation Authority (Salaries, Allowances and other Conditions of Appointment) Rules, 2006; The Tiger Conservation Authority Fund (Regulation) Guidelines, 2007; The National Tiger Conservation Authority (Tiger Conservation Foundation) Guidelines, 2007; The National Tiger Conservation Authority (Annual Reports and Annual Statement of Accounts) Rules, 2007; The National Tiger Conservation Authority (Recruitment and Conditions of Service of Officers and Other Employees) Rules, 2007 and The National Tiger Conservation Authority (Normative Standard for Tourism activities and Project Tiger) Guidelines, 2012. The Act has played nicely the federal features of Indian government as ‘wild animals’ are subject of State as well as Union.
Indian legal framework for wild animal protection
There is an elaborated interpretation of Indian Constitution after 42nd Amendment in 1976 through which protection of wild animals came under the Directive Principles of State Policies (Article 48A) and Fundamental Duties (Article 51A(g)) of citizen. This Amendment also brought the subject protection of wild animals within the legislative approach of States as well as Centre. In 1992, the 73rd and 74th Constitutional Amendments widened the legislative power on forestry and ecological aspects to local governments of panchayats and municipalities. The Wildlife (Protection) Act, 1972 instituted office of Director of Wildlife Preservation [Section 3(a)], Asst. Director of wildlife preservation [Section 3(b)] and Wildlife Advisory Board [Section 6] at central level and Chief Wildlife Wardens [Section 4 (a)] and Wildlife Wardens [Section 4 (b)] at State level. After the Amendment of 1991, Central Zoo Authority [Section 38A] came into force to regulate all zoos in the country and National Board for Wildlife [Section 5A] at State level. The Amendment of 2003 introduced National Board for Wildlife [Section 5A] and a Standing Committee of the National Board [Section 5B] and for state level Honorary Wildlife Wardens [Section 4 (bb)], State Board Wildlife [Section 6], Advisory Committee [Section 33 B], Conservation Reserve Management Committee [Section 36 B] and Community Reserve Management Committee [Section 36 D]. There are several other administrative authorities constituted for protection of tigers and wild animals directly or indirectly. In 1962 the Animal Welfare Board of India was established under Ministry of Environment and Forests as per provisions of the Prevention of Cruelty to Animals Act, 1960 and National Biodiversity Authority was established through the provision of the Biological Diversity Act, 2002 to regulate, transfer and use of diversified biological resources at the national level. The National Afforestation and Eco-Development Board, was set up in 1992 for promoting afforestation, tree plantation, ecological restoration and eco-development activities.
Collective Initiatives by Member Countries
Countries like India, Nepal and Russia have shown that tiger recovery is possible but other governments in Southeast Asia are facing the challenges in poaching and man-tiger conflicts. In November 2009, representatives from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Secretariat, the International Criminal Police Organization (INTERPOL), the United Nations Office on Drugs and Crime (UNODC), the World Customs Organization (WCO) and the World Bank (IBRD) decided in Vienna to form the International Consortium on Combating Wildlife Crime (ICCWC) to jointly move forward in a coordinated manner with mandates in law enforcement and criminal justice to prevent and combat illegal trade in wild animals and plants. Finally the Consortium was launched by Prime Minister Vladimir Putin in November 2010 during the International Tiger Forum held in St. Petersburg, Russian Federation. ICCWC is the first initiative where these five international agencies cooperate together towards crimes against animals, birds and fish, as well as timber and non-timber forest products to achieve a common goal of delivering multi-agency support to affected countries. In 2014, Nepal became the first country to achieve a full year of zero poaching for three of the world’s most iconic species –tiger, rhino and elephant. Last year Indian Prime Minister on the event of global tiger day declared that India is the safest habitat for tigers in the world and having largest numbers of wild tigers in the nature. India along with other participant countries decided to double their tiger population within 2020 at the St. Petersburg Tiger Summit, Russia in 2010 and as per recent press release of National Tiger Conservation Authority, since 2006, the 33% rise in tiger numbers is the highest ever recorded between cycles which stood at 21% between 2006 to 2010 and 30% between 2010 and 2014.
Has CCS Really Got Us Covered?
It is widely said and preached that one is responsible for one’s actions, but little do we pay attention to our actions towards our atmosphere. To cut it short, the ever-increasing temperature, scorching heat from the Sun and unbearable summers are all due to us-the humans. It may come to us as a shock, but it is the truth. Hotter days are the consequence of global warming. Global warming is the unusual rapid increase in the average temperature of earth. The Earth is getting hotter and hotter day by day due to human activities. Human inventions which involve burning fossil fuels(coal, oil, and natural gas) for industrial and domestic purposes is one of the major causes of global warming as combustion of these release methane, nitrogen oxides, hydrofluorocarbons, perfluorocarbons, etc. but most importantly carbon dioxide (CO2).
Even though carbon dioxide is a natural greenhouse gas which helps sunlight reach the Earth but it also prevents some of the heat from radiating back into space but this is a natural process to keep the Earth’s temperature within limit otherwise we would have frozen to death. But the main concern here is that we are adding extra carbon dioxide in the atmosphere by combustion of fossil fuels which is causing great problems to deal with. Scientists are burning the midnight oil to address this pressing issue and save our planet. They have come up with ways to prevent carbon emissions by using carbon-free devices and if not prevent then at least with ways to get rid of this extra carbon dioxide that we have added and continue to add in the environment.
One of the ways that lets 90% of the carbon dioxide to get rid of is Carbon Capture and Storage (CCS). This technique collects the carbon dioxide from the emission sources, transports it to a storage location -underground and/or underwater and “dumps” it there. The method of Carbon Capturing has been in use for many years or to be precise for decades to get speedy recovery of oil and gas in industries, but it is only now that scientists have thought it to use for environmental reasons.
Carbon Capturing is done using three ways. All of them prevent up to 90% of the carbon dioxide from making the atmosphere toxic. One of the ways is ‘post-combustion capturing’ which lets us capture carbon dioxide after the fossil fuels are burnt. In the technique, a ‘filter’ can be added to the power-plant and the job is done. It allows us to modify the old plants with low expense. The second method is ‘pre-combustion capturing’ in which the carbon is collected before the fuel is burned. Unfortunately, this method is costly because new plants must be employed. The last and third method is ‘oxy-combustion capturing’ which separates carbon dioxide form steam after the fuel has been burnt in oxygen.
After the carbon capturing process comes the transportation step. Carbon dioxide can be transported in three states-solid, liquid, and gaseous. Solid CO2also known as dry ice, is very hazardous and sometimes fatal so it is very dangerous to transport, it would require huge manpower and it is also not very much friendly monetarily. So, transporting carbon dioxide in solid state is not feasible. It is also possible to transport carbon dioxide in liquid state through ships and tankers butliquid carbon dioxideneeds low pressure and a constant low temperature, so cargo tankers or ships must be both pressurized and refrigerated. For that special mechanisms ought to be installed which is again not very pocket friendly but still in use as it does not go very hard on budget. The last option is to transport it in gaseous form. This is the best possible option and widely in use because in gaseous form, carbon dioxide is transported through pipelines which can be installed anywhere- underground or underwater (on sea-beds). A compressor compresses the gas all the way through the pipeline and moves it forward. Occasionally, a pipeline will have compressors after a measured distance to keep the gas moving and avoid any interruption. The CO2 must be free of any impurities and moisture or else, it can corrode the pipes. But pipelines built from stainless steel are said to have a low risk of corrosion.
As much as this method of transportation sounds easy and feasible, it is not. The reason being that this is a new method and there is not much data regarding this. There have not yet been many accidents due to mishandling or pipe leakage but the ones that occurred have gone without much harm. If there is leakage of carbon dioxide at a place, a condition called asphyxiation is common. It is shortness of breath due to lack of oxygen and excess of carbon dioxide. Carbon dioxide is a colorless and odorless gas. To avoid accidents due to leakage one thing that can be done is to add color and odor to the gas before transporting.
The last step in this method is storing the carbon dioxide. There are three possibilities to store carbon dioxide- in deep geological formations, underwater and in the form of mineral carbonates.
Considering storing carbon dioxide as mineral carbonates which is done by reacting CO2 with naturally occurring magnesium and calcium to form their respective carbonates which are very stable so there is no possibility of re-formation of carbon dioxide but this is a very slow process under normal conditions. It requires high temperature and pressure along with some catalyst. Once it is done then we are good to go.
The second option of storing it under water also seems quite promising but the environmental effects are believed to be very terrible. The excess carbon dioxide in the water reacts with water to form carbonic acid which leads to acidification of oceans. Also, the extra carbon dioxide in the water acts as asphyxiant and breathing becomes difficult for marine organisms. The last option is to store it underground. Carbon dioxide is stored in deep geological formations known as geological sequestration. In this technique, carbon dioxide is converted to ‘supercritical carbon dioxide’ which is a runny liquid. It is then injected into sedimentary rocks and the runny liquid then seeps into them underground. Various physical and geochemical mechanisms prevent carbon dioxide from escaping.
Although ‘Carbon Capture and Storage’ technique seems like a miracle solution, but it is important to keep in mind that it is not a permanent solution. It is just a way to get rid off already present carbon dioxide and we surely should not emit more and more carbon dioxide in the atmosphere thinking that CCS has got it all covered. It should be given keen intention that we should still come up with ways and devices with little or no carbon emission. Fossil fuels should not be used anymore. Rather than wasting time and money on coming up with ways to get rid of carbon dioxide being emitted, our goal should be to get invested in replacing fossil fuels with alternatives which has less adverse effects to the environment.
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