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BELA as a Symbol of Courage for promoting Environmental Justice in Ne’er-do-well Bangladesh

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BELA (Bangladesh Environmental Lawyers Association) is an NGO of lawyers, which was formed in 1992 in response to a global movement to protect and conserve natural environment while promoting environmental justice, lack of which have serious implications on rural based economies like Bangladesh. This organization emerged out of necessity of environmental equality in a country which at the time was barely three-decade old. Since its the foundation, the challenges facing BELA are profuse with hostile opposition and a tumultuous legal system. There are approximately 210 laws regarding environment and natural resource conservation in the country. Impressive for a country which is barely half a century old now. However, the process of effectuating those laws fall on the legal system. Due to a nascent legal system and politics mired with an ineffectual democratic process and uncertainty, steps to combat violations are usually gridlocked in an inefficient bureaucracy. Greedy conglomerates avail the lack of law implementation to operate in absolutely monopoly and with blatant disregard for rules and regulations. Naturally, they make no efforts to change a status quo from which they benefit greatly.

BELA seeks to bring notice and change to this lack of inefficient government operation which is adversely affecting environmental justice. Finding a case for environmental justice is a matter of perspective. In the case of Bangladesh, environmental justice would be protection against natural disasters and mass displacement, maintenance of natural resources, protection against health threats and maintaining the contemporary agronomy which is a source of livelihood for millions. We see that the problem lies both within the human rights framework and environmental justice framework. The environmental injustice is continuing due to the absence of civil and political rights such as a free trial and a safe environment. From an environmental justice framework which seeks to eliminate harmful environmental and social practices, there is structural racism since there are social and environmental decision makers who are involved in the disparities of environmental hazard.

BELA on a domestic level runs a lot like the Basel Action Network (BAN). Both are organized networks of activists dedicated to combating toxic dumping. The organizations make progress through challenging and lobbying extensively to change and implement the law to ensure it does not happen again along with ensuring environmental equality and is committed to engaging the economic opportunity structure in a fair manner. The only difference is BELA lacks the resources to establish such a vast presence in the environmental justice field and thus relies on morally conscious individuals to keep operations running.

Comprising of well-qualified and vehement lawyers along with a dedicated staff, BELA usually springs to action once it receives any grievances from local communities through any of its seven offices spread throughout the country. Most of these cases are brought to attention through grass roots level efforts. After finding a cause for environmental injustice, BELA uses the strategy of “information politics”. The framing of the work and building of a case is presented as a contravention by the accused party along with local media coverage to disseminate the information to the public. Once there is admittance and recognition that a problem exists, the Constitution of the country is utilized intuitively to address the crime being committed. Since the country relies greatly on international remittance and trade agreements along with aid, leverage politics takes place. In 2003, BELA was awarded the global 500 rolls of honors at the United Nations Environmental Program. Its executive was awarded the prestigious Goldman environmental award for her persistent efforts in redressing people’s sufferings among many others. These awards are not only positively conspicuous, but it further helps to form alliances and partnerships with organizations abroad who have similar motives. Maintaining these connections help the organization get more media coverage which may at times cause foreign governments and organizations to voice concern. Even if the Bangladesh government does not relent to international pressure from NGOs, it certainly relents to the bad publicity due to its economy earning on manufacturing and exports.

Rapid industrialization which has been stimulated by government lobbying and subsidies has made Bangladesh one of the fastest rising economies in Asia. However, in the process, an exploding population along with ill-equipped ministries and poor-planning has turned the country into a virtual wasteland. The country often ranks one of worst countries in global index of in air and water quality, with its capital city and financial hub Dhaka being named the world’s most polluted city for the year of 2018. However, most worrisome of all is the indiscriminate dumping of waste in lakes and rivers which are spread throughout the outer skirts and low-income areas of the country and in communities inhabited by dwellers of low socio-economic status. First and foremost, a lion’s share of the pollution is caused by the textile, leather and ship breaking industry. Combined, they account for most of the country’s exports and the tycoons of these sectors hold the most senior portfolios in the government or are some of the country’s most influential personalities. Where influence can be brought, organizations like BELA are usually snubbed by the government, and co-operation is a last resort to avoid court hassles. However due to the judicial nature of the work of BELA, the lack of a state mechanism to aid the disadvantaged and poor is compensated by BELA who usually attempts to fight these egregious violations pro bono. To understand why such an elevated level of pollution is tolerated and accepted, it can be compared with the various tactics government and industry officials applied to the Chester residents in Pennsylvania to keep them in the dark by applying highly technical languages in meetings. In one instance, a Chester residence was silenced when he asked about an incinerator to which the representative corrected him by using the interchangeable but more difficult term, “resource recovery facility” (the term is used in Luke Cole’s and Sheila Foster’s book From the Ground Up). In a similar condescending manner, people who are deemed less sophisticated or educated are told to be stoic and promised jobs and fortune. By the time they realize the results, it is too late. Unfortunately, it’s a vicious repetitive circle in various parts of the country and poverty can be harrowing to the point that it can make one forget many things.

Since its formation, BELA has waged war against individuals and institutions whose presence in the country has given many an ambivalent feeling regarding what the outcome may be. Despite that, the organization has been continuously victorious. First, it came into spotlight in the 1990s when it successfully sued mayoral candidates of Dhaka for environmental violations. Once the court deemed it against public interest, it paved the way for the environmental guidelines in monitoring the adverse effects of election campaigns on the environment. In late 2000s, BELA further intensified their efforts to bring about proper change when they pursued legal action against the ship breaking industry of Bangladesh. Going against the ship breaking industry was a much more contentious and thorny issue. While the ship breaking industry completely refutes the claims of BELA, BELA has maintained its position by stating that it has no intention of ruining the ship breaking industry of Bangladesh but is determined to see that it operates lawfully by ensuring that toxic materials are removed before the ships are brought to the yard for dismantlement. In March 2009,the Supreme Court of Bangladesh ruled that ships entering the country for decommissioning must be “pre-cleaned” in line with The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. One year later to the utter shock of the people of the country, it was found that the building of the BGMEA (Bangladesh Garments Manufacturers Exporters Association) was illegally occupying government owned land. To add to this repugnant discovery, it was found that a former Prime Minister had laid the founding stone of the building while another had inaugurated it. Besides the illegal occupation of land, the building was unjustly blocking a canal which was crucial to the water body movement of some of the main lakes in the city. BELA had taken a keen interest in this discovery and had worked to have the order to demolish the building expedited. Despite the court order for immediate demolishment and the BGMEA’s move into building another lawful one, the illegal structure still stands today. This is a perfect example of impunity by organizations who flout directives of the government and the people.

BELA’s use of judicial pressure along with disseminating information to the public has cemented a robust platform for the country’s environmental justice. However, no matter how many NGOs and individuals try to redress such issues of magnitude, it will not make a permanent mark until and unless the government is enthusiastically concerned. Greed and corruption are cancerous and if they are not removed, they spread and poison others. An absolute reform is need be initiated not by any leader, NGO or party but simply by those effected: the people.

Mahmudul Hasan is a recent LL.M. graduate of energy and environmental law and Thomas Buergenthal Fellow at The George Washington University Law School, Washington, D.C.

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Green Planet

Thanksgiving Also Means Giving Thanks for Our Planet

Dr. Arshad M. Khan

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It is Thanksgiving holiday in the US.  The Europeans do not celebrate Thanksgiving and the European Parliament has held an election.  It has chosen former German Defense Minister Ursula von der Leyen as the new President of the European Commission.  Hailing from a political family of conservatives — her father narrowly lost a party leadership election to Franz Josef Strauss — she is the first woman to hold the EU’s top executive job.

Conservative or not, there is unanimity in the EU about climate change, and how the EU has to lead the transition to a healthier planet by planning the necessary upgrading of its social market economy.

If the Europeans are increasingly aware of the environmental challenges ahead, the UN Environment Programme has just issued its flagship Emissions Gap Report.  As one might surmise, the ‘gap’ refers to the difference between what the world is doing to tackle climate change and what it needs to do to limit temperature increase to 1.5C.  Our present ambitions of structural change from a fossil fuel economy is forecast in the report to lead to a catastrophic 3.2C rise.

Present California fires and coastal flooding of the eastern seaboard from the Carolinas down to Florida are just the top of the iceberg as are the European floods in Spain, Italy and France — and the temperature rise so far is a single degree Celsius.

The window to act is closing rapidly.  As the UN report clarifies in stark terms, emissions will have to peak by 2020 to limit global warming to 1.5C without affecting economic growth.  It turns out that of the 43 developed and emerging economies, all with the sole exception of Turkey will have peaked their emissions by 2020.  Be 2030, 57 countries will have peaked.  That is the good news.

By far the greatest emitters are China, the US, and then India and the EU.  Together they account for 56 percent of greenhouse gasses emitted over the last decade.  These therefore bear a heavy responsibility.

The bad news is that while these and other emitters have pledged to follow the guidelines of the Paris Agreement — except for the US because Trump withdrew from it — it is not enough.  According to the UN report, their efforts will still result in a 3.2C rise by century’s end to devastating effect.

It is logical then that efforts have to be intensified, and countries need to be more ambitious in their goals.  A focus on innovation and domestic policies to encourage non-fossil fuel power generation would be clearly to their advantage.  For example, energy produced from solar panels has soared from 50 Gigawatts in 2010 to 400 GW in 2015 with an expectation of 450+ GW by 2020.

The strong message of the report is for all sectors and their principals — national, state and local governments, mayors, corporations, their executives, civil society and civic leaders — to come together and act in concert if they are to avert a problem affecting our common home before it is too late.  It is one way of giving thanks for what we have.  The last five years have already been the warmest on record, the future can be expected to be worse if we do not act.

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Venice Is Flooded: A Look at Our Coastal Future

Dr. Arshad M. Khan

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Authors: Arshad M. Khan and Meena Miriam Yust

If humans have been lucky, basking in the comforting warmth of an inter-glacial period for the last 10,000 years, that luck may be about to turn.  Rest assured we are not entering a glacial period.  No, our quest for greater comfort has us pumping fossil fuel residues in the air—particularly CO2—warming the earth beyond its natural trajectory.  One consequence is melting Arctic (especially Greenland) ice and coastal flooding.

Problematic as that might be, new research holds worse in store… much worse, for the Antarctic has not been a passive bystander.  It melted when the north was taking a rest allowing no let up.

The previous glacial age lasted from 125,000 to 118,000 years ago.  A paper published November 6, 2019 in Nature Communications (Vol. 10, Article # 5040) has found the Greenland ice sheet melt insufficient to explain the highs of the rise then.  In fact, it was the Antarctic ice sheet, previously thought to be inconsequential, that was key.  It turns out the Southern Ocean warmed first at the start of the inter-glacial, leading to a change in the circulation pattern of the oceans and to a warming of the northern polar areas to start the ice melt in Greenland.

Temperatures then were up to 1°C higher than now but the same has been estimated for us in the future.  However, this time climate changes on earth have been accelerated by greenhouse gas emissions over the industrial period, resulting in more extreme climate changes than in the last inter-glacial. 

The research has also revealed that ice melt caused a 10 meter sea level rise above the present level at a rate of 3 meters (about 10 feet) per century, a rate that is 10 times higher than the rise observed in the last 150 years.  If 10 ft. per century has a remote feel, try a foot every 10 years!   

This is far greater than current projections of sea level rise that anticipate an increase at the most to about 3 feet above 2000 levels by 2100.  The predictions, however, do not account for an important natural outcome of ice sheet melt, that of ice cliff instability.  The ice cliffs form as the warm water melts their ice under the water, eating away until the cliff shears off and collapses into the sea. 

The collapse is a sudden and unpredictable addition to the gradual melt in the ocean.  It also means that polar ice sheet melt can affect sea levels far more intensely than has been projected so far, and it could account at least in part for the much higher rise found by the researchers in the prior inter-glacial. Are we in for a surprise! 

If incoming solar radiation was greater in the last inter-glacial because of the earth’s position relative to the sun, the CO2 levels were lower, at 280 parts per million as opposed to 410 plus today.  Worse, in the former inter-glacial the two polar areas did not warm up simultaneously.  Today’s intensive climate change is propelled by greenhouse gases, and the warming is bipolar with the ice melting in  both polar regions at the same time. 

Another paper also published in Nature Communications a week earlier (Vol. 10, Article # 4844 October 29, 2019) examines global vulnerability to coastal flooding from rising sea levels given new metrics for measuring land elevation.  The model currently in use for this measurement, developed by NASA, has a 2 meter vertical bias.  Using a new Coastal DEM (Digital Elevation Model) and a mean estimate of sea level rise this century, the authors estimate 190 million people live below projected high tide lines at present.  This rises to 630 million by century’s end in the extreme case of high emissions.  Increase the sea level rise to 3 meters (10 feet) projected in the other paper above and a billion people could be in jeopardy.

What can one expect?  Well, the first signs of trouble will be when coastal flooding that used to happen once a decade becomes an annual event, or when unprecedented events occur.  Venice is a current example.  In a rare historic flood its iconic St. Mark’s Square is hip-deep in water.  The church itself and its priceless frescoes could be in danger if the water rises further. 

The increased coastal flooding will be gradual of course.  Our children, their children, and so on down the line will be the real innocent victims of our legacy/profligacy.  

Note:  This article appeared originally on CommonDreams.org

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Thirty years on, what is the Montreal Protocol doing to protect the ozone?

MD Staff

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The Montreal Protocol to protect the Earth’s ozone layer is to date the only United Nations environmental agreement to be ratified by every country in the world. It is also one of the most successful. With the parties to the Protocol having phased out 98 per cent of their ozone-depleting substances, they saved an estimated two million people from skin cancer every year.

Following the thirty-first meeting of the parties in Rome during 4–8 November, Stephanie Haysmith, the communications officer for the Ozone Secretariat, explained why the Montreal Protocol has been so successful and what lies ahead for the treaty.

The 2019 ozone hole is the smallest on record since its discovery. How does the ozone repair and how long will it take?

The Montreal Protocol has been successful in reducing ozone-depleting substances and reactive chlorine and bromine in the stratosphere. As a result, the ozone layer is showing the first signs of recovery. It is expected that the ozone layer will return to pre-1980s levels by the middle of the century and the Antarctic ozone hole by around 2060s. This is because once released, ozone-depleting substances stay in the atmosphere for many years and continue to cause damage. The 2019 hole is indeed the smallest since recording of its size began in 1982 but the ozone is also influenced by temperature shifts and dynamics in the atmosphere through climate change. In 2019, the stratosphere was particularly warm during the Antarctic winter and spring.

The Kigali Amendment, which came into force January 2019, requires countries to limit hydrofluorocarbons in refrigerators and air-conditioners by more than 80 percent.  Yet, there is a growing demand for cooling. How can the two needs be met?

While there is a growing global demand for cooling systems for personal well-being and in the commercial sector, improving energy efficiency with low or zero global-warming-potential will be needed to meet needs while minimizing adverse impacts on climate and environment. Research and development have kept pace: equipment design has changed and improved with the ozone-depleting substances phase-out.

At the Rome meeting, parties were made aware of an unexpected increase in global emissions of trichlorofluoromethane, or CFC-11. Why is that, and what is being planned to address it?

The issue of unexpected emissions of CFC-11 was brought to the attention of the parties in 2018. Global emissions of CFC-11 had increased in the period after 2012. This unexpected trend suggests that there is illegal production and consumption of CFC-11. The exact sources of these emissions have yet to be found. The parties take this very seriously and a decision was made at the MOP30 [30th Meeting of the Parties to the Montreal Protocol] to cooperate in further scientific research. In addition, the parties will assess the mechanisms of monitoring for the Montreal Protocol and the Multilateral Fund. 

What is meant by “a sustainable cold chain” and how does it reduce food loss?

A cold chain is a connected set of temperature-controlled facilities (pack houses, cold stores, refrigerated transportation, etc.) that ensures perishable foods maintain their freshness and quality while in transit. Access to cold chain allows local producers to link with high-value markets locally, nationally and internationally. By enabling perishable food commodities to be stored and transported in a temperature-controlled environment not only ensures quality and safety, but reduces overall food loss, while improving economic gains and increasing sustainability.

From an environmental perspective, it is important that increasing demand for cold chain is sustainable with increased use of green fuels, energy efficiency and low or zero global warming potential technologies.

What do you hope the Montreal Protocol will inspire?

The Montreal Protocol is one of the world’s most successful environmental treaties and since its adoption, it has encouraged countries to commit to phasing out the production and consumption of ozone-depleting substances. The parties to the Protocol, on realizing that the alternatives, known as hydrofluorocarbons, are potent greenhouse gases contributing to global warming, agreed to address this. After protracted discussions, in 2016 the parties adopted the Kigali Amendment. The global partnership, stakeholder involvement and overall commitment of the countries lent to the success of the ozone protection regime. A successful hydrofluorocarbon phasedown is expected to avoid up to 0.4°C of global temperature rise by 2100, while continuing to protect the ozone layer.

UN Environment

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