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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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Researchers unveil roadmap for a carbon neutral China by 2060

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Chinese president Xi Jinping told the UN general assembly on 22 September that China would achieve carbon neutrality by 2060. The announcement sparked a huge response and gave rise to speculation as to how this would be achieved.

On 12 October, research into a possible route to that target was published by Tsinghua University’s Institute for Climate Change and Sustainable Development (ICCSD) – the most authoritative roadmap to emerge since the commitment was made. If China follows the recommendations of the report, it could mean tougher energy-saving and emissions-reductions targets for the 14th Five Year Plan (FYP), a more ambitious Nationally Determined Contribution (NDC) for 2030, with yet faster and deeper decarbonisation to come from 2030 onwards.  

Decarbonising for the 1.5C target

The 2015 Paris Agreement aims to limit climate warming to 2C (compared to pre-industrial levels) at the end of the century, while pursing efforts to limit the increase to 1.5C. That 1.5C target has been controversial because it requires greater emissions cuts and it was only added to the text of the agreement at the last minute.

Professor He Jiankun, project leader of the new study and chair of the ICCSD’s academic committee, said at a press briefing on the research that “achieving carbon neutrality by 2060 essentially means a long-term deep decarbonisation process oriented at the 1.5C target”. The director of the ICCSD is Xie Zhenhua, formerly China’s special climate envoy. Xie was also overall supervisor of this research project.

According to the roadmap presented in the study, by 2050 China must achieve net zero carbon dioxide emissions, with emissions of all greenhouse gases down 90% on 2020 levels, if it is to achieve carbon neutrality by 2060. The authors did not offer a specific roadmap for reducing emissions between 2050 and 2060, but said that emissions cuts should be increased, with negative emissions growth in the energy sector and more capture and sequestration of carbon dioxide using carbon sinks and carbon removal technologies.

The roadmap implies that all greenhouse gases are included in China’s 2060 pledge – something that observers had wondered about. But one expert close to China’s policy on non-CO2 greenhouse gases told China Dialogue that for now it remains an academic assumption, and official documents would be needed to confirm the government position.

Although the recommended roadmap is ultimately closing in on the 1.5C target, this does not mean China will immediately fast-track deep decarbonisation. The roadmap has two stages: before 2030 China will cut emissions according to an “enhanced mitigation scenario”, with a tougher 2030 NDC target and increasing efforts to reduce emissions. But that alone would leave China far from even the 2C target. However, the researchers propose much tougher measures after 2030, which will bring China into line with the 1.5C target. Assuming these recommendations are adopted, China will see a later, but steeper decline in emissions than it would if it set out to hit the 1.5C target immediately, with a carbon peak by 2030, an energy consumption peak around 2035, and carbon emissions approaching zero by 2050.

At the launch, He Jiankun explained that “the economy and the energy sector are hugely complicated systems, with a lot of inertia, so a transition will take time”. Rapid implementation of the absolute carbon cuts needed for the 2C or even 1.5C target would be very difficult, and China still needs to develop. So in the first stage, staving off additional emissions rather than cutting existing emissions should be the priority to bring about a carbon peak. But after 2030, the speed with which China reduces emissions will “far outstrip the developed nations”.

Implications for near-term policy

There is a great deal of interest in how China’s 2060 carbon neutrality target will affect the 14th Five Year Plan (for 2021-2025), which is currently being drafted, with this being seen as a test of China’s level of commitment.

The researchers also make suggestions for energy-saving and emissions-reduction targets in the 14th FYP, such as a 20% share of non-fossil fuels in primary energy consumption by 2025, and a carbon emissions cap of under 10.5 billion tonnes (2020 figures for these are expected to be 16% and 10.3 billion tonnes respectively).

“We have to control any rebound in coal use during the 14th FYP and work towards peak coal, or even negative growth,” said He.

The researchers also recommend China toughens and updates its NDC for 2030, lowering carbon dioxide emissions per unit of GDP by over 65% on 2005 levels and reaching a 25% share of non-fossil fuels in primary energy consumption.

Speaking at the launch, Wang Yi, a member of the Standing Committee of the National People’s Congress (China’s top legislative body) and vice director of the Chinese Academy of Sciences’ Institute of Science and Development, said that 14th FYP targets should remain tough and be expanded: for example, by including overall caps – in particular a carbon cap – alongside existing efficiency targets (such as carbon and energy intensity). Other experts have also called for a carbon cap in the 14th FYP.

Wang also pointed out that a package of legislation will be needed to ensure 14th FYP climate targets are met. This includes an Energy Law currently being drafted, an ongoing revision to the Energy-Saving Law, and a Law on Combating Climate Change being prepared. “The Law on Combating Climate Change will only reach the statute books if a carbon cap is at its core – if not, it loses a raison d’etre as other laws can replace it,” Wang said. Lower level regulations, such as for carbon markets, must also keep up, he said.

From our partner Chinadialogue

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COVID-19 has given a fillip to biodiversity

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The COVID-19 outbreak caused many problems for the world, but in return gave the planet’s environment and biodiversity a chance to breathe. The high mortality rate may be worrisome, but it provided us with the opportunity to think more about how we should treat biodiversity in a better way.

Biodiversity is an important feature of life explained by the vast diversity of plants and animals, which is a non-renewable resource and its loss will be irreparable, Kioumars Kalantari, head of the natural environment and biodiversity of the Department of Environment said.

The growing importance of biodiversity is due to its role in maintaining the stability of ecosystems, because in an ecosystem, the greater the species diversity, the longer food chains, resulting in a more stable environment, he added.

According to him, today the protection of biodiversity, habitats, and natural ecosystems is among the most important indicators of sustainable development in the world.

Fortunately, Iran benefits from rich biodiversity due to special climatic, geographical, and topographic conditions and characteristics, and more than 8600 species of plants and 1300 species of vertebrates live in the country, he highlighted.

Unfortunately, the environment faces a variety of threats and challenges, including pollution, habitat destruction, climate change, sand and dust storms, natural disasters such as droughts, floods, and increasing disease outbreaks, he noted.

He went on to say that despite all the efforts that have been made nationally as well as internationally worldwide, the environment today is no better than it was in the early twentieth century.

The sudden prevalence of COVID-19, followed by lock-downs and restrictions around the world, reduction in human activity, the evacuation of highways, reduction in travel, air, and land transport, and a significant drop in greenhouse gas emissions, has benefited the nature much, he explained.

It greatly improved air quality and reduced the risk of lung and cardiovascular diseases, key environmental indicators that have been steadily deteriorating for more than half a century, remained fixed, or moved towards improvement, he emphasized.

The extent of the disease and the human casualties may be so painful that it does not give us a chance to rejoice in the healing process of nature and the environment, but the good condition of climate and nature can be a fillip for each of us on this planet, especially those in charge, to think more about our past actions and slow down our exponential pace of unsustainable development and the destruction of valuable biological resources, he also highlighted.

Perhaps changing our plans and behaviors to use more of renewable energy, while increasing the use of telecommunications facilities such as video conferencing, webinars, online meetings, can greatly reduce travel as well as greenhouse gas emissions and thus help preserve nature and valuable biodiversity treasures, he said.

Biodiversity conservation is in fact the protection of ourselves and the resources without which we cannot survive, he stated, adding, human health depends on the health of other creatures and the environment in which they live.

The outbreak of the coronavirus and its pathogenic consequences highlights the importance of the dependence of the health of all organisms on the planet on each other and the environment.

“Our Solutions Are in Nature” which expresses the importance of nature in responding to the challenges we face in terms of sustainable development and the necessity of comprehensive cooperation to achieve a future in harmony with nature, he added.

According to experts, “the most important and largest public asset of any country is the environment”, unfortunately, due to the wrong approach and underestimation of its vital importance, its capacity is declining every day, and it cannot be exchanged or bought, although some officials, especially economists, suggest ways to price these environmental resources, they are invaluable, he stated.

Kalantari further expressed hope that by living in harmony with nature, humans will be able to benefit as much as possible from the valuable resources and to protect and preserve the biological richness of the world in the best possible way.

Why human absence prospers nature?

Pointing out that protecting the planet is important to humans, and we need to maintain the best conditions on Earth after Coronavirus, Mohammad Darvish, a member of the National Security Council for the environment, said that the pandemic has caused the earth to breathe deeply, and now the wise man is faced with the question that “why, when human activity as a member of the ecosystem decreases, not only does nothing happen, but the condition of nature improves.”

Think of bees being removed from nature. In this case, the integrity of the Earth’s environmental property, the reproduction of many species and humans themselves will be damaged, or if brown bears are removed, soil fertility will decrease, or if wild boars are removed, water permeability will decrease and floods will increase, he explained.

Therefore, there have been wise in the creation of all plant and animal species or even insects, and have contributed to the earth’s resilience, he emphasized.

Why has it now happened that man, who considers himself the best of creatures, that must be more responsible, has behaved in such a way that his absence is in favor of nature and the earth?

Such happening should give us a lesson to change our development programs in favor of nature and try to understand the laws of nature, instead of spending budgets on warfare, larger and more horrific weapons, he noted, implying that environmental research and health is now more essential as well as improvement of the education system so that in the post-corona crisis world we can appear wiser, more knowledgeable, and more responsible.

From our partner Tehran Times

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Global Warming: Past as Prologue to the Future

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Dr. Arshad M. Khan and Meena Miriam Yust

If the vice-presidential debate lacked direction, hurricane Delta did not.  It slammed into the Louisiana coast as a Category 2 causing widespread damage with its 100 mph winds, then continued inland as a Category 1 storm.  If Delta sounds like an unusual name for a hurricane, it is. 

The World Meteorological Organization has a list from A to W of 21 potential storm names.  The letters Q, W, X, Y and Z are omitted.  In all there are six lists meaning that the 2020 list will be repeated in 2026.

Using names for storms facilitates identification in communications when compared to the prior method using latitude and longitude particularly when the storm itself is moving. 

So here we are in 2020 with 25 storms so far.  The residents on the Louisiana coast have had a double whammy with hurricane Laura slamming them earlier in the last week of August.  It was a deadly Category 4 with maximum sustained winds of 150 mph.  Just 7 mph short of a Category 5 (the deadliest) Laura was only the fourth Category 4 to strike Louisiana since records were kept.  

In addition to the numbers of storms, there are other climate anomalies.  September this year has been the hottest on record and Death Valley reached a temperature of 130 F (54.4 C) the highest ever observed.  September 2019 in turn had also been the hottest on record for our planet. 

If there are storms along the coasts and flooding due to a warming ocean, inland it is not only warmer but drier.  Forests are like tinder needing only a lightning spark or a downed electricity line to set them off.  Thus the forest fires in southeastern Australia and California.

Europe too is warmer.  Forest fires particularly in the south, and inundation are more frequent.  Reading in England for example has just suffered the wettest 48 hours ever. 

The south of France usually associated with blissful weather experienced torrential downpours with more than a half meter of rain (about 20 inches) in a day.  It was an event Meteo-France noted that occurs once in a hundred years.  And then it happened again.  Storm Alex, the cause of this misery, hit France and also Italy and England.  Floods and landslides caused serious damage north of Nice destroying roads, bridges and houses.  In adjoining Italy a section of a bridge over the Sesia river collapsed in the rising waters.  Affecting the Piedmont, Lombardy and Liguria regions, it dropped over 23 inches (0.63 m) of rain.  The Po river rose more than 9 ft (3 m ) in 24 hours. 

The key lesson from all this is that global warming is making rare events more common, that the window for action is narrowing, and that the longer such action is delayed the more onerous will be the burden on humanity.  In the meantime, the global warming already built into the system will continue to affect climate for the foreseeable future. 

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