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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

Climate Change Problem: an Emerging Threat to Global Security

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Climate Change is one of the greatest challenges faced by humanity. The Greenhouse–gas emissions and over-exploitation of natural resources result in a rise in temperature which brings floods, droughts, a rise in sea level, and other destructive events. The problem is that climate change is a global bad, and it requires collective efforts and cooperation to limit its effects. One state cannot control Climate change alone because it does not take it into borders. Formally, the climate change issue was a matter of low politics, but the inception of the 21st century brought an understanding that it poses greater threats than traditional ones. The Covid-19 plays a major role in the realization of steps taken towards climate cooperation. States often make climate promises but cannot fulfill these promises because of the fascination with development and ignore climate change. But now world leaders have realized that the lessons of COVID-19 can tackle global climate change problems otherwise it will make this world difficult to live in.

 The newly elected President of the United States (US) Joe Biden inaugurated a virtual climate change summit with 42 world leaders. It includes leaders from Russia, China, Turkey, Israel, India, Bhutan, Bangladesh, and Pakistan. Setting aside all the differences, he invited leaders from those countries that are a major contributor to Greenhouse gas emission and those who are most vulnerable to climate change risk. In this summit, the Biden administration asked the world leaders to take actions to combat climate change collectively as the climate is a global good and requires collective efforts to tackle climate change. Biden has announced an aggressive new goal policy for greenhouse gas emissions. 2030 committed the US administration to reduce its greenhouse gas emission to 50-53%. The National Intelligence Director of President Avril Haines told world leaders that the climate change issue is no longer remains a peripheral issue but at the center of foreign policy. Other states such as France and Russia also promised to limit their greenhouse gas emission to 42-46% by 2030. It also committed China to play its role in the summit by announcing its willingness towards coal reduction. India reiterated its target of 450 GW of non-renewable energy by 2030 and announced to launch the “US-India 2030 Climate and Clean energy Agenda 2030 Partnership”. The Brazilian Environment Minister argued they need funds to enforce their plan to eliminate deforestation and carbon emission from their country. Vice president Harris argued that climate actions are necessary to tackle climate crises and to promote job opportunities. . Now, the US has put climate change at the center of its security and foreign policy because climate change is not only changing the pattern of the environment but it speeds up the geopolitical competition, undermine security and provoking ethnic conflicts. The climate change results in cyclones, floods, the rising temperature that disrupts social and economic conditions that threaten food security and human security.

By exploring the climate solution, the virtual summit announced the need to increase the public finance for mitigation and adaptation in developing countries. Biden emphasized the importance of investment in the public and private sectors to achieve the collective goal of net zero-emission. Further, climate actions require cooperation at the national and sub-national governments to speed up efforts to transform communities in line with limiting warming to 1.5 degrees Celsius. Another change that needs to be highlighted at the national level is that the government must not subsidize renewable energy industries and keep their prices high to contain their over-exploitation.  It is easy to make promises as states do, but the problems emerge in its implementation. For decades, climate change has raised concern but states often prioritize development over the environment. This is real-time for states to limit their emission and comply with the promises they have made in the summit otherwise it will lead to never-ended consequences.

COVID-19, a super-fast placed event that emerged from one part of the world and quickly spread throughout the entire world. By its speed of diffusion, it reduced all the emissions at an expensive cost, thus halting the global economy. So still we have time to think about other efficient means of emission reductions to prevent countries from the intolerable burden of Climate Change. But the challenge is how to keep that emission reduction after the pandemic. Second, just an as sharp and instant change of behavior is possible with COVID-19 so to deal with climate change a behavior change is also possible, thus shifting to the low carbon emission all depends on seriousness and credibility to the mortal threat. Third, a key implication of COVID-19 to climate change is that how to reorganize the economy so, in the post-pandemic world, it is the human interaction that would determine the organization of the economy. Thus future will determine whether a low contact economy with a clean environment would be a lower carbon emission economy or not. Further, states must focus on how to open up the economy in the Green Revolution. Another major issue which the world leaders failed to address is the global problem of Covid-19. Despite the technological advancement and huge development, zoom diplomacy began with a distorted voice from the most advanced countries of the world. There is a need to cooperate on a matter of Covid-19 so that states think on the wider notion of climate actions. Thus we have to use all these lessons in the context of climate change to make this world a better place to live in.

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Green Planet

Rails, Roads And Emissions

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It is common knowledge that emissions affecting climate are least for rail travel in comparison with airplanes or road vehicles.  Consequently the $80 billion allocated to rail in an otherwise laudable budget appears paltry. 

Why is the US not investing in rail?  The usual reason given is that distances are so vast that it’s a no-brainer for business travellers to rely on commercial airlines.  But the way the technology is advancing, and as Europeans (and the Chinese) have demonstrated, a network of high-speed rail can offer a greener alternative. 

Trains are getting faster and new innovations like tilting trains lower the cost of replacement tracks.  If 200 mph is being breached more often, then 250 mph should be in our sights.  And Elon Musk has proposed vacuum tubes to remove wind resistance and reach even higher speeds. 

Yet a 250 mph rail network with average speeds in excess of 200 mph would revolutionize the concept of travel.  New York to Chicago in five hours and east to west coast overnight with the possibility of visiting neglected areas out of reach with expressways and airplanes would bring new growth and dynamism where it is needed. 

A point to note is prevailing interest rates.  They are so low historically that railroad bonds at a competitive interest rate would be snapped up  especially if they were guaranteed by the government. 

While one can agree with the aims and compassion clearly evident in the president’s proposals, the process to achieve them is less clear.  In particular on climate change the goal of net zero emissions within a decade is laudable.  But a speedy switchover to electric vehicles raises questions: Simply, how?

The system is geared to internal combustion engines.  Mechanics train for years to become proficient.  Aside from that, has anyone wondered what happens to all those large electric car batteries when they have to be replaced?  Since lithium used in them is a finite resource, it would have to be recovered or the 80 million tons estimated to be the world’s store would eventually be depleted.  

Another issue is the electricity used to charge the batteries.  If it comes from a coal-fired plant, are we back to square one?  Currently about a quarter of the electricity generated in the US comes from coal. Of course dealing with pollution at the source (like a coal plant) is easier. 

The number of Americans living paycheck to paycheck (roughly half) is just one more reason the changeover to electric vehicles might take a while; they just don’t have the funds.  Add to these numbers the elderly living on fixed incomes or the ranks of the unemployed and one can understand the scale of the problem.  

One can laud the US president’s goals but we need to see some action (even proposals) to facilitate them. 

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Green Planet

Global Environmental Governance and Biden’s Administration

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Being the largest emitter of greenhouse gas in the world, it is the responsibility of U.S to contribute expeditiously to manage the environmental issues at domestic and international level but the previous government, under the leadership of Trump, took back seat and reversed all the decisions of Ex-president Barack Obama to combat the climate change. Unlike this, New Elected President, Joe Biden, who is very enthusiastic and firm to fulfill all the promises regarding climate change which were done during the general election’s campaign. Moreover, he views climate change a thwart to national security. One of the biggest achievements associated with Biden’ administration regarding environmental issues is to bring U.S back into Paris Climate Accord and brought executive order’’ Protecting Public Health and the Environment and Restoring science to tackle the climate crisis’’ on the surface.

A flurry of changes to U.S environment policy is going to play a constructive role in global environmental governance under Biden administration. Even before elections, climate change was one of the top priorities and aimed to put the U.S on a path which leads towards ‘’ Zero Net’’ greenhouse gas emission. In the very early of His office days, He is very committed to deal with the climate change as they hosted ‘’ Climate Day’’ to introduce government climate centric approach to emphasize on the climate change.  Biden administration also ordered to revoke a permanent issued for Keystone XL oil pipeline which trump issued for extraction of oil and energy which is dangerous to national ecosystem. In addition to this, they are also very active to promote US role to tackle the climate change at domestic and abroad. At domestic level, Biden’s actions are speaking louder than the words as he has ascribed the climate crisis with a national emergency. At the time of his inauguration, Biden said: ‘’ A cry for survival comes from the planet itself, a cry that can’t be any more desperate or any clearer’’. He also directed his cabinet to work on the policy of ‘’ social carbon cost’’ to measure the cost of actions and how costs will impact the climate change. He endeavors to control the climate change by keeping a strict eye on the big project’s reviewing process before working under the National Environmental Policy Act which calculates the social costs of greenhouse gas emissions.

On international level, Biden has been striving to improve the spoil image shaped by the previous government regarding global environmental governance as he has declared to rejoin the Paris Climate accord which would help to reduce the greenhouse gas emission. In the result of this action, Biden was welcomed by the General Secretary of the United Nations and French Prime Minister Emmanuel Macron by saying ‘’ Welcome Back to the Paris Agreement’’. Moreover, Biden Administration is very determined to convene a global climate summit on the earth day to encourage leaders to align themselves with scientist to alleviate the impacts of climate change. On international forums, US need to cooperate and compel the economic trade partner to take actions to combat with climate crisis. One of the essential steps taken by the Biden administration is to manage the climate refugees which aim to make strategies to compensate the climate affected migrants.

The thin majority of democratic in the senate does not only limit the possibility for Biden to achieve climate change reforms along strong anti-climate lobbyist business group who are inimical to the reforms particularly relevant to vehicle, power plants and oil and gas drilling industries. Without new climate legislation from congress, it would be not an easy task to implement the climate agenda across the borders. The vocal resistance comes from the coal production sectors which result in burning of fossil fuels and caused of greenhouse gas emissions. Whereas, few sectors are opposing the agenda there are also companies specially electrical vehicles are exclusively offering assistance to Biden for the sustainable development. Undoubtedly, environmental organizations and scientists community applauded the Biden decisions but few business groups have also filed a lawsuit against Biden to not stop the new permit for oil and gas drilling. There are also concerned raised by the community that climate actions will delete many jobs and cause of upsurge in unemployment percentage across the federation.

It is very evident from the ambitions of Biden’s action regarding climate crisis that he is very interesting to mitigate and curb the climate change but it will require highly comprehensive strategy aims to manage the reforms in laws while taking congressmen in confidence because most of them are not in favor of climate actions due to clash of interests. On the other hand, there is need to work on renewable energy resources at domestic and international level and for this US should compensate the companies to compete with the old capitalized firms which do not want safe and peaceful planet. Moreover, there is need to bring reforms in existing environmental treaties and their compliance process which should be strictly followed by the harsh actions against the violators. The process of financing the agendas which are very environment friendly and transforming the resources to the periphery states should be done swiftly to improve the environment across the globe. The aims of achieving sustainable development should be promoted and supported by the US across the world.

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