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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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Satellites record second lowest Arctic sea ice extent since 1979

MD Staff

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The polar oceans are among the most rapidly changing oceans in the world. The yearly cycle of the build-up and melting of Arctic sea ice is one of the earth’s vital signs and a key climate variable monitored by scientists.

While they may be far from the world’s major population centres, changes in the polar regions have global implications: they affect the world’s climate through carbon storage and/or release, heat balance, and other environmental and ecological impacts.

One of the most visible indicators of this change is the reduction in the extent of Arctic sea ice by the end of September each year.

Since 1979, scientists have observed a decrease in the extent of Arctic sea ice in all months of the year. The September minimum extent is 36.5 per cent smaller in the period 2010–2019 than it was in the 1980s.

In a recent Intergovernmental Panel on Climate Change report (IPCC, 2019), scientists observed a reduction trend of 12.8 per cent (± 2.3 per cent) per decade. With 4.1 million square kilometres, the 2019 minimum arctic sea ice extent is the second lowest (after the record low of 2012) since the beginning of satellite monitoring in 1979. This rate of decline is likely (between a 66 per cent and 90 per cent probability) to be unprecedented in at least the past 1,000 years.

Arctic sea ice increases its extent during the northern hemisphere winter, reaching its maximum in March before decreasing during the summer. The extent of Arctic sea ice in 2019 was the second smallest since satellite monitoring started in 1979. This graph is updated daily and can be accessed from the UNEP World Environment Situation Room.
Graph by UNEP/GRID-Geneva, based on data from the National Oceanic and Atmospheric Administration and the National Snow and Ice Data Center

Under a scenario of global heating of 1.5°C above pre-industrial levels, by the end of the 21st century, the Arctic ocean would only be ice-free in September once in every 100 years. Under a global warming scenario of 2°C, this would occur as much as one year in three, according the IPCC.

During the period monitored by satellites (1979-2019), the minimum Arctic sea ice extent in mid-September has shown a sharp decline (12.8 per cent per decade), which is likely to be unprecedented in the last 1,000 years. The summer of 2019 saw the second smallest extent of Arctic sea ice (after 2012).
Graph by UNEP/GRID-Geneva, based on data from the National Oceanic and Atmospheric Administration and the National Snow and Ice Data Center.

Loss of sea ice increases global heating. White snow reflects sunlight, whereas water absorbs it. Declining Arctic sea ice, therefore, amplifies the warming up of the Arctic. Temperatures increased by around 0.5°C per decade between 1982 and 2017, primarily due to increased absorbed solar radiation accompanying sea ice loss since 1979. This is twice as fast as the global average.

Arctic sea ice reflects the sun’s rays. As ice cover decreases, more of the sun’s rays are absorbed by the ocean, leading to further warming. While melting of sea ice does not directly contribute to sea-level rise, it contributes to the warming of the oceans, thus inducing thermal expansion.
Satellite images for 1979 and 2012 are from NASA (arrows added by UNEP/GRID-Geneva).

Thinner ice

Not only is the extent of Arctic sea ice reducing, but it is also much thinner, and scientists observe a transition to younger ice. Five-year-old sea ice has declined by about 90 per cent since 1979.

This has several impacts. It reduces the reflection of light, thus contributing to thermal expansion of the oceans. The change in Arctic sea ice extent may influence mid-latitude weather, and it may affect the regional composition of species, their spatial distribution, and the abundance of many marine species, with impacts on the structure of ecosystems.

For instance, reduced ice cover is adversely affecting the habitat of polar bears which now need to travel greater distances and swim more than previously, particularly threatening young cubs.

While the science tells us that global heating is happening, the exact impacts on fragile habitats and ecosystems are much harder to predict. 

“There is an urgent need to reduce our greenhouse gases emissions,” says Peduzzi.

UN Environment

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Dying Wildlife on a Warming Planet

Meena Miriam Yust

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Authors: Meena Miriam Yust and Arshad M. Khan

The emaciated polar bear, a sorry remnant of magnificence, raiding garbage cans in an iconic, even infamous photo, is one consequence of global warming.  As the September (2019) National Geographic cover story displays depressingly, Arctic ice collected over winter is sparser, thinner, and now disappears completely during summer in parts of Canada.  If the effects of global warming are staring us in the face, then only the woefully or willfully ignorant – like Trump – can ignore them.  

One more aspect of warming on Arctic ice has been reported recently.  As we know, two-thirds of an iceberg lies under water.  As sea water warms, melt increases and scientists have made measurements to discover that submerged parts of icebergs and glaciers entering the sea are melting significantly more than was previously believed, contributing to rising sea levels.

Researchers are warning that permafrost collapse in the Arctic is releasing nitrous oxide, methane, and carbon dioxide.  The store is vast: nearly 1,600 billion tonnes of carbon lies trapped in the frozen soils of the permafrost region as a result of decaying organic matter over millennia.  That is almost double the quantity in the atmosphere.

The environmental costs of global warming appear in yet other unexpected ways.  A new paper in Science reports the threat to coral reef reproduction.  Free-spawning marine species synchronize spawning as a way to ensure reproduction.  In this way the gametes developed are so numerous that some escape their predators, ensuring species survival.  Global warming is now affecting this reproductive synchrony, threatening coral reef recovery.

Rising ocean temperatures impact fish, plankton and crustaceans, in turn affecting the creatures that feed on them.  So now sea birds, like the puffin, are struggling to stay alive.  These are striking birds with black and white plumage, bright orange legs and feet, and, during the mating season, orange beaks.  This past May, it was estimated that between 3,150 and 8,500 puffins starved to death in the Bering Sea, their emaciated bodies washing ashore on the Pribilof Islands, some 300 miles west of mainland Alaska.  Prior to the mass deaths, there was a documented period of elevated sea surface temperatures in the eastern Bering Sea according to scientists.  The unfortunate result was a shift in zooplankton composition and in forage fish distribution, both food sources for the puffin.

In Iceland, too, puffins are in trouble.  Researchers discovered that thousands of puffin chicks had died from starvation in the summer of 2018.  It turns out rising ocean temperatures have pushed cold-water fish farther north leaving the baby pufflings with little to eat.  The International Union for the Conservation of Nature (IUCN) has categorized the Atlantic puffin (Fratercula arctica) as vulnerable on its red list.  

Rising ocean temperatures are also affecting food availability and the habitat of many Arctic creatures, including the walrus, polar bear, gray whale, arctic fox, and ice seal.  Some are starving to death, some wandering long and far in search of food.  Polar bears rely on sea ice to hunt seals at their breathing holes.  When the sea is not covered in ice, breathing holes become unnecessary as the seals can come up anywhere for air, and are no longer easy for polar bears to snatch up.  The World Wildlife Fund has reported a 40% drop in number of the southern Beaufort Sea polar bears between 2001 and 2010.   Worse still, scientists forecasting global polar bear populations estimate a high probability that 30% of polar bears worldwide will be gone by 2050.

Declining sea ice is also harming seals. Baby harp seals lie on the ice during their fragile first few weeks of life.  Without a thick and stable span of ice, seal pups may drown or be crushed by broken ice.  In 2007, a then surprising 75 percent plus of pups died due to thin ice conditions; in 2010, nearly all.  “Some years, when there’s poor ice in a given pupping ground, essentially all of the pups don’t make it,” says Duke marine biologist David Johnston.  As temperatures continue to rise, seal survival becomes precarious.

The Pacific walrus population is in decline with only 129,000 animals left.  Due to climate change, the floating summer ice that walruses used to haul themselves upon to rest is now way up north.  Consequently the animals are swimming ashore and taking to land in huge numbers.  Unfortunately their feeding grounds are far away from shore, forcing a 250 mile round trip.  In addition to exhaustion from traveling long distances and food scarcity, walruses also face threats from being on the beach in vast crowds.  In 2014, 35,000 walruses were seen together on the shore near Point Lay, Alaska.  The animals, which can weigh as much as 1.5 tons, can be frightened easily by loud noises like airplanes, causing stampedes and mass deaths by trampling, especially of young calves – as many as 500 in one incident.  If ice continues to diminish, their future looks bleak.  

Then there are the gray whales.  Their favorite crustacean is the amphipod – a small flat morsel with segments and antennae resembling a grasshopper.  These lipid-rich crustaceans are devoured by whales in bulk.  Over the past 30 years, as currents have warmed and sea ice has melted, amphipod populations have declined in the Bering Sea whale feeding area.  As a result, gray whale mothers and babies have had no choice but to swim north through the Bering Strait and far into the Arctic Ocean in search of an alternate food supply.  They are so hungry they are eating krill and mysid shrimp, but as it takes an enormous quantity to match the calories of lipid-rich amphipods, the whales remain hungry.

The North Atlantic right whale, a species federally classified as endangered, is also affected by the rising ocean temperatures.  The Smithsonian reports that right whales eat more than 2,000 pounds each day, mostly copepods.  Their favorite copepod, the Calanus finmarchicus, has dramatically declined because some of the deep waters of the north Atlantic have warmed almost 9 degrees Fahrenheit since 2004, forcing right whales to migrate elsewhere in search of food.  Several right whales have been found dead in Canadian waters in recent months, and a sixth dead whale was found in the Gulf of St. Lawrence in July of this year.  The steep rise since 2010 in the deaths of these whales from shipping vessel strikes as well as entanglement with fishing gear is attributed to the animals moving into new and unexpected areas where speed restrictions for vessels are not in place.  With some 400 right whales left (out of 500 in the early 2000s) and about 100 breeding females, the species may face extinction if these trends continue.  Researchers are hoping to use satellite technology to detect whales in new territory, allowing for faster responses in moving fishing nets and large vessels.

Creatures large and small face threats from melting ice.  Lemmings are like hamsters of the tundra – small, furry rodents with faces and whiskers as adorable as the childhood pet.  In winter, northern Norway lemmings burrow under the snow for insulation and protection from prey.  During good snow seasons, they reach population peaks and their young prosper.  But in Norway in recent years, rising temperatures are causing repeated thawing and icing periods resulting in poor snow conditions for the lemmings.  The resulting altered and reduced population cycles mean lemmings are no longer reaching population peaks. 

The arctic fox relies on lemmings as a primary food source, and scientists believe lemming decline has contributed to sharp declines and breeding failures in the arctic fox population of Norway.  Arctic foxes also face threats from the red fox, a larger more aggressive animal, which historically lived south of the arctic fox habitat.  Due to climate change and warming of the Arctic, however, the red fox is encroaching on arctic fox areas.  Warming is also converting the tundra to shrublands, a habitat the red fox desires.  The poor arctic fox faces loss of habitat, decreased food availability, increased competition for food, and possible displacement by the red fox.  And with the Arctic continuing to warm, these changes will only become more extensive.  Small wonder then that the arctic fox often has to travel long and hard to find food.  One female captured all our hearts as it traveled 3,500 km from Norway to Canada in 76 days, its remarkable journey including 1,512 km on sea ice.

These few examples demonstrate the impact of global warming on diverse forms of life — from coral reefs and lemmings to the right whale.  We learn that changes in plankton and tiny crustaceans can starve a giant whale and diminishing ice cover can cause polar bears to lose their primary food source, and we begin to register the intimate interconnectedness in the web of life.  Human well-being too is tied to this chain of life.  If fish decline, so does a food source for humans and the water birds that feed on fish, and as insect pollinators decline, so do our crops and the plants around us.  A study suggests that 40% of insect species are in decline.  And the U.S. and Canada have lost three billion birds since 1970.  In this anthropocene age, humans are not rapacious owners but stewards of our planet, holding it in trust for succeeding generations.  It is what the young led by Greta Thunberg are forcefully making clear to their elders.   

Author’s note: This piece first appeared in CommonDreams.org.

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The Climate Action Summit Fiasco

Dr. Arshad M. Khan

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No one could fail to be touched by the fear (for the future) and urgency in Greta Thunberg’s young voice as she broke down while addressing world leaders on the last day of the UN Climate Summit.  The IPCC (Intergovernmental Panel on Climate Change) Special Report on the oceans showed a worse prognosis, the patient is clearly worse.

Sad to say, despite all Greta’s efforts, nothing happened — no commitment by any of the major polluters.  Trump sauntered by before going on to mock her in his address — a grown man bullying a 16-year old girl! 

UN Secretary General Antonio Guterres wanted a commitment to the higher ambition of limiting global warming to 1.5C instead of 2C.  He got excuses, and of course no promise of net zero by 2050 from any major polluter.  Net zero implies balancing carbon emissions with carbon removal.  He also wanted a commitment to no new coal plants beyond 2020. Instead China, India and Turkey will be shamelessly expanding coal power well beyond that date. 

China wanted the developed nations to take the lead due to their long history of emissions and consequent responsibility.  It refused to make concrete commitments unless the US and EU did so.  The EU blames Poland, a coal exporter; the US has Mr. Trump.  In the end none of the major polluters (China, India, EU, US) did although 80 other countries pledged to reach net zero by 2050. 

Included in the 80 who pledged were 47 least developed countries (LDCs) although they are the least responsible for the emissions.  They have also been victimized by past colonialism, slavery, and for many the IMF’s notorious structural adjustment programs.

The climate data from the World Meteorological Organization (WMO) presented at the summit is sobering:  Global temperatures are up 1.1C since 1850 of which a 0.2C (or near 20 percent) rise occurred from 2011 to 2015.  The five-year period from 2014 to 2019 is the hottest on record while carbon emissions over the same period are up 20 percent from the previous five years.  Sea level rise since 2014 has averaged 5mm annually while the 10-year average up to 2016 was only 4mm.

One consequence of the sea level rise and warmer temperatures has been the human catastrophe from the unprecedented storms in Mozambique and the Bahamas recently.

Ninety percent of the excess heat from climate change is absorbed by water, and the WMO recorded the highest ocean heat content on record in 2018.  It poses a special danger for the Greenland ice sheet and the Arctic.  New research (July 2019) also finds melt under the water surface from glaciers reaching the sea and icebergs is ‘orders of magnitude’ greater than previously believed.  It threatens a dramatic sea level rise by the end of the century.  

Professor Brian Hoskins, a meteorologist from Imperial College London warns, “Climate change due to us is accelerating and on a very dangerous course,” adding “We should listen to the loud cry from the school children …”  No one is listening Professor, despite human-induced warming exacerbating storms, wildfires, heatwaves, coastal flooding, etc.  No, not a single major polluter stood up to make a commitment.  The EU blames Poland which relies on coal exports and has veto power over any EU-wide policy; the US, Brazil and Saudi Arabia scrupulously avoided the event as if it were a plague.

The IPCC officially adopted its report on oceans and the cryosphere (those portions of Earth’s surface where water is in solid form, including sea ice, lake ice, river ice, snow cover, glaciers, ice caps, ice sheets, and frozen ground).  Compiled by 100 scientists, it  forecasts a catastrophic rise in sea levels, coastal flooding and worsening disasters.  It moved none of the implacables — not even the terrifying fact that Greenland’s ice sheet alone can raise sea levels by 20 feet.  All of it was ignored and instead of a breakthrough, the IPCC was left touting its evidence and reports at the end of the summit.

To summarize, nothing happened.  The climate action summit became a climate inaction summit, and the climate can was kicked down the road to Chile for the next IPCC meeting in December. 

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