Africa: In Pursuit of International Environmental and Climate Justice: The Roadmap

(Picture Source: EPA)

Disclaimer

The views expressed in this presentation are provided by this speaker in her private capacity and do not represent and should not be construed to represent the views, opinions, positions or endorsement of the New York State government, New York State Department of Environmental Conservation, or other New York State Agency.

Alali M. Tamuno, Esq.,S.J.D., Senior Attorney, Office of General Counsel, New York State Department of Environmental Conservation

© Alali Tamuno, 2015

Outline

• Part I: Introduction to Climate Change.• Part II: The Legal Framework for fighting Climate

Change. • Part III: Climate change: Myth or Reality? • Part IV: International Environmental and Climate

Justice: Linkage and Issues.• Part V: Africa: International Climate Inequity:

VulnerabilitiesConclusion/Recommendation

Part IIntroduction to Climate Change: What is Climate

Change?

In a broad sense, climate change refers to the modification of earth’s climate system caused by natural influences and human activity.Examples of natural causes of climate change include volcanic eruptions and shifts in the intensity and cycles of the sun.The burning of fossil fuels for electricity generation, heating and for use in the transportation industry, land use (deforestation) are examples of human activities that cause an accumulation of greenhouse gases (GHGs) in the atmosphere.

Introduction to Climate Change: What is Climate Change?(Picture Source: World Weather.com)

Introduction to Climate Change:What is Climate Change? Key Greenhouse Gases (GHGs)

(Source of Chart: EPA)

Introduction to Climate Change: What is Climate Change?U.S. GHGs Emissions (as of 2013): Human Activities

(Source of Chart: EPA)

Introduction to Climate Change: What is Climate Change? Human Activities: Industrial Processes and GHG Emissions

(Picture Source: UNEP)

Introduction to Climate Change: What is Climate Change?

Global DefinitionsIntergovernmental Panel on Climate Change (IPCC) uses the term “Climate change” to refer to: a change in the state of the climate that can be identified (e.g. using statistical tests) by changes in the mean and/or the variability of its properties, and that persists for an extended period, typically decades or longer”.- i.e. human induced and natural causes.United Nations Framework Convention on Climate Change (UNFCCC) refers to the term “climate change” as “a change of Climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods” (Article 1(2)).- i.e. human causes.

Part IIThe Legal and Institutional Framework for fighting Climate

Change: The Global Level

The Legal FrameworkUNFCCC (1992).Kyoto Protocol (adopted 1997). Copenhagen Accord (Adopted in December 2009). Durban Platform For Enhanced Action (adopted 2011) – Green Climate Fund was further developed. Doha Amendments to the Kyoto Protocol (Dec. 2012).In December 2015 a new Climate Agreement is to be adopted in Paris at COP 21.

The Legal and Institutional Framework for fighting Climate Change: Regional Level: African Region

The Legal FrameworkCairo Declaration on Managing Africa’s Natural Capital for Sustainable Development and Poverty Eradication (Feb. 2015) (AMCEN) (princs. 8, 27, 43, 45, 51, 55 & 57).Gaborone Declaration on Climate Change and Africa’s Development (2013).Nairobi Declaration on the African Process for Combating Climate Change (2009).ACHPR (Res153(XLVI)09): Resolution on Climate Change and Human Rights and the Need to Study its Impact in Africa (2009) (available at, http://old.achpr.org/english/resolutions/resolution153_en.htm).

The Legal and Institutional Framework for fighting Climate Change

The Institutional Framework GlobalUnited Nations (UN)United Nations Environment Programme (UNEP).World Meteorological Organization (WMO). Intergovernmental Panel on Climate Change (IPCC).The World Bank Group (World Bank)Regional: Africa African Union Commission (AUC).African Ministerial Conference on the Environment (AMCEN).Climate for Development in Africa (CLIMDEV).African Development Bank (ADB).United Nations Economic Commission for Africa (UNECA). New Partnership for Africa’s Development (NEPAD).Sub-Regional: West AfricaEconomic Community of West African States (ECOWAS)

Part IIIClimate change: Myth or Reality?

EPA tracks the causes and effects of climate change in the U.S. using 30 indicators under the categories of GHGs; Weather and Climate; Oceans; Snow and Ice; Health and Society; and Ecosystems (EPA, 2015). Global Climate Change Indicators1. Temperature and precipitation changes around the world?2. “Glaciers and Sea Ice” melting?3. Temperature of the Oceans increasing; level of seas rising; ocean acidification? 4. Extreme weather events/conditions becoming more frequent, lasting longer and having more damaging effects?5. Alterations with respect to global ecosystems ?6. Human health issues increasing?

Climate Change: Myth or Reality? Causes, Effects, Indicators, and linkages

(Picture. Source: Carleton University)

Climate Change: Myth or Reality?Alterations of the Physical environment?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Air Pollution?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Air Pollution and Human Health linkage?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Ice-bergs Shrinking?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Rising Sea level?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Physical Environment Changes?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Food/Agric Industries Impacts?

(Photo Source: UNEP)

Climate Change: Myth or Reality?More Extreme Weather Events in Africa?

(Picture Source: World Bank)

Climate Change: Myth or Reality?More Flooding in Africa?

(Flooding in Southern Malawi: Picture Source: Yahoo News)

Climate Change: Myth or Reality?Changing Environment (Drier Conditions) in Northern Africa?

(Picture Source: UNEP)

Climate Change: Myth or Reality?Changing Physical Environment in Africa

(Picture Source: FAO)

Climate Change: Myth or Reality? Are you Convinced?

Regardless of the side of the Climate Change debate you are on, it is hard to ignore the impacts, and indicators of global climate change evidenced by the changes in the type, length, and frequency of severe weather events around the world, rainfall pattern changes, food production disruptions, human health impacts, ecosystem changes and forced migration of people in various parts of the world. If you are convinced, what are you going to do lead in the climate change fight?

Part IVInternational Environmental and Climate Justice: Linkage and

Issues

Climate Change is viewed as an Environmental Issue andClimate Justice is regarded as a subset of Environmental Justice.Long-standing and emerging Environmental Justice Issues include: 1. Prevent Natural Resource Exploitation of Developing Countries(developing countries used as a source). 2. Prevent improper disposal/transfer of Toxic Waste from developed countries to developing countries (developing countries used as a sink). 3. Prevent Disproportionate Impacts of Climate Change on developing countries.

International Environmental and Climate Justice: Linkage and Issues

Long-standing International Environmental Justice IssueDeveloped Countries exploit/use developing countries as a source of raw materials/natural resources, e.g. in the extractive Industry (oil and gas exploration and production).Climate Change LinkageActivities in the energy development (oil and gas exploration) Industry contribute to a changing climate system, e.g.: According to the EPA, gas flaring contributes to Climate Change through the release of key GHGs during the oil and gas extraction and production process (EPA, 2013); transportation use in the extractive industry contributes to climate change mainly through the burning of fossil fuels. Principle of Climate JusticeAffirming the principle of ecological debt, Climate Justice demands that fossil fuel and extractive industries be held strictly liable for all past and current life-cycle impacts relating to the production of greenhouse gases and associated local pollutants (Princ. 8, Bali Climate Justice Principles, 2002).

International Environmental and Climate Justice: Linkage and Issues: Climate Change and the Extractive

Industry

According to the EPA, extractive industries processes contribute to alter the climate system as an energy-related activity through the:“[P]roduction, processing, storage, transmission, and distribution” of fossil fuels, which cause the emissions methane and other GHGs. In particular the flaring of natural gas contributes to Climate Change through the release of key GHGs, e.g. “methane when natural gas is not burned properly” (EPA, 2013).

Climate Change and the Oil and Gas Extractive Industry(Picture Source: Arabian Business. Com)

Climate Change and the Oil and gas Extractive Industry(Picture Source: Konrad-Adenauer-Stiftung (By: Friends of the Earth

International))

International Environmental and Climate Justice: Linkage and Issues

Long-Standing International Environmental Justice IssueDeveloped countries exploit/use developing countries as a sink and/or disposal/dumping ground for developed countries to dump or dispose of waste from such developed countries, which activities are harmful to the environment and human health in developing countries, e.g. Improper disposal/transfer of E-Waste to developing countries (under the guise of “second-hand” goods) that do not have the capability, legal and regulatory framework and/or resources to handle the e-waste in a safe manner.Climate Change LinkageOpen uncontrolled burning of e-waste when recovering parts contributes to climate change through the release of key GHGs.Principle of Climate JusticeClimate Justice opposes the role of transnational corporations in shaping unsustainable production and consumption patterns and lifestyles, as well as their role in unduly influencing national and international decision-making (princ. 6, Bali Climate Justice Principles, 2002).

International Environmental and Climate Justice: Linkage and Issues: E-Waste

(Picture Source: EPA)

International Environmental and Climate Justice: Linkage and Issues: E-Waste(Burning of Computer Parts: Ghana)

(Picture Source: The Ecologist: Source: Environmental Investigation Agency)

International Environmental and Climate Justice: Linkage and Issues: E-Waste: Burning Electrical Components in Ghana

(Picture Source: Greenpeace)

International Environmental and Climate Justice: Linkage and Issues

Emerging International Environmental Justice IssuePrevent Disproportionate Impacts of Climate Change on developing countries.Global Climate Justice Issue: Climate Inequity: Africa Africa is a Vulnerable Region for Climate Change and is suffering from disproportionate impacts. Principle of Climate Justice:Climate Justice calls for the recognition of a principle of ecological debt that industrialized governments and transnational corporations owe the rest of the world as a result of their appropriation of the planet's capacity to absorb greenhouse gases (princ. 7, Bali Climate Justice Principles, 2002).

International Environmental and Climate Justice: Linkage and Issues

Africa: Inequity of Climate Change

IPCC: Climate Change Report (2014) (Impacts, Adaptation and VulnerabilityObserved Trend (key finding).Warming of near surface temperature (an increase of 0.5C in most areas in Africa over last 50-100 years).Projected Trend (Key finding)Decrease in precipitation (likely in North Africa in the mid-late 21st century).Vulnerabilities, Impacts and Adaptability (key findings)1. Changing terrestrial and freshwater ecosystems, which has: → a negative effect on the food and agriculture industries and livestock and drinking water systems. → a negative effect on human health from the increasing water, rodent and tick- related diseases, child nutrition problem, and air pollution. →caused change in migration flows (urban and rural settlements). →created Political and economic instability and energy insecurity due to degraded natural resources.2. Climate Change Vulnerability (Adaptive capacity considered low).

International Environmental and Climate Justice: Linkage and IssuesInequity of Climate Change: Africa

Photo Source: UNEP: GRID-Arendal

International Environmental and Climate Justice:Linkage and Issues

Inequity of Climate Change: Sub-Saharan Africa

“In Sub-Saharan Africa, the researchers found food security will be the overarching challenge, with dangers from droughts, flooding, and shifts in rainfall.Between 1.5°C-2°C warming, drought and aridity, will contribute to farmers losing 40-80 percent of cropland conducive to growing maize, millet, and sorghum by the 2030s-2040s, the researchers found.In a 4°C warmer world, around the 2080s, annual precipitation may decrease by up to 30 percent in southern Africa, while East Africa will see more rainfall, according to multiple studies. Ecosystem changes to pastoral lands, such as a shift from grass to woodland savannas as levels of carbon dioxide increase, could reduce food for grazing cattle.”

-World Bank Group (2013). What Climate Change Means for Africa, Asia and the Coastal Poor. Retrieved on October 12, 2015 from http://www.worldbank.org/en/news/feature/2013/06/19/what-climate-change-means-africa-asia-coastal-poor.

International Environmental and Climate Justice:Linkage and Issues

Inequity of Climate Change: Nigeria and the Niger DeltaExcepts from Nigeria’s Second National Communication pursuant to the UNFCCC dated February 2014 provide that: 1. “For Nigeria, there could be significant sea level rise from the 1990 levels to 0.3 m by 2020 and 1m by 2050. There could also be rise in temperature of up to 3.2°C by 2050 under a high climate change scenario (DFID 2009),” which will have enormous environmental and economic consequences and require immediate and concerted actions to limit the effects of such change.2. Considering the likely effects of climate change on Nigeria’s economy, climate change is not just an environmental issue but also a critical development issue. “It has become a major threat to the sustainable development of Nigeria, like many other developing countries.”3. “For Nigeria, there could be significant sea level rise from the 1990 levels to 0.3 m by 2020 and 1m by 2050. There could also be rise in temperature of up to 3.2°C by 2050 under a high climate change scenario (DFID 2009).” These climate change impacts have significant environmental and economic repercussions and require immediate and focused actions to reduce the effects of climate change in Nigeria.-Federal Ministry of Environment, (2014).

International Environmental and Climate Justice:Linkage and Issues

Inequity of Climate Change: Nigeria and the Niger Delta4. “Nigeria is endowed with energy resources like crude oil, natural gas, coal, tar sand, and biomass. However, production is inefficient and inadequate.” Nigeria has one of the lowest “energy efficient economies in the world with per capita consumption of 138 kg of oil equivalent. Gas flaring and inefficient energy use play significant roles in Nigeria’s GHG emissions. ……….the observed climate indicates that temperatures in Nigeria have been on the increase in the last five decades and have been very significant since 1980s. After the last major drought in 1983, temperature had been above normal except in 1989 and 1992.”5. “The interannual fluctuations observed in the annual rainfall” in Nigeria are high and are the reason “for the extreme climate events such as drought and flood” in Nigeria. 6. Extreme climate events pose severe threats to economic growth at the global level, particularly to the socio-economy of developing countries. “In Nigeria, severe floods, drought, windstorms, heat waves, ocean surges and several other climate extremes have impacted negatively on the socioeconomic “ actions of Nigeria. -Federal Ministry of Environment (2014)

International Environmental and Climate Justice:Linkage and Issues

Inequity of Climate Change: Nigeria and the Niger Delta7. There are plenty of signs that show that Nigeria is highly vulnerable to climate change “resulting from both its location and the level of human resources and institutional capacity for adaptation.” Accordingly, mitigation alternatives need to be developed and implemented and adaptation schemes developed. Seasonal changes fluctuate in Nigeria depending on location. The current “extreme weather and climate events such as floods, droughts, desertification, coastal erosion and salt water intrusion from sea level rise may become severe if the future projections in the 21 St Century are taken into consideration.”8. “Climate change also has impacts on human health and vulnerability of individuals and households [in Nigeria] is increasing.” 9. “In the energy sector [in Nigeria] some of the critical issues include crude oil and natural gas production, electricity supply and fuel wood utilization. The exploitations of these resources are sources of environmental concerns in the country. For instance, growing environmental challenges associated with oil exploitation in the Niger delta has continued to increase the vulnerability of the people of the region.”

-Federal Ministry of Environment (2014)

International Environmental and Climate Justice:Linkage and Issues

Inequity of Climate Change: Nigeria and the Niger Delta

10. As a general matter, the exploitation of petroleum resources in Nigeria in over forty years has caused “massive injection of hydrocarbons in to the atmosphere as well as considerable environmental problems. “ As a result, the oil and gas industry is extremely relevant as it relates to a debate regarding climate change caused by GHGs emissions. “The production of energy in Nigeria is characterized by inefficiency and inadequacy.” -Federal Ministry of Environment (2014). Nigeria’s Second National Communication pursuant to the UNFCCC (2014) is available at http://unfccc.int/resource/docs/natc/nganc2.pdf ):

Part VAfrica: International Climate Inequity: Vulnerabilities

(Picture Source: NEPAD)

Africa: International Climate Inequity: Vulnerabilities

“……Climate Change is now recognized as an equity issue because the world’s poorest people, those who contributed least to atmospheric buildup of greenhouse gases, are the least equipped to deal with the negative impacts of climate change. Wealthier nations that have historically contributed the most to global warming are better able to adapt to the impacts. Addressing disparities between developed and developing countries is integral to the success of global climate change mitigation and adaptation. Sustainable development in Africa cannot be addressed effectively without accounting for the impacts of climate change on agriculture, conflicts and disease patterns, all of which have particular impact on the poor…..”-Osman-Elasha, B (2009)

Africa: International Climate Inequity: Vulnerabilities

“Africa is a “vulnerability hotspot” for the impacts of climate change. Its adaptation challenge will grow substantially, even if the 2020 “Emissions Gap” is closed and global-mean warming held below a 2 [degrees Celsius] increase above pre-industrial temperatures. The adaptation challenge for Africa will be much larger if the emissions gap is not closed and mitigation beyond 2020 falls short, which likely implies a 4 [degrees Celsius] warmer world at the end of the century. The level of residual damages grows substantially with increasing warming levels.”-AMCEN, UNEP & Climate Analytics (2013)

Conclusion/RecommendationAfrica: In Pursuit of International Climate Justice: The

Roadmap 1. The international community, particularly UN member states, Transnational Corporations, domestic businesses, and every individual in all parts of the world, particularly in developed countries, all have a role to play to lead in the fight for International Climate Justice, particularly as it concerns the continent of Africa. The UNFCCC promotes substantive international Climate Justice themes that can be used in the pursuit of International Climate Justice, particularly for Africa: → Protect the Climate System (Articles 3 & 4) (ensure inter-generational equity and common but differentiated responsibilities (Article 3(1), consider special needs and circumstances of developing countries (Article 3(2), take precautionary measures (Article 3(3), promote sustainable development (Article 3(4) and a supportive and open international economic system (Article 3(5), and keep commitments and ensure the transfer technology (Article )). → Promote training, education and public awareness (Article 6). → Provide financial resources (Article 11). → Exchange Climate Change Information (Article 12). → Ensure Access to Justice/Settlement of disputes (Articles 13 & 14). 2. “It’s Our Turn to Lead” (global theme for April 22, 2015 Earth Day). Lead on Climate Justice.

RecommendationAfrica: In Pursuit of International Environmental and Climate Justice: The RoadmapInternational environmental and climate justice require that the international community, particularly UN member states, immediately develop and implement an international environmental and climate justice binding legal instrument based on fairness, legal equality of all countries, common but differentiated responsibilities, increased cooperation between developed and developing countries, and intra and inter generational equity. The International Community , particularly UN member states, can lead on International Environmental and Climate Justice in particular by developing and adopting an international environmental and climate justice binding legal instrument based upon: Principles of Environmental Justice (1991)National People of Color, Environmental Leadership Summit, October 24-27 1991. (Available at http://www.ejnet.org/ej/principles.html)Bali Principles of Climate Justice (2002)Approved by a coalition of NGOs and other environmental groups from around the world in 2002. Available at ttp://www.ejnet.org/ej/bali.pdf Draft Declaration on the Establishment of an International Environmental Justice Legal Regime (2012)Tamuno, A (2012). The Legal Roadmap for Environmental Sustainability in Africa: Expansive Participatory Rights and International Environmental Justice (Unpublished).

RecommendationAfrica: In Pursuit of International Environmental

and Climate Justice: The Roadmap

International environmental and Climate Justice requires that developed countries that have historically contributed the most to global warming (primarily as a result of GHGs emissions due to industrialization) owe an ecological debt/carbon debt to developing countries, particularly developing countries in Africa. Developed countries can lead on International Environmental and Climate Justice in particular by providing:

→ [Increased] financial resources to developing countries (UNFCCC Article 4(3)).

→Assist [at increased levels] with adaptation measures for developing countries (UNFCCC Article 4(4)).

→Transfer [at increased levels] technology and capacity building programs to assist developing countries (UNFCCC Article 4(5)).

RecommendationAfrica: In Pursuit of International Environmental and

Climate Justice: The RoadmapClimate Justice “requires that we, as individuals and communities, make personal and consumer choices to consume as little of Mother Earth's resources, conserve our need for energy; and make the conscious decision to challenge and reprioritize our lifestyles, rethinking our ethics with relation to the environment and the Mother Earth; while utilizing clean, renewable, low impact energy; and ensuring the health of the natural world for present and future generations” (Bali Principles of Climate Justice (2002), princ. 26).Environmental Justice “requires that we, as individuals, make personal and consumer choices to consume as little of Mother Earth's resources and to produce as little waste as possible; and make the conscious decision to challenge and reprioritize our lifestyles to ensure the health of the natural world for present and future generations.”(Principles of Environmental Justice (1991), princ. 17).

RecommendationAfrica: In Pursuit of International Environmental and

Climate Justice: The RoadmapInternational Environmental Justice demands that the amount of waste generated in each [country] be reduced to the lowest possible levels in order to protect the global environment and the health of all forms of life on earth…….People in every part of the world should commit to a life-style change based on respect for earth’s environment and ecosystems and the conservation of natural resources, and hold their public officials accountable in the use and management of public goods and resources, and decry corruption in any form (Draft Declaration on the Establishment of an International Environmental Justice Legal Regime (Tamuno, 2012 -unpublished)).In order to safeguard the global environment and climate system, protect the health of all life-forms on earth, and reduce the impact of GHGs emissions in developing countries, especially those in Africa, that do not have the skills, capacity, or resources to undertake adaptation measures, transnational and domestic businesses and every individual in every part of the world can lead on international environmental and climate Justice in particular by:In your community: encourage the reuse of goods, particularly electronics; demand and promote waste reduction programs and policies to limit the reliance on fossil fuels; require policies for manufacturers to adopt green manufacturing processes and develop cradle to cradle product design; and support policies to require cradle to cradle recycling, and to promote composting and encourage research and education.

International Climate Justice: You Successfully Led(Photo Source: UNEP)

Africa: Namibia: Developing Country Global Success Story: Climate Mitigation: (First Developing country to submit a “Biennial Update Report” on climate mitigation measures under the UNFCCC).

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Step (2015). Person-in-the-Port Project to examine Nigeria’s e-waste imports. Retrieved on March 29, 2015 from http://www.step-initiative.org/news/person-in-the-port-project-to-examine-nigerias-e-waste-imports.htmlhttp://unfccc.int/kyoto_protocol/items/2830.phpUniversity of California Hastings (2010). Environmental Justice for All: A Fifty- State Survey of Legislation, Policies and Cases (4th ed.). Retrieved on October 14, 2015 from http://gov.uchastings.edu/public-law/docs/ejreport-fourthedition1.pdf UNFCCC (2009). Copenhagen Climate Change Conference-December 2009. Retrieved on March 29, 2015 from http://unfccc.int/meetings/copenhagen_dec_2009/meeting/6295.php UNFCCC, opened for signature June 4, 1992, 1771 U.N.T.S. 107, U.N. Doc. A/AC.237/18 (Part II)/Add.1, 31 I.L.M. 849, art. 3, (1992). Uyigue, E. and Agho, M. (CREDC) (2007). Coping with Climate Change and Environmental Degradation in the Niger Delta of Southern Nigeria. Retrieved on October 14, 2015 from http://priceofoil.org/content/uploads/2007/06/07.06.11%20-%20Climate_Niger_Delta.pdf World Bank Group (2013). What Climate Change Means for Africa, Asia and the Coastal Poor. Retrieved on October 12, 2015 from http://www.worldbank.org/en/news/feature/2013/06/19/what-climate-change-means-africa-asia-coastal-poor.