IDEATING ABOUT ENVIRONMENTAL JUSTICE IN SOUTH ASIA

ABSTRACT

Environmental Justice (EJ) grew out of environmental ethics, originating in the United States in 1980. The concept of Environmental Justice promotes fair treatment concerning the distribution of environmental benefits, the harmful and the positive impact will include participation of all people, irrespective of region, color, race, and their leadership position globally. It aims to ensure environmental equity. Safe workplace, clean water, air availability, parks, and appropriate compensation for environmental burdens. It also includes safeguarding the traditional environmental practices of local natural resources. The distributive justice and participatory aspects of EJ incorporates fundamental concepts of recognition and building capabilities. This aims at promoting the inclusion of marginalized and minority groups and building their capabilities. The article deals with the issue and deliberations on the issue of EJ which is based on the concept of building capacities among the stakeholders (Green Tribunals, Grassroot workers, Judges, Activists, Localities) in South Asian region. Keeping in mind that this region suffers from economic disparity, growing trenches of corny capitalism, religious and minority persecution.

Introduction

The core idea of Environmental Justice fundamental lies in humanism. It deals with human security and livelihoods. They prioritize social well-being. It plays a key role in our understanding of the connection between how changing climate and human security is effective for environmental conflict prevention and peacebuilding. The scarcity of natural resources has led to conflicts among tribes and societies around the world. Injustice and oppression regarding the use of high value natural resources can leave long lasting impact on societies. Climate change further intensifies these conflicts. It can even trigger ethnic cleansing. The sources of conflicts are the claim of EJ, the proportional share of environmental goods and what is lost in the past. EJ works based on recognition. Deliberate non-recognition and exclusionary practices are tied to oppression, domination, institutional subordination. Environmental destruction and irrational activities against people of colour, minority race destroy their culture and livelihood which is a cause of conflict between groups society and governments. (Mengistu Adugna Dibaba, 2020)

Where does South Asia stand on the matter of Environmental Justice?

Naturally the public forum where all the South Asian countries can meet and discuss i.e. SAARC where such issues falls flat due to political stir which is created at the domestic level. In this matter Asian Development Bank has come forward with strategies that strike the EJ for the people residing in South Asia. At the South Asia Conference on Environmental Justice held at Bhurban in 2012, highlighted major issues which are still pertinent to the current state in South Asia.

India

Taking the case of India, Ritwick Dutta (Legal Initiative for Forest and Environment India) presented the case of fractured lines of Environmental Impact Assessment is currently running in India. EIA upholds its roots from the1992 Rio Declaration- Principle 10. He explains that even if people in India have the right to raise concerns against certain projects which can potentially harm the environment, hardly any such hearings appear for public hearings. EIA clearance is required for every potentially harmful impact on the environment, however the consultancies working for such companies often are paid to propagate the project ultimately no such faults are caught in such reports leading to improper judgments. Furthermore, the reports that are supposed to be made public often are misinterpreted and moreover EIA reports are highly technical in their language making them difficult to be deciphered. There is also a problem with the bureaucratic nature of India where issues like this often suffer from credibility issues. On such grounds the issues that need to be rectified as suggested by Dutta include appeals before the Green Tribunal to be made on Environmental Impact and not economic grounds. Holistically changing the impact assessment process to make it more culturally cumulative towards the population it is going to affect. Also, rather than working on project basis it should be working by interlinking issues with one another thus building a case that proposed similar challenge, this would further allow to form a base on which further judgements related to Environmental Justice can be deliberated upon. Lastly building an accountability forum which will take account of consultants working with false information to EIA with credible criminal liability. (Asian Development Bank, 2012)

Pakistan

In Pakistan, the issue needs to be dealt with an urgent basis. The country faces almost similar problems to India which includes discharging of waste and effluents, commencing projects harmful to the environment with fake or without EIA reports, disposal of waste in public property, roads, and highways and at the same time importing hazardous waste. The Constitution Bill of 2010 or the 18th Amendment allowed increasing provincial autonomy. Environment is a subject that falls under provincial assemblies in Pakistan, whereas the legislation/rectification/implementation of international treaties falls with the Parliament. Pakistan is in a geographically sensitive area without proper precautions towards the environment it possesses risk towards its own people. (2012: 6)

This raises questions on whether a deliberate action forum can be created where the two South Asian giants can work together and facilitate towards a greater goal of establishing regional peace. However, this falls under a greater idea of environmental peacebuilding. SAARC- South Asian Association for Regional Cooperation can function as an organisation breaking the thaw that lies due to the animosity of the regional giants.

Sri Lanka

Sri Lanka which is an island country by geography is most at risk. Greater cooperation and meetings between the SAARC countries would allow better exchange of data on mitigation and litigation process. This would also allow sharing of jurisdictional data among one another to further facilitate better judgements. Sri Lanka derives majority of its share of economy from Tourism and Tea, a balance between the environment and sustainable economic development is necessary for such States. In this matter judges working on environmental related issues must consider all the stakeholders especially the grassroot workers and those affected and uphold their voices thus trying to meet their needs through innovative and appropriate remedies upholding rule of law. (2012:16)

Nepal

Nepal on the other hand is a gem-bed in South Asia, upholding the Mt. Everest and the glacier belt. Nepal also upholds various ecosystems that sustain various kind of flora and fauna, including the arid regions of the Northern part. The major issue that the state is facing at this point is the environment-based capital gains that various companies in the regions are hounding after. Such as company landing helicopters on Mt Everest, garbage piling on Everest left by hikers, tribal rights issue, the Godavari river-bed issue. The repeated number of cases were taken up the supreme court of Nepal which were based on capital-gains of companies compromising on the environment. Nepal also faces a tumultuous past with religious groups and minorities (2012:16). In such cases Nepal should adopt calibrated approach with SAARC and other organisations like ADB for sustainable growth. Regional support must be provided to facilitate information sharing, strict regulatory bodies must be set up which must adhere to the sensitive nature of the geography of the state.

Bangladesh

Bangladesh, which is currently on the economic streak with progressive lens on the GDP, but this has also brought in issues which are currently relating to the human nature and the poor conditional living for the people. The green bench in Bangladesh faces stagnation in relation to environmental issues, thus by lacking robust methods of enforcement and the innovative and yet authoritative ways of implementation. Sharing of information, having regional forum dialogue, creating a regional awareness about the condition and by bringing the activists and civil society in the forefront can allow to break the thaw. However the major steps have to be taken by the Legislature, and increasing the scope of such benches to function with further authoritative power.

Conclusion

In conclusion EJ plays an important role in maintaining the human condition for better living conditions. Setting up of Green Benches and Green tribunals at the domestic level can ascertain to a certain extent for protection, however, stronger civil society forces are required to counter the force of the growing corporatisation and the growing capital-gain on the back of the environment needs to be under check. Establishing a check and balance system at the regional level through SAARC would allow states to establish regional cooperation and knowledge sharing among the people and the judges in the region in handling similar cases.

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This post is authored by Arjoma Moulick, M.A.: Political International Area Studies Graduate from Jamia Milia Islamia, Political Science Honours Graduate from the University of Delhi and an Associate at I-PAC.