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September 26, 2004

International law and EIA: context of River Linking project

Mohammad Monirul Azam and Md. Saiful Karim

India is interested to implement a mega scheme like the proposed river-linking project that may turn the Bangladesh delta into a desert. It is apprehended that the proposed river-linking project will encounter significant socio-economic, ecological, environmental, biological and gradual deterioration of morphological characteristics of the rivers-systems in Bangladesh.

It is really unfortunate that this time Indian govt. is ignoring the adverse effects it may have upon its neighbouring countries and also the principles and obligation as laid down under international law for conducting an Environmental Impact Assessment (EIA) and social impacts of this project. This article will focus on the necessity of an EIA regarding this project from the perspective of international law and environmental concerns.

Environmental Impact Assessment (EIA)
An environmental impact assessment is a systematic and detailed study of the adverse effects that a planned activity may have on the environment. The EIA is meant to ensure consideration of a project's environmental impacts and to influence policymaking by predicting the implications of a project and aiding in the mitigation and alleviation of any harm. Principle of environmental impact assessment is gathering strength and international acceptance, and has reached the level of general recognition.

United Nations Environmental Programme (UNEP) promulgated goals and principles of environmental impact assessment in 1987. The UNEP document defines environmental impact assessment as "an assessment of the likely or potential environmental impacts of a proposed activity" and encourages the use of comprehensive environmental impact assessment.

International Obligation to Conduct an EIA
The origin of environmental impact assessment can be found in the 1972 Stockholm Declaration, which resulted from the first international meeting on the environment. Twenty years later, at the second international conference on the environment, the Rio Declaration on Environment and Development recognised the obligation to undertake environmental impact assessment. The Rio Declaration under Principle 17 states that "environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse effect on the environment…"

In addition to the Rio Declaration, many other international environmental agreements and treaties promulgated both before and after the Rio Declaration mention, discuss, and require environmental impact assessment on an international level.

Article 206 of the 1982 United Nations Convention on the Law of the Sea also requires environmental impact assessment of any activity likely to cause pollution of or significant and harmful changes to the sea.

Article 2 of the United Nations Convention on Environmental Impact Assessment in a Trans-boundary Context (Espoo Convention) states that an environmental impact assessment shall be undertaken prior to a decision to authorise or undertake a proposed activity that is likely to cause a significant adverse trans-boundary impact.

The United Nations Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes stress on notifying other States of projects with potential environmental effects and provides for the participation of the public that may be affected and establishes a system of post-project monitoring and analysis.

It is worth noting that the Convention on the Law of the Non-navigational Uses of International Watercourses, 1997 refers directly to environmental impact assessment. This list is only a small sampling of the many documents, which mention environmental impact assessment on an international scale.

Practices of International Organisation
In addition to the above list of treaties and documents that include EIA, many international organisations also support EIA procedures. The World Bank Operational Directive on Environmental Assessment (OD 4.01), which is introduced in October 1991, mandated an environmental assessment for all projects that may have significant impacts on the environment. The Asian Development Bank also established procedures for EIA in the early 1980s. The Organisation for Economic Co-operation and Development (OECD) also encourages the use of EIA by states that aid developing countries.

Other organisations like the Inter-American Development Bank, the Organisation of American States, the United Nations Development Programme, the European Commission, the African Development Bank, and the European Investment Bank etc promotes EIA as a prerequisite for funding. Therefore, methodology of EIA is used widely throughout the world for initiating, proposing or funding projects that may have adverse environmental effects.

EIA in River Linking Project
The main argument against the river linking project is that a proper environmental impact assessment of the project is yet to be conducted. An environmental impact assessment is vital to this project as a consideration of potential impacts on all environmental resources, including water and biodiversity, in an integrated manner and adverse effects it may have upon the co-basin states like Bangladesh.

India's claim that the project is still a concept or idea is a trick or a mere pretence for avoiding it's obligations to ensure an EIA, access to information, negotiation in good faith etc. and in the mean time to proceed with the project under veil.

We therefore, urge the Government of Bangladesh, concerned officials, transitional civil society members and all the peace loving and environmentalists of the South Asian region to put pressure upon the Indian Government to consider the following before proceeding any further on the project-

*Make available all information on this project for a transparent and independent professional assessment.
*Any withdrawal of water at upper catchments may cause depletion of water resources lower down the river. This may cause severe inter-district, inter-state, inter-country disputes as witness in the cases of Cauvery among different states of India and between Indo-Bangladesh in the case of Ganges.
*A systematic full cost - benefit analysis for the project on ecological changes caused in the total basin may turn out to be economically fatal for the present & future generations.
*The criss-cross of canals for inter-basin transfer of water will completely jeopardise the hydrological balance of the region creating immense problems of water logging and salinisation of land.
*Such a mega project will cause loss and livelihood of lakhs of people both in Bangladesh and India including many indigenous peoples in India. So how this project will compensate the stakeholders both in Bangladesh and India should be considered seriously.
*The mountains, glaciers, rivers, deserts, oceans, forests & climate are all connected like a web in a macro-dynamics of nature. We cannot tamper with such macro forces without a proper understanding.
*The proposal of Govt. of India must go through a series of public hearing throughout India including the affected regions of Bangladesh (because Bangladesh Govt. alone can't permit India without consulting it's affected peoples) leading to the establishment of an 'Independent Commission' consisting of environmental scientist, geologists, geographers, hydrologists, lawyers, sociologist & economist to go through the public opinion to assess the best alternative option to fulfil its justifiable prioritised needs within the parameters of sustainable and equitous development.
*The project, if implemented, would ultimately lead to total decay of the existing river systems, especially deltaic distributaries and invite an ecological disaster.

Concluding Remarks
Although all states have the right to initiate development projects and enjoy their benefits, there is likewise a duty to ensure that those projects do not significantly damage the environment of other countries. As mentioned earlier, yet there is no environmental impact assessment of the proposed project. But after proper environmental assessment the project may not be considered so viable as predicted now and it will cause significant harms in Bangladesh.

Principle of trusteeship of the earth's resources, the principle of intergenerational justice, the principle of development and environmental conservation must go hand in hand with any kinds of development work like the river-linking project. That is why, without EIA India's initiatives on river linking project is a violation of international environmental law and human rights law and any future version of the River Linking Project must be preceded by a complete EIA including it's social and environmental consequences in other co-basin states.

Mohammad Monirul Azam: Lecturer, Department of Law, Premier University, Chittagong.
Md. Saiful Karim: Officer, Bangladesh Environmental Lawyers Association (BELA).