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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 241
June 10, 2006

This week's issue:
Environment Day Special
Star Law analysis
Fact File
Human Rights Advocacy
Law Week

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Environment Day Special

Right To Safe Environment
World Environment Daye

Barrister Harun ur Rashid

On 5th June, the World Environment Day is observed by all nations. The Day is observed to highlight the link between environment and well-being of human beings. The right of human beings to a healthy environment reinforces the concept that environmental protection is viewed in recognition of interests of future generations. The world environment must be left for generations in such manner so that they can enjoy and live in a world free from pollution with all biodiversity in tact.

What is environment?
It means physical environment of the earth. That implies the state of conditions of air, water and soil of the earth. Are they clean or polluted? Human beings must be able to live in an environment that is clean. Some say that this is a human right for every person.

Humankind has occupied the earth more than 65,000 thousand years but in modern times human activities including wars have seriously degraded the environment of the earth.

Human beings take environment for granted but currently their rapacious activities led to global warming, ozone depletion, deforestation and desertification that have put the entire planet in peril. With degradation of environment, there is a deep concern that living of human beings faces many serious adverse consequences that may not reversed quickly.

One of the important components of environment is the conservation and preservation of forests and natural biodiversity. Forests act as “carbon sinks”, absorbing carbon dioxide, one of the green house gases behind the global warming. Experts maintain that forests regulate temperature, rainfall and influence climate by a complicated interaction among ground, air, water and trees that remains unfathomable for human beings.

Sustainable environment
The degradation of environment led to the concept of sustainable environment. Sustainable development means that natural resources may be used in such a way as to meet today's needs without compromising the ability of future generations to meet their needs. In 1987, a report under the title “Our Common Future” was released. The report stated that with prudence and common sense actions worldwide, sustainable environment was possible. In doing so, community organizations are to be involved in making aware ordinary people of the dangers of environment degradation. The common slogan is “reduce, recycle and recreate”

Many experts say that current lifestyle in rich countries cannot continue for long and they need to be changed to protect environment. Most economy depends on fossil energy (oil and gas) and the need of designing economy based on a source of renewable energy is imperative. Fossil energy is to be substituted gradually by solar, wind, tidal, and geothermal energy. Even biomass energy should be used to replace fossil energy.

There is a debate now going on producing nuclear energy. While the advocates say that nuclear energy is clean and cheap, the opponents maintain that nuclear wastes pose serious risk to human beings for radiation and its storage is not easy because the life of nuclear wastes lasts thousands of years. The debate of production of nuclear energy in Europe, US and Australia demonstrates that clean energy has been accorded top priority for sustainable environment.

Global action
The threat of global environment was first highlighted at the 1972 Stockholm Conference on Human Environment. In 1987, the Montreal Protocol addressed the depletion of ozone and stressed the need for alternatives.

In 1988, the Inter-Governmen-tal Panel on Climate Change (IPCC) was set up by the World Meteorological Organisation in Geneva. The body consists of 20 climate experts, oceanographers, atmospheric physicists, economists, and other specialists whose job is to provide the best scientific data about man-made global warming and its effects on environment.

The most significant global treaty for environment is the 1997 Kyoto Protocol. The Treaty came into effect with the ratification of Russia. It has been agreed under the Treaty greenhouse gases will be reduced by 8% by the European Union below the 1990 levels, 7% per cent by the US and 6% per cent by Japan. These targets are to be reached by 2010-12.

The weakness of the Treaty lies by the non-ratification of the Treaty by the US, the largest polluter on earth (36% per cent of world's pollution as against 24% of the European nations). The Bush administration is reportedly not convinced that global warming has been due to human activities and due to the use of fossil energy.

A sizeable segment of industrialists in the US are in favour of utilizing fossil energy (oil, coal and gas) for growth of economy. While the opponents say that the policy of the Bush administration towards protection of environment is flawed and the recurrence of typhoons such as Katrina can be attributed to global warming.

The IPCC has now cautioned all nations that unless global action is undertaken to arrest degradation of environment, human health with all its attendant consequences will be seriously affected. Disease will increase, output of agriculture will drop, severe summers and harsh winter will occur and many low lands will go under water because of global warming.

Bangladesh and environment
Poor countries face environment degradation issues, mostly because of poverty of people. When people are poor, their daily activities including their living of unhygienic conditions add to environment degradation. The slums where they live become the instruments of environmental pollution.

A recent report by the Centre for Urban Studies (DS/22 May) stated that “ in Dhaka, both the number and slum settlements have doubled during the last nine years from 3007 clusters in 1996 to 4966 in 2005 and from 1.5 million slum dwellers to 3.4 millions.” All urban areas in the country have clusters of slum dwellers where densities are normally 8 to 10 times higher than average city population. These slums have become one of the agents of environmental pollution in the country.

Other issues of environment consist of increase of population (242 million by 2050), ground water contamination by arsenic, improper disposal of industrial, medical and household wastes, decrease of wetlands, reduction of flow waters in rivers and only 10% per cent of cover of forests (minimum 25% per cent of total land territory).

There is a growing awareness among community in urban areas about the dangers of environment in the country. A few NGOs have been active in disseminating information about human activities that pollute environment and also in gearing activities to protect environment. The rivers, low lands including wetlands, forests, tree- planting and environmental friendly activities must be given high priority and the community based organisations must be given credit for their dedication.

The government has also come up with laws and actions to protect environment, although much remains to be done. Polythene bags are banned and twostroke engine scooters cannot operate on the roads in cities. Environmental courts have been set up.

The main problem is the effectiveness of laws and evidence suggests that it is poor in implementing laws in the country. The main question is related to governance and not laws.

One of the hazards of environment is the inept manner of disposal of household wastes by the Municipal Corporations in Dhaka city. The wastes are not only ugly sights on the main streets but also source of disease, flies and other vermins. Such openly kept household wastes pose risk to health and environment and are hardly seen anywhere in capital cities. The Municipal Corporations may give it to private enterprising agencies which will take care of wastes turning into fertiliszers, and at the same may earn money.

Another problem for Bangladesh is the deforestation in Nepal and India. Such massive felling of trees has direct impact on Bangladesh in frequency of floods and desertification. With less trees, rains cannot be absorbed, resulting erosion of soil. Naturally this causes deposit of silts on rivers in Bangladesh and overflowing of river waters during monsoons. There is a saying that if Nepal sneezes, Bangladesh will be getting flu.

Regional cooperation on environmental protection within SAARC countries is necessary. Although much remains in resolutions and declarations, practical measures are almost nil.

Conclusion
Bangladesh is mostly a flood plain. Its environment is fragile and rise of sea level may submerge a large portion of coastal areas, uprooting 35 million of people. At the same time poverty is the main cause of environmental degradation in the country. If poverty and illiteracy are removed, much of the environmental problems will be reduced.

Good governance is also a big issue in the country when state power is changing, when greater interdependence is occurring, when environmental degradation, ill health and human insecurity are rife. This is more so when existing mechanisms for dealing with problems are emerging and when calls for transparency and democratic accountability grow louder.

The problem of environment is global but action is local. That is why the slogan is to be remembered on the World Environment Day: “Think globally but act locally.”

The writer is former Bangladesh Ambassador to the UN, Geneva.

 
 
 


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