The Access Initiative

4 activistas ambientales son asesinados cada semana. Un nuevo acuerdo regional podría mejorar la situación en América Latina y el Caribe

En un pintoresco pueblo situado en las colinas colombianas, Isabel Zuleta toma la palabra frente a una multitud. La policía, vestida en uniforme militar, los respalda mientras Zuleta habla sobre el derecho al agua, las preocupaciones de la comunidad sobre nuevos diques en el río Cauca, el cual usan para la pesca y otras necesidades, y las inundaciones que ha causado la represa hidroeléctrica de Hidroituango. Muchos temen que los funcionarios del gobierno estén ignorando sus preocupaciones y solicitudes de compensación.

Aunque esta manifestación y las tantas otras que Zuleta ha organizado han sido pacíficas, su trabajo no es sin conflicto. Como líder de Movimiento Ríos Vivos, un grupo dedicado a proteger los ríos de Colombia, organiza foros públicos para que las comunidades puedan expresar sus preocupaciones en relación a represas y minas. También hace lobby con el gobierno para que éste divulgue información sobre los efectos ambientales de este tipo de proyecto y organiza protestas pacíficas. Por su trabajo en defensa de las comunidades y el medio ambiente, Zuleta ha recibido numerosas amenazas de muerte. Otros miembros de Movimiento Ríos Vivos han sufrido difamación, hostigamiento y vigilancia. Hace solo unos años, dos activistas del grupo fueron asesinados.

La violencia contra los defensores del medio ambiente es prevalente no solo en Colombia, que se encuentra entre los tres países con mayor número de asesinatos de defensores, sino en todo el mundo. En 2017, casi cuatro defensores ambientales fueron asesinados por semana en su empeño por proteger sus tierras, su fauna y sus recursos naturales. América Latina es la región más peligrosa—más del 60 por ciento de asesinatos de defensores en 2016 ocurrieron en sus pueblos remotos o en las profundidades de sus bosques tropicales—mientras que las amenazas contra defensores ambientales están creciendo en el Caribe también.

Negociaciando un acuerdo jurídicamente vinculante para mejorar la democracia ambiental y proteger a los defensores

A medida que un creciente número de organizaciones luchan para elevar el perfil de los defensores ambientales y demandar que los gobiernos tomen medidas para reducir la violencia en su contra, gobiernos y grupos de la sociedad civil de América Latina y el Caribe están negociando el Acuerdo Regional sobre Acceso a la Información, Participación Pública y Acceso a la Justicia en Asuntos Ambientales, también conocido como LAC P10. Si se adopta como un acuerdo jurídicamente vinculante, requerirá que los gobiernos establezcan nuevas normas para alcanzar el Principio 10, conocido como el principio de democracia ambiental de la Declaración de Río sobre el Medio Ambiente y el Desarrollo. Estas normas aumentarían el acceso de las personas a la información ambiental (como datos de contaminación del agua o concesiones mineras), mejorarían su capacidad para participar en la toma de decisiones ambientales y les ayudarían a exigir que compañías y otros intereses rindan cuentas por acciones que perjudican a comunidades y el medioambiente.

El LAC P10 también incluye requisitos que los gobiernos protejan a las personas que buscan participar en los procesos de toma de decisiones sobre infraestructura, reduciendo así los riesgos que enfrentan los defensores ambientales. Estas estipulaciones innovadoras incluyen:

  • Garantizar un entorno seguro para las personas y organizaciones que promueven y defienden los derechos humanos en asuntos ambientales, para que estén libres de amenazas, restricciones e inseguridad;
  • Tomar medidas para reconocer, proteger y promover todos los derechos de los defensores ambientales; e
  • Implementar medidas para prevenir, investigar y sancionar ataques, amenazas o intimidaciones contra defensores ambientales.

Desde que Chile inició las negociaciones del LAC P10 hace más de seis años, más de 20 países se han sumado al proceso. Del 28 de febrero hasta el 4 de marzo de 2018, estos países se reunirán una vez más en Costa Rica para finalizar los términos y decidir de una vez por todas si el acuerdo será legalmente vinculante.

El actual borrador propone que al menos ocho países deberán ratificar el acuerdo para que éste entre en vigor. Será fundamental que los gobiernos que previamente indicaron interés en un acuerdo vinculante firmen el tratado lo antes posible para incentivar a las otras naciones. Organizaciones de la sociedad civil de toda la región están solicitando a líderes regionales, incluyendo Brasil y Argentina, para que apoyen el acuerdo. Si las negociaciones son insuficientes, el LAC P10 no será jurídicamente vinculante, convirtiéndose en poco más de una guía voluntaria que los países podrán implementar—o no.

El acuerdo es especialmente importante en Brasil, Guatemala, México, Honduras, Perú y Colombia, que han sido algunos de los países más peligrosos para los defensores del medio ambiente y la tierra en los últimos años.

Que una persona más muera por proteger el medio ambiente es demasiado. Es hora de que los países den un paso adelante en la defensa de los defensores.

4 Environmental Activists Are Murdered Every Week. A New Agreement Could Help in Latin America and the Caribbean

In a colorful town nestled between Colombia’s rolling hills, Isabel Zuleta speaks to a crowd of 100 people. The police stand behind them dressed in army fatigue, listening to Zuleta talk about the community’s right to water, their concerns about damming the Cauca river they rely on for fishing and other needs, and the floods they’re grappling with from the hydroelectric Hidroituango dam. Many fear that government officials are ignoring their concerns and requests for compensation.

Although this rally and many other demonstrations Zuleta has held have ended peacefully, her work is not without conflict. As leader of Movimiento Rios Vivos, a group dedicated to protecting Colombia’s rivers, she regularly holds public forums to voice communities’ concerns about dams and mines, lobbies the government to release information about projects’ effects on rivers, and leads non-violent protests. She’s received numerous death threats in response to her advocacy. Other Movimiento Rios Vivos members have faced smear campaigns, harassment and surveillance. Two activists in the group were murdered a few years ago.

Violence against environmental defenders runs rampant not only in Colombia, which is among the three countries with the highest number of defender killings, but around the world. In 2017, almost four environmental defenders were killed each week for protecting their land, wildlife and natural resources. Latin America is the most dangerous region, with more than 60 percent of defender deaths in 2016 occurring in its remote villages or deep within its rainforests. Threats against defenders are also on the rise across the Caribbean.

LAC P10: A Legally Binding Agreement to Improve Environmental Democracy and Protect Defenders

But an agreement being negotiated this week could help.

From February 28, 2018 to March 4, 2018 in Costa Rica, countries and civil society groups are negotiating the Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean, also known as LAC P10. If adopted as a legally binding agreement, it would require governments to set new standards to achieve Principle 10, known as the environmental democracy principle of the Rio Declaration on Environment and Development. These legally binding provisions would improve people’s access to environmental information (such as water pollution data or mining concessions details), strengthen their ability to participate in environmental decision-making, and help them hold powerful interests to account for harming communities and the environment.

LAC P10 also includes requirements for governments to protect people seeking to participate in decision-making processes about infrastructure, thereby reducing the risks environmental defenders face. These new ground-breaking provisions include:

  • Guaranteeing a safe environment for people and organizations promoting and defending human rights in environmental matters, so they’re free from threats, restrictions and insecurity;
  • Taking steps to recognize, protect and promote all the rights of environmental defenders; and
  • Implementing measures to prevent, investigate and punish attacks, threats or intimidations against environmental defenders.

Since Chile initiated the LAC P10 negotiations more than six years ago, more than 20 countries have joined the process. This week, they’ll finalize the terms and decide once and for all if the agreement will be legally binding.

The current draft text proposes that at least eight countries must ratify the agreement to bring it into force. It will be critical that governments, which have previously indicated interest in a legally binding agreement, sign the treaty as soon as possible to encourage other nations to endorse it. Civil society organizations across Latin America and the Caribbean are petitioning regional leaders, including those in Brazil and Argentina, to support the agreement. If the negotiations fall short, LAC P10 would not be legally binding, becoming little more than voluntary guidance that countries may or may not implement.

The agreement is especially important for Brazil, Guatemala, Mexico, Honduras, Peru and Colombia, which have been some of the most dangerous places for environmental and land defenders in recent years.

One more person dying to protect the environment is too much. It’s time for countries to take a step forward in defending the defenders.

Protecting Forests with an Unexpected Legal Tool: Freedom of Information Laws

This blog, written by Jessica Webb, Carole Excell and Rachael Petersen,  originally appeared on Insights, World Resources Institute’s blog

Every year the world loses 13 million hectares (32 million acres) of forests, an area about the size of Greece. A critical way to stem this forest loss is to make concessions data about commercial activities that drive over 60 percent of global deforestation more transparent. Without data transparency, it is virtually impossible to tell how well companies are complying with concessions agreements, distinguish between legal and illegal deforestation, and bring those responsible for illegal deforestation to account.

Unfortunately, getting this kind of information in many countries is not easy, as a new study from WRI shows: countries with over half the world’s forests lack comprehensive, accessible information on concessions. Concessions for commercial activities, such as mining, logging and agriculture, are typically allocated to private companies by authorized government entities on lands legally owned or held in trust by the state. This information is critical to enforcing agreements that protect forests.

A recent example is Indonesia, which has some of the world’s richest rainforests and some of its highest deforestation rates. But figuring out the details of Indonesian forest exploitation can be as challenging as it is essential, as a recent Supreme Court decision indicates. In response to a civil society group’s information request, the high court determined that the Ministry of Land and Spatial Planning must hand over detailed maps of the land on which oil palm companies have been licensed to operate. This ruling is a huge step toward greater transparency in the management of Indonesia’s expansive natural resources. It gives journalists, civil society groups and the public the information they need to hold the government and the private sector accountable for deforestation.

Laws that protect citizens’ rights to access information and promote transparency may be a key to protecting and sustainably managing the world’s forests. The WRI study, Logging, Mining and Agricultural Data Transparency: A Survey of 14 Forested Countries, finds that not only are Freedom of Information (FOI) laws effective in getting access to forest information, but countries with FOI laws tend to disclose concession data more proactively than countries without them.

3 Ways to Provide Concessions Data

The study surveyed concessions information for mining, logging and agriculture, noting the different ways this information was made available: proactively, such as through an online data portal; reactively, through an FOI request, or through ad hoc or informal means. Proactively available data is most desirable, as this means it is publicly accessible without the need for requests. Information requests can be an important mechanism to get concessions data if there is no proactive disclosure, and are preferable to no access at all.

Of the 14 heavily forested countries surveyed, eight have FOI laws: Brazil, Canada, Colombia, Indonesia, Liberia, Mexico, Russia and Peru. Researchers tested how these laws were implemented by submitting FOI requests for concessions data, including contracts, maps, lists of permits, ownership information and spatial data. These requests were at least partially successful in all countries where FOI laws were tested.

Researchers were most successful gaining full access to mining data. Four countries provided partial access to both logging and mining data. Agricultural concessions were the most difficult to access in all surveyed countries, where only two of six requests were partially granted (in Indonesia and Liberia). While cost can sometimes be a barrier to accessing official government documents, most information requests in this study did not charge a fee. 

In addition to the relative effectiveness of information requests, the study found that governments in countries with FOI laws release concessions data more proactively than do countries without such laws. For example, the governments of Brazil, Canada and Peru proactively provide data for all sectors for which they grant concessions and have an FOI law, and Mexico, Colombia, and Indonesia, provide proactive data for at least some concessions data. On the other hand, Madagascar, Myanmar, Cambodia and Malaysia lack FOI laws and provide no data proactively.

Though FOI requests can be an important way to get information, larger issues remain. There is still a lack of comprehensive information about where land investments are being made for logging, mining and agriculture in all countries. The study highlights the need for:

  • Adoption of comprehensive FOI laws in countries that lack them now;
  • Civil society to increase use of FOI laws to obtain documents as part of the strategy to monitor and protect forests;
  • Governments to facilitate greater proactive access to concession data by increasing coordination across ministries and between federal and local governments;
  • Donors to invest in building capacity for governments to collate, digitize and share concessions information proactively through online portals and information requests;
  • Voluntary partnership agreements and relevant transparency initiatives should encourage the disclosure of spatial concessions data and ensure standardization across countries.

Even though the Supreme Court decision in Indonesia is a promising move, there is more work to do. It’s time for countries with concessions on forested lands to expand access to concession data and make it priority for immediate action to support enhanced forest monitoring and land use planning, to reduce conflict and to send a message of transparency and accountability to international investors, donors and advocacy groups.

 

Q&A with Cécile Ndjebet: Empowering Women Is Key to Better Forest Management in Cameroon

By Stephanie Ratté (March 12, 2015) 

Roughly 70 percent of women in Cameroon live in rural areas, relying at least in part on natural resources like forests for their livelihoods. However, women often face particular challenges in accessing the forests they need. Differences in the ways men and women understand and use forests mean natural resource policies can result in significant gender-differentiated impacts that oftentimes put women at a disadvantage. Women’s lack of secure access to forests can lead to a variety of inequities, including limited decision-making power; more vulnerability for women who are unmarried, divorced, or widowed; and greater likelihood that forest conservation schemes like REDD+ (Reducing Emissions from Deforestation and Forest Degradation) will not benefit women and men equally. As new programs seek to tackle deforestation in Cameroon, it’s imperative that these initiatives are not blind to gender differences in forest use and access. Cécile Ndjebet, a partner of WRI’s Governance of Forests Initiative, is a leading voice on gender and forest governance, both in Cameroon and internationally. Ndjebet serves as the director of civil society group Cameroon Ecology, coordinates the National Civil Society Organization Platform on REDD and Climate Change and heads the African Women’s Network for Community Management of Forests (Réseau des Femmes Africaines pour la Gestion Communautaire des Forêts or REFACOF). I recently caught up with her to talk about the challenges rural, forest-dependent women face in Cameroon, as well as solutions for overcoming these problems.

1. Why is it important for women to have secure access to forests in Cameroon? When women have clear and secure rights to forest land and resources, they are more likely to be able to access credit and technical assistance, manage resources sustainably, and are less dependent on marriage for security. Research on the link between gender and natural resource management demonstrates the critical and positive role that women can play in achieving environmental and development goals. In Nepal and India, for example, studies demonstrate that greater participation of women in forest management and decision-making processes at the community level are associated with better forest conservation.

2. What are the main challenges you face in your work? One is building the capacity of the government and other groups to recognize the importance of gender equality. I recently attended a workshop in Brazzaville and realized that people rarely understand why gender is important to consider in forest and natural resource management. Awareness is being raised now because of initiatives like REDD+. But we also need the political will of governments, greater capacity of civil society organizations and more resources for effective advocacy.

3. How can REDD+ help bring greater gender equity to natural resource governance in Cameroon? The government of Cameroon began developing its national REDD+ strategy in June of 2014 in order guide the implementation of incentives for the sustainable management of forests and the conservation and enhancement of forest carbon stocks. Cameroon Ecology is playing a key role. So far, the government is open to our participation, and we are working to gather real information from communities and villages so that the contributions of rural women and men can be inserted in the national REDD+ strategy. We also need to ensure that REDD+ programs implement safeguards to avoid creating or exacerbating gender inequalities. What I see in REDD+ is that it is a good opportunity. We don’t yet know exactly what we will get with carbon offsets, but the REDD+ process has created a more inclusive space for promoting the equitable management of resources. I always say to the communities: If REDD+ cannot bring the scale of resources we hope for, at least it can help strengthen participation and improve natural resource laws and regulations for rural men and women in Cameroon.

4. How is your organization working to build capacity to address gender-related challenges? We are conducting trainings with other NGOs on gender and REDD+. We have just finished three training sessions to help men and women understand how gender is important to natural resource management, especially in relation to climate change and REDD+. We have also developed a policy brief on women’s participation in Cameroon’s REDD+ experience. In Cameroon, we are also coordinating the National Civil Society Organization Platform on REDD and Climate Change, a venue where I have been able to influence how women participate in decision making. The platform was established in 2011 to enhance collaboration on REDD+ and climate change issues between civil society in Cameroon and the government. We now have women represented at local, district and national levels of the platform’s governance. We also succeeded in getting gender focal points in at least eight ministries dealing with natural resource management. But there is still progress that must be made. The important point is to ensure that women are not just present in meetings, but that they can actually influence decision-making processes. The work we’ve done is a starting point, but we need to increase awareness, capacity and resources. By strengthening women’s networks and partnering with men so they can be advocates for gender equality, we can make it clear that inequitable situations are not favorable for any kind of development.

5. How does access to information factor in? Information and communication are challenges. It can be difficult to reach rural communities in Cameroon because many of these areas lack electricity. In rural areas, most people—especially women—understand the local language, rather than French or English. If you want to be effective, you have to translate information into the local language, so we recognize that this can be a significant limiting factor in our work. Capacity to understand forest governance and gender issues is another barrier. We need to produce documents that are nontechnical, affordable and accessible. Within the REDD platform, we are building partnerships with rural radio stations and media at the district level. The advantage is that most of the villages do have access to radio. Next year, we intend to expand partnerships with rural radio programs to publish and transmit information to a larger audience.

Can Hi-Tech Mapping Technology Protect Traditional Land?

Article by Celine Lim, Yale F&ES ’15, originally posted on the Environmental Performance Index blog

An indigenous leader walks around the land, stopping at sites used for hunting, collecting nuts, and worship. The points are recorded using a handheld GPS device and then transferred to a computer. These points are overlaid with other land uses in the territory, and a map is produced. The map shows where oil-drilling sites are located on the same place as the community’s ancient burial ground, and where pollution from the oil operations runs through their main water source. The community now has evidence to make a case against the company. This scene was a novelty just a few years ago, but today, it is a reality for many communities around the world.

Can technology and the way it lets us understand the world help indigenous and traditional communities safeguard their resource rights? Or is it yet another imposition of modern progress on a vulnerable population? Those were the questions that brought together experts from the TAI network working in Malaysia, Guyana, and the Democratic Republic of Congo (DRC) at the TAI Fifth Global Gathering recently held in Bogotá. They were there to share just how they are testing the proposition that by using technology, those communities might be better able to map their land, its features, and monitor how they — or outside groups — use it. Such community or participatory mapping can indeed play a role in rights protection.

Community-based mapping and monitoring fulfill important purposes, especially when communities have control over data collection, management, and reporting. Many forest-dependent communities face incursions on their land from illegal logging, land grabs, and mining, but they often lack the tools needed to assert their rights to resources. With sufficient capacity and the right tools, communities can produce maps to document and prove their claims to resources. For example, if equipped with GPSes and the know-how to use one, they can record threats and the ensuing degradation through gathering live, place-specific evidence, and communicate these with their government, the mining companies, and a global audience.

Read the full story here: http://epi.yale.edu/the-metric/can-hi-tech-mapping-technology-protect-traditional-land

Recommendations of the High Level Committee to Review Environmental Laws in India

By Preetadhar (Posted: November 25, 2014)

Soon after the election of the new Government, a “High Level Committee” was constituted to review a list of Acts administered by the Ministry of Environment, Forests and Climate Change (MoEF&CC), namely: – Environment (Protection) Act, 1986 – Forest (Conservation) Act, 1980 – Wildlife (Protection) Act, 1972 – Air (Prevention and Control of Pollution) Act, 1974 – Water (Prevention and Control of Pollution) Act, 1981

The Committee was chaired by T.S.R. Subramanian, a former Cabinet Secretary, and comprised three other members, a retired judge of the Delhi High Court, former Secretary of the MoEF&CC and former Additional Solicitor of India.

After approximately 3 months of its constitution, and holding some regional Meetings, the Committee submitted its recommendations to the Government. We have been able to access a summary of the recommendations, which provides an insight into the possible direction of reform of framework of environmental laws in India.

Summary of Recommendations

  1. Identify and pre-specify ‘no go’ forest areas, mainly comprising “Protected Areas” and forest cover over 70% canopy.

  2. MoEF&CC to define the term ‘forest’.

  3. Offer economic incentives for increased community participation in farm and social forestry by way of promoting and proving statutory safeguards to ‘treelands’ as distinct from forest.

  4. Plantation of approved species on private lands for compensatory afforestation with facility for ‘treeland’ trading.

  5. Revise procedure for clearance under Forest (Conservation) Act to reduce the time for granting clearance, without compromising the quality of examination. For linear projects it is recommended that The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 needs amendment to consider removal of the condition of Gram Sabha approval.

  6. The compensatory afforestation (CA) guidelines be revised; CA on revenue land to be enhanced to 2:1 as against 1:1 at present; CA in degraded forest land be now fixed at 3:1; the Net Present Value (NPV) should be at least 5 times the present rates fixed. An appropriate mechanism to be created to ensure receipt of the CA funds, and their proper utilization, delinking the project proponent from the CA process, after he obtains other approvals, and discharges his CA financial obligations.

  7. The quantum of NPV for compensatory afforestation needs to be sharply increased. A reliable mechanism for ensuring that CA is actually implemented, utilising either private or forest land, needs to be put in place.

  8. Schedule 1 to be amended to include species likely to be threatened by illegal trade. An expert group should review the existing Schedules and address discrepancies relating to several species and sub species.

  9. Regarding the issue of tackling damage to agriculture and farmland, the MoEF&CC may issue circulars to all states apprising them of the legal position, suggesting that they may take appropriate action based on legal provisions.

  10. Preparation of Wildlife Management plans should be made mandatory and a provision to this effect inserted in the Wildlife Protection Act.

  11. Amend the Wildlife Protection Act [Section 26A sub section (3) and section 35(5)] so that permission from the Central Government would only be necessary when the State Government proposes to reduce the boundaries of an existing protected areas.

  12. Manufacture and possession of leg and mouth traps should be completely prohibited, except where they are required for visual display for educational purposes.

  13. Officers entrusted with the task of settlement should be given minimum tenure of 2 years. Regular review of such work should be done to ensure completion within time.

  14. ‘Expert status’ to be given to the forensic facility of Wildlife Institute of India (WII), after suitably strengthening it.

  15. Amend provisions of the Wildlife Protection Act [Section 50 and 55] to provide for adequate and purposeful delegation appropriate for faster and better prosecution in respect of a wildlife crime.

  16. Authorise officers of the Wildlife Crime Control Bureau under the MoEF&CC to file complaints in Courts.

  17. Add Polythene bags and plastic bottles as “injurious substances” and ban their use inside sanctuaries by amending the Wildlife Protection Act

  18. MoEF&CC to take immediate steps for demarcation of eco-sensitive zones around all the protected areas; States may be asked to send proposals in a time-bound manner.

  19. Delegate the powers to approve applications for bona fide observations research, through photography, including videography to the level of Park Director after verifying the credentials.

  20. The Schedules should provide appropriate provision for taking into account the needs of local festivals, subject to no harm or injury to animals.

  21. Proposals to revamp this project clearance / approval process.

  22. Create National Environment Management Authority (NEMA) at Central Level and State Environment Management Authority (SEMA) at the state level as full time processing / clearance / monitoring agencies.

  23. Proposed composition, functions and responsibilities of NEMA.

  24. Proposed composition, functions and responsibilities of SEMA.

  25. Proposed revised project approval process envisages ‘single window’ unified, streamlined, purposeful, time bound procedure.

  26. Special treatment for linear projects, power / mining and strategic border projects.

  27. Review of A/B category units, to delegate a large number brought under the purview of SEMA.

  28. The present monitoring process, exclusively based on physical inspection should be strengthened by induction of technology, measuring instruments incorporating latest improvements; the standards setting and verification systems need to be tightened, to ensure all violators are identified.

  29. (i) Create a new ‘umbrella’ law- Environmental laws (Management) Act (ELMA) – to enable creation of the institutions NEMA and SEMA. (ii)Induct the concept of ‘utmost good faith’, holding the project proponent responsible for his statements at the cost of possible adverse consequences

  30. The new law to prescribe new offences, as also for establishing special courts presided over by session judge. ‘Serious offences’ as defined to attract heavy penalties, including prosecution / arrest.

  31. Abatement of central and State Pollution Control Boards on creating of NEMA/SEMA.

  32. Suggestion for incorporation of noise pollution as an offence in Environment Protection Act.

  33. Procedure for appeals- creation of an appellate tribunal.

  34. Judicial Review role of National Green Tribunal.

  35. (i) Establish a National Environment Research Institute, through an Act of Parliament. (ii) Identify specific technical institutions / universities in India to act as technical advisors to the proposed NEMA/SEMA and other environmental enforcement agencies, to provide credible technical back-stopping for management of the environment.

  36. An Indian Environment Service may be created, as an All India Service, based on qualifications and other details prescribed by MoEF&CC/DoPT/UPSC.

  37. Encourage specialization in the Indian Forest Service in various aspects of forests and wildlife management, among the members of the service, as well as familiarity with all aspects of management of environment.

  38. The MoEF&CC may like to undertake a comprehensive review of departmental forces management policies, practices and procedures, to initiate wide-ranging improvements and reforms. This preferably should not be an internal exercise, and should include independent knowledgeable experts from India and abroad, as well as qualified researchers.

  39. The MoEF&CC may consolidate all existing EIA notifications/ circulars/ instructions into one comprehensive set of instructions. Amendments or additions may normally be done only once a year.

  40. The MoEF&CC may arrange to revamp the Environment Protection Act, by inducting relevant provisions of the Water Act, 1977 and the Air Act,1981; the latter two could be repealed, when the revamped EP Act, 1986 comes into force. This exercise may be done keeping in view the provisions of the proposed Environment Management Act.

  41. Create an Environment Reconstruction Fund for facilitating research, standard setting, education and related matters.

  42. (a) While overall responsibility vests with the ministry, the State Governments and the local bodies will play an effective role in management of the environment. (b) The Government should provide dedicated budgetary support for environmental programmes as a part of each development project in all the sectors

  43. Creation of a comprehensive database, using all instruments available, on an ongoing basis, in respect of all parameters relating to environment

  44. Environmental mapping of the country, using technology, should be undertaken as an ongoing process.

  45. Identification & recovery of environmental reconstruction cost relating to each potentially polluting unit should be built in the appraisal process.

  46. Rework the system of empanelment of ‘consultants’.

  47. A ‘green awareness’ programme needs to be sponsored, including issues relating to environment in the primary and secondary school curriculum

  48. MoEF&CC should prepare regional plan for carrying out remediation of polluted sites in consultation with the State Governments and enabling provisions should be incorporated in Environment Protection Act for financing the remediation task.

  49. Municipal Solids Waste (MSW) management has not been given requisite attention hitherto. New system and procedures for handling MSW need to be in place early for effective management of MSW and with accountability. Cities should set a target of reaching 20% of current level in 3 years time to work out a mitigation plan

  50. Concerted multi-pronged effort to not only to contain, and improve the situation of deterioration of air quality by vehicle emission.

  51. Encourage the use of science and technology, including by the approval and enforcement agencies.

  52. Finalise the CRZ demarcation, and bring it into public domain.

  53. In view of the key role played by the power sector, as also mining of various minerals in national development, NEMA may have a suitable cell, with specialisation, to speedily deal with environmental approvals in these sectors, with due regard to environmental considerations.

  54. All specified type of units would employ fully qualified technical personnel to manage their pollution control / management equipment, and to keep the emission levels within prescribed limits.

  55. MoEF&CC may consider reworking standard setting and revising a system of financial penalties and rewards to proceed to a market-related incentive system, which encourages ‘green projects’.

Mapping Indigenous Natural Resources: There’s an App for That

Article by Grace Heusner, Yale Law School ’16  (Posted: November 24, 2014)

The Mbenjele Look for Answers

In the mid-2000s, the Mbendjele Yaka pygmies of northern Brazzaville-Congo faced a problem. Environmental conservation groups were accusing them of widespread poaching of elephants, gorillas, and other bushmeat. While the Mbendjele did engage in subsistence hunting, they suspected that larger organizations were responsible for the majority of poaching. Yet they had no way to prove it. The Mbendjele were largely illiterate and had only limited ways of communicating with the outside world. While the group previously had success with icon-based applications to battle illegal logging in their forests, the Mbendjele now needed something more versatile. Searching for answers, they approached, Dr. Jerome Lewis, a University College London researcher who had been working with pygmies in the Congo for many years.

The Development of Sapelli

This need prompted Dr. Lewis to develop Sapelli with his organization, Extreme Citizen Science (“ExCiteS”). Sapelli is an icon-based mobile phone application that can be used to record GPS coordinates. Users select appropriate icons that describe an action or occurrence and plot its specific location. The Mbendjele used the app to record evidence of illegal poaching. Because Sapelli is open source, it can be customized for a variety of scenarios.

View the rest of the story here: http://epi.yale.edu/the-metric/mapping-indigenous-natural-resources-theres-app

Photo Essay: A Global Gathering for Environmental Rights

Article by Alisa Zomer, Yale F&ES ’14 (Posted: November 10, 2014)

The murals and graffiti that define public space in Bogota give an impression of the country’s creativity, diversity, and struggle. Emerging from a period of political and social unrest, Colombia is enjoying a period of economic growth and positive international attention. As an example of what is possible, Colombia is the perfect place for civil society to gather from around the world to learn from one another, share strategies, and get energized to move on important environmental rights. This year’s gathering, hosted by Colombian Asociacion ambiente y sociedad, had 95 representatives from over 40 countries. It focused on the intersection between technology and forest management. A defining moment of diversity and group-think was during the exercise “Agree, Disagree, Unsure.” Participants came up with controversial statements (i.e. ‘using technology is necessary for environmental protection,’ ‘democracy does not work for the environment,’ ‘business must be part of the solution,’ ‘there is no sustainable mining,’) and were asked to take a position and discuss. It was valuable to see the wide range of positions on seemingly simple issues and especially interesting experiencing participants persuade others to join their side – all with appreciation and respect.

View the full story here: http://epi.yale.edu/the-metric/photo-essay-global-gathering-environmental-rights

Meet our Host Organization of This Year’s TAI Global Gathering: Asociación Ambiente y Sociedad

By Carole Excell (Posted: August 14, 2014)

Mining and oil extraction projects in Colombia have been deemed of paramount importance due to the great potential to support needed economic development. By the end of the decade, mining is predicted to account for 13 percent of the country’s GDP. Indigenous and Afro-Colombian communities of Colombia, who constitute 30.5 percent of the country’s population, may face great risk and uncertainty over the next decade as large-scale mining projects expand at a rapid rate. Half of the country’s total forested land is located in Afro-Colombian or indigenous community territories. Such resource-rich areas are highly sought after by players in the extractive industry. Yet the incoming mining boom must not be prioritized to the determinant of Indigenous and Afro-Colombian communities at a time when their input and involvement is most crucial. These are the issues that Asociacon Ambiente y Socieded (AAS), works on, a Bogota-based civil society organization which seeks to ensure effective people have a say in policies, processes, and decision-making related to environmental matters. AAS is a member of The Access Initiative (TAI) the world’s largest civil society network of advocates and thought leaders dedicated to ensuring that citizens have the right and ability to influence decisions about the natural resources that sustain their communities. Because of their work on important issues surrounding environmental governance in Colombia, TAI is thrilled to have the opportunity to collaborate with AAS on hosting the Global Gathering this year! AAS’ recent work includes analyzing the impacts of extractive industries on the collective rights of the territories and forests of peoples and communities, focusing on cases that deal with Afro-Colombian communities from the pacific region of the country. They strive to achieve effective implementation of rights to access to information, public participation, and access to justice within the following programmatic areas:

  • Climate Change: focus on community-based issues and strategies regarding mitigation and adaptation, including forest communities;
  • Citizenship: facilitate community members’ participation and access to information in local environmental matters;
  • Development Projects: observe impacts of development projects and policies while encouraging civil society participation at decision-making platforms;

Additionally, AAS research examines the strengths and weaknesses of the three access rights in Latin America. AAS is part of the Regional Coalition for Transparency and Participation for Colombia with five other organizations from Perú, Bolivia, Ecuador and Brazil. Click here for more information. More on #TAI GG The Access Initiative’s Fifth Global Gathering will take place 29-31 October in Bogota, Colombia. This year’s Global Gathering is organized under an overarching theme of “Using Information, Data and Technology to Protect Forests and Strengthen the Rights of Forest-Dependent Communities”. Participants will be able to attend exciting sessions about using technology to improve forest governance and strengthen community rights, including new tools such as the Environmental Democracy Index and the Global Forest Watch. We will be examining such issues as can an increase in access to technology and information help strengthen the capacity of local people to effectively engage in key decision making forums? What tools and strategies could communities use to help monitor and manage local forest lost or gain? How can civil society organizations support these developments? To obtain more information about this global meeting, please contact: Carole Excell Project Director, The Access Initiative (cexcell@wri.org)

Global Gathering to Explore How Technology is Improving Forest Governance

This blog was originally posted on the Global Forest Watch Blog on August 4, 2014. By Jonathan Mason and Jared Messinger Recent advances in technology have revolutionized the way people live, work, and communicate with each other. So, if these transformations can change how we access media and purchase goods, can they also improve how we manage our natural resources? In October, the World Resources Institute and The Access Initiative (TAI) will convene its wide network of innovators who are already answering that question. Every two years, the Global Gathering brings together partners, civil society organizations, and community and indigenous leaders from around the world to tackle urgent issues involving community access to information and participation in environmental decision-making. This year, marks the 5th Global Gathering, which will focus on using information, data, and technology to protect forests and strengthen the rights of forest-dependent communities. The conference, hosted by TAI, Governance of Forests Initiative (GFI), and Global Forest Watch (GFW), will take place in Bogotá, Colombia from October 29th through the 31st. Globally, around 1 billion rural poor depend on forests for at least part of their livelihoods, and another 350 million depend heavily on forests. This means that nearly one out of every five people in the world relies on forests for basic needs. Yet forest governance in developing countries suffers many problems, including a lack of clear land tenure, antiquated forest regulations, and limited dialogue between the state and its citizens. Further, official efforts to recognize community land and resource rights have slowed. Failing to address these issues deprives communities and countries of accessing, enjoying, and deriving full value from their natural resources. For example, illegal logging on public lands in developing countries results in more than $10 billion (USD) in lost assets and revenue every year, resulting in weakened governance and degraded landscapes. Overcoming these urgent challenges requires innovative solutions. Communities and civil society desperately need the data and tools to help them protect forests and defend their rights. Fortunately, technology has the potential to revolutionize forest governance. Across the world, information and communication technologies have grown more affordable, ubiquitous, and user-friendly. These advances provide previously marginalized people with tools to assert their rights by accessing, using, collecting, and providing high-quality information on forests. Here are 8 examples of how technology is already improving forest governance: 1. Recycled cell phones capture chainsaw noises to prevent illegal logging in Northern Sumatra, Indonesia Fire Information for Resource Management System (FIRMS). International conservation organizations use this system to create an e-mail alert system for fires in or around protected areas in Madagascar, Indonesia, Bolivia, and Peru. 8. Cloud-based application maps urban forests in the United States Open Tree Map relies on crowdsourcing and cloud computing to map urban forests and display the ecosystem benefits of street trees in American cities. Building on this momentum, the Global Gathering will convene representatives from civil society, communities, and indigenous groups to share experiences, build expertise, and expand networks for more impactful use of digital tools to protect forests, strengthen land rights, and promote forest information transparency. In addition, the Global Gathering will feature hands-on training to strengthen participants’ skills in geospatial analysis, crowd-sourcing, and the use of data and technology for environmental advocacy. Technology use is no longer restricted to only more developed countries or experts. Instead, resource-limited communities, indigenous peoples, and civil society organizations can build networks, acquire new skills, and develop innovative ways to deploy technologies to protect their local forests and secure their rights.