Monday 10 October 2011

My Green Letter to God

Dear God,

I hope this letter meets you well. I am writing to express my worries about certain issues that affect our planet (earth) which you created in 6 days! Although we have inhabited it for ages since creation without destroying it entirely, am concerned that we may wake up one day to discover that its gone!

I begin with climate change. Jehovah, since industrialisation began, man has pumped up several anthropogenic gases in the atmosphere that the earth is now at risk of heating up to about 2 degrees Celsius above pre-industrial times. As you know, this will affect food production, sea levels will rise- meaning some small island countries may disappear from the surface of the earth. The effects are many and calamitous! However, what is more worrying is that those who are mostly responsible (industrialised nations) will be less vulnerable to climate change, whereas those with little or no liability (developing countries) will be the most affected. Allah, is this fair?

El-shedai, you said 'let there be light' and there was light! You, by this very act of divine creation gave to the earth which you created its most reliable and environmentally friendly source of energy supply-the sun. However, man has since felt that he knows better. He discovered oil and since then neither man nor the earth has known peace.

Not only does the burning of fossil-fuel lead to the emission of some very harmful gases to man's health, oil exploitation has led to the destruction of many ecosystems and is so environmentally disastrous. In my country Nigeria, its industry has become a cesspit of corruption and militancy. Even as it has led to wars in Libya, Iraq and Kuwait. Man in his 'wisdom' now says solar energy is alternative energy source. Shekwoyi, I don't even know what has happened to wind energy nor can I explain what we have done with hydro-power.

Those of us environmentalist and conservationists who dare speak out are tagged 'eccentric'! Can you beat that? Oludumare, you need to speak to your people now because some now claim man was created by you and given dominion over the earth. Please, does this mean man should destroy every animal and plant life on it to satisfy his greedy cravings?

Papay God, the Durban climate change conference is now at risk of being a futile exercise. After years of politicians and negotiators flying around the world, thereby emitting more greenhouse gases, they are no longer willing to produce a binding international treaty to tackle climate change this year. I am not happy, and will soon file a suit in your court against man!

Yours truly,

Sylvanus

Thursday 30 December 2010

Climate change, Cancun and the prospects of a binding instrument in Durban

Year 2010 in retrospect
The year 2010 appears to have left some historical climate footprints including being a particularly controversial one for climate change negotiations. Report has it that, year 2010 was one of the three warmest years since recorded time in 1850 as it also marked the end of the warmest 10-year period since records began! Indeed, according to the World Meteorological Organisation (WMO) 'The most extreme warm anomalies...extended across most of Canada and Greenland with mean annual temperatures of 3 degrees Celsius or more above normal in parts of west Greenland, the eastern Canadian Arctic and sub-Arctic'.

The climate continued dishing out it's warning signals in other parts of the globe as record temperatures are said to have been experienced in Russia (7.6 Celsius above normal) resulting in raging fires that engulfed almost half of that country. With record floods engulfing Pakistan, the Northern region of Nigeria and mudslides swallowing villages in China, the climate was showing no mercy. More still, the winters in Europe and America were record breaking as some parts of Britain also witnessed the coldest Christmas since recorded time. Did I hear some one say but I thought climate change was all about rising temperatures? Be not deceived! Climate change actually leads to extreme temperatures.

The Cancun Climate Change Summit
In an article COP-16: The case for a binding instrument in a post- Kyoto Climate Regime I examined the prospects and challenges that the international community would encounter in seeking to achieve a deal on an instrument to succeed the Kyoto Protocol as the international climate 'grund norm'. With the convergence of negotiators from all corners of the globe, the stakes were high and climate change was once again on the table. So what did COP 16 achieve? How does the agreement in Cancun Mexico further the goal of the international community in finalising a deal on how to tackle climate change? Is there any room for the hope of having a binding instrument when the Kyoto Protocol expires in 2012?

A Shared Vision
The Agreement (Draft decision -/CP.16 ), begins by affirming that 'climate change is one of the greatest challenges of our time and that all Parties share a vision for long-term cooperative action in order to achieve the objective of' tackling climate change, 'on the basis of equity and in accordance with common but differentiated responsibilities and respective capabilities'. It is agreed that 'this vision is to guide the policies and actions of all Parties, while taking into full consideration the different circumstances of Parties in accordance with the principles and provisions of the Convention' (see para. 1). Thus, the Agreement lives no one in doubt that the basis upon which international co-operation can be achieved in addressing the global problem of climate is through a common but differentiated responsibility of states. This is commendable, as the differences in vulnerability to it, historical and current culpability, technological and financial capabilities justify this. However, a major short coming is that the expression 'common but differentiated responsibility is not defined. This can be a potential source of controversy as it has in the past, when it comes to interpretation and application.

In line with the principle of CBDR as set out above, it is further agreed 'that Parties should cooperate in achieving the peaking of global and national greenhouse gas emissions as soon as possible, recognizing that the time frame for peaking will be longer in developing countries, and bearing in mind that social and economic development and poverty eradication are the first and overriding priorities of developing countries and that a low-carbon development strategy is indispensable to sustainable development' (see para. 6). This is a tacit recognition that developed countries are to take a leadership role in the mitigation of greenhouse gases (GHGs) and that developing countries have a right to also develop economically as this necessitates emission of GHGs. In addition, it is confirmed that 'Parties, especially developing country Parties that would have to bear a disproportionate or abnormal burden' as a result of international actions to address climate change, should be given priority (see para. 9). This is an attempt to ensure that the principles of equity and fairness are taking into account as the world tackles it's most challenging contemporary problem.

Finance, technology and capacity-building 
The Agreement acknowledges that in the short-term it would be 'the collective commitment by developed countries to provide new and additional resources..., approaching USD 30 billion for the period 2010–2012, with a balanced allocation between adaptation and mitigation' it advises that  funding for adaptation should be prioritized for the most vulnerable developing countries, like the least developed countries, small island developing States and Africa (see para. 95). Also in the long-term, the Agreement recognises 'that developed country Parties commit, in the context of meaningful mitigation actions and transparency on implementation, to a goal of mobilizing jointly USD 100 billion per year by 2020 to address the needs of developing countries' (see para. 98). Hence, it is the exclusive financial responsibility of developed countries to fund adaptation and mitigation activities, as developing countries especially the least developed ones and those most vulnerable to the effects of climate change would remain the primary beneficiaries. Read paragraphs 102-111 to appreciate the establishment of the Green climate fund which would be responsible for the financial management of climate funds.

Under paragraphs 113 to 137 the Agreements outlines and details the procedure to ensure the transfer of green technologies to developing countries by the developed ones, even as the same developed countries are encouraged to enhance capacity-building in terms of adaptation programmes in developing countries. Parties are enjoined to ensure the use of climate friendly technology 'consistent with their respective capabilities and national circumstances and priorities, to undertake domestic actions identified through country-driven approaches, to engage in bilateral and multilateral cooperative activities on technology development and transfer and to increase private and public research, development and demonstration in relation to technology for mitigation and adaptation' (para. 116). There is a lot of emphasis on the need for co-operation, to facilitate technology transfer, this is so because even as developed countries bear the ultimate responsibility for funding, transfer of technology and capacity-building, developing countries will have to be co-operative to make this happen.

Shortcomings
The Cancun Agreement is an improvement on the Copenhagen Accord for a couple of reasons: Without prejudice to the some of the positives highlighted earlier, it is obvious that while Copenhagen produced a mere 12 paragraphed document, the outcome of the Cancun summit is more comprehensive (147 paragraphs). Secondly, while the Copenhagen Accord is a political declaration by world leaders, the Cancun Agreement is a product of professional climate change negotiators. That notwithstanding, a number of shortcomings are inherent as I examine below.

The Cancun Agreement continues to use the expressions 'developed', 'developing', and 'least developed' without defining these terms. Thus, it remains unclear in the context of climate change what these expressions mean. This problem becomes more compounded when you consider that under the Agreement some states will be beneficiaries of the climate fund, technology transfer and capacity building, while others will remain benefactors. For example, can a country like Saudi Arabia- a relatively wealthy country be said to be a developing country and so entitled to claim benefits just like Somalia? What is the criteria for categorising a country as 'developed', 'developing' or indeed 'least developed'? Is it possible for states to transit from being 'developing' or 'least developed' to 'developed'? Can a 'developed' state ever become a beneficiary should it's economic and technological circumstances change to the negative? If so how? These questions remain unanswered as they have in the current climate instruments.


The other problem relates to the legal effect of this so-called Agreement. Firstly, when can a state (presumably developed) be deemed duty bound to make provisions for either funds, technology or to provide capacity-building under the Agreement? Conversely, how can a state (presumably developing or least developed) trigger the transfer of funds, technology transfer or capacity-building to itself? If a state refuses to comply to any of it's obligations as outlined in the Agreement what will be the consequences? To me, the answers are blowing in the wind! It appears all hopes are now on Durban South Africa. Will COP 17 provide the answers to these burning questions? Only time will tell.

Friday 1 October 2010

NIGERIA @ 50: A Green Agenda for a Dwarfing Giant.

Nigeria's national flag.
Nigeria is fifty! Meaning its now fifty years since independence from colonial rule was gained on October 1, 1960. Located in West Africa and with a population  of about 150 million people, it is the most populous nation in Africa. Given its sheer size, it is no surprise that the country 'potentially' yields a lot of influence on the entire African continent and the world at large. Here, I focus on the prospects, challenges and importance of an identifiable and visionary 'green' or environmental agenda for this country as it turns fifty.

Nigeria has never been lacking in environmental problems: from desertification in the North to oil-spillages in the South, soil erosion in the East and indiscriminate waste disposal in the West. Indeed, since the discovery of oil in Nigeria in the 50s, it's story has been as expressed in an article titled: The day oil was discovered in Nigeria, a tragedy of corruption, kidnapping, inequity and social injustice. With its economy dependent on the exportation of oil which is 94% of it total export, the environmental consequences of oil dependency have been catastrophic. So at 50, what should Nigeria's environmental agenda be at both international and domestic fronts?

Sani, hopeful about Nigeria's future!
The Golden jubilee independence celebrations presents an opportunity for Nigeria to reposition itself environmentally for a brighter future. With hardly anything to celebrate save for the corporate existence of the country, the younger generation have chosen to be hopeful. For example, Sani, a young lawyer (pictured on the right) expresses the need to be hopeful on his face-book page, he puts it rather metaphorically: 'I knw some pple dont see d need to celebrate Nijar @ 50... i understand, but give Nijar d credit of getting marrd at a young age to about 250 ethnics with 3 claiming to be the most dominant... as a Virgin and inexperienced husband, he shd be giving credit keeping d marriage without divorce for 50yrs... pls find somting good about nijar 2 celebrate...'.  This brand of new-generation Nigerians deserve commendation, and a decent green agenda by the government will help materialise their hope.

The Green Agenda
The first green agenda that I propose is on the need to combat climate change and its impact. Yes, despite the scepticism about climate change, indications from home and abroad show that it is real. Climate change remains the most challenging environmental problem in today's world, and its impacts will hurt the poor more. Hotter climates, flooding, food shortages, rising sea-levels, rural-urban migration, diseases and wars are amongst the numerous effects of climate change as confirmed by the Fourth Assessment Report 2007 of the IPCC. With 70% of its population living in poverty the impact of climate change on Nigeria will be devastating if the government does not begin now to undertake both mitigation and adaptation measures. The other major impact climate change will have on Nigeria is a massive drop in external revenue. With a fossil-fuel powered economy, dependent on the purchasing power of the West, Nigeria's earnings will be greatly reduced as the West switches to alternative energy sources, like solar power, bio-fuels and nuclear energy. What then must Nigeria do?

Wind energy
Firstly, as a signatory and ratifier of major international climate change  instruments- the UNFCCC, Kyoto Protocol and the Copenhagen Accord, Nigeria must lay claim to the financial and technological incentives made available to aid developing countries in adaptation and mitigation measures. Secondly, Nigeria must 'up its game' at the international conferences and negotiations aimed at adopting an international climate instrument to succeed the Kyoto Protocol. Thus, Nigeria must use its influence in the West African sub-region and the entire African continent to secure regional cooperation that will enable developing countries to get a 'fair bargain' under a post-2012 international climate regime. Hitherto, Nigeria appears to have abdicated its regional and continental leadership to South Africa, a development that does not help it's international image and climate change negotiations are an opportunity to re-gain the envious status of a regional super-power! Thirdly, Nigeria must resort to alternative energy sources. There is the need to explore the possibilities of using solar power, bio-fuels, nuclear energy, wind energy and a host of  other renewable energy sources to complement oil if not to totally replace it.

The second green agenda that I propose is to produce a natural resources and waste management policy that reflects the times in which we live. Government should introduce immediately an agenda to transform Nigeria into a recycling society. By recycling it is meant the re-use of materials in a manner that extends the life-cycle of products, materials and substances. On this one, Nigeria can take a cue from the European Union's Thematic Strategy on Prevention and Recycling of Waste and the EU Waste Framework Directive 2008. Borrowing from these two EU legislative instruments, Nigeria's natural resources and waste management policy should seek to prioritise the management of waste and resources in the following order of preference:

  • prevention
  • re-use
  • recycling
  • recovery and
  • disposal.

While this sort of hierarchy makes waste prevention the most environmentally sound natural resources and waste management option, it makes waste disposal the least environmentally sound option and hence should be avoided whenever possible. The advantages of these are numerous: First, it will reduce the over all negative environmental impacts of resource use; secondly, it will enhance waste prevention and promote the re-use, recycling and recovery of natural resources, materials and substances; thirdly, if implemented effectively, Nigeria could emerge as a recycling society where waste is avoided and waste is used as a resource.

On the whole, a visionary and well implemented green agenda will enable the development and use of green technologies as well as generate employment for Nigeria and its people. Although at present it may appear as if the beauties and glamours of this great nation have been weathered away like yesterday, like Sani, I am hopeful about its future. Economically, socially, and politically Nigeria may be a dwarf today, but a well articulated and implemented green agenda can make it a giant tomorrow. At 50, Nigeria I say 'the labours of our heroes past shall never be in vain'! Even Beyonce has got hope in Nigeria!! Hurray!!!