Sunday, March 14, 2010

Follow Up: "Climate Scrutiny", the BRAI BILL, the Commons, and Nuclear Subsidies


China is backing India's opposition to "scrutiny" of the non-binding pledges made at Copenhagen.  Interestingly, China appears on target to meet it's own emissions targets--it seems they are opposing "scrutiny" on principle, not because they won't make their targets.

It's bizarre to find the US trying to police this, since they've done nothing substantial to address their responsibility for nearly 30% of the carbon floating around in the air right now; they like to blame China without thinking about who buys the lion's share of the products China makes!  Many Americans--including some environmental leaders-- don't even want to mention their historic responsibility, much less do anything about it. I learned this when I visited the Huffington Report recently, where Patrick McCully, director of International Rivers, was saying, "Don't Mention the Climate Debt." There's a longer discussion that needs to be had regarding that, but I'm saving it for another day. To better understand the issues and history surrounding how we share the atmospheric commons, take a look at this short article in current issue of Frontline.

Speaking of the commons, here are a few links to follow up our recent guest post by Sabitha T P:
The Pirate Party is number 4 on this list.
If water isn't part of the commons, what is?  Find out about what Indian Youth Climate Network is doing for World Water Day.

Regarding the two stupid bills we wrote about on Tuesday, please don't forget to sign these petitions:

Monsanto admits it's seeds don't work (they actually want to sell us the new and improved variety!)
Interesting slide show on the BRAI Bill (thanks to Kabir for passing it on).

Brahma Chellaney writes in Mint about why the Nuclear Damage Bill is so bad (like us, he says "it constitutes a generous Indian state subsidy to foreign firms" and it "weakens nuclear safety").
One more thing to hate about this bill: in most cases, right to claim compensation is capped at 10 years...what?! We're not talking about traffic accidents, my friends--nuclear accidents often cause leaks of radioactive material, which can lead to cancer, and everyone knows that can take years to develop.

Thursday, March 11, 2010

Horns and Helmets: Photos Prove We Need Legally Binding, Enforceable Climate Agreements


Don't forget to sign the on-line petitions against the BRAI Bill and the Civil Liability for Nuclear Damage Bill.  Find out more here.

The Hindu ran a front page exclusive a week or so back, headlined: India stops U.S. attempt to sneak “scrutiny” into climate talks.   It sounded pretty good.  Unfortunately, the truth was not so impressive. But it was instructive. Let me explain.    

The Copenhagen fiasco basically set up a system where countries may voluntarily make commitments to do whatever they feel they can do.  These commitments are non-binding, and the extent to which countries choose to honor them is not even open to international "scrutiny." They are, however, open to the more ambiguous-sounding "consultations and analysis." Recently, the US had tried to substitute the "s" word for the term "consultations and analysis".The US backed off when India's Environment Minister Ramesh shot off an email to American negotiator Todd Stern.  

Now let me be clear: I love to see Todd Stern back off!  We took him to task way back in December, on the day we correctly predicted the outcome of Copenhagan talks. Here's what we said then:
US spokesperson Todd Stern is always saying obnoxious things about the developing world, suggesting WE are not doing enough.  For example, he says we won't get a "pass" this time, that "you've just got to do the math"...Americans like to "get tough" on abstract nouns.  They are always getting  tough on things like crime, "terror", immigration and drugs.   Stern's talk is part of his effort to prove America is ready to get tough on China and India...  
But the real problem here is that this is all an act.  The Americans want to look like they are getting tough on us.  We want to look like we are getting tough on them.  But nobody is likely to do very much because nobody has to!


That's why I'm going to say something that a lot of people won't like: at the end of the day, if we want to get anything done, we'll all need to accept words even stronger than "scrutiny"-- words like "legally binding" and "enforceable."  Of course, when it comes to carbon pollution, the US will have to cut much, much more, because they use much, much more--and they should pay for the share of historic pollution they've created. But at the very least, India will have to agree to reasonable cuts in emissions intensity  (explained here). 


Here is my simple, two-part part argument for why only legally binding, enforceable agreemets will work if we want to cut pollution.  You can sum it up with two words: horns and helmets.


Exhibit A: Horns 
In Delhi, some people love horns, some people hate them.  But we all hear a lot of them!  So an clever NGO has put together a great campaign of signs with slogans like these:  "Shut Up Honking...Even dogs don't bark without a reason...Horn blowing is a sickness..." These signs are smart and funny and kids like them.  There's only one problem.  They don't seem to stop anyone from blowing their horn! Conclusion: clever things that are not legally binding are not likely to work--at least not very quickly.
 


Exhibit B: Helmets
In Delhi, a very high percentage of motor cycle drivers wear helmets.  I would like to tell you they wear them because they believe in the safety benefits of the helmets.  But in most cases, this is not true.  How do I know? Well, because I've talk to a lot of people.  They say they wear a helmet to avoid being fined.  As additional proof, I submit to you these photos which demonstrate that people who are not required to wear helmets, such as women and children riding as passengers, typically do not wear them!  Now if the fathers and husbands riding these bikes believed in the life-saving properties of helmets, many of them would undoubtedly convince their wives and children to wear them.  But they don't. Conclusion: people are more likely to change their behavior when they are required to by legally binding, enforceable laws.

Summing up: legally binding, enforceable laws work, my friends!  Cool signs do not!

Tuesday, March 9, 2010

Two Stupid Ideas: "The BRAI Bill" and "The Civil Liability for Nuclear Damage Bill 2009"


On Sunday, when I wrote about the High Court's wrong-headed attack on Delhi's informal plastic recycling industry, I promised I'd soon tell you about two more stupid ideas. If you've been up at night worrying about what could be as bad as trying to shut down the industry that makes Delhi the de facto Recycling Capital of the World, never fear--your wait is over, because today I will explain it all to you simply.  And I will provide you with two simple things you can do to say no to stupidity! 

(By the way, if you are reading this from outside of India, I would remind you that these very stupid ideas are in large part being pushed by international industries and governments who are trying to do things in India that they would not be able to get away with doing in their home countries...not yet, at least. So take notice--it could be you next!)

1.  Stupid Idea Number 1: "The Civil Liability for Nuclear Damage Bill 2009."
This is a really stupid bill because it provides huge subsidies to big corporations and it encourages irresponsible, unsafe behavior.

First, this bill limits the overall amount of liability for each nuclear accident in India to US $450 million or Rs 2100 crore.  This happens to be less than the courts awarded in the Bhopal disaster way back in 1989!  (For some perspective on how much damage large scale industrial accidents can cause in terms of lives and money, see our "Bhopal by the Numbers" post, which compares Bhopal with Chernobyl, Exxon-Valdez, Hiroshima and other horrible human-made disasters.)

But that's not all; the proposed nuclear bill limits the liability of the private companies who would operate nuclear plants in India to mere 500 crores--(about $110 million). In the case of a big accident, the Government of India would generously make up the difference between the 500 crore that the responsible company would be liable to pay and the 2100 crore overall limit--a very nice gift to the operators of faulty nuclear power plants. (The damage that exceeded the 2100 crore limit would be born, interest free, by the people and the environment of India for thousands of years).

But as hard as it might be to believe this, the bill gets better in terms of generosity--I mean stupidity!  This bill shields private foreign companies from any liability for selling us equipment that breaks or leaks.   US companies demanded this clause in the US-India nuclear deal, which isn't surprising because they seem to have a fair amount of trouble with leaky reactors back home.  The US government won't go forward without it.  HELLO!  Protecting irresponsible Indian companies is bad enough, but why would we agree to protect US companies like this?   Any company that makes something that breaks should be liable in a court of law for the damage caused.  By limiting liability so much, this bill effectively provides a massive state subsidy to foreign nuclear companies--and a slightly smaller one to local nuclear companies .  If we want to provide subsidies, let's subsidize our farmers-- or our own solar power industry!

Of course limiting liability is not just stupid because it's a give away huge corporations.  The real danger is that these subsidies shield nuclear power companies from risk--and by so doing, they encourage risk taking.  And when it comes to nuclear power, encouraging risky behavior is a colossally stupid idea.

This bill will probably pass, simply because the Americans want it to pass and we all know how badly the current government wants the nuclear deal to take affect. But that doesn't mean we have to like it. Protest stupidity!  Sign this on-line petition today.

Stupid Idea Number 2: Biotechnology Regulatory Authority of India Bill, AKA "The BRAI Bill"
This is a really stupid bill because it is aims to shut down public debate on GM foods in India in a stupid and repressive way.  Most terrifying is Section 63, which proposes imprisonment and fines for anyone who “without evidence or scientific record misleads the public about safety of GM crops."  (For more on this bill and GM foods in general, see Tehelka's recent cover story on Bt Brinjal.)

Now this Section 63 got me pretty upset, so I went and looked for an expert opinion on the legal aspects of it. I decided to talk to my 9 year old son, because he's been studying for his end-of-year Fourth Standard SST exam, and he knows a lot about our "Rights and Responsibilities."  When I asked him, he said that "our right to express our opinions is definitely one of our Fundamental Rights."  Regarding the BRAI Bill, he replied that this bill sounds "unconstitutional...and stupid!" I have to agree. 

If the legal opinion of a 9 year old doesn't convince you, consider this: Monsanto officials will certainly not be prosecuted for admitting that their Bt Cotton is no longer effective against pests  in parts of Gujarat. After all, their study was conducted by trained scientists. But a Gujarati farm worker who questions the safety of Bt Cotton based on the fact that he has a rash from picking it could face stiff penalties if he doesn't commission a scientific study first.  THAT, my friends, is a TRULY STUPID IDEA, as I'm sure you will agree!

Say no to this stupid (and repressive) bill!  Sign this Greenpeace petition now!

Sunday, March 7, 2010

Why Let's Do It! Delhi Can't Solve this Court Ordered Crisis


I had planned to name this post, "Three Really Stupid Ideas," but I've decided instead to write about one really stupid idea and one pretty good idea that will almost certainly deliver less than it promises. As for the other two really stupid ideas, well, you'll just have to wait a few days for those.

The Delhi High Court ruled last week that local authorities must once again enforce a ruling the Supreme Court made back in 2000.  Though this ruling will affect other industries as well, the Indian Express makes it clear that it is aimed at plastic recyclers in particular.  I've been thinking a lot about the plastic recycling industry since I reviewed Of Poverty and Plastic and interviewed its author, Kaveri Gill, last month.  If previous experience is any guide, this ruling will fail to bring an end to plastic recycling.  It will, however, cause a great deal of needless hardship to people who have enough hardship already.


It is common knowledge that Delhi does an exceptionally poor job at managing it's solid waste.  There is litter everywhere, but more than that, there are large sections of the city where formal solid waste management and recycling systems are nonexistent.


We would literally be drowning in trash if it were not for the informal sector: the waste pickers, the kabadi wallas, the traders and the small recycling factories that do much of the work that the state takes responsibility for in most other countries. 


This is not a perfect system, but it can boast impressive achievements.  India recycles 60-80% of it's post-consumer plastic, as compared with 7% in Europe and 10% in China.  Most of this recycling takes place in Delhi, making our city the de facto recycling capital of the world. The benefits of all this recycling means less use of petroleum, but it also means that poor people all over the country have access to inexpensive plastic products: buckets, mugs, footwear, and more.  And the plastic recycling industry has created lakhs of jobs that would otherwise not exist.


It is true that the recycled plastic industry pollutes.  So does the new plastic industry, and so does burying plastic in the ground.  But three points should be made.  First, the government has never followed through on it's plans to relocate this industry in a systematic and sustainable manner.  If this industry must move, then a well-organized, humane approach would be the way to do it.  Second, many factory owners have made efforts to reduce their environmental impact. Sealing them up and scattering them even further from the center of Delhi will simply shift pollution to new areas--where things may be worse.    Third,  arbitrary and sudden government sweeps  like the ones that devastated this industry a decade ago are unlikely to end plastic recycling, but they are almost certain to cause enormous amounts of suffering in an industry that is already marginal and risky in the best of times.


Let's Do it! Delhi
Perhaps the justices of the High Court felt they could get away with such a drastic attack on the industry that helps keep Delhi as clean as it is because they've read about the Let's Do It! Delhi campaign, which aims to clean up Delhi in just one day on March 20.  A similar campaign worked in Estonia, organizers say!  Why not Delhi?


I'm sorry, but I think this is such a sweet idea.  In fact, Mrs. Batti has me and the kids signed up for some kind of clean up work on that day, and I'm really looking forward to it.  You should sign up, too!  But I have to confess that every time I hear the Delhi effort compared to the Estonian campaign, I find myself giggling uncontrollably!  Please, don't take this the wrong way!  I hate litter.  I don't litter-- I even pick up other people's litter sometimes, which, I might add, almost always embarrasses my children.  But I watched a video about what happened in Estonia, and I just have to break this to you: DELHI is NOT ESTONIA!


The Let's Do It! Estonia campaign was amazing.  In the weeks leading up to their one-day clean up drive, they used GPS gizmos to map out every pile of trash in the country.  The airwaves were flooded with free public service announcements featuring all kinds of famous Estonians.  On the day of the clean up, Estonia, a country of 1.3 million people, produced 50,000 volunteers, who cleaned up 10,000 tons of trash.  Wow!  Those guys are serious about cleanliness! So what if most of that trash went to landfills, not recycling centers--you really have to give them credit for doing an incredible job.


The Let's Do It! Delhi organizers are impressive and hard working.  They are doing a very good thing.  I support them.  But no matter how we try, we will not be able to clean up Delhi in one day.  To approach the level of civic involvement that the Estonians had, Let's Do It! Delhi would need to mobilize more than a half million volunteers on March 20.  To be successful, they would have already had to have mapped every trash pile in every slum and public park, and all the plastic floating in every nallah and river in the city. And, of course, the MCD would have to have laid the ground work for a trash collection system throughout Delhi so that those piles of trash wouldn't just reappear next month.  


Of course the fact that we will fail does not mean we should not try.  But there is too much irony here to go unspoken: this month, as people from all over Delhi come together to spend a day picking up litter, the courts have put at risk the livelihoods the lakhs of hard working men and women who spend all of their days collecting and recycling our trash for us. Let's do it better than this, Delhi!

Thursday, March 4, 2010

Guest Post: Some Uncommon Thoughts on the Commons


By Sabitha T P

The colours of Holi have settled down, unlike the dust in Delhi, being dug up furiously to somehow touch the finish-line before the Commonwealth Games to be held later this year. In some other parts of the country, however, the dust is not about to settle down in a hurry. I am referring to the sale of our hills to mining corporations, particularly in mineral-rich Central and Eastern India - Jharkhand, Orissa and Meghalaya for iron ore, bauxite and uranium mining. These mineral-rich, but cash-poor states answered the neo-liberal Indian state’s call to “open up” the resources with unpremeditated alacrity, and these state governments consider this the path to “development” (like the “development” of Delhi with all the construction activity). Let’s pause here. What are the ‘costs’ of such development? The costs are to be measured in environmental as well as human terms. And more fundamentally, what do we mean when we say the environment? Is it what is out there, somehow at a remove from us, or does it shape our very perceptions of the world and our place in it?

When I was reading about the furious mining activity that is going on as well as the proposed sale of large swathes of forest land in Orissa to international mining corporations (such as the U.K.-based Vedanta mining corporation and the South Korean company POSCO - whose stocks are now largely owned by American shareholders), I started asking the question – how can these state governments do this? How can they sell forests and hills to international corporations for their private profit even when there is large-scale resistance to the dispossession of the indigenous forest-dwellers and to the environmental implications on land and water? How can the state governments conduct these transactions as if they are merely financial, when livelihoods, lives, belief-systems of the tribals, as well as  our access to clean unpolluted water, unpolluted arable land and food security are at stake. These are very large stakes indeed. So then, the next question I asked was, if forests and hills and what is under the earth in these hills can be sold, who does this land belong to?

This brought me to the idea of the commons. These hills and forests are the commons. It belongs, at the same time, to all of us and none of us individually. What does it mean to say “the commons”? It is that which we may collectively own and use without taking anything away, since none of us individually has ownership of the commons. When Roman law divided things into Res Privatae (“private things”) that are individually owned and the owner has the right to possession of, Res Publicae (“public things”) that are state-owned – such as public institutions and public parks, and Res Communes (“things that are common to all”), it meant to create the category of the Commons as distinct from both private and public. Res Communes was comprised of those things that were extra patrimoiium (“incapable of being possessed”) and thus available to and necessary for all. Ergo, neither the individual nor the state has ownership of the commons. The environmental commons are land that is neither owned by an individual nor the state, water, and air. The steady enclosure of the commons by the British between the beginning of the eighteenth century and the end of the nineteenth, saw several protests by farmers, grazers, commoners, and well, poets. For a bit of a rest on this long common road, let us look at the poetry of John Clare, an eighteenth century British poet –

Love hearken the skylarks
Right up in the sky
The suns on the hedges
The bushes are dry
Thy slippers unsullied
May wander abroad
Grass up to the ancles
Is dry as the road

There’s the path if you chuse it
That wanders between
The wheat in the air
And the blossoming bean

Social historian J. M. Neeson reads these lines as a celebration of the commons. John Clare could absorb and take pleasure in the sight of the bushes, the bean and the hedges by the road because he had access to them since so much of the land was shared. John Clare’s nature poetry, she says, “is about this sharing, this access, this possession without ownership.” With the parliamentary enclosure of common lands, the villagers lost not just access to the land, but a way of perceiving the world and a way of life. John Clare writes in another poem, ‘The Mores’:

These paths are stopt – the rude philistines thrall
Is laid upon them and destroyed them all
Each little tyrant with his little sign
Shows where man claims where earth glows no more divine
But paths to freedom and to childhood dear
A board sticks up to notice ‘no road here’
And on the tree with ivy overhung
The hated sign by vulgar taste is hung
As tho the very birds should learn to know
When they go there they must no further go

These poems could very well be about the forcible taking away of any commons. Such alienation changes a very real way of life and smothers freedoms.

The commons are our collective heritage, nurturing and in turn, to be nurtured. However, instead of democratic and sustainable management of this common heritage, what we see in the sale of our hills and forests is not only the mutilation of the land (causing water contamination as well as a drastic fall in water table levels in the villages around the hills, thus affecting water security and farm yield), and the dispossession of the tribals for whom this land is their natural and cultural habitat; what we see in this sale of the commons for private profit is the very erosion of the idea of the Commons and a perversion of the principle of Greater Common Good. It is not only a political question of the original inhabitants’ right to land – which is more than land for them, it is their way of life, their gods – but also a question of the degradation of our environmental commons. Did we give our consent to the sale of the commons that belongs to all of us, sustaining us? Is it possible for the state to abdicate its role as a representative house and a protector of our inalienable rights, and instead turn predator on its citizens and their commons?

Did you know (I didn’t!) that last year’s Nobel Prize for Economics was shared by Elinor Ostrom who has been championing the cause of the commons?  Over decades Ostrom has studied and documented how different communities manage common resources – forests, grazing lands, water for irrigation, fishing – sustainably and equitably over long periods of time. Her award was seen by the Commons Movement as a debunking of the popular notion that private property has effectively prevented resources from being depleted or misused. It is indeed significant that the world’s most prestigious Economics prize was awarded to a champion of equitable and sustainable communal sharing of resources. Over the last few years commons movements have been gathering momentum, movements that argue and work for the protection of what we share together – from natural resources to public parks, to biodiversity and the internet. You can read about some of them (including the Pirate Party in Sweden – don’t we all want to support it!) here.

The tribals are communities who live by the principle of the commons - the only sustainable model of human inhabitation on earth - leaving the commons as they found it without taking anything away, leaving it intact for the future generations of passers-by. Their subsistence-level cultivation, collection of honey, and fishing can be considered largely unharmful, minimal intervention that is also at the same time protective of the commons. If the commons belong to you and me, we have the responsibility to safeguard it sustainably. Sustainable development can only be possible when it is founded on the principle of the commons. And we have much to learn from the shared ways of life and belief-systems of the indigenous forest dwellers. We owe not only the survival of the forests to their environmentally respectful ways of life, but also the hope of learning sustainability and an inherent respect for our environment from them, so that we too, like them, may leave unnoticeable footprints on the commons we are passing through and are passing on to our children and grandchildren.

Sabitha T P teaches English literature to undergraduate students in Delhi University.  Her poetry has appeared in many places, in both English and Malayalam.