Title: Environmental Governance
Dr Mahfuzul Haque Adjunct Faculty, Department of Development Studies University of Dhaka, Dhaka, Bangladesh E-mail:
[email protected]
Synonyms Governance: supremacy; ascendency; domination; authority; power; control Environmental: ecological; conservational; ecofriendly; green Environmental Governance: management of the environment
Definitions Environment: Environment includes water, air, soil and physical properties and the inter relationship which exists among and between them and human beings, other living creatures, plants and microorganism. Environment is the sum of all external conditions affecting the life, development and survival of an organism (any form of animal or plant). Environmental Governance: Environmental governance comprises of rules, practices, policies and institutions that shape how humans interact with the environment. It’s a process that links and harmonizes policies, institutions, procedures, tools and information to allow participants (public and private sector, NGOs, local communities) to manage conflicts, seek points of consensus, make fundamental decisions, and be accountable for their actions. 1.0
Introduction
Governing the planet’s rich and diverse natural resources is an increasingly complex challenge. In our globalized world of interconnected nations, economies and people, managing environmental threats, particularly those that cross political borders such as air pollution and biodiversity loss will require new global, regional, national and local responses involving a wide range of stakeholders. Effective environmental governance at all levels is critical for finding solutions to these challenges. Environmental governance therefore comprises rules, practices, policies and institutions that shape how humans interact with the environment. 1
Environmental governance has been defined in several ways. Environmental governance is the whole range of rules, practices and institutions related to management of the environment in its different forms (conservation, protection, exploitation of natural resources, etc). All the processes and institutions, both formal and informal, that encompass the standards, values, behavior and organizing mechanisms used by citizens, organizations and social movements as well as the different interest groups are part of environmental governance in terms of accessing and using natural resources. Good environmental governance takes into account the role of all actors that impact the environment
From governments to NGOs, the private sector and civil society, cooperation is critical to achieving effective governance that can help us move towards a more sustainable future. Environmental governance is the concept in political ecology and environmental policy which advocates sustainable development as the highest consideration for managing human activities. It assumes a desirable future state for human societies in which living conditions and resources meet human needs without undermining the sustainability of natural systems and the environment, so that future generations may also meet their needs. It boils down to the concept of “Sustainable Development”.
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Global Environmental Governance
At the international level, global environmental governance is the sum of organizations, policy instruments, financing mechanisms, rules, procedures and norms that regulate the processes pf global environmental protection. United Nations Conference on the Human Environment (UNCHE) held at Stockholm, Sweden in 1972 was a watershed in the emergence of sustainable development. It adopted Action Plan on Human Development, which looked at the term “pollution of poverty” meaning environmental concerns of the poor, such as lack of clean water or sanitation. The major institutional decision coming out of the United Nations Conference on the Human Environment held at Stockholm in 1972 was the establishment of the United Nations Environment Program (UNEP), which was created to play the lead role in Global Environmental Governance (GEG) by coordinating environmental activities within the UN agencies and acting as a catalyst
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for new initiatives. Since then, the world has seen hectic activity in global environmental policy (and, more recently, in sustainable development policy) and a host of treaties, organizations and mechanisms have emerged. Global environmental governance is understood as the sum of organizations, policy instruments, financing mechanisms, rules, procedures and norms that regulate the processes of global environmental protection. Since environmental issues entered the international agenda in the early 1970s, global environment today reflects both the successes and failures of this development. There is great awareness of environmental threats and numerous efforts have emerged to address them globally. At the same time-and partly because of the rather spectacular growth in awareness and initiatives-the GEG system has outgrown its original design and intent. The system’s high maintenance needs, its internal redundancies and its inherent inefficiencies have combined to have the perverse effect of distracting from the most important GEG goal of all-improved environmental performance. Even though the GEG system has achieved much in the way of new treaties, more money and a more participatory and active system than anyone might have imagined three decades ago, environmental degradation continues. Indeed, because we know so much more about environmental conditions and environmental processes, we also know more about what is not going well with the global environment.
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UN Development Decades
A series of UN Development Decades were undertaken by the United Nations in the sixties, seventies, eighties and nineties in order to raise awareness among the global community targeting development. The First UN Development Decade in the 1960s prioritised economic growth and application of modern scientific and technical knowledge as route to prosperity in the underdeveloped world and development was expected to be “More like the West”. The Second UN Development Decade in 1970s followed the previous policy. Development was not shared equally amongst the populations of these nations. It was thought underdevelopment was the direct outcome of development elsewhere. In 1980s, the Third UN Development Decade criticised overemphasising of the economic dimensions of development. Development needed to be sustainable. “Development” in contrast was seen as a multidimensional. It was expected that development should encompass not only economic and social activities, but also development of the habitat and the environment. The Fourth UN Development Decade in the 1990s aimed at developing a process that is responsive to social needs, sought a significant reduction in extreme poverty, promoted the 3
development and utilization of human resources and skills. It put emphasis on economic growth in the developing countries, especially in the LDCs. UN Development Decades set the tone of a holistic development addressing all six aspects of a multidisciplinary development: economic, social, ecological, political, cultural and spiritual.
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Sustainable Development
The Brundtland Commission, in its report, Our Common Future, 1987, warned of the growing threat to Earth from pervasive world of poverty, environmental degradation, diseases and pollution. The Commission led by Gro Harlem Brundtland, the then Prime Minister of Norway, defined “sustainable development” as the “development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (WCED, 1987). It contains with two key concepts: a) the concept of “needs” in particular the essential needs of the world’s poor, to which overriding priority should be given; and b) the idea of limitations imposed by the state of technology and social organization on the environment’s ability to meet present and future needs (Haque, 2013). At a minimum, sustainable development must not endanger the natural systems that support life on the Earth: the atmosphere, the waters, the soils and living beings.
Development needed are to be sustainable. It must encompass not only economic and social activities, but also those related to population, the use of natural resources and the resulting impacts on the environment. Resources are thought to be infinite, in fact they are not. Pollution and environmental degradation are considered the inevitable consequences of industrial development. Development and conservation are incompatible; challenges are how to develop minimizing adverse impacts on the environment. The idea of sustainable development represents an attempt to link economic growth to wider ecological and social issues. ”The reconciliation of society's developmental goals with the planet's environmental limits over the long term is the foundation of an idea known as sustainable development” (US National Research Council 1999). FAO’s code of responsible fisheries practice says that “Sustainable development is the management and conservation of the natural resource base and the orientation of technological and institutional change in such a manner as to ensure the attainment and continued satisfaction of human needs for 4
present and future generations. Such sustainable development (in the agriculture, forestry and fisheries sectors) conserves land, water, plant and animal genetic resources, is environmentally non-degrading, technically appropriate, economically viable and socially acceptable (FAO 1997). By “sustainable governance”, we understand a governance, which takes care of environmental conservation, natural resource management in particular and “greening” of plans and policies and projects in general. It brings forth the issue of “green politics” and “green constituencies”. If such a constituency is established, government would be sustainable. The environmental degradation we observe may be the result of unsustainable governance as much as of unsustainable development. The symptoms of unsustainable governance-perverse subsidies, open-access resources and countervailing risk-are widespread and serious sources of environmental hazard. Narrow focus on sustainable development to the neglect of sustainable governance may leave problems unsolved. If it is to succeed, then, "sustainable development" must go arm-in-arm with sustainable governance. Sustainable development is holistic development. It accounts for the six dimensions of human welfare, namely, social, economic, ecological, political, cultural and spiritual, without letting any dimension unduly dominate the others.
The environmental injuries arising from weak governance are well known. These include worldwide practice of government subsidies for environmentally damaging activities, such as logging, grazing, farming, mining, water use, dam construction, and fuel use. A second and more general form of weak governance occurs when the state does not or cannot protect security in property rights. The basic inability of the state to underpin market activity not only inhibits economic development in general, but is often a prime contributor to environmental degradation.
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Earth Summit
Two decades have passed, since the world leaders assembled at Rio-de-Janeiro, Brazil at the “Earth Summit” held in 1992 to chart a course of actions for this only habitable planet, called the Earth. The Summit marked an important milestone in awakening the world to the need for a development process that does not jeopardize future generations. The Rio Conference achieved consensus in more than one area: first, it secured a set of agreements between governments which marks a 5
significant advance in international cooperation on environment and development. Second, it marshaled political commitment to these arrangements at the highest level and placed the issue of sustainable development at the heart of international agenda. Third, it opened new paths for communication and cooperation between officials and non-official organizations working towards development and environmental goals. Fourth, it led to an enormous increase in public awareness leading to adoption of policies and allocation of additional resources to achieve the desired results.
The Earth Summit offered a unique opportunity to establish the basis for the major shift required to put this planet on the path towards a more secure and sustainable future. At the core of this shift, there is a felt need for fundamental change. Change to our economic life, a more careful and more caring use of the Earth’s resources and greater cooperation and equity in sharing the benefits as well as the risks of our technological civilization. Of particular importance is the need to integrate the ecological dimension into education and culture as well as in economics. The summit adopted the United Nations Framework Convention on Climate Change (UNFCCC) aiming at stabilizing climate change; the UN Convention on Biological Diversity (CBD) aiming at conservation of biodiversity; the Earth Charter; the Forestry Principles; and the Agenda 21, which is a non-binding blue-print for nations, a development pathway for the 21 st century.
Targeting global environmental governance, the World Summit on Sustainable Development (WSSD) was held in Johannesburg, South Africa in 2002. The summit took stock of developments since the Earth Summit, 1992 held 10 years ago and implementation status of Agenda 21. Outcome of the summit was “Johannesburg Plan of Implementation”. The declaration titled, “The Future We Want” was rather a weak document. It called for green development; green growth; and green economy. It was agreed to enable the countries to undertake nationally-driven greener development. Throughout the process leading up to the 2002 World Summit, the international community endorsed the need to integrate better three dimensions of sustainable development: the environmental, social, and economic dimensions of development.
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Multilateral Environment Agreements
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There had been a series of conferences of parties of various multilateral environment agreements (MEAs) related to climate change, biodiversity conservation, ozone layer depletion, combatting desertification and so on. Intentions of such a global environmental governance were to bring this planet Earth back to a habitable situation not only for this generation but also for the future generations. UN Framework Convention on Climate Change (UNFCCC) for example, at its 21st Conference of the Parties (COP-21) held at Paris, France in 2015 adopted the “Paris Agreement” which made and it mandatory for all countries to reduce carbon emission to 350 ppm, to keep the global average temperature well below 2 °C above pre-industrial levels and to limit it to 1.5 °C. The country-parties signing the Paris Agreement are obliged to undertake country-specific policies and projects to meet their commitments. Similarly, conference of parties of other conventions also made substantial progress in biodiversity conservation, halting depletion of ozone layer, combatting desertification, withdrawing persistent organic pollutants etc. Around 500 multilateral environmental agreements and a plethora of international organizations, doing the best they can to respond to environmental challenges that range from climate change to persistent organic pollutants.
MEAs have an important role to play in shaping global environmental governance. Increasingly, the countries of the world are signing and ratifying various conventions of global environmental interests and becoming parties to these conventions. Following ratification of these conventions, they are obliged to examine their national plans, policies, legislation and projects and revise and redraft them in line with the commitments they made to the global community by becoming parties to these conventions. Often the Convention secretariats set up “Implementation Committees” in order to help the developing countries and the LDCs in particular to redraft their local legislation and undertake training programmes for the officials. Implementation Committees of the UNFCCC and Montreal Protocol played an important role in implementing various provisions of the convention at a local level.
2.5
United Nations Environmental Programme
United Nations Environmental Program (UNEP) established in 1972 is a watchdog body to ensure that the MEAs are implemented by the signatory countries in their respective localities. UNEP’s 7
has been playing a leading role as a global environmental authority. From delivering expert scientific assessments to providing international platform for negotiations and decision making, UNEP has been fulfilling this mandate since 1972. The country-parties (signatory states) of the MEAs are expected to implement these conventions, treaties and protocols at national level by redrafting their national plans and policies and enactment of legislation in line with the MEAs. Conference of Parties (COP) being the supreme body of these conventions meet periodically (e.g., Conference of Parties of UNFCCC are held annually). Although, UNEP with its headquarters in Nairobi, Kenya does not hold much influence these days over the implementation processes of various MEAs because of establishment of independent secretariats (e.g., UNFCCC secretariat in Bonn, Germany; CBD secretariat in Montreal, Canada), the organization was the pioneer UN agency in upholding the cause of environmental governance globally.
2.6
From MDGs to SDGs
Building on the UN Development Decades in the sixties, seventies, eighties and nineties, the UN Millennium Development Goals (MDGs) adopted in 2000 marked a strong commitment to development; peace and stability; gender equality; eradication of many dimensions of poverty; and sustainable human development. Building on the UN global conferences of the 1990s, the MDGs over the years made substantial progress in reducing poverty, hunger; improving education, healthcare, water sanitation and ensuring environmental conservation. MDGs were expected to be achieved by 2015, although, poverty, hunger, illiteracy, maternal deaths, stunting growth of children, mortality and morbidity continue to engulf many parts of the planet. Millennium development goals were followed by Sustainable Development Goals (SDGs) with the theme, Transforming Our World: the 2030 Agenda for Sustainable Development adopted in 2015 with 17 goals and 169 targets to be achieved by 2030. MDGs focused on both human development and environmental goals, while SDGs covered all three dimensions of sustainable development- the economic, social and environmental and its interdependence. Another important aspect of SDGs that it promoted peace and justice (SDG 16). “There can be no sustainable development without peace, and no peace without sustainable development”. SDGs are bold and ambitious and instead of halving poverty, SDGs aimed at ending poverty. Governments were entrusted with the responsibility to implement them at a national level. There are various indicators established by 8
the UN which would help the global community to evaluate their performance. Many developed, developing and least developed countries could change their lot to a great extent by maintaining a targeted developments with year-wise progress.
Both MDGs and SDGs adopted by the UN and signed by the global community were important milestones in ensuring environmental governance at a national and global level. In order to implement the second World Development Agenda goes by the name Agenda 2030 or Sustainable Development Agenda (2016-2030), popularly known as the Sustainable Development Goals (SDGs), many countries undertook mapping exercises with various Ministries by targets in the implementation of SDGs aligning with their existing short and long-term plans. It is understood that the development approach underlying the existing plans would be in consistent with the global agenda for higher growth with appropriate measures for protection of the environment. Special significance of this mapping exercise was the consultative process involving the NGOs, civil society and the development partners.
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Environmental Governance: Institutions
At a national level, the parliament enacts legislation on environment. Parliament also approves annual budget on various development projects, including that on the conservation of environment and natural resources management. There is a dedicated “Parliamentary Committee on Environment” composed of members of the parliament, entrusted with the responsibility to monitor progress of implementation of environmental plans, policies and projects of the government. Various ministries and departments of the government are responsible for running environmental governance. The Cabinet of Ministers headed by the head of the government is primary responsible in providing overall guidance and ensuring implementation of various plans, policies and enforcement of laws on environment. In some countries, there is a National Economic Council (NEC) and Executive Committee of the National Economic Council (ECNEC) headed by the Head of the Government approving and monitoring various development projects including that on environment and forests. In some countries, there is a “National Environment Council”headed by the Head of Government overseeing implementation of plans, policies and projects on environment and also coordination of inter-sectoral issues. The decisions taken by the committee 9
are executed by an Executive Committee of National Environment Council- headed by the Minister of Environment and Forests.
Generally, there is a dedicated ministry named the Ministry of Environment and Forests, headed by a Minister, who looks into issues related to conservation of the environment and forests. All plans and policies are implemented by a group of professional executives and bureaucrats at the ministry. The Department of Environment (DOE) headed by a Director General looks into day to day enforcement of laws. DOE is the technical arm of the Ministry, providing technical advices to the ministry and enforcement of laws. In some countries, there is a separate ministry dedicated for environmental conservation. There is also a “Department of Forests” headed by the Chief Conservator of Forests, tagged with the Ministry of Environment and Forests looking into biodiversity and forest conservation.
Environment being a cross-sectoral issue, a number of sectoral Ministries and Departments are engaged in addressing issues related to environment. The Ministry of Fisheries and Livestock and its subordinate organ, the Department of Fisheries are for the conservation of fisheries biodiversity and enforcement of laws halting depletion of fisheries. Similarly, the Ministry of Water Resources headed by a Minister is responsible for sustainable water management, the Ministry of Industry is responsible for promoting pollution-free industries and so on. Other organizations engaged in guiding the government in environmental governance are the media (both print and electronic), civil society bodies, academia, advocacy groups, and right-based groups. They are the watchdog groups in putting pressure on the government for ensuring good environmental governance.
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Environmental Governance: Processes
Environmental governance could be both centralized and decentralized. In a centralized, “topdown” approach, the policies and plans are adopted and decisions are taken by the government following a centralized way of consultations among the technocrats and bureaucrats of different government ministries and departments. On the other hand, “decentralized environmental governance” ensures that decisions are taken, plans and policies are adopted through grassroots consultation. It is also known as “participatory environmental governance” following a “bottom” 10
process. In other words, development planning follows a Multi-Stakeholder Integrated Sustainability Planning (MISP) model. The innovative concept of MISP is a departure from conventional development planning. It is an integrated approach of planning in pursuit of sustainable development, involving various sectors and components of the ecosystem, meaning the stakeholders. MISP is multi-disciplinary. It integrates economic, social, ecological, political, cultural and spiritual concerns towards a holistic and sustainable development. For effective running of environmental governance, participatory planning involving the grassroots people is necessary, which would ensure “ownership” of the affected people, project victims- the stakeholders in the planning process. Such a participatory planning process would ensure that views and concerns of the grassroots people on environmental degradation, depletion of biodiversity, industrial pollution are reflected through governance of a country.
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Environmental Governance: Challenges
Some of the obstacles and challenges facing the environmental governance are: a) how to implement the Multilateral Environmental Agreements at the national, regional and global levels, as numerous such agreements were signed by the global community since Stockholm Conference held in 1972; b) how to develop the national plans, policies and enactment of environmental legislations in line with the MEAs for natural resource management; c) how to resolve conflict of interests among some of the MEAs (e.g., Article 27.3 (b) of Trade Related Intellectual Property Rights (TRIPs) goes against the principles of Articles 8 and 15 of the UN Convention of Biological Diversity); d) how to ensure long term budget allocation by the respective national governments for halting environmental degradation, biodiversity conservation and disaster risk reduction; e) how to ensure effective coordination and collaboration between the government, various sectors of the government, non-government organizations, private sector and the civil society bodies in arresting environmental pollution and environmental conservation; f) how to prioritize environment over other sectors of development, like agriculture, health, education and security; g) how to ensure continued political commitment and consensus in the parliament on natural resource management irrespective of changes of the government; and h) how to raise environmental awareness among members of public and develop a “green constituency” , who would speak against pollution, degradation and encroachment. 11
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How to overcome the challenges
In order to overcome these challenges, the role and responsibilities of the government; parliament; judiciary; civil society bodies; academia; media (both print and electronic); and social network (email, face book, tweeter, whats app) are noteworthy to mention. Their involvement in overcoming the challenges are narrated below: a) Government: Macro and micro level sectoral plans and policies are developed, updated and implemented by respective government ministries and departments depending on priorities and commitments of the central government. Implementation of MEAs by respective government ministries/departments also depends on the commitment of the government. As a signatory to various multilateral environmental agreements, government has to translate them in national plans, policies, projects and laws. Political commitment irrespective of changes of the government is necessary for implementation of long-term plans like Five Year Plan, Strategic Plan, Perspective Plan, sectoral Master Plans and policies, allocation of budget etc. In this regard, establishment of a “green constituency” is necessary, who would play a pivotal role in electing political parties speaking for the environmental conservation. b) Parliament: Finalization of plans and policies without legislation is like a “toothless tiger”. Laws are enacted in the national parliament and the parliamentary committee on environment is entrusted with the responsibilities to oversee enforcement of environmental projects and laws. Members of the Parliament (MPs) play an important role in enacting laws in line with natural resource management and constraints. Awareness and training of the MPs are noteworthy to mention. c) Judiciary: Judiciary, another organ of the state, plays a significant role in environmental governance. It is often seen that the judges are issuing suo motu rules on the government for halting environmental degradations like river pollution, air pollution, land grabbing, encroachment of forest lands etc. Establishment of “Environmental Courts” by the government and proper awareness raising and training of the judiciary could help effective enforcement of environmental laws.
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d) Civil Society and Media: Civil society bodies and print and electronic media continue to play an important role in natural resource conservation in general and halting pollution, encroachment and land grabbing in particular. They help the government in ensuring proper environmental governance. They are to be allowed to perform their responsibilities without any censorship, hindrance and obstacle. Awareness and training of media persons are necessary in this regard. e) Social Network: These days, social media like facebook, linkedin, whatsapp have become very popular among the general mass in general and young people in particular. Social network so far has been able to halt many environmental degradations through mass campaign, procession and advocacy. Uninterrupted social media without interference is necessary for the safeguard of the environment.
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Conclusion
Environmental governance continue to face many challenges locally, nationally and globally. Although, the global community endorsed the view that global warming is taking place and gave emphasis on promotion of renewable energy discarding fossil-fuel based energies, many developed countries continue to use fossil fuels in a big way for their energy use. Group interests, regional interests take priority over global interests. Unanimous support to “Paris Agreement” at Paris in 2015 faces new challenges with the change of government (e.g., recent change in US government). Petty local interests getting priority over national and global interests. At a national level, new regime refuses to honor global commitments made by the past regimes, some governments are found to be serving the interests of some coterie groups and putting more emphasis on fossil fuels, like coal and petroleum at the cost of environment-friendly renewable energy. Some global leaders are taking benefit of scientific disagreements and continue to harness natural resources to a point of no return.
The crises caused by accelerated and probably irrevocable impact of human activities on the nature, society and economy calls for collective responses by international institutions, governments and citizens. Governance, considered as the pluralist management of policies and social and environmental actors, has to meet this crisis by pooling the experience and knowledge 13
of each of the social agents and institutions concerned. Through continuous and concerted efforts with strong political will and commitment, one could overcome such crises. Public awareness through media advocacy and education, can help develop a strong constituency in order to establish the desired political will for a change.
References
Asefa, S. (2005). The Concept of Sustainable Development: An Introduction. Michigan: Upjohn Institute for Employment Research. FAO (1997). Code of Responsible Fisheries Practice, Rome. Haque, M. (2013). Environmental Governance: Emerging Challenges for Bangladesh. Dhaka: AH Development Publishing House. The World Commission on Environment and Development. (1987). Our Common Future, Oxford and New York: Oxford University Press. US National Research Council (1999), Our Common Journey: A Transition Towards Sustainability.
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