Arlene Harrison Henry | Pay heed to climate crisis

Beryl, which formed as a category-five hurricane in June, must cause Jamaicans to reflect on the state of the climate crisis, the effect it is having and the extent to which the rights of its citizens are protected by our legal and other systems.

Hurricane Beryl is further evidence of rising sea temperatures. Jamaicans did not cause, or create rising sea temperatures that give birth to Beryl, yet live under conditions created largely by others and increasingly pay a disproportionate price in deaths, physical injuries, destruction of homes, devastation of crops, animals, damage to infrastructure, economic losses, dislocation, and emotional distress.

The record shows the continued devastation of nature’s inbuilt infrastructure of protection and resilience. The failure to take adequate action to protect reefs, forest cover and mangroves. Conversations about building resilience seem to suggest that man’s structures of concrete, stones, walls, hurricane straps and the like can remotely compare with nature’s complex systems of protection or replace them.

The natural environment, consisting of the lands, the waters, the air along with the flora and fauna is a shared space occupied by all of humanity whether rich, poor, developed, undeveloped, island or continental, big or small, all peoples, however racialised, all colours, notably to include indigenous peoples, anywhere on planet Earth.

Small island developing states (SIDS) are at the greatest risk. There is no comfort in the agreed 1.5 degree in temperature increase above the preindustrial level. Countries like Jamaica are poised for serious trouble if the world is not prepared to come together as one and take urgent action.

NOT STRONG ENOUGH

Yet Jamaica’s voice in the international community for climate justice and accountability seems mute, certainly not strong enough and not a leading voice for the work ahead. Demands for climate justice and accountability, committed global action and call for more public education of the dangers of climate seems must be centre of national agenda.

Plans for rebuilding and further developments include:

– reestablishing coral reefs and replanting mangroves;

– placing appropriate restrictions on bauxite and other mining ventures;

– setting back hotel and other resort construction from the water’s edge;

– replanting forests;

– including adequate social and physical infrastructure to accommodate new developments;

– treating all sewage to a tertiary level;

– promoting education and raising public awareness on environmental matters including among students at all levels of education;

– guaranteeing mechanisms for community participation and decision-making on matters affecting the environment;

– providing access to information on all developments before any approval is granted.

– establish a progressive timetable to substitute wind, solar and water energy in place of oil (fossil fuels)

The work to rebuild the natural environment must be given priority, planned for, and resources allocated. The recommendations are not offered as a panacea, but, if implemented, will contribute to fulfilling the requirements set out in Jamaica’s constitution.

Environmental rights set out in the Charter of Fundamental Rights and Freedoms section 13 (l) are comprehensive and include:

“the right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage.”

The legislative, the executive and all public authorities are constitutionally mandated by section 13(4) of the Charter:

“This Chapter applies to all laws and binds the legislative, the executive and all public authorities.’’

PUBLIC EDUCATION

Public education is necessary as the protection and conservation of the environment is a shared obligation, between the state, the citizenry and juristic personalities including public and private corporations (section 13 (1)(b)(c)).

The right to enjoy a healthy and productive environment encompasses a wholesome environment, conducive to healthy living, with clean air, food, and water, free from pollution (including particulate matter and toxic fumes), proper sanitation while providing access and opportunities for sustainable development, social, economic, psychic and benefits.

The charter prohibits action that might pose a “threat” of injury or damage from environmental abuse and degradation of the ecological heritage. This is a positive duty to protect and conserve the environment. Protection can be sought where a “threat” exists and not necessarily damage.

The charter’s provisions are connected to other rights such as the right to life, the right to health and affirms the constitution’s premise, namely, the inherent dignity of all persons in a free and democratic society.

The Council takes note of the region’s key role in negotiating the landmark Escazu Agreement, the first multilateral instrument which was negotiated by governments in Latin America and the Caribbean. Caribbean countries which have ratified the treaty so far are Antigua and Barbuda, Guyana, St. Vincent and the Grenadines, St. Kitts and Nevis and St. Lucia. The Jamaican government and other Caribbean governments should do likewise.

The Escazu Agreement, if ratified, and observed holds possibilities for further environmental protection in that it considers in a comprehensive way development styles, the socioeconomic impact on society of failure to treat environment issues as the cornerstone of all sustainable development, the establishment of systems to constantly review environmental performance, providing information to communities on environmental matters, to include community participation in decision-making on environmental issues, and building community awareness and capacity around the environment.

Jamaica’s failure to ratify the Escazu Agreement deprives citizens access to an important legal instrument which would enable them to obtain information on pending developments and ensure meaningful participation from the onset.

Discussions at the international level expose the continued economic, systemic, and structural inequities between north and south countries affecting even the very funding for environmental conservation, preparedness, protection, resilience, and compensation. Attention should be focused on those who have contributed to the extreme levels of carbon emissions and taking account of pollution on a per capita basis. The developed world has not taken responsibility for their path of development which has led to the climate challenges faced by SIDS.

All laws touching the environment ought to be reviewed to integrate Charter standards in those laws along with procedures to bolster accessibility to the environmental rights. This should include the establishment of mechanisms and procedures where the public is informed of environmental hazards. Systems are needed that routinely provide information to citizens on any matter affecting the environment, for example, the level of particulate matter in the air we breathe.

Arlene Harrison Henry is the secretary of Independent Jamaican Council for Human Rights. Send feedback to arlharrisonhenry@hotmail.com