Monday, August 10, 2020

Environmental Impact Assessment (EIA) 2020: Why the draft is being opposed in India?

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Charvi Trivedi

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Environmental Impact Assessment (EIA) 2020: Why the draft is being opposed in India?

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Global Views 360

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August 10, 2020

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Representative image for environmental destruction

Representative image for environmental destruction | Source: Aryan Singh via Unsplash

The Ministry of Environment, Forest and Climate Change (MoEFCC) sent a shockwave through the country when it released the Environmental Impact Assessment 2020 draft notification on March 12, 2020, amending the 2006 version.

The EIA serves as a means for the industries to obtain environmental clearances for their projects. The proposed projects are brought in front of the concerned public to be discussed and debated. If the projects proposed by the industries disturb the ecology and people living in that particular area to a large extent, then the Government cannot give permission for the project to continue.

There are several things included, or excluded, in the 2020 version which have enraged environmentalists, nature lovers and numerous concerned citizens across India.

Firstly, it includes post-facto approval. This means that any factory which has already begun with construction, will get a clearance, irrespective of the environmental damage it has already caused. However, the owners of the concerned factory will have to pay a fine of a certain amount.

Secondly, the new draft notification is released only in Hindi and English. Considering the lingual diversity of India, the communities which are not fluent in either languages will not know what the notification is about. This will reduce transparency and the livelihoods of such communities might get demolished without any warning.

The 2006 notification made it mandatory for every company involved in a project to submit a report every six months, verifying that the company is working within the terms of the granted permission and not going overboard with the available resources. The 2020 draft has extended the timeline of report submission once in twelve months. Moreover, certain projects like expansion of highways and road construction through forests are exempted from getting clearances.

Himalayan foothills, Sikkim, India | Source: Flowcomm via Flickr

Such features of the 2020 draft violate norms of the Environmental Protection Act (EPA, 1986) and also indicate that the scales are tipping dangerously towards the big industries, at the cost of our planet’s health. Livid cries have erupted from the people, especially those living in North-Eastern India and foothills of the Himalayas.

Himalayan ecology is at the brink of fragility and it requires stringent monitoring laws, the opposite of what EIA 2020 offers. "The Himalayan region today is in the most vulnerable position with massive climate-induced disasters, increasing deforestation, loss of biodiversity etc. Amending environmental norms will accelerate the ecological crisis in the Himalayas" says Ravi Chopra, a renowned environmentalist from Dehradun.

Since the draft has not come out in regional languages, the Karnataka High Court restrained the government from publishing the final document till it was accessible to a wider audience.

Although the government extended the deadline from June 30 to August 11, 2020, for the general public to pool in their opinions through emails, it shut down three main online websites on which youngsters of this country protested against EIA 2020. “We reasonably have a clear basis, based on our correspondence as well as our technical analysis, that this was a domain seizure by the government of this website” says Apar Gupta, executive director of Internet Freedom Foundation (IFF).

The EIA 2020 amendment does not do justice to the fundamental principles of environmental impact assessment and is more focussed in easing the clearance for the industries than the protection of the environment.

Economic growth, no doubt is important, more so at this trying time. However we should also bear in mind the cost which is to be paid for it, sooner or later.

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February 4, 2021 4:54 PM

The story of reconciliation and development in the genocide hit Rwanda

The genocide and civil war had rendered hundreds of thousand of people homeless and in utter misery. If the Tutsi’s were the primary victims of genocide, the Hutu’s too suffer in the ensuing civil war when Paul Kagame led Rwandan Patriotic Front defeated the government forces and took over Rwanda.

When the genocide stopped by August 1994, the the suspected perpetrators of crime were hounded by the new government forces. Thousands of Hutus left the country and sought refuge in the neighbouring countries. The legal system of Rwanda was in shambles and the vengeance was taking precedence over the quest of justice. Over a hundred thousand suspected genocidaires were put in prison but could not be properly tried due to a strained judicial system.  

Things however started to change from the year 2000, when Paul Kagame became Rwanda’s President. The biggest challenge for him was to rebuild a society that is economically and socially stable. The socio-economic transformation of Rwanda under Kagame is an inspiring story of reconciliation based on acceptance, repentance and forgiveness, the very foundation on which the edifice of Rwanda's reconciliation is standing firmly today.

The first step towards reconciliation started in 2002 when Rwanda introduced the community-based dispute resolution mechanism, Gacaca to try the genocide related crimes. Gacaca was traditionally used in Rwanda to resolve minor disputes. In its new incarnation, the objectives included not only delivering justice, but also strengthening reconciliation, and revealing the truth about the genocide.  

In the Gacaca court the local community elected the judges who then tried the defendants  in front of members of the local community. These community members  were asked to share whatever they knewabout the the role of defendant during the genocide. Gacaca courts functioned extensively during 2005 to 2012 and processed almost two million cases in this duration.

Though Gacaca courts were criticised by many human right organisations for putting speed over fairness in trial, it undoubtedly resulted in giving the opportunity for some genocide survivors to learn what had happened to their relatives. It helped many families of survivors and perpetrators living side by side with peace and contentment in many reconciliation villages, after the ‘perpetrators’ confessed their crimes and expressed repentance.

Taking inspiration from The Truth and Reconciliation Commission” of South Africa, Rwanda established a “National Unity and Reconciliation Commission” in 1999 with an objective to reconcile and unite the Rwandan citizens. This process used four specific tools. (1) Ingandos - to bring normal activities to a standstill in order to reflect on, and find solutions to national challenges, (2) Organising reconciliation summits, (3) Creation of a leadership academy for developing a new set of grassroot leaders, and (4) Frequent exchanges and consultations at inter-community level.

All these efforts along with that of many non-governmental organisations helped to greatly heal the deep wound of sectarian violence in Rwanda. According to the report published by the National Unity and Reconciliation Commission of Rwanda in 2016, over 92% of Rwandans feel that reconciliation is happening.  

Alongside the reconciliation process, the government of Rwanda started spending on health, education and other civic infrastructure which has paid a good dividend in last two decades.

Government expenditure on healthcare facilities per person has gone up sixfold from just $21 in 1995 to $125 in 2014) which contributed to the increase in Life expectancy at birth by 32 years between 1990 and 2016 while  reducing the infant mortality by half since 2000.

The focus on the education sector resulted in almost three quarters of girls and two-thirds of boys now completing primary schooling while literacy rates of adult males and females increased to 75% and 68% respectively.

Rwanda now ranks 6th out 149 countries in the global gender gap index and a high proportion of front-line political positions, including 61% of the parliamentary seats are occupied by women. Rwandan women possess the right to inherit property and can also pass citizenship to their children.

The newfound peace, stability and reconciliation in Rwanda gave a boost to the country’s economy which saw per capita GDP growth from $200 to almost $800 between 1994 and 2017. In 2018 the GDP grew at  8.6% and the county rated the second-best place to do business in Africa.

Rwanda today is a shining example that a country with a long and painful history of violent sectarianism, can achieve great success, if it takes every section of the population along on a path of peace, unity and reconciliation.

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