Go tell it to the birds: revisiting “the Agreement” of the COP21

Go tell it to the birds: revisiting “the Agreement” of the COP21
Madhu Ramnath

Slowly inside me
a thought has hardened
into a belief
world peace will never be nature’s
gift.

– Miya Shuji [1]
In lieu of an introduction

The suit, as we know it today, developed
in Europe as a professional ruling class
costume in the last third of the 19th century.
Almost anonymous as a uniform, it
was the first ruling class costume to
idealise purely sedentary power.

– John Berger, About Looking, 1980.

The COP21 that was held in Paris was an event that most people looked at with hope, expecting that something meaningful would emerge from the meeting of various heads of state, and that there would be some answers to global warming in terms of action. Considering that China closed off some of its cities due to sheer pollution, that even Delhi was ‘officially declared’ as one of the most polluted cities in the world, one expected that something serious would be done about it. To do something one needs to spell it out in simple ordinary language, a language everyone understands, which is the language of the heart, which recognizes, accepts, and may try to remedy. What actually happened was the formulation of another document, of some 32 pages of words that few people can decipher, let

alone understand and act upon, and this has been accepted as the answer to the looming issue of climate change. And nowhere in the document is there a recognition that climate change, sinking water tables, deforestation and even terrorism were all connected in some way or the other; that global resources were decreasing; that unless we look at the problem holistically we will remain where we are as a species.

In this paper I have attempted to trace a few global events between November 2015 and January 2016, – the period just preceding and following the gala event of COP21 – events that hint at the deeper intricacies in the mining world, like strife, massive environmental degradation, pollution of waters, and go to show that almost nothing has really changed in our attitudes to what is happening about global warming. The events chosen are only a small fraction of what is happening in so many parts of the world but we, in the age of the internet, can easily discover a thousand more of such ‘projects’ that bring in a lot of money and provide a lot of employment, for each one that I cite. I have juxtaposed some of the Articles and points of “the Agreement” with the news from around parts of the world to show that we continue to play with fire.

Language

Let’s begin with the language used in framing the document. Article 29 on page 32, announces that:

“The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.”

I read the lines of the Paris document in English, and even read between the lines, but could hardly grasp what the commitments were in concrete and immediate terms. The dictionary I normally used said that language was the method of human communication, either spoken or written, consisting of the use of words in an agreed way.[2] Either the dictionary was wrong or I completely missed the point about communication. Later I referred to another dictionary I use when I suspect somebody is fooling me and it said that Language, n., was the music with which we charm the serpents guarding another’s treasure.[3] It fitted perfectly!

Beginning

The Agreement begins with

Recognizing that climate change represents an urgent and potentially irreversible threat to human societies and the planet and thus requires the widest possible cooperation by all countries, and their participation in an effective and appropriate international response, with a view to accelerating the reduction of global greenhouse gas emissions,[4]

and emphazises

the enduring benefits of ambitious and early action, including major reductions in the cost of future mitigation and adaptation efforts,[5]………..

Yet, very soon, in fact within a month we read that:

“the Indian government is…. fine-tuning details to allow private companies to commercially mine the commodity in the country beginning in spring, for the first time in four decades. Coal secretary Anil Swarup told Reuters…… the government has already singled out the mines it plans to auction, and is now working on other terms, such as eligibility criteria for mining firms to take part and whether and how to set up revenue sharing.”[6]

I guess we all know by now that there is no such thing as clean coal. A little further down in the Agreement, the document

notes with concern that the estimated aggregate greenhouse gas emission levels in 2025 and 2030 resulting from the intended nationally determined contributions do not fall within least-cost 2 ˚C scenarios but rather lead to a projected level of 55 gigatonnes in 2030, and also notes that much greater emission reduction efforts will be required than those associated with the intended nationally determined contributions in order to hold the increase in the global average temperature to below 2 ˚C above pre-industrial levels by reducing emissions to 40 gigatonnes or to 1.5 ˚C above pre-industrial levels by reducing to a level to be identified in the special report referred to in paragraph 21 below;[7]

This is an honourable, clear cut, no nonsense, goal. But within a couple of weeks we hear that “ Australia’s federal government has formally approved a plan to build the world’s largest coal terminal at Abbot Point in northern Queensland, just 19 kilometers (12 miles) from the Great Barrier Reef. Environment Minister Greg Hunt said the project could go ahead, but only under strict conditions aimed at protecting the reef marine park from the 1.1 million cubic metres of sludge that will be dredged to create the port. Once finished, it will raise coal exports

from 50 million tonnes a year to 120 million tonnes, according to information on the project from a Queensland government website.”[8]

We are expected to believe that there will be no danger to the reef despite the size and the amount of sludge expected as the project will be implemented under strict conditions. This is the situation in a place listed as a world-heritage site; imagine what can happen to ordinary reefs and rainforests.

Stakeholders

For some strange reason, despite being a document catering to corporate needs, the Agreement invokes multiple stakeholders and acknowledges

that climate change is a common concern of humankind, Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity, [9]………

and notes

the importance of ensuring the integrity of all ecosystems, including oceans, and the protection of biodiversity, recognized by some cultures as Mother Earth, and noting the importance for some of the concept of “climate justice”, when taking action to address climate change,……..

Quite uncharacteristically, going beyond the clinical and insipid tone of the document, Mother Earth is invoked as proof that the indigenous people too are a part of the concern, that they are not forgotten even though, as usual, they are hardly represented in spirit. All over the world, much of the natural resources sought after, lie in lands inhabited by indigenous peoples: Borneo, central India, the Americas and Africa are prime examples. And much of the conflict in developing countries stem from disagreements about sharing these resources. We hear that in Australia….. “a traditional owner of the site of Australia’s largest proposed coalmine has alleged in court that Indian miner Adani misled a tribunal that cleared the way for the mine. Adrian Burragubba has asked the federal court to quash a decision by the native title tribunal that Adani’s Carmichael mine should go ahead over the objections of the Wangan and Jagalingou people because it was in the public interest. Burragubba’s barrister, David Yarrow, told a court hearing in Brisbane on Monday that the tribunal’s decision was invalid because it had been misled by Adani as to the economic benefits of the mine in Queensland’s Galilee basin. Yarrow said testimony by the company’s own expert in a separate land court case challenging the mine, including its likely creation of 1,200 jobs, differed significantly from the case Adani put to the tribunal, which referred to 7,000 jobs. He said Adani was obliged to produce information to the tribunal that was not misleading, but that the company “by choosing one expert over another, where there is a material difference between those expert reports, was relevantly misleading”.[10]

Unfortunately, it’s the same story, the justification for the plunder of resources being the creation of jobs and the revenue potential of a project. It is noteworthy that these numbers are always large, and with an implicit assumption that they are completely independent of the costs of environmental or social damage. As the latter are seldom quantified in terms of dollars they are easily left out. The same section of the Paris Agreement then goes on to affirm that

sustainable lifestyles and sustainable patterns of consumption and production, with developed country Parties taking the lead, play an important role in addressing climate change,[11]……….

But sustainable lifestyles are a long way off in South Africa where “ the mining industry is so far coping with the effects of the ‘Godzilla’ el Nino event causing a drought in large parts of South Africa, the potential for forced cuts still looms large. Peter Shepherd, principal hydrologist at consulting agency SRK, said he anticipated that platinum mines in the country’s North West province would “… begin to run short [of water] in the next year.” Sheperd said that many companies are already water-stressed and operations would face setbacks as mining is notorious for it’s water consumption and any cuts in water would limit production. “In its 2015 annual report released last month, Impala Platinum (Implats) flagged water shortages as one of the most critical issues the company faces and where interventions were needed. It noted that not only were persistently dry conditions experienced in the north-west where Implats operates, but there were also “municipal potable water supply problems”. The company stated that of the 39.7 million litres (Ml) used in the year till the end of March, 14.3Ml – 36% – was recycled, a vast increase on the 27% recycled in 2010. Exarro, who’s massive Grootgeluk[12] open-cast coal mine is based in the arid Waterberg in Limpopo, also maximises its use of recycled water and minimises its need to irrigate or ‘wash’ its coal.[13]

Heavy metal mining

Apart from coal, what is equally worrying is the mining of heavy metals such as coltan, an ore that has both niobium and tantalum, both used in steel production, niobium-based alloys and superconductors that serve in the manufacture of electronics and aircraft parts. Coltan mining is almost synonymous with human rights violations, especially in several African countries, and also a huge environmental problem. Other countries involved in the production of coltan are Australia, Brazil, Canada, Mozambique and the Democratic Republic of Congo. At present, “Brazil is currently the world’s largest producer of tantalum, supplying 180 tons of the world’s total 790 in 2011 (“USGS Minerals Information” 2012). However, at least half of the earth’s known coltan reserves are in the Democratic Republic of the Congo (DRC), one of the most politically unstable countries on earth (Gootnick 2008). In lieu of an established mining industry, most coltan in the DRC is ‘mined’ from stream beds by hand, in a process similar to the one used by prospectors during the American gold rush. A small team can collect around a kilo of coltan per day, worth anywhere from $150-$300; laborers can make up to $50 per week, an alluring prospect in a country where the average worker makes $10 a month (Redmond 2001). Unfortunately, the value of the mineral and the ease with which it can be extracted make it subject to systematic exploitation by the militia groups of Rwanda, Uganda and Burundi. To maintain control of mining operations, these organizations have conducted years of systematic brutality, raping, murdering, and committing other atrocities in order to keep local populations terrified (2010). Additionally, the uncontrolled, unregulated mining erodes the land and pollutes waterways, and miners have been killing critically-endangered gorilla species and destroying their habitats (Redmond 2001).”[14]

Africa is viewed by many developed countries as a place ‘of easy deals’. Global demand for various commodities is now focused in Africa, the magical word for agreements being ‘growth’. The SMEC (Snowy Mountains Engineering Company) based in Melbourne, having an international footprint as far as infrastructure projects go, with some human rights violations especially in Myanmar. [15] The Karli-KunHing peoples are the latest in voicing their disagreement through an open letter to the company. Further, the SMEC “has an extensive presence in Africa, with 1 000 employees in South Africa and a further 450 in the rest of Africa. Its involvement extends mainly to NPI (Non Process Infrastructure) projects, including power, water, roads, bridges, urban development and geotechnical work.

“Our clients are typically governments or global institutions such as the World Bank. We focus on engineering and engineering supervision, feeding into most operating models, from EPCM (engineering, procurement and construction management) to EPC (engineering, procurement and construction,” Gerrit Lok, general manager, resources, says. “Important factors in attracting more foreign investment and the attention of global mining players is to provide a competitive, secure business environment where predictable business outcomes can translate into long-term sustainable growth.”[16]

The lure of heavy metal and their mining often goes unnoticed; they are not as obvious as coal, are carried out in smaller areas, involves very high-profile companies and has the explicit protection of the state. For instance the heavy minerals company, Trimex Sands Pvt. Ltd., a subsidiary of the Dubai based Trimex Group, has recently signed two MoUs in Andhra Pradesh. “The projects involve an estimated investment of Rs 2,500 crore and will generate 5,500 direct and indirect jobs,” it said in a statement. [17] The MoU was signed between Chandrababu Naidu, Chief Minister of AP and the MD of the Trimex Group, Pradeep Konneru in January 2016. Trimex has now an approval to mine beach sand minerals like ilmenite, rutile, zircon, garnet and sillimanite over an area of 17.88 sqkms. This goes hand in hand with allegations of trespassing into disputed lands as the lands were leased out to another mining operator. But what is more worrying is the use of heavy machinery in deep sand mining which are against the norms of both the MoEF and the CRZ; the use of flood lights and the mining cause a lot of damage to the sea life and the coastal environment. Yet, perhaps due to the large amounts of money and the high-profile actors involved, the Department of Mines and Geology is yet to take action.[18]

Coal and country

With mining and investments no longer being a national venture alone – nor are most large companies bound by international borders – one tends to wonder what the document means when it says that adaptation efforts should be country-driven. If an Indian company mines coal in Australia, whose responsibility is it to see that the mining company mines sustainably (sustainable mining being an oxymoron in any case)? Or may the Indian company cut corners elsewhere but stick to norms at home? Or are they allowed to do as they please at home and bound by laws abroad? Going by the actions of one of the largest coal mining companies, Adani Pvt Ltd., the world seems to be the playground. The COP 21 may as well have been a joke as the news that follows was flashed even while the Paris talks were going on! Though Article 5 (5 and 6) state that

Parties acknowledge that adaptation action should follow a country-driven, gender-responsive, participatory and fully transparent approach, taking into consideration vulnerable groups, communities and ecosystems, and should be based on and guided by the best available science and, as appropriate, traditional knowledge, knowledge of indigenous peoples and local knowledge systems, with a view to integrating adaptation into relevant socioeconomic and environmental policies and actions, where appropriate.

and

Parties recognize the importance of support for and international cooperation on adaptation efforts and the importance of taking into account the needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change.[19]

While the COP21 deliberations were in progress there was news that……..“Fed-up with relentless opposition to its $15bn (A$16.5bn) Carmichael Coal mine and rail project in Australia, Indian mining giant Adani is asking authorities to stop entertaining objections to the mine. The move comes as the approval of the project, already 18 months behind schedule because of green groups concerns, is facing a new legal challenge in a federal court, filed last month by the Australian Conservation Foundation. What the group wants, The Economic Times reports, is a special law banning activists from seeking judicial review of environmental approvals already granted by the Australian authorities. “You cannot continuously challenge the project,” chairman Gautam Adani was quoted as saying. He added that the company needed an indisputable and final go-ahead for the project, considered Australia’s largest thermal coal project ever. According to official estimations Carmichael will contribute $2.97bn each year to Queensland’s economy and has the potential to create 6,400 new jobs: around 2,500 construction positions and 3,900 operational posts. Based on those projections, Adani argues that the project is “very important” for both India and Australia. “It’s the world’s largest coal reserve and it will provide electricity to a minimum 100 million people for 100 years,” Gautam Adani said.[20]”

Again, we notice the obsession with large numbers to justify the project. 100 million people, 100 years, 2.97 billion dollars, 6400 jobs………That anyone can entertain arguments that assure production for such a long stretch of time – when most infrastructure projects begin showing their cracks after a couple of decades – is audacious or plain stupid. One assumes that God has stopped playing dice! According to a Green Peace report,[21] at least 30 % of all CO2 emissions are a result of coal which is used to produce 40% of the world’s power.

More about coal

The Agreement recognizes that adequate financial resources are required to put in place policy changes and create incentives to reduce emissions

from deforestation and forest degradation, and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks; as well as alternative policy approaches, such as joint mitigation and adaptation approaches for the integral and sustainable management of forests; while reaffirming the importance of non-carbon benefits associated with such approaches; encouraging the coordination of support from, inter alia, public and private, bilateral and multilateral sources, such as the Green Climate Fund, and alternative sources in accordance with relevant decisions by the Conference of the Parties;[22]

Coal beneficiation is a process by which the quality of raw coal is improved by reducing the other material that gets attached to the mined coal or/and reducing the associated ash, usually causing environmental problems in the area. While the Paris Agreement was talking about the problems of emissions from coal burning in South Africa coal beneficiation got a significant “boost with the acquisition and development of a coal beneficiation hub in the eMalahleni district in Mpumalanga. Lurco Group and Burgh Group Holdings concluded a sale and purchase agreement (“SPA”) for Lurco & Burgh to acquire the Inyanda Colliery (including the mining rights, assets and a private rail siding) from Exxaro Coal with the distinct purpose of enabling coal beneficiation for Eskom energy generation and international export.”[23] Again, the numbers quoted are big: there is talk of 25 million tonnes, for local consumption and export over the coming 5 years; and of course, it will create employment.

The automobile industry

Connected closely with coal, in terms of carbon emissions is the automobile industry. And linked to this is the group of platinum and palladium metals, both used in vehicles; platinum is used in diesel vehicles to treat emissions and palladium is used in gasoline vehicles to scrub emissions.[24]  In the US the automobile industry saw a 15 year high with more than 17 million units sold; China saw sales of 21 million cars moving out of the lots with a 7% increase in sales from the previous year, and expects a similar increase in 2016. In Europe the sales have increased by 9% on the continent, with the UK showing a 6% rise.

India can definitely not be far behind such optimism! The chief executive of the ICICI, Chandana Kochar has assured us that demands for home loans and car loans are strong; and that the government’s measures to increase production of coal and iron ore have been positive, which will lead to a higher demand for commercial trucks. All these thoughts, discussions and interviews (as in this case) were going on simultaneously as the unfolding of the Paris event.[25] There is not even a pretence of taking the COP 21 and its concerns as if it is relevant to every country and that some countries may

choose to pursue voluntary cooperation in the implementation of their nationally determined contributions to allow for higher ambition in their mitigation and adaptation actions and to promote sustainable development and environmental integrity.[26]

Industry performance for the 2014-15 shows a production of  23,366,246 vehicles including passenger vehicles, commercial vehicles, three wheelers and two wheelers, an increase 8.68 % from the same period the previous year.[27] Most kinds of vehicles, including two-wheelers and three-wheelers, have registered a rise in the domestic market; exports have risen by almost 15% in the same period. The three countries that threaten to topple the world order by being obsessed with their growth – India, China and Brazil – continue to dominate the automobile market. India is now the 5th largest vehicle market by volume, surpassing Brazil; China continues to dominate.[28] In December, while the Paris talks had concluded with its ambitious plans, 172,671 units of vehicles were sold, an increase of 12.87 % from the previous year! Apparently the discounts given due to the various festivals in November and December were part of the cause.[29]

Even in Europe the situation is only marginally better as far as car pollution rules are concerned. It was reported in Brussels that the “European Parliament delayed ……. a vote to block new car pollution testing rules for being too lax amid opposition from the body’s two biggest groups, who said they were concerned the objection could postpone stricter rules even longer.” [30] So much for the statement in the Agreement that says that

Parties shall account for their nationally determined contributions. In accounting for anthropogenic emissions and removals corresponding to their nationally determined contributions, Parties shall promote environmental integrity, transparency, accuracy, completeness, comparability and consistency, and ensure the avoidance of double counting, in accordance with guidance adopted by the Conference of the Parties serving as the meeting of the Parties to the Paris Agreement.[31]

Conclusion

Today, the history of the planet has
finally become one indivisible whole, but
it is war, ambulant and everlasting war,
that embodies and guarantees this
long-desired unity of mankind. Unity of
mankind means: No escape for anyone
anywhere.

Milan Kundera, The Art of the Novel, 1968.

It doesn’t require much imagination to realize that the COP21 held in Paris was another event for heads of states and other leaders to meet and discuss grave matters while in their countries business continued as usual, at the very least, or, with even more vigour. The gentlemen who ponder about the efforts to keep mankind away from the precipice need only look around at the kind of agreements and MoUs signed in their own countries between November 2015 and January 2016 to realize that nothing has changed – except perhaps the climate!

We know that the French serve excellent wine!

——————————————————————————————————-

[1] from Modern Japanese Tanka: Makoto Uede, Columbia University Press, 1996.

[2] Oxford Dictionary, Revised and Updated, Oxford University Press, UK, 2003
[3] Bierce, Ambrose: The Enlarged Devil’s Dictionary, Penguin Classics, 2001
[4] Page 1
[5] ibid
[6] January 8, 2016 (http://www.mining.com/india-to-end-decades-old-state-monopoly-on-coal-mining/)
[7] Page 3
[8] December 22, 2015 (http://www.mining.com/australia-oks-vast-coal-port-expansion-near-great-barrier-reef/)
[9] Page 21
[10] Page 21
[11] ‘grootgeluk’ is an Afrikaans word that means ‘great happiness’; one wonders for whom!
[12] 6 November 2015 (http://www.miningmx.com/page/news/markets/1655376-Platinum-mines-may-run-short-of-water-in-2016#.VpYl2k-GOGZ)
[13] November 23, 2015 (http://www.theguardian.com/australia-news/2015/nov/23/traditional-land-owner-tells-court-adani-misled-tribunal-over-mines-benefits)
[14]  (http://web.mit.edu/12.000/www/m2016/finalwebsite/problems/humanrights.html)
[15] (http://www.shanhumanrights.org/index.php/news-updates/226-open-letter-to-smec-by-karli-kunhing-people)
[16] November 24, 2015 (http://www.miningne.ws/2015/11/24/african-mining-industry-has-strong-potential-for-long-term-growth/)
[17] January 11, 2016. (http://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/trimex-inks-mous-worth-rs-2500-crore-with-andhra-pradesh/articleshow/50538137.cms)
[18] September 3, 2015 (http://metroindia.com/news/article/03/09/2015/trimex-guilty-of-trespass/13506)
[19] Page 25
[20] December 7, 2015 (http://www.mining.com/adani-wants-opposition-to-its-coal-mine-in-australia-to-be-over-by-law/)
[21]  (http://www.greenpeace.org/international/en/campaigns/climate-change/coal/)
[22] Page 8, Section on Finance
[23] December 8, 2015 (http://www.miningne.ws/2015/12/08/significant-boost-for-coal-beneficiation-through-spa-by-lurco-burgh-and-exxaro/)
[24] January 12, 2016 (http://www.mining.com/platinum-palladium-prices-tank/)
[25] 25 January 2016 (http://economictimes.indiatimes.com/news/economy/policy/wef-2016-economy-on-mend-many-sectors-growing-demand-for-home-car-loans-strong-says-chanda-kochhar/articleshow/50710891.cms)
[26] Article 6, 1
[27] (http://www.siamindia.com/news.aspx?mpgid=53&pgidtrail=77&ns=national)
[28] January 13, 2016 (http://www.livemint.com/Industry/bulpIdEod7tk9HTftdo9bL/At-764-growth-India-fastest-growing-passenger-car-market.html)
[29] January 12, 2016 (http://paper.livemint.com/epaper/showarticle.aspx?&article=fec1c1dc-6ed1-4f10-b99d-ef3642c81e5d&viewmode=2&page=3)
[30] 14 January 2016 (http://economictimes.indiatimes.com/news/international/world-news/eu-parliament-delays-vote-on-car-pollution-limits/articleshow/50578754.cms)
[31] Article 4, 13