Wednesday, April 24, 2013

Viennese Journal 16.0: Our Statement on Environmental Crime from a Human Rights Perspective

At the end of the day on Tuesday, April 23, 2013 I had the honor of reading a statement we prepared on Environmental Crime from a Human Rights Perspective.

This is the statement:

Dear Mr. Chair

The Friends World Committee for Consultation (Quakers) has a concern for the health of the environment, and the impact of environmental crime on our fragile systems of life.

We are particularly concerned with the way environmental crimes disproportionately harm minorities, vulnerable communities, and indigenous peoples and jeopardize basic human rights.  Even when their voice is necessary to reach a just resolution of environmental crimes, vulnerable groups are likely to be excluded from justice processes and their rights and needs are not recognised.

We note that Article 29 of the United Nations Declaration of the Rights of Indigenous Peoples sets out the right to the protection of their environment without discrimination, and protection against the disposal of hazardous wastes without their free, prior and informed consent.

We believe restorative justice and reconciliation practices provide mechanisms for States to address these kinds of crimes. Restorative justice practices offer a participatory process that gives voice to vulnerable communities, and identifies and repairs the harm of environmental crime. States should employ restorative justice practices to set policy, enforce environmental laws, and shape responses to violations of environmental law.

As Quakers we believe that humankind must preserve the ecological integrity and the sacredness of the natural world. People must choose activities, create institutions, and establish policies and laws that respect all people and the planet we share.


 
The statement went through multiple draft stages and input and approval was received from a variety of prominent Quaker organizations around the world.  

In preparation for this moment, I learned a little about the history of the environmental justice movement and Quaker perspectives on environmental advocacy.

The term "environmental racism" can be traced to opposition to the placement of a PCB landfill in the poor and predominantly African American county of Warren, North Carolina in 1978. The Research Triangle Park was generating this toxic waste and needed to dispose of them. Warren County was identified as the site. Attorney Travis Payne and his firm challenged selection of the site as a civil rights violation, and the NAACP organized protests. When the first truckloads of contaminated soil arrived, demonstrators lay down in the road and there were over 500 arrests. Continued advocacy led to detoxification of landfill which was completed in 2003. The discriminatory placement of waste in poor and minority communities violates human rights and requires special attention.

I remembered that about ten years ago the youth in my Quaker Meeting (Durham Friends Meeting) wrote an alternative Query on the Environment for our consideration.  As Quakers we do not have creeds, doctrines, or required beliefs.  We do have a set of Queries or “Questions” we consider collectively and individually at least once a month at our Meeting for Worship with Attention to Business.

One of our traditional Queries is “Do we endeavor to live in harmony with nature?  Are we careful in our stewardship of the world's irreplaceable resources?

In 2002, the Youth in our Meeting revised the query as follows, “Do we sincerely seek to understand our place in the universe and our purpose here on earth?  Are we willing to make sacrifices and to ask others to join us in changing the things we use and the way we use them in order to preserve life everywhere?  Are we willing to persist gently in persuading others, not giving up, but being receptive to other's needs as we strive to establish lifestyles dedicated to the preservation of all life?  Are we open to the strength, the purpose, the joy, the desire within and beyond ourselves as a resource in truly living in and genuinely loving the world?

My own yearly Meeting, the North Carolina Yearly Meeting (Conservative), his published a journal on "Caring for Creation" with articles on  our spiritual relation to the enviornmental crisis. (http://www.ncymc.org/journal/ncymcjournal5.pdf ). EarthCare and the Great Commandments, By Lloyd Lee Wilson; Listening to the Earth, by Nan Bowles, and Reverence for God's Creation, by Charles Ansell. Lloyd Lee wrote in his article on EarthCare that

We humans can no longer act as if the rest of creation were a commodity: a pool of natural resources through which we can move once, use as we wish, and dispose of with abandon. The tragic consequences of this type of behavior are becoming all too clear to even the most skeptical of observers. Christians are given a radically different model and precept for living in and with creation, valuing creation as God’s beloved work, not as a potentially useful commodity. Christ has shown us the way to live out this new understanding: the servant. By thinking and acting as the Christian servant of all of creation, we carry out our role of being Christ’s hands and feet in this world, and do our part to restore and sustain the gospel order which has always been God’s intention for everything.

Other Quaker organizations have made important statements about the environment.  The Friends Committee on National Legislation (FCNL) has statement on the environment which is currently under consideration for revision and updating.

FCNL Statement on Earth Care:

The health of the earth's ecosystems and their ability to support life has been and is being seriously impaired by human activities. We deplore the pollution of the earth's land, water, and atmosphere; the decline in biodiversity and nonrenewable resources; and the increase in deforestation and desertification. The world is in the midst of a mass extinction of species, primarily human in cause.

We urge that national legislation promote ecologically sound and safe agricultural, extractive, industrial, and commercial enterprises. Ways must be found to meet the needs of human beings without doing violence to the rest of creation. Specifically we advocate that the U.S. government develop policies that encourage regional and international cooperation for solutions to environmental problems, including environmental standards in trade agreements that assure nations and local governments of their right to establish more stringent environmental protections and standards. (for more … (http://fcnl.org/about/govern/policy/earth_restored/ )

Quaker Earthcare witness (QEW)

Quaker Earthcare Witness (QEW) is a network of the Religious Society of Friends (Quakers) in North America and other like-minded people who are taking spirit-led action to address ecological and social crises from a spiritual perspective, emphasizing Quaker process and testimonies, including continuing revelation. The work of QEW includes:

·        Engaging and Connecting stems from a desire to create larger community in this action

·        Deepening Spirituality stems from a conviction and consciousness that the global crisis of ecological sustainability is at root a spiritual crisis.

·        Living our Testimonies stems from the need to change what we do and how we do it to get in right relationship with Earth.

·        Speaking Out to local, national and international audiences that Creation is to be held in reverence in its own right, and that human aspirations for peace and justice depend upon restoring Earth's ecological integrity.

Here is a statement from QEW regarding its vision:

WE ARE CALLED to live in right relationship with all Creation, recognizing that the entire world is interconnected and is a manifestation of God.

WE WORK to integrate into the beliefs and practices of the Religious Society of Friends the Truth that God's Creation is to be respected, protected, and held in reverence in its own right, and the Truth that human aspirations for peace and justice depend upon restoring the earth's ecological integrity.

WE PROMOTE these Truths by being patterns and examples, by communicating our message, and by providing spiritual and material support to those engaged in the compelling task of transforming our relationship to the earth.

For more information on QEW see (http://www.quakerearthcare.org/ )

The British Yearly Meeting has issued an important Minute 36 on sustainability and the Environment as follows:

“Sustainability is an urgent matter for our Quaker witness. It is rooted in Quaker testimony and must be integral to all we do corporately and individually.”

(A framework for action 2009-2014)

A concern for the Earth and the well-being of all who dwell in it is not new, and we have not now received new information which calls us to act. Rather we are renewing our commitment to a sense of the unity of creation which has always been part of Friends’ testimonies. Our actions have as yet been insufficient.

John Woolman’s words in 1772 sound as clearly to us now:

“The produce of the earth is a gift from our gracious creator to the inhabitants, and to impoverish the earth now to support outward greatness appears to be an injury to the succeeding age.” … see more (http://www.quaker.org.uk/minute-36)

With these values in mind, I learned about the framework of “Environmental Crime.”

There were multiple presentations on environmental crime and reports issued. One report, Emerging Crimes that have an Effect on the Environment: Scope, Trends and Links to Corruption and Organized Crime included some important analytical frameworks for discussion. (http://www.unodc.org/documents/commissions/CCPCJ_session22/PNI/2013_04_21_PNI_workshop_HEUNI.pdf )

In this report, environmental crime was defined as “violation of laws that are put into place to protect the environment. In the broad sense, environmental crime is understood to include all illegal acts that directly cause environmental harm.”  

The conceptual framework identifies five specific types of environmental crimes:


·        the dumping of industrial wastes into water bodies, and illicit trade in hazardous waste (examples: waste oils, nuclear waste, e-waste);

·        unreported, unregulated, and illegal fishing (examples: illegal whaling, illegal use of driftnets, fishing beyond quota);

·        the buying and selling of endangered species (examples: ivory, rhino horn, tiger bones, sturgeon eggs – basically many commodities with a high value, but with a low bulk, thus making smuggling relatively easy and highly profitable);

·        smuggling of ozone-depleting substances (related substances include chemicals, pesticides and persistent organic pollutants); and

·        illegal logging and trade in stolen timber.”


This paper identifies reasons why environment crimes remain unreported and un-measurable. It is a paradox that the most visible part of our world, ‘the environment’ can be “invisible.”


a)                 countries differ in the extent to which deliberate or negligent conduct harming the environment is illegal. Conduct that endangers the environment may be covered by criminal law, administrative law or civil law. What is met in one jurisdiction by penal sanctions may be met in another by administrative measures, and in a third by civil penalties;


b)                many environmental crimes remain undetected. For example, it is often difficult to distinguish between legal and illegal fishing, and the activity itself may take place far away from watching eyes;


c)                  lack of detection may also be due to the fact that the harm caused to the environment may be gradual (as with the slow despoliation of a river) or minute (as with the disappearance of individual parrots from the wild);


d)                the impact may be seen only far from the source (as is often the case with the dumping of industrial wastes), possibly across international borders, and it may be difficult to identify the source;


e)                 in the case of the dumping of industrial wastes, the definition of illegal conduct may depend on measurement, which in turn is prone to error (especially if the industry itself is responsible for self-monitoring and/or for record-keeping);


f)                  much environmental crime affects remote areas of developing countries (illegal logging, poaching of wildlife, dumping of hazardous waste), that are relatively unpopulated and where people may not be used to thinking in legal categories, and thus would not report the conduct;

g)                  even if the conduct is identified as illegal, people may be unaware of to whom the activity can be reported;

h)                the conduct may not be identified as illegal, but seen by the local population as a “necessary evil”, as a cost of employment and industrialization; and

i)                   many in the local population may be aware that the conduct is illegal, but they themselves benefit from it (as is often the case in respect of illegal fishing, illegal logging, and the buying and selling of endangered species).


Sometimes discussions about environment focus on the non-human living beings out of the context of human rights. Other times, we discuss human policies without considering the inter-relationship with the environment. What we must realize is that all of our human political, economic, and social activities are embedded in the fragile living system of life on our planet.  To survive we must begin to always think in terms of how these systems interrelate, and each decision must be understood in a holisitic way.

One part of this re-visualization of human and environment interconnectedness is to understand how environmental decisions impact human rights.

In March of 2013 the United Nations Independent Expert on human rights and environment, John Knox, highlighted the urgent need to clarify the human rights obligations linked to the enjoyment of a safe, clean, healthy and sustainable environment. Such clarification, he said, “is necessary in order for States and others to better understand what those obligations require and ensure that they are fully met, at every level from the local to the global.”

“Human rights and the environment are not only interrelated, they are also interdependent,” Mr. Knox noted during the presentation of his preliminary report* to the Human Rights Council. “A healthy environment is fundamentally important to the enjoyment of human rights, and the exercise of human rights is necessary for a healthy environment.”

“All human rights are vulnerable to environmental degradation, in that the full enjoyment of all human rights depends on a supportive environment,” underscored the Independent Expert.

The Quaker UN office (QUNO), issued a letter to Mr. Knox welcoming his report. QUNO welcomed the portions of the report mentioning the impact of environmental crimes on vulnerable indigenous peoples. QUNO asked (1) “Do you have any plans to consider the role that peacebuilding approaches can play in realizing procedural rights and therefore in helping to achieve both substantive rights and effective environmental policy? And, (2) have you considered looking at how groups such as small farmers, rural communities and marginalised sections of society, can effectively participate in consultation and decision-making processes that relate to their environment?”

These discussions led me to reflect on our environmental crisis and our legal system in ways that I have not before. It made me think of one of my favorite Quakers, John Woolman.  In the 18th Century, John Woolman worked for the abolition of slavery, and to have just and fair relationships with Native Americans. He viewed the world as a sacred space connected by relationships among human and non-human beings. He understood that a “right relationship” with nature, animals, work, rest, play, prayer, and other human beings was essential to a life in harmony with creation. Exploring this concept of “Right Relationship” more deeply, Peter Brown and Geoffrey Garver say “Right relationship provides a guiding ethic for people wishing to lead fulfilling lives as creative and integrated participants in a human society and the commonwealth of life as a whole. It is akin to what some would call "sustainability" though it goes much deeper. Right relationship offers a guidance system for functioning in harmony with scientific reality and enduring ethical traditions.” (Right Relationship: Building a Whole Earth Economy, by Peter G. Brown and Geoffrey Garver)

Striving to live in a right relationship with other people and our environment is challenging in a world that is so focused on short term, disconnected, self gratification. However, it is only in living in this relationship that we are free to be our true selves and experience to deepest love of God.

The idea of an “Environmental Crime” includes a fundamental disturbance to the right relationship with our shared planet.  It is a violation of that which gives and sustains life. It violates both human beings and non-human beings, and jeopardizes our continued existence. If we do not change our lifestyles radically and a collective way, we will experience a devastating punishment.

The idea of “Environmental Crime” also expands the legal framework to include non-human “victims.” It creates the problem of a multi-national jurisdictional problem. It bends our boxes and classifications which place human beings and nations at the center of the Universe. The very idea is constitutes a Copernican revolution, radically challenging our notions of national sovereignty and human primacy. Our only path to survival will require adaptation to this global reality that we are dependent upon our surroundings and we are connected to each other as a planet.  National boundaries will have to relax, people will have to take responsibility for each other and their environment. The alternative is extinction.

The discussions in the Plenary sessions on environmental crime mostly consisted of each state agreeing that it is a serious problem, and then summarizing all of their environmental laws addressing the problem. Both the problem, and its solutions were stuck in a box that will not lead to a right relationship.  But, the discussion itself is a radical and liberating act in that these people from all these countries at least understand that we need to be having global conversations over this global problem.

I nearly fell out of my chair when I heard the Chariman from South Africa say, “The Chair will now recognize the State of Palestine.”  Wow. I thought the earth might stop. But no one batted an eye, and we all understand that we can change.

After I read our statement to the plenary session, I rushed across town on the subway to the Musikverein to hear the Vienna Symphony play Holleger and Bruckner. The Musikverein is one of the best music halls in the world, acoustically speaking – even though it was built before high-tech acoustical measurements.




The Holleger was very modern and impressionistic. It was like he was writing a movie score to a movie that could never live up to his idea.  The Bruckner included a large chorale and four vocal soloists.  I felt chills every time the chorus sang together quietly – it was like a smoldering fire about to erupt into flame at any moment.

 

We joined our friend Oliver who is on the Quaker team for ice cream after, and made it home just before midnight. It was quite a day.

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