Download Centre for Environmental Rights

SUBMISSIONS ON SOUTH AFRICA’S
NEGOTIATING POSITION FOR COP21:
Climate change is an environmental
rights issue
Public hearings on climate change hosted by the
Portfolio Committee on Environmental Affairs
23 September 2015
Overview
1. South Africa’s negotiating position at COP 21 should give
effect to the Constitutional obligations as expressed in
section 24 of the Constitution, with special regard to
human health.
2. Taking adequate action to mitigate our contribution to
global warming is not only a matter of policy, but a
Constitutional obligation.
3. South Africa is currently making long-term decisions that
will make it impossible to meet even the proposed
targets.
4. For effective climate change mitigation, we need
transparent monitoring and reporting by emitters, and
effective compliance monitoring and enforcement.
1. Climate change & the right to a
healthy environment
• South Africa’s negotiating position at COP 21 should
give effect to the Constitutional obligations as
expressed in section 24 of the Constitution, with special
regard to human health
• SECTION 24: “Everyone has the right –
(a) to an environment that is not harmful to their health
or well-being; and
(b) to have the environment protected, for the benefit of
present and future generations, through reasonable
legislative and other measures…”
1. Climate change & the right to a
healthy environment (2)
• Industrial activities such as mining and coal-fired
power generation threaten human health.
• Taking steps to mitigate climate change and to
move away from fossil fuels can have enormous
health benefits, and strengthen government’s
efforts to realise section 24.
1. Climate change & the right to a
healthy environment (3)
• The Lancet Commission on Health and Climate
Change 2015 Report :
• “The central finding from the Commission’s work is that
tackling climate change could be the greatest global
health opportunity of the 21st century.”
• The Commission recommends that over the next 5
years, governments protect cardiovascular and
respiratory health by ensuring a rapid phase out of coal
from the global energy mix.
• “With an increase to 36% renewables in global final
energy consumption by 2030 (from 18% in 2010) … up to
$230 billion of external health costs annually [could be
avoided] by 2030.”
2. Mitigation is a Constitutional
obligation
• Taking adequate action to mitigate our contribution
to global warming is not only a matter of policy, but
a Constitutional obligation.
• Taking steps to guard against the harmful impacts
which climate change has on our environment and
human health is required by, inter alia:
• the Constitution of RSA, 1996; and
• the duty of care contained section 28 of the National
Environmental Management Act, 1998
Urgenda v the State of the Netherlands,
2015
• Case no C/09/456689 / HA ZA 13-1396, 24 June
2015 - The Hague District Court:
• Dutch government’s plans to cut emissions by just 1417% - compared to 1990 levels - by 2020 were unlawful,
given the scale of the threat posed by climate change
and the significant potential for damage to Dutch
citizens.
• Article 21 of the Dutch Constitution – Duty of Care
• The Court ordered the State to limit the joint volume of
Dutch annual greenhouse gas emissions, by at least 25%
at the end of 2020 compared to the level of the year
1990.
Urgenda v the State of the Netherlands,
2015
• “Since it is an established fact that the current global
emissions and reduction targets of the signatories to
the UN Climate Change Convention are insufficient to
realise the 2° target and therefore the chances of
dangerous climate change should be considered as very
high … the State is obliged to take measures in its own
territory to prevent dangerous climate change.”
• “Due to the severity of the consequences of climate
change and the great risk of hazardous climate change
occurring – without mitigating measures – the court
concludes that the State has a duty of care to take
mitigation measures. ”
2. Mitigation is a Constitutional
obligation (2)
• This case confirms that effective and adequate
climate change mitigation measures are not just a
matter of policy, or a matter to be negotiated with
GHG emitters, but in fact a legal – and
Constitutional - obligation on the state.
• Committing to targets that are lower than science
requires does not discharge the state’s
Constitutional duties to implement reduction
measures.
3. Decisions taken now must take
climate change into account
• South Africa is currently making decisions that will
make it impossible to meet even the proposed
targets to combat climate change.
• National Climate Change Response White Paper
(NCCRWP):
• “Government further recognises that an effective
response to climate change requires national policy to
ensure a coordinated, coherent, efficient and effective
response to the global challenge of climate change.”
(own underlining)
3. Decisions taken now must take
climate change into account (2)
• Proceeding with coal-based energy plans directly
contradicts the need for an effective response to
climate change.
• Coal-fired power generation is highly water-intensive
and impacts significantly on human health. Impacts of
climate change will exacerbate water scarcity and have
further impacts on human health.
• Ongoing investment in coal-fired power contradicts the
objectives of mitigation and adaptation contained in
national policy and SA’s negotiating position for COP21.
3. Decisions taken now must take
climate change into account (3)
• Upcoming Coal-fired Power Stations in SA:
• Medupi (4800MW); and
• Kusile (4800 MW)
• At least 9 Coal Baseload Independent Power
Producer Projects have applied for EIAs.
• 3 environmental authorisations already granted
(Thabametsi, Boikarabelo and Khanyisa)
PROJECTS UNDER THE COAL BASELOAD INDEPENDENT
POWER PRODUCER PROCUREMENT PROGRAMME
PROJECT
SIZE
LOCATION
THABAMETSI
1200MW
LEPHALALE, LIMPOPO
KIPOWER
600MW
DELMAS, MPUMALANGA
VEDANTA
600MW
LEPHALALE, LIMPOPO
TRANSALLOYS
150MW
EMALAHLENI, MPUMALANGA
UMBANI
600MW
KRIEL, MPUMALANGA
COLENSO
1050MW
COLENSO, KZN
WATERBERG POWER CO
600MW
LEPHALALE, LIMPOPO
BOIKARABELO
260MW
LEPHALALE, LIMPOPO
KHANYISA
450MW
EMALAHLENI, MPUMALANGA
3. Decisions taken now must take
climate change into account (4)
• SA is expressing international and domestic
commitments to fight climate change whilst
simultaneously adopting policies and making
decisions which defeat these objectives.
• Decisions about energy are being made with no
regard for Constitutional obligations:
• transparency;
• consultation with affected parties;
• the right to an environment that is not harmful to health
and well-being; and
• the rights of access to drinking water.
4. Transparent monitoring and
effective CM&E
• For effective climate change mitigation, we need
transparent monitoring and reporting by emitters, and
effective compliance monitoring and enforcement.
• Effective regulation of GHG emissions requires:
• Enforceable emission reductions;
• Transparent and effective monitoring and reporting by
emitters; and
• Effective compliance monitoring and reporting by regulators
• Draft National Greenhouse Gas Reporting Regulations
show little ambition for transparency of data on GHG
emissions.
Conclusion
• S24 of the Constitution requires SA to take
adequate steps to reduce GHG emissions, and to
adapt to climate change in a way that protects our
environmental rights.
• This is not a matter of policy, or negotiation, and
these obligations remain no matter what we
propose or what is agreed in Paris.
Conclusion (2)
To give effect to our Constitutional obligations, we need:
1. a comprehensive, transparent, consultative,
comparative evaluation of different energy options
and their implications for:
•
•
•
•
•
water resources;
human health;
costs to the state;
the distribution of costs and benefits; and
the probable return on energy invested
2. Decision-making that cannot compromise our future
ability to comply with section 24; and
Conclusion (3)
3. Proper regulation of GHG emissions:
• meaningful, clear obligations to reduce emissions;
• transparency within government and industry;
• strict, well-resourced compliance monitoring and
enforcement; and
• effective co-operative governance
We call on this Committee to ensure that
government complies with its Constitutional
obligations.
Thank you
Centre for Environmental Rights
Tel: 021 447 1647
Fax: 086 730 9098
Email: [email protected]
Web: www.cer.org.za