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This presentation discusses the legal framework and constitutional rights related to climate change response. It explores the concept of Earth Jurisprudence and the Rights of Nature, and proposes redefining economic growth and prioritizing adaptation to climate change.
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Presentation NATIONAL CLIMATE CHANGE RESPONSE WHITE PAPER • Port Folio Committees: • Water And Environment • Climate change 2nd November 2011
NEW JURISPRUDENCE For Earth The language of the law is used to define how people ought to act in relation to one another , and the consequences if anyone does not respect the terms of the legal relationships The very language that the law uses is colored by the world view of the homosphere – Man only sound like Whites only - “When we use the term “Rights” we mean the freedom of humans to fulfill their duties , Responsibilities and essential nature and by analogy , the principle that other natural Entities are entitled to fulfill their role within the Earth Community.” Proposals made to the UNHCR to adopt the “Rights of Nature” by 55 countries At the UN plenary of 24th December 2010 Indigenous People’s Rights adopted October 2010 by all Nations , not enforced In the South African Law practice – Infringement to our International signatory duty.
LEGAL FRAMEWORK & CONSTITUTIONAL RIGHTS Article 24 of the SA Constitution says: • Environment • Everyone has the right • to an environment that is not harmful to their health or well-being; and • to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that • prevent pollution and ecological degradation; • promote conservation; and • secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development Bolivarian states of Ecuador and Bolivia have entrenched the Rights of Nature In their constitution – works with Cormac Cullinan – South African environmental Lawyer.
Fundamental economics based on sustainability • We are inspired by an economic model which has now proven its global failure at all levels of functioning: • Environment • Social • Financial • Health • Spiritual • PROPOSALS: • Redefinition of the principle of economic growth • Reassessment of the evaluative measuring of economy through GDP, only based on Trade and Capital – • Assets such as the Commons, Waste, Water and other are not included. Creation of a SOLIDARITY ECONOMY based on rewarding cooperation and care and give value to morality and ethos Eg. Corruption laws must be equally penalizing Corruptee and Corruptor Eg. Creation of a “Tobin” Tax on all financial transactions towards mitigation and adaptation to Climate Change fund.
ADAPTATION TO CLIMATE CHANGE A PRIORITY (1) Mitigation is not in the hands of those who are the victims of GHG’s No impact on the polluters which are driving the climate change agendas We should not focus on what is not working, rather focus on what works. Behavioral change and mindset transformation What we do for people, without people is against the people Innovation and creativity is the essence of evolution Adapt or die – PW Botha – 1989 new apartheid – discrimination against Nature Leadership is essential : Walk the talk
ADAPTATION TO CLIMATE CHANGE A PRIORITY (2) Local Economic Development - COGTA - Focus on municipalities – SALGA CDM desks in all municipalities as a national standard practice -COGTA Organic Production and Agroecology can drive adaptation in land based activities Outstanding work done in 7 sectors – Programmatic and bundling of projects Integrated value chains – technology due diligence - community driven - BoP
AGRICULTURE Today , agriculture is agri-business – dominant and monopoly Statement: 550 million small scale “agro-ecology” growers are feeding silently and effectively 2/3 world population, when 10-000 agri-business giants are failing to feed the other 1/3. SA commercial farmers debt is averaging 65% of capital mainly due to costs of chemical inputs, machinery and transport. Recalculation of the 14% CO2 emission allocation to agriculture – Consolidated will be in excess than 30% - Vital focus on Climate Smart Agriculture
MAINSTREAMING AGROECOLOGY OSSIC-SAOSO as a National Solution to both climate change and food security, safety and sovereignty Climate Smart agriculture should be normalised and standardised to be aligned on Organic Production and Agroecology Practices – OPAP, which is the only land management methodology which is 100% carbon negative and comprehensively sustainable Creation of a National Flagship project in the Climate Change response WP Already in place within the People Public Private Partnership between SAOSO and DAFF, RDLR and the Dti.
The MIRACLE and the SECRET Change in the water retention capacity of soils (L/Ha) as the organic carbon levels (OC) at 30 cm depth vary (soil density 1.2 g/cm3) As we increase carbon levels, you will find Enormous gains in water retention, With high carbon sinkage facilities, Hence, high Carbon revenues in the CDM
METHODOLOGY: • Municipality manufacture high Quality Compost out of Bio – waste • Municipality partners with agri-cooperatives • Municipality and Cooperatives enter a CDM project • Shared profits for both Conditions: • The Municipality must open a CDM desk to register as an registered CDM project • For each ton of compost used and spread over the field, it is accounted for Carbon Credits
ADAPTATION TO CLIMATE CHANGE Compost is made at the Soil Fertility Park of the City of Tshwane Biomass (carbon matter) entering the site is accurately measured (35 000 tonnes monthly) The compost manufacturing process is closely monitored (component proportions) The compost consisting mainly in organic matter replaces Chemical Fertilizers (NO2) The replacement of GHG emitters such as chemical fertilizers is MITIGATION Through prevention of Carbon Emissions The introduction of organic matter in the soil is carbon sinkage and is ADAPTATION • This methodology is the most effective of the solutions • for both mitigation and adaptation to climate change • And to: • Ensure food security (yields of OPAP are superior to conventional agriculture) • Use the concept of Good Food Good Mood – (effect of organic food on health) • OPAP methodology requires 5 more jobs per hectare that mechanized monoculture • Provides low risk farming through rotational and companion cropping methods