Sometimes we forget that rights are things that are protected under the law. Sometimes we do not know what our rights are, so we never consider the legal option when faced with issues that just won’t sit well. In the sphere of environmental justice - a relatively new social cushion, citizens of Trinidad and Tobago are protected (some) by the Environmental Management Act (EM Act), Chapter 35:05 of 2000. The EM Act is legislation with the goal of ensuring protection, conservation, enhancement and wise use of the environment of Trinidad and Tobago.
Interestingly, the Act allows for use of the natural environment but perversely does not assure justice for the general population for wrongs committed by those who use it to benefit to the detriment of others - the natural environment lest we forget, is a gift of the commons.
The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly.
The mechanism placed to effect redress for people who do feel their rights have been compromised is the Environmental Commission, a special environmental court. This court deal with:
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Appeals from decisions or actions of the Environmental Management Authority (EMA) as specifically authorized under the EM Act;
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Applications for deferment of decisions by the EMA to undertake certain emergency response activities (under section 25 of the EM Act);
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Applications for deferment of designations by the EMA of “environmentally sensitive species” or “environmentally sensitive areas” (under section 41 of the EM Act);
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Applications by the EMA for the enforcement of any Consent Agreement or any final Administrative Order (under Section 67 of the EM Act);
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Administrative civil assessment (under section 66 of the EM Act);
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Appeals from the designation by the EMA of “environmentally sensitive areas” or “environmentally sensitive species” (under section 41 of the EM Act);
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Appeals from a decision of the EMA under section 36 of the EM Act to refuse to issue a certificate of environmental clearance or to grant such a certificate with conditions;
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Appeals from any determination by the EMA to disclose information or materials claimed as a trade secret or confidential business information (under section 23(3) of the EM Act);
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Complaints brought by persons pursuant to section 69 of the EM Act, otherwise known as Direct Private Party Actions; An appeal against an Administrative Order issued by the EMA (under section 65(2)(a) under the EM Act);
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An appeal where the EMA has failed to comply with the requirement for public participation (under section 28 of the EM Act);
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An appeal against a decision of the EMA to reject a claim under the Certificate of Environmental Clearance Rules, 2001 that information supplied in an application is a trade secret or confidential business information and should be excluded from the National Register of Certificates of Environmental Clearance;
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An appeal against a decision of the EMA under the Noise Pollution Control Rules, 2001 to:
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refuse to grant a variation;
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refuse to transfer a variation;
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refuse to renew a variation;
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revoke a variation;
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impose any conditions of a variation; or
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reject a claim that information supplied in an application is a trade secret or confidential business information and should be excluded from the Noise Variation Register.
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Such other matters as may be prescribed by or arise under the EM Act or any other written law where jurisdiction in the Commission is specifically provided for.
The gap which remains spans mundane and silent (and critically important) matters such as government backed/sponsored siltation, animal habitat encroachment and destruction of or poor management of irreplaceable and sensitive natural spaces, such as forests, marshland, lagoons and rivers. Within the bigger picture laws do exist with ambition built-in to cover environmental transgressions that abuses both people and animal rights.
The Aarhus Convention is a regional treaty on access to information, public participation, and access to justice in environmental matters in Europe. It is similar to the Escazú Agreement, which covers Latin America and the Caribbean. Trinidad and Tobago has not yet joined the Escazú Agreement which recognises the right to a healthy environment as a human right.
Here at Environment Tobago we (as well as so many other groups with a focus on T&T stewardship of nature) continually press government to do as other Latin American and Caribbean countries have done and join the Escazú Agreement to secure our population’s rights. Here’s one such plea