With Trinidad and Tobago on the cusp of another general election, the future of the republic seems secure and yet - there is a sense that maybe we have not achieved our constitutional potential. High on the list of missing buckets (Yep, did mangle the metaphor, but this is going to be a boring read so do look out for more) - To repeat high on the list of things we want for our democracy is ensuring the rights of individuals and organisations who seek to protect, preserve and wish to ensure wise and proper use of this nation’s natural assets.
Allowing that some of the politicians who do make it to government will have such “appreciations(sic)” it is huge and fanciful expectation that your select representative, however “green”, will go against the party line to save a forest, when there are highways to be built and deals lucrative or popular to make. But having the democracy in place is one thing: Having an intact democratic operation, one that caters to preserving the national space for posterity, is arguably the Only thing.
Which illuminates the questionable capacity of Trinidad and Tobago to serve environmental justice when our environmental rights are not clearly enshrined in law. Put yourself in the shoes of a person wronged while mulling this - for example, be the small home-owner living downriver of a large quarry set further upstream. Be the mother of pre-primary aged kids living next to that big contractor who likes to start his trucks in pre-dawn darkness five days a week. These examples demonstrate infringement of environmental rights. Whether the people in the examples can move on to exact justice though, is arguable. There being little chance the villagers can prove a direct link to a single pollutive culprit for the waterway or, mother being able to attribute baby’s loss of sleep time to a noisy neighbour.
The legislative framework of T&T, as pertains to the right to nature that is functional and an environment that is aesthetic and conducive to health is spearheaded by the Environmental Management Act (EM Act 2000). This has been amended over time, the most recent focusing on facilitating sustainable development in a changing environment, particularly due to climate change and technology.
Hold our two examples in mind: Prejudice against the individual (the small man) is possible, is not easily apparent and seems set to stay so indefinitely. Unless “the small man” begins to understand where her/his environmental rights begin, and what justice s/he is entitled to when those rights are trampled. Unfortunately, as history shows, the political elite put there by the voter at election time, is hardly keen to spearhead efficiencies to the regulatory system - probably because ‘government’ is a prime instigator of questionable development. But enough. Let’s drill down to see if we can better differentiate Rights from Justice.
Environmental rights are the fundamental human rights related to a healthy environment, while environmental justice focuses on ensuring fair treatment and meaningful involvement of all people in environmental decision-making and addressing environmental inequalities.
| Environmental rights: | Have primary focus on the inherent right of all individuals to a healthy environment and the protection of natural resources for present and future generations. |
| Logic: | The right to access environmental information, the right to participate in environmental decision-making, and the right to a remedy from environmental harm perpetrated by third party. |
| Environmental Justice: | Aims to address systemic inequalities and injustices related to the environment, promoting fair treatment and meaningful involvement of all people in environmental decision-making. |
| Logic: | Address environmental environmental abuse against people by class or colour, ensure access to clean water and safe housing in low-income communities, and prevent siting of pollutive industry in areas inhabited by marginalised parts of populations. |
Key differences outlined:
| Feature | Environmental Rights | Environmental Justice |
| Focus | Is on the individual’s right to a healthy environment | Addressing environmental inequalities and injustices |
| Scope | Is broad. Encompasses all aspects of the environment | Is specific. Focuses on the fair distribution of environmental risks and benefits |
| Approach | Is rights-based. Emphasises individual entitlements | Is justice-based, Emphasises fairness and equity |
| Goal | Protect the environment and ensure a healthy population | Address environmental inequalities and ensure fair treatment for all |
This post began with a brief and congratulatory nod to our democracy, highlighting the odds of new officeholders having ambition to protect our right to a pristine and healthy environment. We spoke too on lack of opportunity for redress should those rights get trampled. What now?
We recognise the next TT government will have lots to worry about, making concern over environmental rights and injustice seem trite or without consequence. Environment Tobago thinks not. The fabric of life needs a functional nature, quality of that life sucks when enjoyment is compromised. It follows that those who take up the task to run the country do it fairly, with supreme regard for nature, and for our right to enjoy it.
Author’s note. Our hope is to simultaneously lobby government and empower society on this topic. Trinidad and Tobago simply has to factor nature in its developmental path. Reader, if anything here resonates with you do contact Environment Tobago with comment or query. Feedback is valuable.