Featured Articles

Latest Post

Why are governments promoting transformation of nutrients into pollutants

Written By mediavigil on Monday, January 06, 2025 | 5:43 AM

Indian soil is battling a silent and losing war. The emphasis on chemical fertilisers during the green revolution and exclusion of parameters like organic matter, carbon, soil structure and water retention capacity has led to severe soil degradation and reduced productivity. A conference on “India’s Soils: Science Policy-Practice Interfaces for Sustainable Futures” was held at IIT Delhi which brought together scientists, policy makers and practitioners and helped develop the 3M framework which recognises organic Matter, soil Microbes and soil Moisture retention capacity as the three pillars of restoring soil health. It called upon the sciences to acknowledge that soils are a living entity and to revitalize disciplines such as soil biology and soil physics. It recognised the invaluable knowledge of practitioners in restoring soils and the need to incorporate their knowledge into the policy making process. It also argued that soil health is a public good, and it must be addressed systemically at the agroecological level along with supporting farmers at the farm level. 

Gopal Krishna from ToxicsWatch Alliance (TWA), talked about larger impact of wastes on soil quality. Interestingly enough, much of technological inputs in waste management process have actually produced another set of non-recyclable wastes. Therefore, waste management as a process has to be addressed through its inter-connectedness with soil, food production and consumption, and health too. Policies should cater to increasing proportion of organic matter in waste composition rather than heavy metal. He points out to the fact of inherent contradiction within policies catered to waste management by Indian state. On one hand, it does argue for more organic waste; on the other hand, the recent data shows there is only 28-30% of organic matter and 78.9% of heavy metal in waste composition. The larger goal has to do with waste minimization instead of waste maximization. 

In other words, policies should address in increasing the content of organic waste in overall waste composition. One should also address concerns around burning of waste, because it automatically generates another set of toxic waste. Usually, the burning does happen when those category wastes do not get decomposed naturally. The idea of recyclable waste can happen only through farmers’ own knowledge about sustainable use of waste. For more details, visit www.soilsconference2017.com.

Self immolation attempt in protest against transfer of waste of UCC from Bhopal factory to Pithampur amid fear of repeat of Bhopal disaster

Written By mediavigil on Friday, January 03, 2025 | 6:38 AM

World's deadliest hazardous chemical waste from Bhopal factory is reached Pithampur, Madhya Pradesh (MP)

Self immolation attempt has been made in protest against transfer of toxic waste of Union Carbide Corporation (UCC)' Bhopal factory to Pithampur near Indore, Madhya Pradesh (MP) fearing repeat of Bhopal disaster. Notably, 12 trucks carrying 337 tonnes of toxic waste out of over over 12 lakh metric tonnes from the UCC factory stored for 40 years left for Pithampur near Indore under heavy security reached there on January 2, 2025 amid bitter protest. Former employees of the UCC's plant have shared the list of toxic substances in the factory premises. These include: 1 Ortho dichlorobenzene, 2 Carbon tetrachloride, 3 Chloroform, 4 Methyl Chloride, 5 Methanol, 6 Mercury, 7 Sevin, 8 Alpha Naphthol etc. UCC's chemical plant dealt with a multitude of organic compounds to manufacture the pesticide carbaryl (Sevin). Phosgene and Monomethyl amine (MMA) were the main raw materials involved in the process of manufacturing Methyl iso-cyanate (MIC), which in turn was used in combination with excess alpha-naphthol to produce Sevin. By-products like chloroform,carbon tetrachloride, MMA, ammonium chloride, dimethyl urea were all collected and recycled back to the process. Toxic substances stored inappropriately inside the UCC's plant site entered the soil and the ground water aquifer. The 1996 study of Indian Institute of Chemical Technology, Hyderabad had shown the presence of Heavy metals(Cadmium, Chromium, Copper, Lead, Manganese Nickel and Zinc) in wastes dumped within the factory. Naphthol and other volatile organic matter were also detected in the same waste. Leaching from these wastes was not ruled out.
 
The history of the incineration technology which Ramky company is using for incinerating the UCC's hazardous waste does not inspire confidence. It had proposed a hazardous waste incineration plant in the river bed of Sone river in Koilwar, Bhojpur, Bihar, which has been stopped because of resistance from villagers. Notably, Sone river originates near Amarkantak plateau in MP and debouches in the river Ganga near Patna, Bihar. 
 
A incineration technology based ‘proposed 3,000 tonnes of untreated waste to Energy Project (30 MW)" of  Jindal Urban Waste Management (Bawana) Limited to burn  generated daily faced bitter protest in Bawana, Delhi during  the public hearing on December 27, 2024. Significantly, a probe by New York Times (NYT) disclosed that heavy metal concentration at Jindal's waste-to-energy plant in Okhla, Delhi was up to 19 times higher than the guidelines of US Environmental Protection Agency’s (EPA). It had tested air and soil samples from the site of the Chinese incineration/boiler technology based factory. The hazardous substances which were detected diseases like Parkinson’s disease, fetal problems, brain developmental disorders and bone, kidney and heart disease. Notably, internal government reports have recorded the plant pumped as much as 10 times the legally permissible amount of dioxins which was used as Agent Orange, a chemical weapon by the U.S. military against Vietnam. Now both US and Vietnam are doing joint study because US soldiers were also exposed to Dioxins while dumping it on the people of Vietnam. NYT had collected about 150 air and soil samples over a five-year period, from 2019 through 2023 and worked with scientists at Johns Hopkins University, who analyze the samples and drew the inference.

This development is a corroboration of Wikileaks disclosure of Kissinger Cables which revealed how Government of India bowed to US government's pressure to serve the interests of UCC and Dow Chemical Company in Bhopal. Initially, Indian government had demanded a compensation of $ 3 billion from UCC but abruptly agreed to the settlement with $ 470 million. 

The movement of these trucks appear to be linked to similar pressure in the aftermath of the historic 10th session of negotiations for a UN treaty to hold transnational corporations (TNCs) accountable for their human rights violations (Binding Treaty) concluded on December 20, 2024 in Geneva, Switzerland. 

On behalf of "TNC Lobby”, the representative of the International Organization of Employers has threatened Global South governments with divestment. The negotiations focused on the proposed Binding Treaty’s ability to hold TNCs liable throughout their value chains and make them subordinate to people's will.

The December 3, 2024 order of the Madhya Pradesh High Court observed:“We have perused the various orders passed by this Court on 30.03.2005, 13.05.2005, and 23.06.2005 and thereafter the recently passed order dated 11.09.2024. Though some steps have been taken but they are minimal and cannot be appreciated for the reasons that the present petition is of the year 2004 and almost 20 years have elapsed but the respondents are at first stage…” It added, "This is a really sorry state of affairs because the removal of toxic waste from the plant site, decommissioning the MIC [Methyl isocyanate] and Sevin plants and removal of contaminants that have spread in the surrounding soil and groundwater are of the paramount requirement for the safety of the general public of Bhopal city. Incidentally, the MIC gas disaster at Bhopal took place this very date, exactly 40 years ago.”  The Court concluded: "In view of the above, we hereby direct that the Principal Secretary, Bhopal Gas Tragedy Relief and Rehabilitation Department to perform its statutory obligations and duties under the environmental laws of this country. We further direct immediate clean-up of the Union Carbide Factory site at Bhopal and to take all remedial measures for removal and safe disposal of the entire toxic waste/material from the area concerned.”

The High Court's order must be read with Supreme Court's order dated May 4, 1989 which reads: “We should make it clear if any material is placed before this court from which a reasonable inference is possible that the Union Carbide Corporation had, at any time earlier, offered to pay any sum higher than an out-right down payment of US $470 million, this court would straightway initiate suo motu action requiring the concerned parties to show cause why the Order dated February 14, 1989 should not be set aside and the parties relegated to their respective original positions.”  

Post settlement, a 5-judge Supreme Court's Constitution bench held on May 4, 1989 that it was informed that the figure of USD 470 million dollars was for 1,02,000 injured and 3,000 dead persons. Significantly, this figure of injured and dead came on record for the first time. 

Notably, in 2010, Indian government estimated the additional compensation amount for victims of the disaster to be over 7,800 crore rupees because the number found to be injured and dead is over 5,73,000, which is more than the estimated number on which the settlement was based. 

In a classic case of double standard, Dow has accepted the asbestos related liability of UCC and has set up a $ 2.2 billion compensation fund in the USA but it has refused to accept it's liability for the disaster, environmental health pollution, it's hazardous waste in Bhopal, India.  

This is not the first instance of double standard. The same double standards were adopted when one set of safety standards was deployed at UCC's Institute Plant in West Virginia, USA but a different set of safety standards, manuals and operating procedures at UCC’s Bhopal plant. 

Now no one knows why Madhya Pradesh govt hiding report of Justice Shanti Lal Kochar headed Union Carbide Poisonous Gas Leak Investigation Commission? No one knows why UCC has not disclosed the composition of the gas which leaked on December 2, 1984? Unless Commission's report is tabled in the Madhya Pradesh Assembly with Action Taken Report, no assurance of government officials can be deemed trustworthy. It cannot be forgotten that admittedly, Arjun Singh, the Chief Minister of MP ran away from Bhopal to save himself from  the toxic emissions of the UCC's factory unmindful of the plight of the victims of the disaster. Given the fact that MP ministers and officials who are residents of Bhopal did not wish to endanger themselves, similar situation has emerged now.
 
Dr. Gopal Krishna

The author's doctoral thesis is on industrial disaster of Bhopal.

Historic UN treaty to regulate transnational corporations is on the horizon

Written By mediavigil on Tuesday, December 17, 2024 | 9:29 PM

In the backdrop of Paris Agreement's failure to address climate crisis due to resistance from. Commercial czars, the 10th session of the historic negotiations to regulate transnational corporations and other enterprises are underway in Geneva, Switzerland, at the Human Rights Council (HRC) of the United Nations (UN). The negotiations have the mandate to make the TNCs subservient to a legally binding treaty on human rights. The agenda of work of the 10th session and road map of the UN's open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights and the text oto the dated draft legally binding instrument with the textual proposals submitted by States during the ninth session is being pursued. 

The session was initially scheduled for October 2024 but it was suddenly rescheduled to December unmindful of the limitations of the participants from the Global South. 

Human Rights Council Procedural Decision A/HCR/56/116 was adopted in July 2024 to provide additional resources for the UN process. 

Notably, the UN Resolution 26/9 which initiated the UN process in 2014 gave a mandate to regulate the activities of TNCs and other international business enterprises. It has come to light that during the last two UN sessions the government of Ecuador, the Chair of the UN process has sided with corporate interests and Global North countries. It is hoped that Daniel Noboa led government of Ecuador will refrain from siding with Global North countries. Brazilian daily Folha de S.Paulo revealed in October 2023 that Noboa is the owner of two offshore companies located in Panama, according to the Panama Papers. He is reportedly linked to companies owned by his father in tax havens.

Post Rafael Correa regime in Ecuador started behaving strangely in order to procure loan from the International Monetary Fund (IMF). It revoked Julian Assange's asylum on 11 April 2019 following which he was arrested for failing to appear in court, and carried out of the embassy by members of the London Metropolitan Police. In October 2019, Lenín Moreno led government faced a series of bitter protests from the people of Ecuador. His successor Guillermo Lasso faced two impeachment proceeding, dissolved the National Assembly and did not run for election in 2023. 


Ecuador government's docile and gullible role was on display in Ottawa. The intergovernmental committee tasked by the UN Environment Assembly to conclude plastic pollution treaty is chaired by Ambassador Luis Vayas of Ecuador. The chair decided to suspend the meeting in Ottawa. The chair allowed the USA and Saudi Arabia to seize control of the negotiation like the committee’s catastrophic session in Paris. USA, Saudi Arabia, Brazil, and  Switzerland support the chair because an alternative proposal echoed the proposition of the USA. The revised draft text that had been prepared in Nairobi in November 2023 was undermined. UN Environment Assembly had adopted the plastics treaty negotiation mandate in March 2022. The third session had prepared a 31 page long zero draft text of the international legally binding instrument on plastic pollution, including in the marine environment in Nairobi. The 77 page Ottawa text came up for negotiation at the fifth session of the intergovernmental negotiating committee in Busan, South Korea during November 25-December 1 2024 but failed to finalize the text of the treaty and ended with 22 page long chair's text. The role of the chair from Ecuador has been undermined as well. 

In such a backdrop, during the negotiations on the legally binding treaty on human rights, Global South countries like China, India, Indonesia, Pakistan, Russia, Palestine, Kenya, Egypt, South Africa, Cuba, Honduras and others are stressing the focus on TNCs. The International Chamber of Commerce, the International Organisation of Employers and the US Council for International Business who are defenders of the interest of TNCs have engineered their way into the negotiations to influence the outcome of this UN process.

Some of these TNCs which are complicit in genocide, mass displacement, famine, and the destruction of land and nature want corporate impunity to prevail. The Binding Treaty process ought to inspire national legal systems and vice versa.

The Global Campaign to Reclaim Peoples’ Sovereignty, Dismantle Corporate Power and Stop Impunity brought the voices of the communities and social movements affected by corporate crime in the face of corporate lobbies. 


Dr. Gopal Krishna

The author’s doctoral thesis is on corporate crimes and the accountability of public institutions. He is a lawyer and a researcher of philosophy and law. His current work is focused on philosophy of digital totalitarianism and monetisation of nature. He has appeared before Supreme Court’s Committees, Parliamentary Committees of Europe, Germany and India and UN agencies on the subject of national and international legislation. He is an ex-Fellow, Berlin based International Research Group on Authoritarianism and Counter Strategies (IRGAC). He is also the editor of www.toxicswatch.org



Lessons from Bhopal Disaster: Why mandatory UN treaty on business enterprises is crucial for humanity

Written By mediavigil on Monday, December 02, 2024 | 9:25 AM

Forty years after the Bhopal disaster of 1984, the victims and the adversely affected ecosystems await relief and remediation. Lessons from such industrial disasters create a compelling logic for an internationally binding treaty for transnational corporations (TNCs) and human rights.

Given the fact that corporations, banks and other business enterprises are admittedly not meant to be “democratic public interest institutions”, the decisive negotiations on an enforceable treaty on transnational corporations and human rights which are currently underway has great significance. A UN resolution of 2014 had created the UN Open-ended intergovernmental working group and tasked it to prepare the text of a binding treaty. States are due to meet in Geneva, for the 10th session of the UN's Open Ended Inter-Governmental Working Group (OEIGWG) to negotiate the updated draft of the future Binding Treaty during 16-20 December 2024. The first and second sessions of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights were dedicated to conducting constructive deliberations on the content, scope, nature and form of a future international instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises.

During the third session, the Working Group discussed elements for a draft legally binding instrument prepared by the Chairperson-Rapporteur of the OEIGWG taking into consideration the discussions held during the first two sessions. At he fourth session, the Working Group's discussions focused on a zero draft legally binding instrument, as well as a zero draft optional protocol to be annexed to the zero draft legally binding instrument. During the fifth session, a revised draft of the legally binding instrument served as the basis for negotiations. At the sixth session, a second revised draft of the legally binding instrument served as the basis for negotiations. During the seventh session, a third revised draft of the legally binding instrument served as the basis for negotiations. At the eighth session, the third revised draft of the legally binding instrument with the textual proposals submitted by States during the seventh session served as the basis for negotiations. Additionally, to help advance discussions during the eighth session, States and non-State stakeholders could also comment on informal contributions presented by the Chair-Rapporteur on select articles of the instrument. During the ninth session, an updated draft legally binding instrument served as the basis for negotiations.

At its 56th session, on 11 July 2024, the Human Rights Council adopted decision 56/116 to enhance the support capabilities of the OEIGWG in line with the mandate established by the Council in its resolution 26/9, and to enhance the support capabilities in the area of business and human rights within the Office of the United Nations High Commissioner for Human Rights, for the work on the legally binding instrument.

In its essence, the proposed draft treaty is an outcome of over 50 years of effort, which underlines that self-regulation by corporations is not enough at all. As a consequence of such realization as early as July 1972, at the initiative of Government of Chile, United Nations Economic and Social Council (UNESC) had requested UN Secretary General to appoint a Group of Eminent Persons to study the role of transnational corporations in relation to developing countries and international relations. This UN Group was headed by L K Jha, former Governor, Reserve Bank of India. Developing countries Chile, India, Ecuador have been grappling with the ungovernable might of corporations like International Telephone and Telegraph Company, Union Carbide Corporation and Chevron.

The persistent efforts to enact a binding treaty for corporations expose the emptiness of voluntary UN Global Compact and UN Guiding Principles on Business and Human Rights.

Prior to the current efforts initiated by Ecuador and supported by India, China, South Africa, Russian Federation, Philippines, Viet Nam, Indonesia, Venezuela, Cuba, Algeria, Benin, Burkina Faso, Congo, Côte d’Ivoire, Ethiopia, Kazakhstan, Kenya, Morocco, Namibia and Pakistan to provide the legal remedy to wrongs committed by business enterprises, the UN Sub-Commission on the Promotion and Protection of Human Rights had approved the 'UN norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights'. These norms had emerged as a step towards ensuring corporate accountability in August 2003. 

But the report of the Prof. John Ruggie, a Special Representative of the UN Secretary-General on business and human rights undermined these proposed mandatory UN Norms under the influence of International Chamber of Commerce and the International Organization of Employers. It chose to promote Guiding Principles on Business and Human Rights in July 2011 as part of advocacy for the status quo of voluntary regulation by the companies while admitting that "While corporations may be considered organs of society, they are specialised economic organs, not democratic public interest institutions.”

The efforts of the UN working group vindicate the UN Norms which were drafted by Prof. David Weissbrodt and other co-authors for mandatory regulation of TNCs. Prof. Weissbrodt had underlined how only 1,000 of about 75, 000 TNCs had joined the voluntary UN Global Compact. Even the ones who joined are at a liberty to withdraw at their sweet will.

In order to inspire confidence the new efforts for the proposed legally enforceable mandatory treaty must ensure that business enterprises are subservient to both peoples’ will and legislative will. It should ensure that natural persons have the principle of primacy of their human rights and public interest over private economic interests. It should reaffirm the hierarchical superiority of human rights norms over trade and investment treaties and develop specific state obligations in this regard.

After the third session of the UN inter governmental working group concluded, on October 27, 2017 a representative for the USA asserted gleefully that this “binding treaty will not be binding for those who voted against it”. The US reaction to the efforts for binding treaty gives a sense of déjà vu. After the initial adoption of the mandatory UN norms, the corporations reacted sharply saying: these norms are “duplicate and unnecessary”. Prof. Weissbrodt had responded saying, the mandatory norms are indeed “duplicate” in the sense that they are based on existing laws and principles, therefore, they are necessary.     

Notably, USA did not participate in the three-year process after the adoption of the UN resolution on 26 June, 2014 at the 37th meeting of UN Human Rights Council (UNHRC). Instead, USA along with UK, France, Germany, Italy, Japan and Republic of Korea besides countries are like Austria, Czech Republic, Estonia, Ireland, Montenegro and Romania have voted against the resolution for a binding treaty. Under external influence countries like Saudi Arabia, Sierra Leone, United Arab Emirates, Gabon, Kuwait, Maldives, Mexico, Peru, Argentina, Brazil, Chile, Costa Rica and Botswana abstained.   

The Draft Report of Guillaume Long, the Chair-Rapporteur of the UN working group paving the way for the treaty was approved by consensus. It was submitted for final approval to the UNHRC in March 2018. The Elements paper towards a Treaty proposed by Ecuador remained open for comments until the end of February 2018. It formed the basis for developing the zero draft treaty for the fourth session of the UN working group in 2018.

The Report on the ninth session of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights, presented at the Fifty-fifth session of Human Rights Council during 26 February–5 April 2024 revealed that list of participants in the exercise included members of the UN like Albania, Algeria, Angola, Argentina, Australia, Austria, Azerbaijan, Belgium, Bolivia, Brazil, Cameroon, Chile, China, Colombia, Côte d’Ivoire, Cuba, Czechia, Democratic Republic of the Congo, Denmark, Djibouti, Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, France, Gambia, Germany, Ghana, Honduras, India, Indonesia, Iran, Iraq, Ireland, Israel, Jamaica, Japan, Kenya, Luxembourg, Madagascar, Malawi, Malaysia, Mexico, Mongolia, Mozambique, Namibia, Nepal, Netherlands, Nigeria, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Trinidad and Tobago, Tunisia, Türkiye, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela, Viet Nam. State of Palestine, a non-member was represented by an observer.

Instead of re-inventing the wheel, the UN working group ought to have adopted the proceedings of previous UN efforts and the Draft Code of Conduct on Transnational Corporations which emerged out of the report of the UN’s Eminent Persons besides the UN Norms. This Code was submitted at the special session of the UN Commission on Transnational Corporations to the UN Economic and Social Council on May 31, 1990. 

So far consistent with the legacy of Non Aligned Movement (NAM), India supported these UN efforts especially after May 26, 2014 when Sushma Swaraj took charge of foreign ministry from Salman Khurshid. Indian Government’s position on the binding treaty amid maneuvers from the European Union, USA and commercial czars merits attention.    

The tremendous influence of US-based Union Carbide Corporation (UCC) became visible when the author posed a question to the chief minister of Madhya Pradesh in October 2017 on a NDTV program co-hosted by Amitabh Bachchan, a former legislator and a veteran actor. When asked about the disposal of the 336 tonnes of hazardous waste lying in the UCC factory, its liability and the disclosure of the report of the judicial inquiry commission on the 1984 Bhopal disaster. The then Chief Minister and the current Union Agriculture Minister chose to maintain a studied silence about all these questions. Significantly, although the Justice S.L. Kochar led commission submitted its report to the state government in February 2015; it has not been made public as yet. In the name of trade secret, UCC has not disclosed the composition of the gas which was leaked on the night December 2, 1984. 

Meanwhile, in March 2024, the 22nd Law Commission of India published a report titled “Trade Secrets and Economic Espionage” along with a draft bill based on its consultation with likes of Associated Chambers of Commerce & Industry of India (ASSOCHAM), Federation of Indian Chambers of Commerce and Industry (FICCI), Confederation of Indian Industry (CII) and US Patent and Trademark Office.

In order to inspire confidence, the new efforts for enforceable UN treaty and Indian trade secrets and economic espionage legislation must ensure that business enterprises are subservient to both peoples’ will and legislative will. These laws should ensure the primacy of human rights and public interest over private economic interests. They should reaffirm the hierarchical superiority of human rights norms over trade and investment treaties and develop specific state obligations in this regard.

Dr. Gopal Krishna

The author’s doctoral thesis is on corporate crimes and the accountability of public institutions. He is a lawyer and a researcher of philosophy and law. His current work is focused on philosophy of digital totalitarianism and monetisation of nature. He has appeared before Supreme Court’s Committees, Parliamentary Committees of Europe, Germany and India and UN agencies on the subject of national and international legislation. He is an ex-Fellow, Berlin based International Research Group on Authoritarianism and Counter Strategies (IRGAC). He is also the editor of www.toxicswatch.org.

 

Seventh meeting of Paris Agreement, COP 29 of UNFCCC fail to deliver, solution for climate crisis to wait till COP 30 in November 2025

Written By mediavigil on Monday, November 25, 2024 | 7:18 AM

The Thirteenth Conference of Parties to the UN Framework Convention on Climate Change  (UNFCCC COP-30) will convene in November 2025 in Belém, Brazil. It will serve as the 20th meeting of the COP serving as the Meeting of the Parties to the Kyoto Protocol (CMP 20), and the Seventh meeting of the COP serving as the Meeting of the Parties to the Paris Agreement (CMA 7). UNFCCC was voluntary. Kyoto Protocol was mandatory. Paris Agreement is voluntary. The distressing outcome of Twenty Ninth Conference of Parties to the UN Framework Convention on Climate Change  (UNFCCC COP-29) was more disappointing than the outcome of the COP 28 held in Dubai, the United Arab Emirates, during 30 November-13 December 2023.  These outcomes reveal that the adoption of Paris Agreement instead of adopting third commitment period of the Kyoto Protocol was/is a misleading initiative. CMP 20 of Kyoto Protocol should be used to re-negotiate its third commitment period. COP29 decision text has come under unprecedented criticism. 

India became the first Global South nation to reject the UN climate deal, which offers $300 billion annually to developing countries to address the consequences of climate crisis they did not cause. India rejected the climate spending goal adopted at the COP29 in the Azerbaijani capital of Baku. Chandni Raina, an advisor at India’s Finance Ministry and COP29 negotiator for India, severely criticised the deal saying, "In continuation of several such incidents of not following inclusivity, not respecting country positions...We had informed the presidency, we had informed the secretariat that we wanted to make a statement prior to any decision. However, this is for everyone to see, this has been stage-managed. We are extremely disappointed." She said that India was not allowed to speak before the adoption of the deal. She added: "USD 300 billion does not address the needs and priorities of developing countries. It is incompatible with the principle of CBDR (Common but Differentiated Responsibilities) and equity, regardless of the battle with the impact of climate change". She underlined her sadness: "We are very unhappy, disappointed with the process, and object to the adoption of this agenda". She asserted: “I regret to say that this document is nothing more than an optical illusion. This, in our opinion, will not address the enormity of the challenge we all face. Therefore, we oppose the adoption of this document.” 

Prior to this India had expressed disappointment at the shifting of focus from enablement of adequate Climate Finance to emphasis only on mitigation, at the Plenary Session at the CoP29 of the UN Climate Change Summit in Baku, Azerbaijan. India aligned its stance with the statement made by Bolivia on behalf of Like-Minded Developing Countries (LMDCs) and reiterated that the process of the fight against Climate Change has to be guided by the UNFCCC and its Paris Agreement, as the Global South continues to face the intense impacts of Climate Change.

Delivering India’s statement, Secretary (MoEFCC) and Deputy Leader of the Delegation, Leena Nandan had said, “We feel disappointed by the fact that we continue to shift focus when the time has come to ensure that the mitigation actions are fully supported through provisions of adequate Finances as per CBDR-RC and equity considerations. COP after COP, we keep talking about mitigation ambitions - what is to be done, without talking about how it is to be done - in other words, the enablement of mitigation ambitions. This COP started with Focus on enablement through New Collective Quantitative Goals (NCQG), but as we move towards the end, we see shifting of the focus to mitigation.”

India firmly asserted that any attempts to deflect the focus again from Finance to repeated emphasis on mitigation cannot be accepted. The statement read, “All countries have submitted their NDCs and will be submitting the next round of Nationally Determined Contributions (NDCs) being informed by the various decisions we have taken together in the past as well as on the basis of our national circumstances and in the context of sustainable development goals and poverty eradication. What we decide here on climate finance will certainly influence what we submit next year. The attempt by some parties to further talk about mitigation is primarily a shift in focus from their own responsibilities of providing finance.” The statement called for a ‘Balance in the Climate Discourse’, and added, “If not so ensured, we may have continuous talk of mitigation that has no meaning, unless supported by enablement that is needed to make climate actions happen on the ground.”

India put forth its stance on the following issues that are critical in the fight against Climate Change. They are:

NCQG

India highlighted that as grant-based concessional Climate Finance is the most critical enabler to formulate and implement the new NDCs, action will get severely impacted in the absence of adequate means of implementation. The statement read, “The document needs to be specific on the structure, quantum, quality, timeframe, access, transparency, and review. The goal for mobilisation needs to be USD 1.3 trillion, with USD 600 billion of this coming through grants and grants equivalent resources. Expansion of the contributor base, reflection of conditional elements such as macroeconomic and fiscal measures, suggestion for carbon pricing, focus on private sector actors for scaling up resource flows as investments – is contrary to the mandate for the goal. NCQG is not an investment goal. We must accept that climate actions by Developing countries will have to be country driven, in line with their circumstances and in the manner best suited to country priorities.”

Mitigation

India strongly protested against changing the scope of the Mitigation Work Programme (MWP) in the draft text. India further cautioned against shifting of temperature goals, which  need to be as per the exact language in the Paris Agreement. India called the introduction to the targets for 2030, 2035 and 2050 in the preamble as purely prescriptive.

India urged to add to the text certain elements like noting the pre-2020 mitigation gap by Annex-I Parties; noting with strong concern that the emission of Annex-I Parties is increasing from 2020 to 2030 etc. India strongly urged to recall the negative impacts of coercive unilateral measures on climate action specifically mitigation ambition and implementation.

Just Transition

India strongly declined to accept any renegotiation of the shared understanding prevalent on ‘Just Transitions’ in the decision from Dubai. The statement read, “Just transition is interpreted in narrow domestic terms, implying that it is national governments that have to take actions to ensure domestic just transitions. However, we have repeatedly made the point that Just transitions begin globally with Developed countries taking the lead in mitigation and ensuring that they provide the means of implementation to all Developing countries.”

India statement further said, “We have also repeatedly made the point that the possibility of our domestic transitions, our right to development, and our over-riding priority to pursue sustainable development, is constrained by repeated and ongoing inaction of Developed countries. The current text completely disregards this point that we have been making about our understanding of just transitions, which is also reflected in the Dubai decision. We absolutely cannot accept these paragraphs. They are prescriptive and completely reinterpret just transitions.”

GST

On the GST India stated the following:

  1. India does not agree to a follow up of the GST outcomes. As per Paris agreement, GST is supposed to only inform parties to undertake climate action.
  2. The new chapeau on Enhancing Action, Support and International Cooperation has been drafted without adequate connection or integration with the text, parts of which are under negotiation on the UAE dialogue.
  3. The last text from the negotiations undertaken by Parties was one that captured the views of all Parties and was a viable basis for further negotiation. The new options under the Section titled Modalities of the UAE dialogue does not capture this at all.
  4. The new chapeau has no connection with the subject matter of finance which is the main aim of the UAE dialogue.
  • Further, the phrase “with developed countries (as per the synthesis report of the Biennial Reports) on track to increasing their emissions by 0.5 per cent from 2020 to 2030” may be added after the phrase “by 2.6 per cent by 2030 compared with the 2019 level”.
  • Though the new chapeau title is general, the text added is completely mitigation centric and completely unbalanced. India does not accept this text.
  • India does not accept the way the options have been formulated in the Timing and Format sections of the UAE dialogue.

Adaptation

India shared the following five points, which are essential to consider the draft decision:

  • Final outcome should include indicators on means of implementation in order for this work on global goal on adaptation to be meaningful.
  • There is no need to further focus on transformational adaptation. Instead, it is important to focus on other approaches such as incremental adaptation, long term adaptation in the context of national circumstances.
  • The data used for reporting on indicators should be taken from Party submitted reports and not from any third party databases. Therefore, this text may be dropped.

  • Language on Establishment of Baku Road Map as a means of continuing work pertaining to the global goal on adaptation, is essential.
  • Indicators should reflect the progress in the GGA goals. Further segregation may not be required.

In conclusion, reiterated that this COP is the Finance COP - the Balancing COP, the enabling CoP. The statement read, “If we fail here, we fail in the fight against Climate Change for which the onus should be on those who are obligated to provide finance for climate action.”

The Nigerian representative called the $300 billion goal “a joke,” while Bolivia slammed it as an “insult and a flagrant violation of justice and climate equity.” Ali Mohamed, speaking on behalf of more than 50 African nations, called the deal “too little, too late for a continent facing climate devastation while contributing least to emissions.” He noted that an estimated $5.1–6.8 trillion is needed for climate action by 2030. The Association of Small Island States (AOSIS), a group of 43 island nations quit the summit saying that the COP29 discussions “were not offering a progressive way forward.”

Raina concluded: "India does not accept the goal proposal in its present form."

 

Briefing Paper: Bihar’s third survey for land consolidation, Model Conclusive Land Titling Act and Aadhaar Number

Written By mediavigil on Saturday, September 14, 2024 | 7:38 AM

Bihar’s third survey for land consolidation, NITI Aayog's Model Conclusive Land Titling Act and biometric authentication through Aadhaar Number for conclusive land title
 
Bihar’s “third survey” for land consolidation which is underway is linked to NITI Aayog's Model Conclusive Land Titling Act and biometric authentication through Aadhaar Number for conclusive land title. Significantly, any violation of fundamental rights and constitutional rights in the process of special survey for land consolidation will have no legal remedy in the Courts and Tribunals because the laws under which this exercise is being undertaken are under the Ninth Schedule and Article 31 B of the Constitution of India. It has implications for social policies guided by indiscriminate digital and biometric profiling.
 
The first survey happened during 1898-1920. Cadastral Survey was undertaken under Bengal (Bihar) Kashtkari Adhiniyam, 1885. The word 'cadastral' means a public record of the extent, value and ownership of land for purposes of taxation. This type of survey involves the preparation of village maps showing the boundaries of groups of holdings, large scale plans of survey fields showing the boundaries of each holding,topographical details and all measurements, and land registers giving the number, nature, tenure, area assessment and reputed ownership of each holding. This survey is repeated from time to time when changes occur in occupation and in the boundaries of fields particularly when such changes are too numerous to be dealt with by the ordinary revenue staff. The term 'cadastral' has been derived from the French word 'cadastre' which means public register of ownership of parcel of land. In fiscal terms, it means a register of properties according to their value. 
 
The second survey happened during the 1960s. This revisional survey of land started after the abolition of zamindari in 1950 but 12 districts of Bihar were not covered.“Revisional Survey” means survey operations initiated and conducted on the basis of the blueprint map of the cadastral survey in order to update the land records.
 
The third survey of the land for the consolidation of land is happening under Bihar Special Survey and Settlement Act, 2011 and Rules under it and the related provisions of the Bihar Consolidation and Holding and Prevention of Fragmentation Act, 1956. The Bihar Special Survey and Settlement (Amendment) Rules, 2019 defines “Special Survey”. It means the construction of digital maps and construction and maintenance of record of rights to be made on the basis of position of the property and ownership relating to the land with the help of modern technology by using aerial Photographs/Satellite Images - taking the latest position of land.” The special survey work has been pending at least since September 2020 after the amendment in the law in 2019.
 
Bihar special survey work for the raiyats/land holders has started in compliance with an Order No. 177 dated January 11, 2024 issued by the Directorate of Land Records and Survey, Government of Bihar and the order of Chief Minister dated July 3, 2024. Letter No.:- 252, dated August 24, 2024. A formal announcement in the format of Form-1 was made for village-wise land survey and settlement between August 1-7, 2024. A village-wise Gram Sabha was scheduled between September 16-30, 2024. The survey exercise and publication of the final record of rights is required to be completed by August 24, 2025.

A review of the implementation of the special survey law and the related provisions under the Bihar Consolidation and Holding and Prevention of Fragmentation Act shows that the drawn out process of survey and settlement is likely to increase social unrest and increase the burden of civil and criminal cases related to land disputes. The claim that work of special survey and settlement, when completed, would reduce the cases of land disputes is not supported by any study. If over 60 per cent of incidents of crime in the state occur mainly because of land-related disputes, the spate of reported crimes amid the current special survey indicates that these incidents are likely to increase in near future if the exercise is not stopped in supreme public interest. 
 
A careful scrutiny of the provisions of these laws has revealed that there is no provision which is linked to land dispute related crimes. There has been no study undertaken in this regard in the State. It is not surprising that despite the announcement that the special survey work started in September 2020 and was to be completed by December 2023, it made no progress. There was another announcement made in September, 2022 that the special survey and settlement of lands will be completed by November 2024. On July 3, 2024, Chief Minister sought completion of the Special Survey by July 2025. The special survey commenced in 45,862 revenue villages to digitize land data with a one-year time frame for completion. He repeated the observations he had made in September 2022 about the exercise being aimed at reduction of crimes related to land disputes. He repeated them again in July 2024. 
 
The framers of the law did not factor in the implications of these laws on non-resident Biharis who constitute over 15-20 million. Between 1951 and 1961, about 4 percent of Bihar’s population migrated. In 1971, 2 percent of its population migrated. In 1981,the total number of migrants more than doubled at around 2.5 million. During the inter-censual period between 2001 and 2011, around 9.3 million Bihari people migrated (Census 2011). Had the Census been conducted on time in 2021, it would have shown how these laws are unjust and insensitive to the just needs of non-resident Biharis and their resident families.
 
After its passage from the Bihar legislature, the Bihar Special Survey and Settlement Act, 2011 was published in the Bihar Gazette on December 22, 2011 subsequent to Governor’s assent on December 20, 2011. Its purpose can be ascertained only by a harmonious construction of relevant provisions of the Bihar Tenancy Act, 1885 (as amended till 2017) and Bihar Consolidation & Holding & Prevention of Fragmentation Act, 1956 (as amended in 1970, 1975 and 1982). The purpose of these laws is to undertake survey of the land and regularize the status of raiyat and create a record of rights.
 
The special survey is aimed at conducting surveys in the whole of the state using modern technology, aerial survey technique with ground verification by means of Digital Global Positioning System (DGPS), and Electronic Total Station (ETS). It is also aimed at preparation and maintenance of to-date record of rights for revenue and land resource management, computerisation of land records in uniform way to address gap between computer data and to-date ground realities, conclusive ascertainment of current title, possession and classification of lands - for agricultural credit, subsidy, relief and insurance related activities. It provides for identification & demarcation of public lands, Government lands, lands treated as common property resource and the like-to record it in the Record of Rights. It provides for Publication of record of rights and consolidation operations after special survey and settlement under the Bihar Consolidation & Holding & Prevention of fragmentation Act (as amended in 1975).
 
The Bihar Consolidation & Holding & Prevention of Fragmentation Act deals with the closure of the consolidation operations. As soon as possible, after fresh maps and records have been prepared and certificates of transfer have been issued to the raiyats under the scheme, the State Government shall issue notification in the Official Gazette stating that the consolidation operations have been closed in the unit. It prohibits transfer of lands. Section 37 of the Act deals with "Bar of jurisdiction of Civil Courts. It states: "No Civil Court shall entertain any suit or application to vary or set aside any decision or order given or passed under this Act with respect to any other matter for which a proceeding could or ought to have been taken under this Act. " Section 37A of the Act states: "Authorities under the Act to be deemed courts of competent jurisdiction." Section 37 B of the Act states that "Authorities under this Act have powers and privileges as are vested in a Civil Court in certain matters". 
 
Section 14 of the Bihar Special Survey and Settlement Act provides for maintenance of records in digital form. Section 20 of the Act overrides all other laws. Section 21 of the Act makes State a party in “certain cases" but does not define “certain cases”. These laws put a bar on the jurisdiction of civil Courts which indicates the trend of executivisation of judicial functions. 

The provisions incorporated in the Bihar Consolidation & Holding & Prevention of Fragmentation law during internal emergency (1975-1977) in this regard need to be subjected to a test of constitutionality. In order to restore peace in rural and urban areas of the State disturbed due to the special survey, there is a compelling need to stop the exercise and revise the law and rules in consultation with all the land rights holders and farmer organisations to make it more pragmatic. It must take people into confidence regarding the relationship between the special survey and the consolidation of land under the Bihar Consolidation & Holding & Prevention of Fragmentation Act, 1956.

Notably, in November 2019, NITI Aayog's Model Conclusive Land Titling Act was framed. Its Section 56 states: Compulsory use of biometric identification-The Authority may, by notification from time to time in this regard, appoint a date from which it shall provide compulsory use of one or more than one particular personal identification system such as biometric authentication, Iris diagram or finger-print,or any other such method for establishing the identity of any person, for the purpose of any transaction or transfer of any Immovable Property recorded in the Register of Titles. Its Section 65 (2) (m) provides power of the State Government to make Rules states: "use of biometric authentication including AADHAR or other identification." NITI Aayog shared this Model Act and the Maharashtra Land Titling Act with the States for adoption.
 
A Bihar Gazette Notification dated May 9, 2023 stated that Aadhaar Number is voluntary but news reports in Bihar say, it is mandatory! The fifth sentence in the last paragraph of the Bihar Gazette notification dated May 9, 2023 clearly says, "Aadhaar authentication" is "on voluntary basis" for the registration of land. It has to be voluntary because of Section 7 of the Aadhaar Act 2016. The second para of Section 7 of the Aadhaar Act 2016 implies that Aadhaar is not mandatory for anything. It shows that due to some communication gap or ignorance of relevant legal provisions, there is misreporting of facts regarding Aadhaar being mandatory. But contrary to this notification, Aadhaar Number is being demanded during the registration of land. Coincidentally, the Union Budget by the Union Finance Minister unveiled plans for 'Bhu-Aadhaar' unique IDs for rural land parcels and digitization of urban land records by 2027.
 
Bhu-Aadhar refers to Unique Land Parcel Identification Number (ULPIN). ULPIN is part of the Digital India Land Records Modernization Programme (DILRMP). It is a 14-digit identification number accorded to a land parcel based on the longitude and latitude coordinates of the land parcel and depends on detailed surveys and geo-referenced cadastral maps. ULPIN is a Single, Authoritative Source of Truth for information on any parcel of land or property to provide Integrated Land Services to the citizens as well as all stakeholders. The ULPIN system is based on an international standard which complies with Electronic Commerce Code Management Association (ECCMA) standard and Open Geospatial Consortium (OGC) standard. There is a formula to generate and assign ECCMA (Electronic Commerce Code Management Association) Standard prescribed 14 digit Unique ID “Property Natural Identifier Unit” (PNIU) using the parcel Geo Referenced coordinate of vertices. This computationally generated Unique ID would be organically dependent on Parcel vertices expressed in Lat/Long coordinates “Property Natural Identifier Lot” (PNIL) and Unique ID (PNIU) would spatially be pointing to the surface of the parcel. 
 
The exercise of special survey for consolidation of land and biometric authentication through Aadhaar Number as proof of conclusive land title is happening unmindful of the fact that the Aadhaar case is pending before a 7-judge Constitution Bench of the Supreme Court. It is apparent that it is related to the the Asset Monetization programme and the National Monetisation Pipeline (NMP), a Government of India's initiative to establish a roadmap for "monetisation ready" assets. Pursuant to the announcement made in the Union Budget 2021-22, the NMP is listing potential core assets of Union Government Ministries/PSUs for monetization during the period 2021-22 to 2024-25. For instance, there are 258,000 acres of land with port trusts and railways has 113,000 acres. The State government too has surplus land. The special survey and settlement exercise aims to ascertain surplus land in the state for possible announcement of distribution ahead of the upcoming assembly elections. The plan was prepared by NITI Aayog in collaboration with the concerned Infrastructure Ministries in pursuance of the recommendations made by the Finance Ministry’s Vijay Kelkar Committee in 2012. Notably, NITI Aayog has sent a Model conclusive land titling law to the States. It is apparent that these initiatives pave the way for social policies guided by digital-biometric determinism and discredited Eugenic thinking. 

Conclusion 

Amidst growing unrest, on September 20, 2024, Bihar revenue and land reforms minister announced that the government is determined to go ahead with the ongoing land survey in the state but more time would be given to landowners for submission of self-declaration regarding ownership of land. “We have looked into the matter and the deadline would be extended. The official communication will be issued in a few days. We have reviewed the ongoing process, and it has been going well. The objective of the entire exercise is to help the genuine people with digitised land records to end disputes once and for all. They will get time to file self-declaration”. The official communication has not been issued as yet. The  problem of land in many families which is still in the name of grandfathers and great grandfathers, while several generations shifted outside has not been addressed by the government. Nothing has been done to respond to the allegations of corruption at the ground level in getting documents prepared. Digital platform for procuring land-related documents is a problem rather than a solution in rural areas. The land acquisition for major projects is also a big challenge for the survey. Even if land is acquired, giving compensation becomes a challenge due to lack of proper land records and documents.

The survey does not factor in the temporary nature of the diara land and frequent changes in river-courses which has led to many disputes and lawsuits related to land and fishing rights. The complications which arise due to alluvial and deluvial land has been ignored. The land in Bihar is subjected to alluvial and deluvial action by the rivers. The land which is found adjacent to the river course and made up from the changing course of the river, is known as alluvial land. It refers to lands gained from the rivers by alluvion. The land lost due to river is diluvion land. It does not deal with the legality of suit land purchased through auction sale given the fact that the auction sale is illegal for want of notice and also under the provisions of Money Lenders Act as well as due to misdescription of the sold land. 

According to state government's data, there are 33.16% poor families in the Other Backward Classes (OBC); 25.09% poor families in the General Category; 33.58% poor families in the Extremely Backward Classes (EBC); 42.93% poor families in the Scheduled Castes (SC); and 42.7% poor families in the Scheduled Tribes (ST). From among these poor and Dalits, a large number were given land by erstwhile landlords. They are likely to be deprived because of absence of required documents. Dalits who came to possess land because of struggle by people's movements are likely to be adversely affected because of paucity of property documents. The concerns of those who live in urban areas but have land in rural areas has not been addressed as yet. There is nothing in the law, the rules and the technical guidelines to suggest that the issues of ownership in the matter of huge number of pending land ownership dispute related court cases has been factored in. 

In such a backdrop, the survey must start after ascertaining and factoring in all these aspects in general and the status of Court cases related to land ownership disputes in particular at the Gram Sabha level. 

For all the special land survey documents and technical guidelines refer  to https://dlrs.bihar.gov.in/compendium.pdf 
 


 Dr. Gopal Krishna

The author is a lawyer and a bilingual philosophy and public policy researcher. He has given expert testimony before the Indian, European and German Parliamentary Committees in the matter of national and international legislations on the land acquisition, national identification, hazardous waste trade, corporate code of conduct, civil liability for nuclear damage, consumer protection and biological diversity. E-mail:forcompletejustice@gmail.com
 
Copyright © 2013. ToxicsWatch, Journal of Earth, Science, Economy and Justice - All Rights Reserved
Proudly powered by Blogger