Trust remains firm on marine phosphate mining (Part 3)
HERBERT JAUCH, CHAIRPERSON OF THE ECONOMIC AND SOCIAL JUSTICE TRUST (ESJT) WRITES:
We have submitted a detailed objection against marine phosphate mining to the Environmental Commissioner on 17 September 2018 in the hope that the environmental clearance certificate will be set aside permanently.
Below are our submissions:
6. INTERNATIONAL LESSONS
There is broad global consensus that marine-origin phosphates have a higher radio-activity content than igneous phosphates. Namibia's marine phosphates have either not been tested, or the results have not been made public.
Much of the US Florida phosphate wastes from fertilizer production exceeded permissible radioactivity levels, and have had to be stored in specially restricted areas in the USA.
On the other hand, there would be significant and permanent adverse effects to the marine environment and other potential environmental adverse effects. The DMC found that the economic benefits of the proposal to New Zealand to be insubstantial, relative to potential adverse environmental effects of the proposal.
Togo is one country that has allowed on-land phosphate mining, without enforcing safety regulations. The result has been that waste produced from the phosphate mining has flowed into the sea, causing serious problems of contaminated seafood to coastal communities.
New Zealand rejected marine phosphate mining in view of concerns for the environment, in favour of “caution and environmental protection”, and in view of the doubtful economic prospects of the venture.
Without proper independent and transparent environmental research by internationally recognised marine scientists with adequate knowledge and experience, the likely potential environmental risks of proposed marine phosphate mining in the Benguela Marine Ecosystem cannot be highlighted strongly enough.
This is why there has to be a research-led Strategic Environmental Assessment (SEA) on the expected cumulative impacts from marine phosphate mining. This SEA needs to be carried out in order to understand the environmental cumulative and long-term implications before any decision is taken on government level. Any decision made without the required strategic environmental assessment research, is a dangerous “gamble” and would constitute recklessness.
Mining of phosphate from the sea will be costly while phosphate is a low value item. Making it economically viable for Namibia will require mining the seabed on a large scale. Presently, however, land-mined phosphate reserves in the world are predicted to be already sufficient for global demand for at least the next 60-80 years. At the same time, recycling of organic wastes to recover phosphates is fast coming to the fore as a more environmentally-sustainable source or fertilizer. Therefore, the future demand for marine-mined phosphate is uncertain, whereas the future demand for fish as a human food source is assured, obvious and vital.
7. THE STATE'S DUTY TO PROTECT THE ENVIRONMENT
Namibia is a signatory of the Rio Convention, and by adopting the international convention it endorses it directly as domestic law even without a further Act of Parliament. Namibia's own Environmental Management Act of 2007 and the Environmental Impact Assessment Regulations of 2012 are consistent with the principles espoused in the Rio Convention.
We would like to draw your attention to the relevant principles of the Rio Convention. Principle 15 is the precautionary principle and principle 17 relates to the necessity of performing Environmental Impact Assessments (EIA).
The precautionary principle requires prudence. It was designed to provide guidance in the development and application of international environmental law, where there exists scientific uncertainty. The precautionary principle's core tenet is that the absence of scientific uncertainty regarding the existence or extent of a risk should not delay the adoption of measures of environmental protection.
The precautionary principle has been entrenched in the Environmental Management Act, section 3(2)(k): “Where there is sufficient evidence which establishes that there are threats of serious or irreversible damage to the environment, lack of full scientific certainty may not be used as a reason for postponing cost-effective measures to prevent environmental degradation.” Furthermore, Article 95.1 of the Namibian Constitution requires the Government to actively promote the welfare of the people, stating that the Government of Namibia is obligated to: “. . .maintain ecosystems, essential ecological processes and biological diversity of Namibia and utilisation of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future.”
Much of Namibia's good reputation is currently based on its clean environment. Government officials have repeatedly stated the need for environmental protection and allowing marine phosphate mining to proceed, would undermine Namibia's commitment and seriously tarnish its image both at home and internationally.
Taking our Constitution seriously will require of government to permanently withhold an environmental clearance certificate for marine phosphate mining and to terminate such initiatives just like Namibia has declined to become a dumping ground for global nuclear waste. It is time once more to show that the State takes its constitutional commitments seriously.
Furthermore, Namibia is a signatory to: The United Nations Convention on the Law of the Sea (UNCLOS) which obliges signatory countries to preserve and protect the marine environment; The Reykjavik Declaration which promotes an ecosystem- based fisheries management programme; The Southern African Development Community (SADC) Fisheries Protocol and the Food and Agriculture (FAO) Code of Conduct for Responsible Fisheries which urges to follow the “Precautionary Approach.” Other International Guidelines that apply are the UN Sustainable Development Goals. Among the 17 UN SDGs to end poverty, promote prosperity and well-being for all and protect the planet, 11 can be linked to the need to reject marine phosphate mining.
In light of the above, we urge you to place Namibia's long-term development prospects above the short-term promises and enormous risks associated with marine phosphate mining.
We have submitted a detailed objection against marine phosphate mining to the Environmental Commissioner on 17 September 2018 in the hope that the environmental clearance certificate will be set aside permanently.
Below are our submissions:
6. INTERNATIONAL LESSONS
There is broad global consensus that marine-origin phosphates have a higher radio-activity content than igneous phosphates. Namibia's marine phosphates have either not been tested, or the results have not been made public.
Much of the US Florida phosphate wastes from fertilizer production exceeded permissible radioactivity levels, and have had to be stored in specially restricted areas in the USA.
On the other hand, there would be significant and permanent adverse effects to the marine environment and other potential environmental adverse effects. The DMC found that the economic benefits of the proposal to New Zealand to be insubstantial, relative to potential adverse environmental effects of the proposal.
Togo is one country that has allowed on-land phosphate mining, without enforcing safety regulations. The result has been that waste produced from the phosphate mining has flowed into the sea, causing serious problems of contaminated seafood to coastal communities.
New Zealand rejected marine phosphate mining in view of concerns for the environment, in favour of “caution and environmental protection”, and in view of the doubtful economic prospects of the venture.
Without proper independent and transparent environmental research by internationally recognised marine scientists with adequate knowledge and experience, the likely potential environmental risks of proposed marine phosphate mining in the Benguela Marine Ecosystem cannot be highlighted strongly enough.
This is why there has to be a research-led Strategic Environmental Assessment (SEA) on the expected cumulative impacts from marine phosphate mining. This SEA needs to be carried out in order to understand the environmental cumulative and long-term implications before any decision is taken on government level. Any decision made without the required strategic environmental assessment research, is a dangerous “gamble” and would constitute recklessness.
Mining of phosphate from the sea will be costly while phosphate is a low value item. Making it economically viable for Namibia will require mining the seabed on a large scale. Presently, however, land-mined phosphate reserves in the world are predicted to be already sufficient for global demand for at least the next 60-80 years. At the same time, recycling of organic wastes to recover phosphates is fast coming to the fore as a more environmentally-sustainable source or fertilizer. Therefore, the future demand for marine-mined phosphate is uncertain, whereas the future demand for fish as a human food source is assured, obvious and vital.
7. THE STATE'S DUTY TO PROTECT THE ENVIRONMENT
Namibia is a signatory of the Rio Convention, and by adopting the international convention it endorses it directly as domestic law even without a further Act of Parliament. Namibia's own Environmental Management Act of 2007 and the Environmental Impact Assessment Regulations of 2012 are consistent with the principles espoused in the Rio Convention.
We would like to draw your attention to the relevant principles of the Rio Convention. Principle 15 is the precautionary principle and principle 17 relates to the necessity of performing Environmental Impact Assessments (EIA).
The precautionary principle requires prudence. It was designed to provide guidance in the development and application of international environmental law, where there exists scientific uncertainty. The precautionary principle's core tenet is that the absence of scientific uncertainty regarding the existence or extent of a risk should not delay the adoption of measures of environmental protection.
The precautionary principle has been entrenched in the Environmental Management Act, section 3(2)(k): “Where there is sufficient evidence which establishes that there are threats of serious or irreversible damage to the environment, lack of full scientific certainty may not be used as a reason for postponing cost-effective measures to prevent environmental degradation.” Furthermore, Article 95.1 of the Namibian Constitution requires the Government to actively promote the welfare of the people, stating that the Government of Namibia is obligated to: “. . .maintain ecosystems, essential ecological processes and biological diversity of Namibia and utilisation of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future.”
Much of Namibia's good reputation is currently based on its clean environment. Government officials have repeatedly stated the need for environmental protection and allowing marine phosphate mining to proceed, would undermine Namibia's commitment and seriously tarnish its image both at home and internationally.
Taking our Constitution seriously will require of government to permanently withhold an environmental clearance certificate for marine phosphate mining and to terminate such initiatives just like Namibia has declined to become a dumping ground for global nuclear waste. It is time once more to show that the State takes its constitutional commitments seriously.
Furthermore, Namibia is a signatory to: The United Nations Convention on the Law of the Sea (UNCLOS) which obliges signatory countries to preserve and protect the marine environment; The Reykjavik Declaration which promotes an ecosystem- based fisheries management programme; The Southern African Development Community (SADC) Fisheries Protocol and the Food and Agriculture (FAO) Code of Conduct for Responsible Fisheries which urges to follow the “Precautionary Approach.” Other International Guidelines that apply are the UN Sustainable Development Goals. Among the 17 UN SDGs to end poverty, promote prosperity and well-being for all and protect the planet, 11 can be linked to the need to reject marine phosphate mining.
In light of the above, we urge you to place Namibia's long-term development prospects above the short-term promises and enormous risks associated with marine phosphate mining.
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