The Advocates4Earth Monthly! | Issue 2: August 2020

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DIRECTOR’S NOTE

Defending the Planet and Environment in the Era of Covid-19

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he second issue of The Advocates4Earth Monthly! newsletter finds us in the throes of an unending battle with the Covid19 pandemic.

Join us and/or support our work as we campaign in the public interest for an environment that is no harmful to the health of people, planet and species.

Thank You

Lenin Tinashe Chisaira

(Environmental Lawyer/Director)

The pandemic has caused untold suffering in all parts of the world, with even more deaths occurring in the Global North which has advanced medical institutions that in the Global South. The greatest lesson from the Covid19 pandemic is that there should be respect for wildlife and human interaction. The pandemic started in a wet market ion the Peoples Republic of China where exotic wildlife was being killed on order.

As Advocates4Earth we have been involved in several campaigns for the closure of the Chinese wet markets.

August also saw the world facing the continued destruction of the Amazon Rainforest in Latin America and the devastating impacts on sea life of the Mauritius Oil Spill.

Our work has continued dung the Covid19 pandemic because the environment, climate and wildlife must be protected at all costs regardless of the challenges.

We have utilised technology to continue our advocacy via webinars and WhatsApp platforms, all while our small staff had to adjust to working from home.

In August we conducted webinars on ‘Climate Justice’ and ‘Defending the Right to Water in the time of Covid19’. The latter was held during World Water Week (23-28 August 2020). We also started our Wild Wednesdays WhatsApp with the first discussion focusing on the Painted Dog/African Wild Dog.

WEBINAR REPORT: CLIMATE CHANGE DEMYSTIFIED

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dvocates4Earth hosted a webinar with the topic Climate change demystified-Understanding the climate crisis and climate justice. The webinar was conducted with the aim of enlightening the general public about climate change and climate justice so that they also understand that climate change is real.- TURN TO PG4

As part of increasing environmental law knowledge beyond Southern Africa, I am happy to say that my book chapter on “Human Rights and Energy in a Neoliberal Southern Africa” was published in the book ‘Human Rights and the Environment under African Union Law” (Palgrave Macmillan, August 2020). This was a project that brought together African environmental and human rights law scholars from around Africa.

The team at Advocates4Earth continues to fight against environmental injustice, biodiversity degradation and abuse of constitutional environmental laws as we enter into September.

CONTINUED.......

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WORLD ELEPHANTS DAY

EDITOR’S NOTE

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Welcome to the second issue of The Advocate-

STORY BY: RUFARO MASIKA

he world elephant’s day was commemorated on the 12th of August. It is a day that has been created to bring the world together to help elephants. It is a day to honour elephants and spread awareness about the critical threats they are facing and to support positive solutions that will help support their survival. Many people gave their views in terms of wildlife conservation .Some people voiced that animals do not have rights and that people should have access to selling them while others complained of the increase human/elephant conflicts but we at Advocates4Earth stand our ground.

Elephants must be protected and have rights to live in their indigenous homeland without being exported to foreign land where they may die if they fail to adapt to the climate or become stressed and bored as they will be living in zoos with restricted movement. Our Zimbabwean elephants deserve to roam freely and be wild animals not to be kept as pets. The organisation actually has an ongoing case against ZIMPRKS and Wildlife Management Authority. The case arose out of Advocates4Earths concerns that the capture, export and trade of wild elephants in Zimbabwe is being done in ways that potentially violate environmental and access to human rights in Zimbabwe

- Read full story

s4Earth Monthly E-Newsletter. Advocates4Earth is a Non-Profit Organisation which comprises of activist environmental lawyers and non-lawyers fighting for environmental, climate and wildlife justice. The team is made up of environmental activists, lawyers, volunteers, policy researchers, technical people, journalists and scientists standing up for environmental, climate and wildlife justice in Zimbabwe and the Global South.

The organisation has initiated public interest litigation on sensitive issues such as wildlife capture and trade in Zimbabwe. Our vision is to see an environmentally just and more equal world where people and species have legally-protected environmental, climate and wildlife justice rights especially in Zimbabwe and the Global South.

Advocates4Earth aims to build, strengthen, educate and inform the world on global movement for environmental law, climate and wildlife justice.

Advocates4Earth provides a number of services in the public interest and in the interest of the environment: •Legal services •Lobbying and promoting the interests of clients, species and stakeholders on environmental, climate and wildlife justice at local, central and multinational governance levels.

•Advocacy services to raise public and legislative awareness on environmental, climate and wildlife justice-related problems and solutions.

•Social media and online e-newsletter and e-statements on environmental, climate and wildlife justice.

•Research and consultancy services •Fund raising for environmental, climate and wildlife justice.

•Training and e-educational services on environmental laws and policies to communities, legislators and other interested parties.

For more information contact: +263 719 678 928 or visit our Facebook/Twitter/Instagram pages @advocates4earth, www.advocates4earth.org THANK YOU

Natasha Tinotenda Kane

(Press and Communications Assistant)

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4 mate change including loss of biodiversity, decreased and increased precipitation, drought, health impacts.

She also highlighted that climate change is affecting everyone but there are those who are more vulnerable than others. She closed her presentation with a quote that said ‘It is our hope as young people that we continue being a source of inspiration to others through guarding our planet jealously, demanding and advocating for good policies that are environmentally friendly and taking action through small initiatives to reduce climate change impacts’.

“ WE WONT HAVE A SOCIETY IF WE DESTROY THE ENVIRONMENT.” -Margaret Mead ...CONTINUED FROM PG2......

The webinar focused on four themes namely 1) Understanding climate change and its causes, 2) Impacts of climate change, 3) Climate justice and mitigation The first theme on understanding climate change and its causes was presented by Nkosilathi Nyathi, the Youth climate Ambassador for UNICEF Zimbabwe and Greenline Africa. He managed to give a comprehensive and detailed presentation on climate change and its causes highlighting that the major causes of climate change are anthropogenic and it is up to us as humans to mitigate climate change in order to secure a sustainable future.

The second theme on Impacts of climate change was presented by Elizabeth Gulugulu the Project Manager from African Youth Initiative on Climate Change. Elizabeth managed to give detailed information on all the major impacts of cli-

The third theme on Climate justice was presented by Rufaro Matsika the Environmental and Climate Justice Research assistant at Advocates4Earth.She managed to articulate that climate justice acknowledges climate change can have differing social, economic, health and other adverse impacts on underprivileged populations. It was highlighted that the greatest climate injustice is the fact that those who are being affected most by climate change are the ones who were least responsible for contributing to climate change. The global south is the one that is suffering the greatest when the Global north is the one responsible for the major greenhouse gases which caused the major shift in climate.

The last theme on climate change mitigation and adaptation was presented by DR K.Phiri, A senior lecturer at Lupane State University-Department of Development Studies. Dr Phiri managed to distinguish between mitigation and adaption. He also zeroed in on Zimbabwe and how we can respond to climate change through adaptation and resilience, encouraging diversity, sustainable development, mitigation and community based adaptation. He mentioned that everyone has a role to play in responding to the climate crisis and highlighted the role of the government and role of the civil society and media in adaptation.

Overally the webinar was well attended and was a success. Most of the participants seemed to have more questions on climate justice and requested if we can have more webinars on climate justice since it isn’t a widely spoken of phenomenon. So in the near future we are going to conduct more webinars focusing on climate justice. We would like to thank all the participants who managed to attend and a special thanks to all the panellists who took their precious time to share their invaluable knowledge.

REPORT BY RUFARO MATSIKA (Environmental and Climate Justice

5 KNOW YOUR ENVIRONMENTAL RIGHTS – PART ONE

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It is our duty to guard our environment jealously and this is done by reconciling economic development with the protection of the environment.

nvironmental problems are very much indiscriminate; this entails that they affect each and every one of us, be it climate change, pollution and habitat loss. We entirely depend on the services offered by the environment and these are food, raw materials, energy, fibre and most importantly oxygen.

Environmental law consists of all legal principles that regulate subject matters like conservation, pollution control and land use control.

INTERNATIONAL LAW: THE DECLARATION OF HUMAN RIGHTS AND THE ENVIRONMENT To begin with, the 1994 Declaration of Human Rights and the Environment of 1994 which was then domesticated into our Constitution provides that, “All persons have the right to a secure, healthy and ecologically sound environment. This right and other human rights, including civil, cultural, economic, political and social rights, are universal, interdependent and indivisible” The interpretation of the above quote brings one to the conclusion that environmental rights are critically important just as any other human right!

CONSTITUTION OF ZIMBABWE AMENDMENT (NO.20) ACT 2013 The Constitution of Zimbabwe is the supreme law of our land and it also dedicates a provision that deals with environmental rights. (a) Environmental rights (section 73) Section 73 of the Constitution provides that; “(1) Every person has the right(a) to an environment that is not harmful to their health or well-being; and (b) to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that- i. prevent pollution and other ecological degradation; ii. promote conservation; and iii. secure ecologically sustainable development and use of natural resources while promoting economic and social development (2) The state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section” This section offers environmental rights as human rights and brings out the fact that we the present generation hold the earth in trust for future. www.advocates4earth.org

(b) Access to information (section 62) Section 62 of the same Constitution offers another privilege that is “Access to Information’’. The section goes and I quote, 1. “Every Zimbabwean citizen or permanent resident, including juristic persons and the Zimbabwean media, has the right to access any information held by the state or by any institution or agency of government at every level, in so far as the information is required in the interests of public accountability. 2. Every person, including the Zimbabwean media, has the right of access to any information held by any person, including the State, in so far as the information is required for the exercise or protection of a right...” public accountability is important for environmental law since everyone is affected by environmental problems we encounter each and every day. (c) The right to food and water (section 77) Food and water are components that we extract from the environment and thus they fall under environmental rights. Section 77 of the Constitution provides that,

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IN THIS PICTURES: #MASK UP CAMPAIGN

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“Every person has the right to(a) Safe, clean and potable water; and (b) Sufficient food: and the state must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.” There are a number of enactments that focus entirely on this rights and these include but not limited to the Water Act [Chapter 20:24], ZINWA Act [Chapter 20:25] and the Public Health Act [Chapter 15:09].

ENVIRONMENTAL MANAGEMENT ACT [Chapter 20:27] The Environmental Management Act is the principal law that provides a broad framework for the conservation and sustainable use of all natural resource. It makes explicit the rights of communities to have access and enjoy the benefits of the country`s biodiversity.

The environmental rights are enshrined in section 4 of the Act and I quote, “(1) Every person shall have a right to – (a) A clean environment that is not harmful to health; and (b) Access to environmental information; and (c) Protect the environment for the benefit of present and future generations and to participate in the implementation of the promulgation of reasonable legislative policy and other measures that- i. Prevent pollution and environmental degradation; and ii. Secure ecologically sustainable management and use of natural resources while promoting justifiable economic and social development This section brings out the same sentiments as articulated in the Constitution. Furthermore, the public can request information from governmental authorities and these authorities are obliged to furnish the public with such information.

In summary, the act provides for: The protection and improvement of the environment Implementation of such laws Prevention of hazards to human beings, other living creatures and plants.

BY TANYARADZWA MUZENDA (Enviromental Law Assistant)

‘THE ENVIRONMENT AND THE ECONOMY ARE REALLY BOTH TWO SIDES OF THE SAME COIN. IF WE CANNOT SUSTAIN THE ENVIRONMENT, WE CANNOT SUSTAIN OURSELVES.” - Wangari Maathai

Q&A

With Mr Shepherd Phiri, Head Keeper at Painted Dog Conservation, Hwange.

QN: What exactly are wild/painted dogs?

Answer: It’s a good question that most people ask, some might think they are just ordinary dogs that were painted by humans, and some confuse them to hyenas or any other animals in the family canidae The painted dog is known by many names, including Cape hunting dog or African wild dog. Its scientific name, Lycaon pictus, means “painted wolf,” referring to the animal’s irregular, mottled coat, which features patches of , black, brown, white, and golden yellow fur. When young probably after birth till 6 weeks pups have black and white colours of which the golden yellow colour develops from the black fur with age.

Each animal has its own unique coat pattern, and all have big, rounded ears.

These long-legged canines have only four toes per foot, unlike other dogs, which have five toes on their forefeet.

I think l have covered all about the description of this species.

QN: What is the current conservation status of the painted/wild dog?

Answer: Painted dogs are now one of the most endangered species. In 100/years’ time painted dogs used to occupy about 39/states of Africa with a viable

9 food? How was that helping in making sure that they are not extinct?

Answer: Yes, the Iganyanas Children Bush Camp is open but since the start of the current Covid-19 lockdown it is close till further notice, and remember it caters for the grade six school kids only, but l really wonder if there is anyone in Zimbabwe who eat a dog lol

Painted Dog / Wild Dog population of about 500000 dogs occupying a variety of habitat but currently according to the IUCN approximately 1% (5000)of its population is now found in approximately 7 countries.

QN: I believe Zimbabwe is one of the countries, where exactly are they found in Zimbabwe?

Answer: Definitely we have them in Zimbabwe, so we can find them in Hwange National Park, Manapools, Zambezi Valley, Save, Gonarezhou, Matusadona and the estimated population of these species in Zimbabwe is +/- 750 QN: Why has the number reduced? Are they killed for any specific reason?

Answer: Mostly l can say anthropogenic based activities, habitat fragmentation, diseases e.g. rabies, canine distemper, and parvovirus. From the human based activities that had led to their decline snaring, and being shot by farmers contributed a lot and road kills. Currently shooting is not that common compared to snaring and the cases are recorded more as compared to any other cause.

QN: Do you think the enforcement of laws protecting painted dogs is efficient or there is need to put more effort?

Answer: Not to a greater extent, because sometimes if our anti-poaching team make arrests that deserve long sentence the accused persons are acquitted or given community service and the same people are caught several times.

QN: I understand that dog packs are tracked and this data helps institute research on various issues towards conservation. About 6yrs ago the data had challenges in consistency to allow effective scientific inference.

How have you improved location data since then in Zimbabwe?

Answer: Currently we have employed a lot trackers, and increased a number of researchers, in areas where there is viable population of dogs, we have delivered data sighting sheets in almost all lodges. So currently data collection is consistency. Now at least one pack member in a certain pack now Whave a GPS Collar.

INTERVIEW BY SANDRA MASIKE (Wildlife and Conservation Assistant )

QN: What’s their role/importance in the ecosystem?

Answer: Balancing the ecosystem by reducing the over population of grazers. Eliminates the sick and the weak leading to the reduction in spread diseases in grazers etc.

QN: Is it true that wild dogs prey on animal whilst still alive....as their hunting tactic Answer: Yes they reap it off by (disembowelling) while the animal is still on run QN: Is Iganyana Bush Camp still open? Why is it that back in the day they would kill the painted dogs for

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LAFARGE DUST EMISSION –AN ENVIRONMENTAL JUSTICE CONCERN

dusty conditions.

Fugitive gases also reduce visibility which can result in driving and workplace accidents. The dust is a nuisance to the residents as it is constantly making their houses dusty.

The case of Lafarge cement is a case of both

According to a report made by Lemuel Chekai (263Chat) residents have complained that the dust has made residing in the community a living hell and they are now strangers to fresh air as they never open their windows for ventilation in order to prevent dust from settling on furniture and linen. This is a case of environmental and social justice and human rights are being violated. Every individual has a right to clean, fresh air and when an industry locates itself in a residential area it must put in place proper cleaner production technologies which prevent dust emissions from reaching residential areas.

environmental and social justice where environmental justice is defined as the fair treatment and meaningful involvement of all people regardless of colour, race, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. It focuses on the fair distribution of environmental benefits and burdens.

In August Lafarge Cement Zimbabwe was ordered to cease operations at its Mabvuku plant by EMA on charges of abnormal dust emissions to the environment.

The organisation as a cement manufacturer has always emitted fugitive dust but last week the concentrations were observed to be higher than usual. When left uncontrolled this poses a risk to the environment and people’s health. Lafarge cement is situated near the Mabvuku residential area and the residents are very vulnerable to dust related diseases such as bronchitis, asthma, emphysema, premature death in individuals with serious lung or heart diseases. These residents are now more susceptible to the Covid 19 because they might now having underlying respiratory diseases.

“THE WORLD IS A JUNGLE, YOU EITHER FIGHT AND DOMINATE OR HIDE AND EVAPORATE.”

The injustice is realised in that the organisation which is responsible for the heavy pollution and earning large amounts of money are not the ones who are being affected most by the dust they are emitting.

The poor surrounding communities who do not have the capacity to adapt are the ones who are facing the biggest burden. Those who work at the plant have adequate workplace health and safety measures put in place to protect them from the dust effects but the Mabvuku community cannot afford that. Where is the justice in this? Those who work there leave the area to go home in posh suburbs where they do not face such

The organisation should also ensure proper tangible corporate social responsibility within the community and view those who live in low income suburbs as humans too, who have rights and a voice. You tend to wonder if this is being done because most people who live in Mabvuku cannot afford a proper litigation process?

Fugitive dust in terms of the environment has an effect of reducing photosynthetic activity of plants as the dust closes the stoma pores and also causes water acidification depending on its chemical composition thereby disturbing

the nutrient balance of water bodies, Lafarge cement in its defence said it experienced the unexpected surge of dust emissions during a trial of alternative fuel in the plant .EMA responded by saying that it serves no genuine purpose for industry to adopt trials that put the environment and public health at risk and companies should always ensure their production lines are water tight to avoid any such detrimental leakages into the environment. EMA however lifted the ban and allowed Lafarge to operate under strict supervision and urged them to abide to the conditions given to them. We hope to see a great change in terms of respecting environmental and human rights.

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STORIES BEYOND ZIMBABWE: THE MAURITIUS OIL SPILL: AN ENVIRONMENTALJUSTICE DISASTER

This year’s oil spill in the Indian Ocean island of

Mauritius was clearly a major environmental disaster, but it is also a disaster for people and it will not affect everyone equally. The spills impact has been felt most keenly by the low income people whose livelihoods are dependent on fishing. The low income communities in the region are heavily dependent on the seafood industry for their jobs and livelihoods their have already been affected by the covid 19 pandemic. Their income was now limited and now this oil spill is going to worsen the situation. So the oil spill has become an environmental injustice as well as an economic one.

Environmental injustice will be felt in the disproportionate distribution of environmental harm suffered by low income communities compared to the high income communities. Inadequate access to healthcare, higher rates of exposure and uncertain plans for long-term health surveillance that frame additional fairness concerns in the aftermath of the spill. The Indian Ocean Island of has declared a state of environmental emergency after a Japanese owned ship that ran aground offshore days ago began spilling tons of oil. The Prime Minister Pravid Jugnauth made the announcement as satellite images showed a dark oil layer spreading in the blue

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waters near environmental areas that the government called very sensitive. The ship was carrying nearly 4000 tonnes of fuel and cracks appered in its hull and started leaking.

The flow of oil has stopped but officials are now rushing to drain an estimated 2500tons of oil from the bulk carrier before it breaks in half and further pollutes the water. Thousands of species around the pristine lagoons of Blue Bay are at risk of drowning in a sea of pollution .Thick muck has coated mangrove forests and unspoiled inlets up and down the coastline ,exacting irreparable harm and undoing years of painstaking conservation work. Resource say that in an attempt to stave off ecological disaster and love for the environment, Mauritius residents are now cutting off their own hair to soak up an oil spill .Because human hair absorbs oils but not water ,scientists have suggested it as a material to contain oil spills into water bodies.

Now Mauritians have launched a campaign to collect massive quantities of human hair across the island for this purpose, (Dharma Noor, 11 August 2020). This emergency is scary for a small country like Mauritius .Its economy is heavily dependent on its beautiful beaches that tourists flock to and the oil disaster will stall the industry and marine life is now in peril.The fuel is also spreading near delicate, biodiverse wetlands, which protect the country from sea level rise.

Green Peace Africa said the incident demonstrated another example of the dangers of using and transporting fossil fuels. The oil crisis aggravates the climate crisis and devastates biodiversity and threatening local livelihoods round some of Africa’s most precious lagoons. Greenpeace Africa senior Climate and Energy Campaign manager Happy Khambule was quoted saying ‘’There is no guaranteed safe way to extract, transport and store fossil fuel products. This oil leak is not a twist of fate, but the choice of our twisted addiction to fossil fuels.’’

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EDITORIAL TEAM

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