COP21 – Is the jubilation warranted?

There was a resounding tone of history being made over the weekend in Paris. UN Secretary General Ban Ki-moon was close to tears as he declared: “We have entered a new era of global cooperation on one of the most complex issues ever to confront humanity.” President Françoise Holland told the representatives of 186 nations: “You’ve done it, reached an ambitious agreement, a binding agreement, a universal agreement… You can be proud to stand before your children and grandchildren.”

COP21 leaders celebrating their historic agreement in Paris

And it wasn’t just our political leaders who declared victory. The Guardian boldly proclaimed “the end of the fossil fuel era.” Prominent environmental organizations such as Climate Reality Project joyously announced: “This is the turning point… We won!” Even progressive grassroots organizations are delighted. “Today is a historic day,” writes “We did it!” cheers Avaaz, “A turning point in human history.” How justified is this sense of triumph?

Much of the jubilation stems from the contrast to the mess of the Copenhagen summit six years ago. At that time, all attempts at an agreement collapsed in disarray, leaving the environmental movement in a state of deep depression. Since then, much of the planning around COP21 has been to avoid a rerun of that fiasco. Instead of calling for commitments from countries, the UN merely asked for intentions. Instead of targeting a realistic trajectory to save our civilization, the parties merely noted that much more needs to be done. If you set the bar low enough, even the smallest step feels like success.

In fact, not everyone has joined the ovation. Prominent climate scientist James Hansen – the first to bring awareness of the climate crisis to Washington – called it “a fraud really, a fake.” Other groups, particularly those focused on the needs of the global south, agree with his take. In this alternative account of the Paris Agreement, 186 countries arrived at an emissions plan that puts the world on a trajectory for more than a 3° C rise in temperature by 2100. They’ve all agreed this plan is woefully inadequate, but decided to do nothing about it for another five years, when they will re-examine their targets. Their agreement made no mention that the vast majority of fossil fuels are unburnable if we are to prevent climate catastrophe, contained no discussion of the huge contribution to global warming made by industrial agriculture, and ignored crucial issues such as deforestation and indigenous rights. In spite of the consensus among prominent economists around the world on the need for a worldwide price on carbon, the deal avoided any mention of that idea.

Indigenous leaders held a press conference to demand recognition of their human rights during the COP21 proceedings

There was no mention, either, of reducing the $5.3 trillion spent every year on worldwide subsidies to fossil fuels. Even though the wealthy nations have emitted 60% of the carbon in the atmosphere, they agreed only to “mobilize” $100 billion per year of the $1 trillion per year it will take to develop a fossil-free economy, mostly to be spent by developing nations – an amount they won’t review for another ten years. Meanwhile, the developing countries most vulnerable to climate disruption, desperate to get the wealthier nations to agree on a global temperature rise goal of less than 2°, were forced to give up their right to seek compensation for the present and future devastation caused by the developed countries’ pollution.

But, in spite of its gaping shortcomings, I do believe something important and historic emerged from COP21. It’s not so much the size of the step the world has taken, as the change in direction. Until now, the world has failed to agree even on the target we need to achieve. At Copenhagen, the parties merely noted the scientific consensus that a 2° C rise in global temperature above pre-industrial levels would likely lead to runaway feedback effects, and since then that number became the de facto objective. Yet, out of the blue, in the early days of COP21, a so-called High Ambition coalition of countries began talking about a 1.5° target, which, given that we’re already at 0.9° increase, is a truly aggressive goal. And although the 1.5° number didn’t quite make it to the final agreement, the countries did agree to aim for a temperature rise far below the 2° level, along with a goal of net zero carbon emissions by the second half of this century.

These new targets create a stark contrast between where the world agrees we need to go and where we’re currently headed. In fact, I would call it a chasm. Currently, fossil fuels account for 86% of the world’s energy, and that has barely changed over the last ten years. At the current rate of emissions, even according to Shell’s own climate advisor, we’ll be passing the threshold for a 1.5°C temperature rise by as early as 2028. Drastic changes will need to be made to every aspect of our economy – and fast – if we are to have any hope of reaching the Paris Agreement’s goal.

Renewables still represent a tiny sliver of the world’s energy consumption – that has to change drastically and rapidly

It is that very chasm, though, between target and current reality that gives cause for hope. As a result of it, we can expect far more talk about unburnable carbon. Divestment from fossil fuel corporations’ stock will become widespread as their market valuations are seen to be based on fantasy. The growing grassroots movement to “Leave It In The Ground” will become ever more unstoppable. A worldwide price on carbon, placed on it as it comes out of the ground, will soon become part of the public discourse. The renewable energy transformation, already under way, will burst into mainstream awareness.

The point is, as observes, that “Paris isn’t the end of the story, but a conclusion of a particular chapter.” It’s a chapter that has demonstrated clearly the power of the citizens’ movement. When Christiana Figueres, head of the climate talks, gave her closing speech to the summit, she emphasized the importance of the popular movement in forcing politicians to accept a new reality. “When in 2014,” she said, “hundreds of thousands of people marched in the streets of New York, it was then that we knew that we had the power of the people on our side.”

Citizen power was in evidence throughout COP21, in spite of the ban on public demonstrations. From the thousands of shoes placed in Place de la Republique before the conference began, to the golden sun painted ingeniously by Greenpeace around the Arc de Triomphe, the politicians in the Blue Zone knew their discussions were being closely watched by millions of citizens around the globe. Avaaz tells how, after the Indian Finance Minister came out against 100% clean energy, activists projected films of Chennai under water on a screen inside the talks along with messages from across India. The next day, India’s official position had changed.

With Chennai inundated by floods, India’s Finance Minister was balking at the goal of 100% clean energy

Environmental organizations combined forces to focus the calls of millions of people worldwide for real action at COP21. On the last day of the conference, we the people had the last word, with over 15,000 of us ignoring the earlier ban on public gatherings to congregate on the road leading to the Arc de Triomphe, holding long red strips of cloth to symbolize redlines that we won’t allow the global corporate power structures to cross.

One of the key principles of the Paris Agreement is that the nations will continue to meet every five years to strengthen their emission cuts until they reach adequate levels. It is as though the politicians, recognizing their own inability to solve the problem themselves, are inviting the people of the world to put further pressure on them in the coming years, to make sure those emission cuts finally get to what we need. And the climate movement is ready to take them up on it. In the words of co-founder Bill McKibben:

For the next few years our job is to yell and scream at governments everywhere to get up off the couch, to put down the chips, to run faster faster faster. We’ll fan out around the world in May to the sites of all the world’s carbon bombs; we’ll go to jail if we have to. We’ll push… Think of us as a pack of wolves. Exxon, we’re on your heels. America, China, India – that’s us, getting closer all the time. You need speed. It’s our only chance.

There has never been a more important time to be part of the movement. A leading environmental analyst, Hans Joachim Schellnhuber, surmised that this moment “is a turning point in the human enterprise, where the great transformation towards sustainability begins.” Whether his hopeful words become a true prophecy depends more than ever on each of us, and our own commitment to drag our politicians to a world they seemingly cannot get to by themselves.


Creating New Norms: The Rights of Nature Tribunal

This week, here in Paris, we saw what may turn out to be a major milestone in the history of humankind. I’m not talking about COP21, but about a 2-day tribunal which, although having no legal standing or powers of enforcement, may turn out to have an even greater impact on the future direction of our world. It was a Rights of Nature tribunal, and it represents the most recent step in an important and hopeful journey for humanity – the recognition and expansion of intrinsic legal rights.

Some historical context helps. Back in 1792, Thomas Paine, author of The Rights of Man, was tried and convicted in absentia by the British for seditious libel. Paine’s troubles arose from the fact that he was blazing a new trail that has since become the bedrock of modern political thought: the inherent rights of human beings.

Paine’s writing deeply influenced the composers of the U.S. Declaration of Independence, one of the most influential documents of modern history. “We hold these truths to be self-evident,” it declared, “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

These truths, while self-evident to the founding fathers, were radical ideas for that time, so much so that even those who signed the Declaration applied them sketchily, not even considering that they might apply equally to the Africans forced to work as slaves in their plantations.

Thomas Paine’s “The Rights of Man” was a revolutionary document in his time.

By the middle of the twentieth century, in response to the totalitarian horrors of genocide, the world came together to create a new stirring vision that would apply equally to all human beings: the United Nations’ Universal Declaration of Human Rights. For the first time in history, fundamental human rights were universally recognized and given legal protection.

Of course, these rights continue to be abused in all kinds of ways. But new norms had been established, and nowadays, following the formation of the International Criminal Court, when a tyrant wreaks havoc on his population, he knows that he might have to face legal consequences from the rest of the world.

As we enter into the heart of the twenty-first century, a new set of crises face humanity: the ravages of climate change, deforestation, industrial agriculture, the destruction of natural habitats, and the impending Sixth Extinction of species. Like Paine and his associates, a new group of visionaries are expounding a revolutionary concept that responds to our troubled era: the Rights of Nature.

This week in Paris, this group held a 2-day Rights of Nature Tribunal, part of which I had the honor to attend and film. The Tribunal was based on the idea that nature also has rights, just like humans. Its foundational document is a Universal Declaration of the Rights of Mother Earth, calling for the “universal adoption and implementation of legal systems that recognize, respect and enforce the rights of nature.”

The Tribunal was a formal proceeding, with a panel of thirteen judges consisting of internationally renowned lawyers, academics and prominent activists. There were Prosecutors for the Earth, along with witnesses – comprising human victims of crimes against nature along with expert witnesses. They heard a wide variety of cases, ranging from the destruction of the Great Barrier Reef, the devastation of boreal forests by tar sands extraction in Alberta, Canada, and oil exploitation plundering sacred native lands in Yasuní, Ecuador. In each case, after hearing from prosecutors and witnesses, the Tribunal considered the evidence and passed judgement.

The swearing in of the panel of judges at the beginning of the Rights of Nature Tribunal

The same year that the UN promulgated its Universal Declaration of Human Rights, it also defined the crime of genocide for the first time, adopting a convention to outlaw it across the world. Similarly, the Rights of Nature Tribunal focused much attention on the crime of ecocide, defined in legal terms as “any act or failure to act which causes significant and durable damage to any part or system of the global commons, or threaten the safety of humankind.” Through the lens of the ecocide concept, the Tribunal assessed the “financialization” of Nature through market mechanisms as a crime rather than a solution, crimes committed by the Agro-Food Industry, and crimes being committed against those defending Mother Earth.

Meanwhile, crimes committed against nature have been happening not only in remote places – what journalist Chris Hedges has termed our civilization’s “sacrifice zones” – but only a few miles from the Tribunal in the Le Bourget district just outside Paris, where world leaders are negotiating plans to respond to climate change. Summing up the proceedings on the last day, environmental lawyer Linda Sheehan took the stand to indict the working draft of the COP21 agreement for failing to comply with the United Nations’ own laws, and for ignoring the rights of nature and the world’s indigenous peoples.

Environmental lawyer, Linda Sheehan, indicting the COP21 proceedings at the conclusion of the Rights of Nature Tribunal in Paris. [Click on the link in the text above to view on YouTube.]
Formal as the proceedings were, they lack legal standing, and the world’s governments and multinational corporations continue on with their crimes against nature. However, even that is beginning to change. In 2008, Ecuador was the first nation in the world to adopt a new constitution formally recognizing the rights of nature. Since then, other nations and municipalities around the world are beginning to follow suit. Last year, for example, California’s Mendocino County passed a community bill of rights to make fracking illegal, based on the community’s right to a clean ecosystem without manipulation from corporations.

The significance of the Tribunal, as described by the founder of the Rights of Nature movement, Cormac Cullinan, in his summing up, is that it establishes a prototype for what is possible, a new legal discourse that could become mainstream before too long. The Tribunal, as he put it, is “setting the standard for new norms in the relationship between human civilization and the natural world.”

It took over a hundred and fifty years before the grand vision of Thomas Paine would be endorsed by the entire world through the UN’s declaration. We don’t have that long nowadays. But with the speed in which ideas travel in today’s world, we can be hopeful that these new norms will become a commonplace in our own lifetime. Each of us has a part to play in this, by opening our minds to these new possibilities, and turning them into realities on the ground, just like the citizens of Ecuador and Mendocino County.

By the end of this century, if our civilization continues to exist, it may be in no small part due to the ideas propounded today about the Rights of Nature. Perhaps, at that time, someone will look back and see this week’s Tribunal as a milestone in the global embrace of the “truths” that may, by then, seem “self-evident” to people everywhere.