Monthly Archives: July 2015

Cuadrilla will appeal Lancashire’s fracking refusal





Shale gas developer Cuadrilla will appeal against Lancashire County Council’s decision to refuse planning permission for its proposed exploratory drilling sites at Roseacre Wood and Preston New Road.

After six months of delay, the council rejected Cuadrilla’s planning application for both sites last month. While environmental campaigners hailed this as a major victory, the threat of an appeal has been looming in the background ever since. Councillors were advised at the time that their rulings would likely be subject to appeal.

Bob Dennett, one of the founders of Frack Free Lancashire, told DeSmog UK: “This is not unexpected. Personally, I expected them to take a little bit longer to announce that they were going to an appeal but they have done it. We are ready for it.”

Dennett added that the group is planning to fight against Cuadrilla’s appeal. “It’s safe to say that we have sufficient grounds to fight their appeal and we have the legal teams lined up ready to do it.”

Cuadrilla planning saga will last well into 2016

But Francis Egan, Cuadrilla’s chief executive, said in a statement: “I understand that some people would prefer that we did not appeal but I am confident that we will demonstrate to Lancashire and the UK that shale gas exploration and fracking is not only safe but represents a very real opportunity to create jobs, fuel businesses, heat UK homes and stimulate significant local economic growth.”

He added that the company was committed to engaging with local communities to reassure them that fracking could be undertaken safely.

In addition to the two drilling sites, Cuadrilla will also be appealing the council’s refusal of a separate planning application to install seismic and groundwater monitoring stations at the proposed Preston New Road exploration site.

While a similar proposal for Roseacre Wood was approved by the council, Cuadrilla will be appealing “certain conditions imposed on this planning consent”.

All of this means that the Lancashire fracking saga is likely to be drawn out even longer now, as appeals for planning permission typically take about six months to be decided upon, according to the Planning Inspectorate; about a third of all appeals are successful.

A real test of Government’s commitment to ‘localism’

The fracking company’s plans for appeal confirm many people’s fears that central government might seek to overturn a local planning decision. This is despite much talk from Chancellor George Osborne about devolving powers in the north, as well as the government stressing the importance of community views on wind power.

In June, Communities Secretary Greg Clark announced that local residents will be given the final say over whether onshore wind farm applications get the go-ahead in their area.

In the event that Cuadrilla’s appeal lands on Clark’s desk, should he decide to ‘call in’ the appeal, questions are likely to be raised about whether this same intention to back local people “on the issues that really matter to them”, as Clark put it, will be applied to fracking.

Furqan Naeem, Friends of the Earth’s North West campaigner, argued: “An appeal will put further pressure on residents who have been fighting to keep their community free from this filthy industry for four years now. Cuadrilla bullied their way into a second change to make the case for fracking in January, they don’t need a third.

“David Cameron must stick to his commitment that fracking decisions belong with local councils and not allow Lancashire’s decisions to be overturned.”

 


 

Kyla Mandel & Ben Lucas write for DeSmog.uk, where this article was originally published.

 






Permanent Peoples’ Tribunal puts fracking on trial





A coalition of human rights lawyers and academics has today been granted an opportunity to put fracking on trial at hearings to be held by the Permanent Peoples’ Tribunal (PPT) in the UK and the US.

The PPT is an international opinion tribunal, independent of state authority. Its activities include identifying and publicising cases of systematic violation of fundamental rights, especially where national and international legislation fails to defend the right of the people.

It issues authoritative ‘rulings’ of a legal but non-binding nature against those responsible for violations of these rights. Past high-profile PPT sessions have heard the cases of:

  • the communities of Chernobyl;
  • workers in garment industries;
  • those affected by the operations of the Freeport / Rio Tinto gold mine in West Papua
  • those affected by the Monsanto corporation;
  • the victims of industrial hazards such as occurred in Bhopal, India, where 15,000 local residents were killed by toxic gas that leaked from the Union Carbide Corporation factory in 1984.

With the latter case, the PPT sessions helped improve the medical facilities for the victims – an obligation undertaken by Union Carbide as part of the controversial settlement with the Government of India.

They also served as a source of embarrassment to both parties about the enduring inadequacy of Union Carbide’s response; and it led to the adoption of the Charter on Industrial Hazards and Human Rights.

The PPT’s decision to hold a session on hydraulic fracturing and other unconventional fossil fuel extraction processes follows an application was made by three groups: the Global Network for the Study of Human Rights and the Environment (GNHRE), the Environment and Human Rights Advisory (EHRA) and the Human Rights Consortium (HRC).

Why a PPT on fracking?

The extreme energy process of fracking has taken place around the world in spite of powerful public opposition and with large numbers of citizens claiming that their human rights have been completely disregarded by the corporations involved and by the public officials who are meant to protect and represent the public.

The PPT on fracking will examine such allegations in an ‘even handed and judicial way’ and will consider the indictment of nation states, rather than the industry itself, because it is these states, and not the fracking companies, who bear a direct legal responsibility to human rights law.

The human rights dimensions of the full range of oft cited impacts will be examined: the health of human and non-human animals, environmental, climatic, seismic, hydrologic and economic impacts – as well as those on local physical and social infrastructures.

Testimony is invited from witnesses all over the world – some of whom may also wish to hold preliminary mini-tribunals in their own countries. Evidence and findings from those early tribunals can then be submitted to the later plenary hearings in the US and UK which, in turn, will play an important role in laying down an informal but highly expert precedent, with potential for future use in national and international courts of law.

At the hearings, between five and seven jurists of high standing in international human rights law will judge whether sufficient evidence exists to indict certain States on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

Submitted evidence for these hearings will include personal witness narratives, expert testimony on the practices and impacts of fracking, findings from preliminary hearings in other countries, peer reviewed research, reports from preparatory academic round tables, Human Rights Impact Assessments and other forms of evidence.

Anna Grear, Director of GNHRE in London, explains, “the PPT will play a vital role in presenting and rehearsing testimony, arguments and law to lay down an informal but expert precedent, with potential for future use in national and international courts of law.

“It aims to produce a highly influential, legally literate and serious judgment of the issues by some of the world’s finest legal minds as a trail blazing example for future legal actions.

And she stresses the open and democratic nature of its proceedings: “This really is a Peoples’ tribunal. It belongs to communities and individuals from all over the world. It will also educate a wide range of parties and the general public about the human rights dimensions of fracking.”

Justice is for everyone (who can pay for it)

In sociological terms the law is seen as a social construction in which power, money and political privilege play a significant role in the creation of law, in its application, and in access to justice. Even in democracies, as Sir James Mathew once said, justice is open to all, like the Ritz Hotel.”

Worse still, in today’s increasingly neoliberal world, powerful transnational corporations are now frequently involved in laws’ creation, and indeed its manipulation, such that the vast majority of the social and environmental harms they produce are either technically ‘legal’ or weakly regulated.

Partly in response to this, new initiatives for the ‘doing of law‘ have emerged, including the PPT, which seek to provide an alternative to the dominant law of the powerful.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of legal experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries.

The PPT is rooted in the historical experiences of the Bertrand Russell War Crimes Tribunals (1966-67) – originally an activist initiative to indict the US Government for the war in Vietnam, and on the dictatorships in Latin America (1974-1976).

The aim of the PPT is to recover the authority of the people when states and international bodies fail to protect them for whatever reasons, be they geopolitical or because the revolving door between ‘business’ and political representation is now more like an open corridor.

We cannot tolerate the ‘crime of silence’ about injustice

Complaints heard by PPTs are submitted by those who have suffered harms, or by groups or individuals representing them. PPTs call together all parties concerned and offer the defendants the possibility to make their own arguments heard.

The panel of judges is selected for each case by combining members who belong to a permanent list and individuals who are recognized for their competence and integrity. PPTs have emerged as enduring sites for the systematic documenting of harms and alternative judgements of wrongs.

Jayan Nayar, who developed the Basso Foundation’s Peoples’ Law Programme, has argued that PPTs refuse to accept the power of law to negate the suffering of peoples by normalizing violence, naming it a ‘misfortune’.

The struggle is against the “crime of silence” as Bertrand Russell put it, which enables the powerful to silence the voices of pain through the processes of politics and law – in the courts, in the legislative bodies of state, in international negotiations, in the media and in education.

Thus PPTs give priority to marginalized voices, and no cause of peoples’ struggle is outside PPT jurisdiction. From June 1979 to the present date the PPT has held some 40 sessions whose results and judgements are available here.

As Nayar points out, “it is true that the PPT has no power to compel the ‘accused’ to appear before it, nor to enforce its judgement, (but) rather, it serves as a legitimating forum. Its judgements stand as a public record of the truth – and of the crime of denial.

“The doing of law for the PPT is essentially a process of listening, giving to the narratives of suffering the dignity denied them elsewhere.”

 


 

More information: see tribunalonfracking.org where there are details of how to submit testimony, organise smaller national pre-PPT initiatives and help with the crowd funding of costs. Hearings are scheduled for March 2017 in the United States and in the United Kingdom.

Dr Damien Short is director of the Human Rights Consortium at the School of Advanced Study, University of London.

Also on The Ecologist:

 






Cuadrilla will appeal Lancashire’s fracking refusal





Shale gas developer Cuadrilla will appeal against Lancashire County Council’s decision to refuse planning permission for its proposed exploratory drilling sites at Roseacre Wood and Preston New Road.

After six months of delay, the council rejected Cuadrilla’s planning application for both sites last month. While environmental campaigners hailed this as a major victory, the threat of an appeal has been looming in the background ever since. Councillors were advised at the time that their rulings would likely be subject to appeal.

Bob Dennett, one of the founders of Frack Free Lancashire, told DeSmog UK: “This is not unexpected. Personally, I expected them to take a little bit longer to announce that they were going to an appeal but they have done it. We are ready for it.”

Dennett added that the group is planning to fight against Cuadrilla’s appeal. “It’s safe to say that we have sufficient grounds to fight their appeal and we have the legal teams lined up ready to do it.”

Cuadrilla planning saga will last well into 2016

But Francis Egan, Cuadrilla’s chief executive, said in a statement: “I understand that some people would prefer that we did not appeal but I am confident that we will demonstrate to Lancashire and the UK that shale gas exploration and fracking is not only safe but represents a very real opportunity to create jobs, fuel businesses, heat UK homes and stimulate significant local economic growth.”

He added that the company was committed to engaging with local communities to reassure them that fracking could be undertaken safely.

In addition to the two drilling sites, Cuadrilla will also be appealing the council’s refusal of a separate planning application to install seismic and groundwater monitoring stations at the proposed Preston New Road exploration site.

While a similar proposal for Roseacre Wood was approved by the council, Cuadrilla will be appealing “certain conditions imposed on this planning consent”.

All of this means that the Lancashire fracking saga is likely to be drawn out even longer now, as appeals for planning permission typically take about six months to be decided upon, according to the Planning Inspectorate; about a third of all appeals are successful.

A real test of Government’s commitment to ‘localism’

The fracking company’s plans for appeal confirm many people’s fears that central government might seek to overturn a local planning decision. This is despite much talk from Chancellor George Osborne about devolving powers in the north, as well as the government stressing the importance of community views on wind power.

In June, Communities Secretary Greg Clark announced that local residents will be given the final say over whether onshore wind farm applications get the go-ahead in their area.

In the event that Cuadrilla’s appeal lands on Clark’s desk, should he decide to ‘call in’ the appeal, questions are likely to be raised about whether this same intention to back local people “on the issues that really matter to them”, as Clark put it, will be applied to fracking.

Furqan Naeem, Friends of the Earth’s North West campaigner, argued: “An appeal will put further pressure on residents who have been fighting to keep their community free from this filthy industry for four years now. Cuadrilla bullied their way into a second change to make the case for fracking in January, they don’t need a third.

“David Cameron must stick to his commitment that fracking decisions belong with local councils and not allow Lancashire’s decisions to be overturned.”

 


 

Kyla Mandel & Ben Lucas write for DeSmog.uk, where this article was originally published.

 






Permanent Peoples’ Tribunal puts fracking on trial





A coalition of human rights lawyers and academics has today been granted an opportunity to put fracking on trial at hearings to be held by the Permanent Peoples’ Tribunal (PPT) in the UK and the US.

The PPT is an international opinion tribunal, independent of state authority. Its activities include identifying and publicising cases of systematic violation of fundamental rights, especially where national and international legislation fails to defend the right of the people.

It issues authoritative ‘rulings’ of a legal but non-binding nature against those responsible for violations of these rights. Past high-profile PPT sessions have heard the cases of:

  • the communities of Chernobyl;
  • workers in garment industries;
  • those affected by the operations of the Freeport / Rio Tinto gold mine in West Papua
  • those affected by the Monsanto corporation;
  • the victims of industrial hazards such as occurred in Bhopal, India, where 15,000 local residents were killed by toxic gas that leaked from the Union Carbide Corporation factory in 1984.

With the latter case, the PPT sessions helped improve the medical facilities for the victims – an obligation undertaken by Union Carbide as part of the controversial settlement with the Government of India.

They also served as a source of embarrassment to both parties about the enduring inadequacy of Union Carbide’s response; and it led to the adoption of the Charter on Industrial Hazards and Human Rights.

The PPT’s decision to hold a session on hydraulic fracturing and other unconventional fossil fuel extraction processes follows an application was made by three groups: the Global Network for the Study of Human Rights and the Environment (GNHRE), the Environment and Human Rights Advisory (EHRA) and the Human Rights Consortium (HRC).

Why a PPT on fracking?

The extreme energy process of fracking has taken place around the world in spite of powerful public opposition and with large numbers of citizens claiming that their human rights have been completely disregarded by the corporations involved and by the public officials who are meant to protect and represent the public.

The PPT on fracking will examine such allegations in an ‘even handed and judicial way’ and will consider the indictment of nation states, rather than the industry itself, because it is these states, and not the fracking companies, who bear a direct legal responsibility to human rights law.

The human rights dimensions of the full range of oft cited impacts will be examined: the health of human and non-human animals, environmental, climatic, seismic, hydrologic and economic impacts – as well as those on local physical and social infrastructures.

Testimony is invited from witnesses all over the world – some of whom may also wish to hold preliminary mini-tribunals in their own countries. Evidence and findings from those early tribunals can then be submitted to the later plenary hearings in the US and UK which, in turn, will play an important role in laying down an informal but highly expert precedent, with potential for future use in national and international courts of law.

At the hearings, between five and seven jurists of high standing in international human rights law will judge whether sufficient evidence exists to indict certain States on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

Submitted evidence for these hearings will include personal witness narratives, expert testimony on the practices and impacts of fracking, findings from preliminary hearings in other countries, peer reviewed research, reports from preparatory academic round tables, Human Rights Impact Assessments and other forms of evidence.

Anna Grear, Director of GNHRE in London, explains, “the PPT will play a vital role in presenting and rehearsing testimony, arguments and law to lay down an informal but expert precedent, with potential for future use in national and international courts of law.

“It aims to produce a highly influential, legally literate and serious judgment of the issues by some of the world’s finest legal minds as a trail blazing example for future legal actions.

And she stresses the open and democratic nature of its proceedings: “This really is a Peoples’ tribunal. It belongs to communities and individuals from all over the world. It will also educate a wide range of parties and the general public about the human rights dimensions of fracking.”

Justice is for everyone (who can pay for it)

In sociological terms the law is seen as a social construction in which power, money and political privilege play a significant role in the creation of law, in its application, and in access to justice. Even in democracies, as Sir James Mathew once said, justice is open to all, like the Ritz Hotel.”

Worse still, in today’s increasingly neoliberal world, powerful transnational corporations are now frequently involved in laws’ creation, and indeed its manipulation, such that the vast majority of the social and environmental harms they produce are either technically ‘legal’ or weakly regulated.

Partly in response to this, new initiatives for the ‘doing of law‘ have emerged, including the PPT, which seek to provide an alternative to the dominant law of the powerful.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of legal experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries.

The PPT is rooted in the historical experiences of the Bertrand Russell War Crimes Tribunals (1966-67) – originally an activist initiative to indict the US Government for the war in Vietnam, and on the dictatorships in Latin America (1974-1976).

The aim of the PPT is to recover the authority of the people when states and international bodies fail to protect them for whatever reasons, be they geopolitical or because the revolving door between ‘business’ and political representation is now more like an open corridor.

We cannot tolerate the ‘crime of silence’ about injustice

Complaints heard by PPTs are submitted by those who have suffered harms, or by groups or individuals representing them. PPTs call together all parties concerned and offer the defendants the possibility to make their own arguments heard.

The panel of judges is selected for each case by combining members who belong to a permanent list and individuals who are recognized for their competence and integrity. PPTs have emerged as enduring sites for the systematic documenting of harms and alternative judgements of wrongs.

Jayan Nayar, who developed the Basso Foundation’s Peoples’ Law Programme, has argued that PPTs refuse to accept the power of law to negate the suffering of peoples by normalizing violence, naming it a ‘misfortune’.

The struggle is against the “crime of silence” as Bertrand Russell put it, which enables the powerful to silence the voices of pain through the processes of politics and law – in the courts, in the legislative bodies of state, in international negotiations, in the media and in education.

Thus PPTs give priority to marginalized voices, and no cause of peoples’ struggle is outside PPT jurisdiction. From June 1979 to the present date the PPT has held some 40 sessions whose results and judgements are available here.

As Nayar points out, “it is true that the PPT has no power to compel the ‘accused’ to appear before it, nor to enforce its judgement, (but) rather, it serves as a legitimating forum. Its judgements stand as a public record of the truth – and of the crime of denial.

“The doing of law for the PPT is essentially a process of listening, giving to the narratives of suffering the dignity denied them elsewhere.”

 


 

More information: see tribunalonfracking.org where there are details of how to submit testimony, organise smaller national pre-PPT initiatives and help with the crowd funding of costs. Hearings are scheduled for March 2017 in the United States and in the United Kingdom.

Dr Damien Short is director of the Human Rights Consortium at the School of Advanced Study, University of London.

Also on The Ecologist:

 






Permanent Peoples’ Tribunal puts fracking on trial





A coalition of human rights lawyers and academics has today been granted an opportunity to put fracking on trial at hearings to be held by the Permanent Peoples’ Tribunal (PPT) in the UK and the US.

The PPT is an international opinion tribunal, independent of state authority. Its activities include identifying and publicising cases of systematic violation of fundamental rights, especially where national and international legislation fails to defend the right of the people.

It issues authoritative ‘rulings’ of a legal but non-binding nature against those responsible for violations of these rights. Past high-profile PPT sessions have heard the cases of:

  • the communities of Chernobyl;
  • workers in garment industries;
  • those affected by the operations of the Freeport / Rio Tinto gold mine in West Papua
  • those affected by the Monsanto corporation;
  • the victims of industrial hazards such as occurred in Bhopal, India, where 15,000 local residents were killed by toxic gas that leaked from the Union Carbide Corporation factory in 1984.

With the latter case, the PPT sessions helped improve the medical facilities for the victims – an obligation undertaken by Union Carbide as part of the controversial settlement with the Government of India.

They also served as a source of embarrassment to both parties about the enduring inadequacy of Union Carbide’s response; and it led to the adoption of the Charter on Industrial Hazards and Human Rights.

The PPT’s decision to hold a session on hydraulic fracturing and other unconventional fossil fuel extraction processes follows an application was made by three groups: the Global Network for the Study of Human Rights and the Environment (GNHRE), the Environment and Human Rights Advisory (EHRA) and the Human Rights Consortium (HRC).

Why a PPT on fracking?

The extreme energy process of fracking has taken place around the world in spite of powerful public opposition and with large numbers of citizens claiming that their human rights have been completely disregarded by the corporations involved and by the public officials who are meant to protect and represent the public.

The PPT on fracking will examine such allegations in an ‘even handed and judicial way’ and will consider the indictment of nation states, rather than the industry itself, because it is these states, and not the fracking companies, who bear a direct legal responsibility to human rights law.

The human rights dimensions of the full range of oft cited impacts will be examined: the health of human and non-human animals, environmental, climatic, seismic, hydrologic and economic impacts – as well as those on local physical and social infrastructures.

Testimony is invited from witnesses all over the world – some of whom may also wish to hold preliminary mini-tribunals in their own countries. Evidence and findings from those early tribunals can then be submitted to the later plenary hearings in the US and UK which, in turn, will play an important role in laying down an informal but highly expert precedent, with potential for future use in national and international courts of law.

At the hearings, between five and seven jurists of high standing in international human rights law will judge whether sufficient evidence exists to indict certain States on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

Submitted evidence for these hearings will include personal witness narratives, expert testimony on the practices and impacts of fracking, findings from preliminary hearings in other countries, peer reviewed research, reports from preparatory academic round tables, Human Rights Impact Assessments and other forms of evidence.

Anna Grear, Director of GNHRE in London, explains, “the PPT will play a vital role in presenting and rehearsing testimony, arguments and law to lay down an informal but expert precedent, with potential for future use in national and international courts of law.

“It aims to produce a highly influential, legally literate and serious judgment of the issues by some of the world’s finest legal minds as a trail blazing example for future legal actions.

And she stresses the open and democratic nature of its proceedings: “This really is a Peoples’ tribunal. It belongs to communities and individuals from all over the world. It will also educate a wide range of parties and the general public about the human rights dimensions of fracking.”

Justice is for everyone (who can pay for it)

In sociological terms the law is seen as a social construction in which power, money and political privilege play a significant role in the creation of law, in its application, and in access to justice. Even in democracies, as Sir James Mathew once said, justice is open to all, like the Ritz Hotel.”

Worse still, in today’s increasingly neoliberal world, powerful transnational corporations are now frequently involved in laws’ creation, and indeed its manipulation, such that the vast majority of the social and environmental harms they produce are either technically ‘legal’ or weakly regulated.

Partly in response to this, new initiatives for the ‘doing of law‘ have emerged, including the PPT, which seek to provide an alternative to the dominant law of the powerful.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of legal experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries.

The PPT is rooted in the historical experiences of the Bertrand Russell War Crimes Tribunals (1966-67) – originally an activist initiative to indict the US Government for the war in Vietnam, and on the dictatorships in Latin America (1974-1976).

The aim of the PPT is to recover the authority of the people when states and international bodies fail to protect them for whatever reasons, be they geopolitical or because the revolving door between ‘business’ and political representation is now more like an open corridor.

We cannot tolerate the ‘crime of silence’ about injustice

Complaints heard by PPTs are submitted by those who have suffered harms, or by groups or individuals representing them. PPTs call together all parties concerned and offer the defendants the possibility to make their own arguments heard.

The panel of judges is selected for each case by combining members who belong to a permanent list and individuals who are recognized for their competence and integrity. PPTs have emerged as enduring sites for the systematic documenting of harms and alternative judgements of wrongs.

Jayan Nayar, who developed the Basso Foundation’s Peoples’ Law Programme, has argued that PPTs refuse to accept the power of law to negate the suffering of peoples by normalizing violence, naming it a ‘misfortune’.

The struggle is against the “crime of silence” as Bertrand Russell put it, which enables the powerful to silence the voices of pain through the processes of politics and law – in the courts, in the legislative bodies of state, in international negotiations, in the media and in education.

Thus PPTs give priority to marginalized voices, and no cause of peoples’ struggle is outside PPT jurisdiction. From June 1979 to the present date the PPT has held some 40 sessions whose results and judgements are available here.

As Nayar points out, “it is true that the PPT has no power to compel the ‘accused’ to appear before it, nor to enforce its judgement, (but) rather, it serves as a legitimating forum. Its judgements stand as a public record of the truth – and of the crime of denial.

“The doing of law for the PPT is essentially a process of listening, giving to the narratives of suffering the dignity denied them elsewhere.”

 


 

More information: see tribunalonfracking.org where there are details of how to submit testimony, organise smaller national pre-PPT initiatives and help with the crowd funding of costs. Hearings are scheduled for March 2017 in the United States and in the United Kingdom.

Dr Damien Short is director of the Human Rights Consortium at the School of Advanced Study, University of London.

Also on The Ecologist:

 






Permanent Peoples’ Tribunal puts fracking on trial





A coalition of human rights lawyers and academics has today been granted an opportunity to put fracking on trial at hearings to be held by the Permanent Peoples’ Tribunal (PPT) in the UK and the US.

The PPT is an international opinion tribunal, independent of state authority. Its activities include identifying and publicising cases of systematic violation of fundamental rights, especially where national and international legislation fails to defend the right of the people.

It issues authoritative ‘rulings’ of a legal but non-binding nature against those responsible for violations of these rights. Past high-profile PPT sessions have heard the cases of:

  • the communities of Chernobyl;
  • workers in garment industries;
  • those affected by the operations of the Freeport / Rio Tinto gold mine in West Papua
  • those affected by the Monsanto corporation;
  • the victims of industrial hazards such as occurred in Bhopal, India, where 15,000 local residents were killed by toxic gas that leaked from the Union Carbide Corporation factory in 1984.

With the latter case, the PPT sessions helped improve the medical facilities for the victims – an obligation undertaken by Union Carbide as part of the controversial settlement with the Government of India.

They also served as a source of embarrassment to both parties about the enduring inadequacy of Union Carbide’s response; and it led to the adoption of the Charter on Industrial Hazards and Human Rights.

The PPT’s decision to hold a session on hydraulic fracturing and other unconventional fossil fuel extraction processes follows an application was made by three groups: the Global Network for the Study of Human Rights and the Environment (GNHRE), the Environment and Human Rights Advisory (EHRA) and the Human Rights Consortium (HRC).

Why a PPT on fracking?

The extreme energy process of fracking has taken place around the world in spite of powerful public opposition and with large numbers of citizens claiming that their human rights have been completely disregarded by the corporations involved and by the public officials who are meant to protect and represent the public.

The PPT on fracking will examine such allegations in an ‘even handed and judicial way’ and will consider the indictment of nation states, rather than the industry itself, because it is these states, and not the fracking companies, who bear a direct legal responsibility to human rights law.

The human rights dimensions of the full range of oft cited impacts will be examined: the health of human and non-human animals, environmental, climatic, seismic, hydrologic and economic impacts – as well as those on local physical and social infrastructures.

Testimony is invited from witnesses all over the world – some of whom may also wish to hold preliminary mini-tribunals in their own countries. Evidence and findings from those early tribunals can then be submitted to the later plenary hearings in the US and UK which, in turn, will play an important role in laying down an informal but highly expert precedent, with potential for future use in national and international courts of law.

At the hearings, between five and seven jurists of high standing in international human rights law will judge whether sufficient evidence exists to indict certain States on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

Submitted evidence for these hearings will include personal witness narratives, expert testimony on the practices and impacts of fracking, findings from preliminary hearings in other countries, peer reviewed research, reports from preparatory academic round tables, Human Rights Impact Assessments and other forms of evidence.

Anna Grear, Director of GNHRE in London, explains, “the PPT will play a vital role in presenting and rehearsing testimony, arguments and law to lay down an informal but expert precedent, with potential for future use in national and international courts of law.

“It aims to produce a highly influential, legally literate and serious judgment of the issues by some of the world’s finest legal minds as a trail blazing example for future legal actions.

And she stresses the open and democratic nature of its proceedings: “This really is a Peoples’ tribunal. It belongs to communities and individuals from all over the world. It will also educate a wide range of parties and the general public about the human rights dimensions of fracking.”

Justice is for everyone (who can pay for it)

In sociological terms the law is seen as a social construction in which power, money and political privilege play a significant role in the creation of law, in its application, and in access to justice. Even in democracies, as Sir James Mathew once said, justice is open to all, like the Ritz Hotel.”

Worse still, in today’s increasingly neoliberal world, powerful transnational corporations are now frequently involved in laws’ creation, and indeed its manipulation, such that the vast majority of the social and environmental harms they produce are either technically ‘legal’ or weakly regulated.

Partly in response to this, new initiatives for the ‘doing of law‘ have emerged, including the PPT, which seek to provide an alternative to the dominant law of the powerful.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of legal experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries.

The PPT is rooted in the historical experiences of the Bertrand Russell War Crimes Tribunals (1966-67) – originally an activist initiative to indict the US Government for the war in Vietnam, and on the dictatorships in Latin America (1974-1976).

The aim of the PPT is to recover the authority of the people when states and international bodies fail to protect them for whatever reasons, be they geopolitical or because the revolving door between ‘business’ and political representation is now more like an open corridor.

We cannot tolerate the ‘crime of silence’ about injustice

Complaints heard by PPTs are submitted by those who have suffered harms, or by groups or individuals representing them. PPTs call together all parties concerned and offer the defendants the possibility to make their own arguments heard.

The panel of judges is selected for each case by combining members who belong to a permanent list and individuals who are recognized for their competence and integrity. PPTs have emerged as enduring sites for the systematic documenting of harms and alternative judgements of wrongs.

Jayan Nayar, who developed the Basso Foundation’s Peoples’ Law Programme, has argued that PPTs refuse to accept the power of law to negate the suffering of peoples by normalizing violence, naming it a ‘misfortune’.

The struggle is against the “crime of silence” as Bertrand Russell put it, which enables the powerful to silence the voices of pain through the processes of politics and law – in the courts, in the legislative bodies of state, in international negotiations, in the media and in education.

Thus PPTs give priority to marginalized voices, and no cause of peoples’ struggle is outside PPT jurisdiction. From June 1979 to the present date the PPT has held some 40 sessions whose results and judgements are available here.

As Nayar points out, “it is true that the PPT has no power to compel the ‘accused’ to appear before it, nor to enforce its judgement, (but) rather, it serves as a legitimating forum. Its judgements stand as a public record of the truth – and of the crime of denial.

“The doing of law for the PPT is essentially a process of listening, giving to the narratives of suffering the dignity denied them elsewhere.”

 


 

More information: see tribunalonfracking.org where there are details of how to submit testimony, organise smaller national pre-PPT initiatives and help with the crowd funding of costs. Hearings are scheduled for March 2017 in the United States and in the United Kingdom.

Dr Damien Short is director of the Human Rights Consortium at the School of Advanced Study, University of London.

Also on The Ecologist:

 






Permanent Peoples’ Tribunal puts fracking on trial





A coalition of human rights lawyers and academics has today been granted an opportunity to put fracking on trial at hearings to be held by the Permanent Peoples’ Tribunal (PPT) in the UK and the US.

The PPT is an international opinion tribunal, independent of state authority. Its activities include identifying and publicising cases of systematic violation of fundamental rights, especially where national and international legislation fails to defend the right of the people.

It issues authoritative ‘rulings’ of a legal but non-binding nature against those responsible for violations of these rights. Past high-profile PPT sessions have heard the cases of:

  • the communities of Chernobyl;
  • workers in garment industries;
  • those affected by the operations of the Freeport / Rio Tinto gold mine in West Papua
  • those affected by the Monsanto corporation;
  • the victims of industrial hazards such as occurred in Bhopal, India, where 15,000 local residents were killed by toxic gas that leaked from the Union Carbide Corporation factory in 1984.

With the latter case, the PPT sessions helped improve the medical facilities for the victims – an obligation undertaken by Union Carbide as part of the controversial settlement with the Government of India.

They also served as a source of embarrassment to both parties about the enduring inadequacy of Union Carbide’s response; and it led to the adoption of the Charter on Industrial Hazards and Human Rights.

The PPT’s decision to hold a session on hydraulic fracturing and other unconventional fossil fuel extraction processes follows an application was made by three groups: the Global Network for the Study of Human Rights and the Environment (GNHRE), the Environment and Human Rights Advisory (EHRA) and the Human Rights Consortium (HRC).

Why a PPT on fracking?

The extreme energy process of fracking has taken place around the world in spite of powerful public opposition and with large numbers of citizens claiming that their human rights have been completely disregarded by the corporations involved and by the public officials who are meant to protect and represent the public.

The PPT on fracking will examine such allegations in an ‘even handed and judicial way’ and will consider the indictment of nation states, rather than the industry itself, because it is these states, and not the fracking companies, who bear a direct legal responsibility to human rights law.

The human rights dimensions of the full range of oft cited impacts will be examined: the health of human and non-human animals, environmental, climatic, seismic, hydrologic and economic impacts – as well as those on local physical and social infrastructures.

Testimony is invited from witnesses all over the world – some of whom may also wish to hold preliminary mini-tribunals in their own countries. Evidence and findings from those early tribunals can then be submitted to the later plenary hearings in the US and UK which, in turn, will play an important role in laying down an informal but highly expert precedent, with potential for future use in national and international courts of law.

At the hearings, between five and seven jurists of high standing in international human rights law will judge whether sufficient evidence exists to indict certain States on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

Submitted evidence for these hearings will include personal witness narratives, expert testimony on the practices and impacts of fracking, findings from preliminary hearings in other countries, peer reviewed research, reports from preparatory academic round tables, Human Rights Impact Assessments and other forms of evidence.

Anna Grear, Director of GNHRE in London, explains, “the PPT will play a vital role in presenting and rehearsing testimony, arguments and law to lay down an informal but expert precedent, with potential for future use in national and international courts of law.

“It aims to produce a highly influential, legally literate and serious judgment of the issues by some of the world’s finest legal minds as a trail blazing example for future legal actions.

And she stresses the open and democratic nature of its proceedings: “This really is a Peoples’ tribunal. It belongs to communities and individuals from all over the world. It will also educate a wide range of parties and the general public about the human rights dimensions of fracking.”

Justice is for everyone (who can pay for it)

In sociological terms the law is seen as a social construction in which power, money and political privilege play a significant role in the creation of law, in its application, and in access to justice. Even in democracies, as Sir James Mathew once said, justice is open to all, like the Ritz Hotel.”

Worse still, in today’s increasingly neoliberal world, powerful transnational corporations are now frequently involved in laws’ creation, and indeed its manipulation, such that the vast majority of the social and environmental harms they produce are either technically ‘legal’ or weakly regulated.

Partly in response to this, new initiatives for the ‘doing of law‘ have emerged, including the PPT, which seek to provide an alternative to the dominant law of the powerful.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of legal experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries.

The PPT is rooted in the historical experiences of the Bertrand Russell War Crimes Tribunals (1966-67) – originally an activist initiative to indict the US Government for the war in Vietnam, and on the dictatorships in Latin America (1974-1976).

The aim of the PPT is to recover the authority of the people when states and international bodies fail to protect them for whatever reasons, be they geopolitical or because the revolving door between ‘business’ and political representation is now more like an open corridor.

We cannot tolerate the ‘crime of silence’ about injustice

Complaints heard by PPTs are submitted by those who have suffered harms, or by groups or individuals representing them. PPTs call together all parties concerned and offer the defendants the possibility to make their own arguments heard.

The panel of judges is selected for each case by combining members who belong to a permanent list and individuals who are recognized for their competence and integrity. PPTs have emerged as enduring sites for the systematic documenting of harms and alternative judgements of wrongs.

Jayan Nayar, who developed the Basso Foundation’s Peoples’ Law Programme, has argued that PPTs refuse to accept the power of law to negate the suffering of peoples by normalizing violence, naming it a ‘misfortune’.

The struggle is against the “crime of silence” as Bertrand Russell put it, which enables the powerful to silence the voices of pain through the processes of politics and law – in the courts, in the legislative bodies of state, in international negotiations, in the media and in education.

Thus PPTs give priority to marginalized voices, and no cause of peoples’ struggle is outside PPT jurisdiction. From June 1979 to the present date the PPT has held some 40 sessions whose results and judgements are available here.

As Nayar points out, “it is true that the PPT has no power to compel the ‘accused’ to appear before it, nor to enforce its judgement, (but) rather, it serves as a legitimating forum. Its judgements stand as a public record of the truth – and of the crime of denial.

“The doing of law for the PPT is essentially a process of listening, giving to the narratives of suffering the dignity denied them elsewhere.”

 


 

More information: see tribunalonfracking.org where there are details of how to submit testimony, organise smaller national pre-PPT initiatives and help with the crowd funding of costs. Hearings are scheduled for March 2017 in the United States and in the United Kingdom.

Dr Damien Short is director of the Human Rights Consortium at the School of Advanced Study, University of London.

Also on The Ecologist:

 






Permanent Peoples’ Tribunal puts fracking on trial





A coalition of human rights lawyers and academics has today been granted an opportunity to put fracking on trial at hearings to be held by the Permanent Peoples’ Tribunal (PPT) in the UK and the US.

The PPT is an international opinion tribunal, independent of state authority. Its activities include identifying and publicising cases of systematic violation of fundamental rights, especially where national and international legislation fails to defend the right of the people.

It issues authoritative ‘rulings’ of a legal but non-binding nature against those responsible for violations of these rights. Past high-profile PPT sessions have heard the cases of:

  • the communities of Chernobyl;
  • workers in garment industries;
  • those affected by the operations of the Freeport / Rio Tinto gold mine in West Papua
  • those affected by the Monsanto corporation;
  • the victims of industrial hazards such as occurred in Bhopal, India, where 15,000 local residents were killed by toxic gas that leaked from the Union Carbide Corporation factory in 1984.

With the latter case, the PPT sessions helped improve the medical facilities for the victims – an obligation undertaken by Union Carbide as part of the controversial settlement with the Government of India.

They also served as a source of embarrassment to both parties about the enduring inadequacy of Union Carbide’s response; and it led to the adoption of the Charter on Industrial Hazards and Human Rights.

The PPT’s decision to hold a session on hydraulic fracturing and other unconventional fossil fuel extraction processes follows an application was made by three groups: the Global Network for the Study of Human Rights and the Environment (GNHRE), the Environment and Human Rights Advisory (EHRA) and the Human Rights Consortium (HRC).

Why a PPT on fracking?

The extreme energy process of fracking has taken place around the world in spite of powerful public opposition and with large numbers of citizens claiming that their human rights have been completely disregarded by the corporations involved and by the public officials who are meant to protect and represent the public.

The PPT on fracking will examine such allegations in an ‘even handed and judicial way’ and will consider the indictment of nation states, rather than the industry itself, because it is these states, and not the fracking companies, who bear a direct legal responsibility to human rights law.

The human rights dimensions of the full range of oft cited impacts will be examined: the health of human and non-human animals, environmental, climatic, seismic, hydrologic and economic impacts – as well as those on local physical and social infrastructures.

Testimony is invited from witnesses all over the world – some of whom may also wish to hold preliminary mini-tribunals in their own countries. Evidence and findings from those early tribunals can then be submitted to the later plenary hearings in the US and UK which, in turn, will play an important role in laying down an informal but highly expert precedent, with potential for future use in national and international courts of law.

At the hearings, between five and seven jurists of high standing in international human rights law will judge whether sufficient evidence exists to indict certain States on charges of “failing to adequately uphold universal human rights as a result of allowing unconventional oil and gas extraction in their jurisdictions.”

Submitted evidence for these hearings will include personal witness narratives, expert testimony on the practices and impacts of fracking, findings from preliminary hearings in other countries, peer reviewed research, reports from preparatory academic round tables, Human Rights Impact Assessments and other forms of evidence.

Anna Grear, Director of GNHRE in London, explains, “the PPT will play a vital role in presenting and rehearsing testimony, arguments and law to lay down an informal but expert precedent, with potential for future use in national and international courts of law.

“It aims to produce a highly influential, legally literate and serious judgment of the issues by some of the world’s finest legal minds as a trail blazing example for future legal actions.

And she stresses the open and democratic nature of its proceedings: “This really is a Peoples’ tribunal. It belongs to communities and individuals from all over the world. It will also educate a wide range of parties and the general public about the human rights dimensions of fracking.”

Justice is for everyone (who can pay for it)

In sociological terms the law is seen as a social construction in which power, money and political privilege play a significant role in the creation of law, in its application, and in access to justice. Even in democracies, as Sir James Mathew once said, justice is open to all, like the Ritz Hotel.”

Worse still, in today’s increasingly neoliberal world, powerful transnational corporations are now frequently involved in laws’ creation, and indeed its manipulation, such that the vast majority of the social and environmental harms they produce are either technically ‘legal’ or weakly regulated.

Partly in response to this, new initiatives for the ‘doing of law‘ have emerged, including the PPT, which seek to provide an alternative to the dominant law of the powerful.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of legal experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries.

The PPT is rooted in the historical experiences of the Bertrand Russell War Crimes Tribunals (1966-67) – originally an activist initiative to indict the US Government for the war in Vietnam, and on the dictatorships in Latin America (1974-1976).

The aim of the PPT is to recover the authority of the people when states and international bodies fail to protect them for whatever reasons, be they geopolitical or because the revolving door between ‘business’ and political representation is now more like an open corridor.

We cannot tolerate the ‘crime of silence’ about injustice

Complaints heard by PPTs are submitted by those who have suffered harms, or by groups or individuals representing them. PPTs call together all parties concerned and offer the defendants the possibility to make their own arguments heard.

The panel of judges is selected for each case by combining members who belong to a permanent list and individuals who are recognized for their competence and integrity. PPTs have emerged as enduring sites for the systematic documenting of harms and alternative judgements of wrongs.

Jayan Nayar, who developed the Basso Foundation’s Peoples’ Law Programme, has argued that PPTs refuse to accept the power of law to negate the suffering of peoples by normalizing violence, naming it a ‘misfortune’.

The struggle is against the “crime of silence” as Bertrand Russell put it, which enables the powerful to silence the voices of pain through the processes of politics and law – in the courts, in the legislative bodies of state, in international negotiations, in the media and in education.

Thus PPTs give priority to marginalized voices, and no cause of peoples’ struggle is outside PPT jurisdiction. From June 1979 to the present date the PPT has held some 40 sessions whose results and judgements are available here.

As Nayar points out, “it is true that the PPT has no power to compel the ‘accused’ to appear before it, nor to enforce its judgement, (but) rather, it serves as a legitimating forum. Its judgements stand as a public record of the truth – and of the crime of denial.

“The doing of law for the PPT is essentially a process of listening, giving to the narratives of suffering the dignity denied them elsewhere.”

 


 

More information: see tribunalonfracking.org where there are details of how to submit testimony, organise smaller national pre-PPT initiatives and help with the crowd funding of costs. Hearings are scheduled for March 2017 in the United States and in the United Kingdom.

Dr Damien Short is director of the Human Rights Consortium at the School of Advanced Study, University of London.

Also on The Ecologist:

 






Bee cause: Germany tightens, UK relaxes neonic regulation





An Emergency Ordinance comes into force in Germany today restricting neonicotinoid pesticides in order to protect agains the mass die-off of bees.

The Ordinance prohibits the trade and the sowing of winter cereals and canola seeds treated with plant protection products containing certain neonicotinoids.

“It is important to protect the vitality and health of the whole of nature and us humans, and the fate of our bees is a great concern”, said Federal Agriculture Minister Christian Schmidt, shorly after signing the regulation yesterday.

“With this regulation we are protecting the bees against dust-borne insecticides. This benefits both the bees as an important part of nature, as well as the farmers, who depend on the pollination of their crops by the bees.”

Since 2013 the EU has prohibited the three neonic agents clothianidin, imidacloprid and thiamethoxam for seed treatment for spring-sown canola (oilseed rape), corn and sunflower. The ban is maintained by Germany, and the Ordinance now extends the EU ban to include winter-sown crops treated with the same insecticides. 

Indications of problems with neonics first surfaced in Germany in 2008, when 700 beekeepers on the Upper Rhine suffered the sudden deaths of their bee colonies after farmers planted maize seeds treated with the insecticide clothianidin.

This neonic insecticide damages the brood in beehives, destroys bees’ memory and the sense of direction, and disrupts their thermoregulation. Researchers concluded that the wind had blown the neurotoxin to the neighboring wild flower, rape seed and fruit blossoms.

But in England, neonic ban is relaxed

By contrast with Germany UK Agriculture Secretary Liz Truss yesterday approved an application by the National Farmers Union (NFU) to use neonic-dressed seeds this autumn to protect oilseed rape crops from the ‘cabbage stem flea beetle’.

The treated seeds will be permitted over an area of around 30,000ha mainly in the east of England where the pest poses the biggest threat, covering roughly 5% of England’s oilseed rape crop. The emergency permission allows two products, Syngenta’s ‘Cruiser OSR’ and Bayer’s ‘Modesto’, to be used for a 120 day period.

According to a Defra spokesman, “We have fully applied the precautionary ban on the use of neonicotinoids introduced by the EU, and we make decisions on pesticides based on the science only once the regulators are satisfied they are safe to people and the environment. 

“Based on the evidence, we have followed the advice of the UK Expert Committee on Pesticides and our Chief Scientist that a limited emergency authorisation of two pesticides requested by farmers should be granted in areas where oil rape crops are at greatest risk of pest damage.”

The NFU’s vice president Guy Smith said he was “glad to finally see a positive result”, adding: “However, we know that this isn’t enough – flea beetle threat is widespread problem on a national scale and the extremely limited nature of this authorisation is not going to help many farmers in need of the protection.”

But Friends of the Earth bees campaigner Paul de Zylva attacked the decision: “It’s scandalous that the Government has caved in to NFU pressure and given permission for some farmers to use banned pesticides that have been shown to harm our precious bees.

“Ever more scientific evidence shows just how dangerous these chemicals are to bees and other pollinators – they should have no place in our fields and gardens.”

Why the secrecy?

The process whereby the Committee on Pesticides reached its decision has also been criticised as the detailed proceedings of a crucial meeting on 20th May, normally published after three weeks, have been withheld at government request, in a breach of the committee’s terms of reference.

According to a report in the Guardian, the committee actually advised against granting the NFU the permission it sought in the May meeting. It would appear to have now consented to it in a meeting of 7th July, however the agenda and minutes remain unpublished.

The report accuses the government of having “gagged its own pesticide advisers, after they refused to back an application by the National Farmers Union to lift a ban on bee-harming chemicals. The gag is intended to prevent campaigners lobbying ministers on the issue.”

Even the NFU’s application forms are being kept secret, despite requests from MPs for their publication. The farming minister, George Eustice claimed that this was because the information in the applications was “commercially sensitive”.

De Sylva commented: “The threat to Britain’s bees from rising pesticide use is of huge public interest. But the secrecy and lack of information surrounding this crucial issue is astonishing. If the government and farmers put as much effort into reversing bee decline as they do playing politics over pesticides and bee health we might have less of a bee problem.”

Scientific evidence

Scientific research has proven that the ‘neonics’ are highly toxic to bees even at very low concentrations, and most especially to wild species including bumblebees.

In January 2013 the European Food Safety Authority announced that neonicotinoids pose “an unacceptable risk” to bees, and in April the EU approved a two-year moratorium on the most damaging uses of three of the chemicals, clothianidin, imidacloprid and thiamethoxam, to take effect in December.

Earlier this year the European Academies Science Advisory Council concluded that these banned pesticides don’t just kill bees, they wreak “havoc” with other insects and plants in the wider countryside too.

This followed earlier work published in July 2014 showing that the impact of neonics reverberated through the entire food chain, even hitting bird populations.

 






Rewilding isn’t about nostalgia – exciting new worlds are possible





The restoration of natural ecosystems – ‘rewilding’ – ought to be a chance to create inspiring new habitats.

However the movement around it risks becoming trapped by its own reverence of the past – an overly nostalgic position that makes rewilding less realistic and harder to achieve.

The recent launch of Rewilding Britain is certainly exciting and timely. However George Monbiot’s vision of bringing back 15 iconic species falls short of the rewilding visions being discussed in universities.

These are emerging from advances in functional ecology and Earth system science. The vision of rewilding is more ambitious: it is about restoring ecological processes through reassembling the species that drive them. For example rooting by wild boars has repercussions throughout a woodland ecosystem.

Such animals shouldn’t be reintroduced simply because they were once there, but because they could do something productive in future.

Don’t go native

Monbiot’s quest to restore ‘lost’ species harks back to a past age. However many conservation scientists are more relaxed concerning the question of ‘nativenes’. They are willing to consider introducing non-native species if they contribute a functional role in ecosystems, and they view the past not as a benchmark to preserve or replicate but as an inspiration for ecosystem restoration.

For instance, ‘Monbiot’s 15’ omits the auroch and tarpan which are classed as extinct. However in the 1980s progressive Dutch ecologists realised that their functional analogues survived as cattle and ponies and their ecological role could be restored through ‘de-domestication’.

They set about de-domesticating them at the famous Oostvaardersplassen reserve (see photo) located a 40 minute drive from Amsterdam. This produced a ‘Serengeti-like’ landscape: a type of nature unknown to Europe since humans settled down and started farming.

The OVP, as it is known, made nature conservation political again and has become a landmark public experiment in ecology. I first visited it with a group of students in 2003 when we travelled to the Netherlands to meet the radical ecologist Frans Vera and engage with the controversies created by rewilding.

The reserve is created on reclaimed land and opponents argued that the fences and flood control created an artifical landscape that undermined any claims to its authenticity as a restored ecosystem.

More seriously the policy of allowing the cattle and ponies to die of ‘natural’ starvation enraged animal welfare and farmer groups who believed they should be subjected to the same welfare standards applied to animals in labs, farms and zoos.

The controversies surrounding the experiment, Vera’s hypothesis that Europe’s original vegetation was wood-pasture rather than high-forest, and other radical rewilding visions are inspiring a re-examination of the fundamental premise of nature conservation.

Rewilding’s big chance

I recently published a Rewilding agenda for Europe in the journal Ecography, as my contribution to the European Council’s ‘fitness check’ of its nature legislation. The Birds and Habitats directives under review derive from the science and policy context of the 1970s. They are ageing. Both science and society have moved on.

Any revisions to European nature legislation should support the creation of experimental rewilding sites. Across the UK we could imagine the creation of wild cattle and pony steppe-lands on the Ridgeway, wild boar and deer-driven woodland ecosystems in Wales, and a Scottish arcadia of bison, moose, wolves and pine forest.

We also need many more OVP-like public rewilding experiments close to urban areas. These would be contained sites that inspire and inform the public about scientific advances, and provoke us all to ask: what sort of nature do we want for the future?

Rewilding might offer fresh solutions to intractable conservation problems. For example, conservationists want to remove pine trees introduced to the Sefton Coast dune system near Liverpool but local residents love them for their scenic grandeur and red squirrels.

The famous Formby footprints dating from 2500 BC show that humans, wild cattle, deer and wolf once inhabited these coastal areas. Suggesting the reintroducing of wild cattle and companion herbivores and seeing what happens might prompt a unified vision for the dunes.

Reinvigorating conservation

In practice rewilding is constrained by regulations on biohazards, public access and animal husbandry – and rigid and powerful 20th century conservation legislation and agencies which have no real incentive to innovate.

Conservation institutions need to modernise but no one wants to dismantle them and start over. We need designated spaces with regulatory flexibility – experimental rewilding sites – where we can plan future natures that will improve the quality of life for people and the planet.

Ordinary people are disenfranchised. Conservation policy is influenced by a coordinated lobby of a few big charities who have built their organisational models on the institutional structures of the late 20th century. George Monbiot’s vision catches the attention but advocates of rewilding need to develop realistic policy mechanisms to take their ideas forward.

Rewilding experiments would give space for wider reflection and debate and give our conservation institutions time to adapt. Crucially they would reinvigorate conservation as a cultural force in the 21st century.

 


 

Paul Jepson is Course Director, MSc Biodiversity, Conservation and Management at University of Oxford.

This article was originally published on The Conversation. Read the original article.

The Conversation