Daily Current Affairs : 6-September-2023

The ‘Maya train’ project in Mexico has sparked a heated debate, earning both praise and condemnation. While some hail it as a grand tourist attraction linking the Caribbean to historic Maya sites, others label it a “megaproject of death” due to its potential ecological consequences. This essay delves into the concept of ecocide, its significance, the need for its recognition as a crime, its limitations, and India’s stance on environmental protection.

Ecocide: The Silent Crisis

Defining Ecocide

Ecocide, a term derived from Greek and Latin roots, translates to “killing one’s home” or “environment.” It encompasses a range of harmful activities, including port expansions, deforestation, illegal sand-mining, and polluting rivers. The linkage between environmental destruction and genocide was first noted by biologist Arthur Galston during the Vietnam War when the U.S. military used Agent Orange, a chemical herbicide.

The Legal Landscape

Despite the urgent need for action, the International Criminal Court (ICC) currently does not recognize ecocide as an international crime. However, some countries have already taken steps to criminalize environmental damage that harms humans, animals, and plants. The European Parliament recently voted to enshrine ecocide in law, setting a precedent for global action.

The Imperative for Ecocide as a Crime

Environmental Crisis

The world faces an unprecedented environmental crisis, with over a third of Earth’s species at risk of extinction by 2050, extreme heatwaves, and disrupted weather patterns. The Intergovernmental Panel on Climate Change warns that global climate action remains insufficient.

Global Impact

Recognizing ecocide as a crime could encourage countries to draft their own laws, pressuring the ICC to follow suit. It could also serve as a call for justice for low- and middle-income countries disproportionately affected by climate change.

Challenges and Limitations

Ambiguity in Definition

Some experts argue that the definition of ecocide is ambiguous, with terms like “long-term” and “widespread damage” open to misinterpretation. This ambiguity could lead to challenges in legal cases.

High Threshold of Proof

The requirement to prove ‘ecocide’ may be too high, as environmental disasters are often not caused intentionally or deliberately. The ICC’s limited powers and uneven track record in prosecutions further complicate matters.

India’s Environmental Stance

Legal Personhood of Nature

India has made strides in recognizing the legal personhood of nature, acknowledging rivers as legal entities with rights. The judiciary has emphasized the need to shift from an anthropocentric to an ecocentric approach.

Legislative Framework

India’s legislative framework includes various acts and rules for environmental and ecological governance. However, recent bills have sparked controversy, potentially weakening existing legal protections.

The Way Forward

Liability and Compensation

Addressing issues of liability and compensation is crucial in bridging the gap between environmental protection commitments and action. Instances like the Bhopal gas disaster highlight the urgency of this matter.

Implementation

Efficient implementation of environmental laws is paramount. Allegations of fund misuse in initiatives like CAMPA underscore the need for transparency and accountability.

Important Points:

  • Mexico’s ‘Maya Train’ Project:
    • Hailed as a tourist attraction but criticized as a potential ecological disaster.
    • Debate surrounding its impact on the Yucatán peninsula’s environment and Indigenous communities.
  • Understanding Ecocide:
    • Originating from Greek and Latin, it means “killing one’s home” or “environment.”
    • Encompasses activities like port expansions, deforestation, and pollution.
    • First linked to environmental destruction and genocide during the Vietnam War.
  • The Need for Ecocide as a Crime:
    • Environmental crisis with species extinction, heatwaves, and disrupted weather patterns.
    • Recognizing ecocide as a crime can prompt global action and justice for affected nations.
  • Challenges and Limitations:
    • Ambiguity in the definition of ecocide, leading to potential legal challenges.
    • High threshold of proof and ICC’s limited powers complicate legal proceedings.
  • India’s Environmental Stance:
    • Recognizes legal personhood of nature, granting rights to rivers.
    • Legislation includes acts and rules for environmental governance but faces controversies.
  • The Way Forward:
    • Addressing liability and compensation issues to bridge the gap between commitments and action.
    • Ensuring efficient implementation of environmental laws.
Why In News

The controversial “Maya train” project in Mexico has faced sharp criticism for its detrimental environmental impact, often referred to as a “megaproject of death.” Concerns about the project’s ecological consequences continue to mount as it progresses, raising alarm bells among environmental activists and conservationists.

MCQs about Ecocide

  1. Why is recognizing ecocide as a crime important?
    A. To promote mass destruction of flora and fauna
    B. To encourage environmental destruction
    C. To ensure justice for nations disproportionately affected by climate change
    D. To protect corporate entities from legal liability
    Correct Answer: C. To ensure justice for nations disproportionately affected by climate change
    Explanation: The recognizing ecocide as a crime can lead to justice for low- and middle-income countries disproportionately affected by climate change.
  2. What are some challenges and limitations associated with defining ecocide,?
    A. There is no ambiguity in the definition.
    B. The threshold of proof is too low.
    C. The ICC has unlimited legal powers.
    D. All environmental disasters are caused intentionally.
    Correct Answer: B. The threshold of proof is too low.
    Explanation: Some experts believe the threshold to prove ‘ecocide’ may be too high, not low.
  3. What is the primary concern associated with Mexico’s ‘Maya train’ project ?
    A. Boosting the economy
    B. Cultural heritage preservation
    C. Potential ecological disaster
    D. Enhancing tourism
    Correct Answer: C. Potential ecological disaster
    Explanation: The project is criticized for its potential ecological impact, imperiling the Yucatán peninsula and its rich wilderness, ancient cave systems, and Indigenous communities.

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