<<

WFUNA International Model United Nations A(WIMUN)/6/4 ​ ​ General Assembly

Distr.: Limited Jan 7, 2020 Original: English

Sixth Session Agenda Item 8

Harmony with Nature

Report of the Secretary-General

Summary

Harmony with Nature aims to inspire citizens and societies to reconsider ​ how they interact with the natural world. It is based on the premise that we are part of Nature, never above it and marks a paradigm shift in the relationship between humankind and Nature. While a human-centered worldview is based on the notion that the Earth’s resources can be exploited at will for our exclusive benefit, an Earth-centered worldview is based on the notion that our well-being is derived from the well-being of the Earth. In other words, human rights are dependent on Nature's rights.

For the greater part of human existence on this planet, priority has been placed solely on human life to the disadvantage of the Earth and its ecosystems. It has been established that the harm being caused to nature and the environment stems from humanity’s disregard for sustainable production and consumption processes.

The importance of law, policy, and education in promoting a non-anthropocentric relationship between humans and nature cannot be stressed enough. The Earth, like humans, has rights that are increasingly being advanced by governments. Experts on the emerging movement known as Earth Jurisprudence have recommended that its principles be applied in the implementation of all 17 Sustainable Development Goals.

1/

WFUNA International Model United Nations A(WIMUN)/6/4 ​

I. Introduction

1. Public concern over the environment first emerged in the 1960s as a result of major oil spills that occurred when petroleum exploration intensified. It was within this context that Sweden proposed, in 1968, that the United Nations convene an international conference on the human environment that was eventually convened in 1972.

2. The 1972 Stockholm Declaration adopted at the United Nations Conference on the Human Environment, marked the beginning of an era when international agreements started to emerge to limit damages to the environment.

3. In 1982, the United Nations adopted the World Charter on Nature comprised of “five principles of conservation by which all human conduct affecting nature is to be guided and judged.” The first principle (“Nature shall be respected and its essential processes shall not be impaired”) is the precursor to an critical element of Harmony with Nature which stresses that importance of recognizing the rights of nature as a prerequisite of achieving Sustainable Development.

4. The World Charter for Nature acknowledged another important element that is important for understanding the underpinnings of Harmony with Nature, i.e., that “mankind is a part of nature and life depends on the uninterrupted functioning of natural systems which ensure the supply of energy and nutrients.” In other words, mankind is a part of Nature — not above it.

5. The World Charter for Nature goes on to acknowledge that our actions have the potential of being irreparably detrimental to life forms in general “owing to excessive consumption and misuse of natural resources.” The World Charter, therefore, addresses the responsibilities not only of states, but also of international organizations, corporations, groups, and individuals to protect the environment.

6. The World Charter for Nature called for the protection and conservation of nature in all its forms and “that man must acquire the knowledge to maintain and enhance his ability to use natural resources in a manner which ensures the preservation of the species and 1 ecosystems for the benefit of present and future generations.”

7. To reach the goals set forth by the World Charter for Nature, it articulated a number of recommended actions. First among these recommendations is that the decision-making process determining economic policies must take into consideration “that man’s needs can be met only by ensuring the proper functioning of natural systems.”

8. One decade after the World Charter for Nature was adopted, the UN Conference on Environment and Development (otherwise know as the Earth Summit) was held in in Rio ​ de Janeiro, Brazil, in 1992 and asserted, like the World Charter before it, that economic ​ policies of the day were resulting in a deterioration of ecosystems that in turn were leading to increasing levels of poverty, hunger and ill health.

1 World Charter for Nature, Available at https://digitallibrary.un.org/record/39295 ​ ​ ​ ​

2

WFUNA International Model United Nations A(WIMUN)/6/4 ​

9. A number of groundbreaking documents were adopted at the Conference which included a non-binding declaration, called Agenda 21 which reinforced the need to take environmental concerns into consideration when making decisions on economic policies just as the World Charter for Nature had recommended one decade earlier.

10. Another seminal document adopted at the conference was the Rio Declaration on Environment and Development. The Declaration consists of twenty-seven (27) principles that recognize the importance of protecting the environment and set guidelines for doing so. The Declaration is grounded in the idea that the only way to have any form of long term economic growth is to ensure that the environment is properly protected.

11. The Declaration also highlights the connection between eradicating poverty and Sustainable Development. As Principle 5 clearly states: “All States and all people shall cooperate in the essential task of eradicating poverty as an indispensable requirement for sustainable development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world.” This principle was a central component in the Millennium Development Goals and is now a central component of the Sustainable Development Goals.

12. The Rio Declaration has served as the foundation for the legal framework of subsequent documents and resolutions on the environment and development.

13. Actions taken by the international community since the 1960s marked a significant shift in the development agenda from its initial narrow focus on how to spur economic growth around the world (without regard to whether everyone was benefiting equally or how it impacted the environment) to a broader recognition that development must be sustainable. This is most visible in Principle 4 of the Rio Declaration which states: “In order to achieve sustainable development, environmental protection shall constitute an integral 2 part of the development process and cannot be considered in isolation from it.”

14. Subsequent discussions on how to implement Agenda 21 and the Rio Declaration ultimately culminated in the the establishment of International Mother Earth Day on 22 April each year as proclaimed in the 2009 GA resolution A/RES/63/278. Earth Day offers an opportunity for all Member States to reflect upon the damages inflicted upon the Earth and to pay tribute to our home and the source of human life.

15. This resolution reflects the United Nations commitment to promote a harmonious coexistence between mankind and the Earth, so that a balance between the economic, social and environmental needs of the present and future generations can be achieved.

16. The growing concern over the environmental impacts inflicted upon the Earth stemmed from the increasing scarcity of the Earth’s bounties first recognized in the 1982 World 3 Charter for Nature .

2 Rio Declaration on Environment and Development, The United Nations Conference on Environment and ​ Development (1992) Available at https://www.cbd.int/doc/ref/rio-declaration.shtml ​ 3 1982. World Charter For Nature.

3

WFUNA International Model United Nations A(WIMUN)/6/4 ​

17. In December 2009, the United Nations General Assembly adopted its first resolution on 4 Harmony with Nature during its 64th session , recognizing the degradation of the Earth’s bounties and establishing the importance of the Earth to humankind’s existence.

18. In April 2011, the General Assembly held the first of many Interactive Dialogues between Member States, UN Organizations, independent experts and other stakeholders where a new approach to Sustainable Development is being discussed. To promote the Harmony with Nature initiative a new United Nations website on Harmony with Nature was created.

19. Through Harmony with Nature, the General Assembly acknowledges the depletion of the Earth’s resources due to unsustainable patterns of production and consumption that mankind has engaged in since the dawn of the Industrial Revolution and the irreversible damage this is causing to the Earth and her carrying capacity.

20. The loss of , desertification, climate change and the disruption of a number of natural cycles are among the costs of our disregard for Nature and the integrity of its ecosystems and life-supporting processes.

21. Harmony with Nature recognizes that any attempt to address this situation will require establishing a new relationship with the Earth.

22. Just as Agenda 21 and the Rio Declaration marked a a significant shift in the development agenda, the Harmony with Nature initiative has marked an important paradigm shift from a human-centered paradigm to an Earth-centered paradigm.

23. One of the first principles of the Rio Declaration on Environment and Development is that ‘human beings are at the centre of concerns for sustainable development. They are entitled to a healthy and productive life in harmony with nature.” However, what is unique about the Harmony with Nature initiative is that the perception of Nature as a commodity over which mankind has dominion is replaced with the notion that Nature possesses legal rights independent of human concerns and needs, that human rights are dependent on Nature’s rights and that recognizing Nature’s rights is a prerequisite for achieving Sustainable development.

24. This new paradigm has led to an emerging field known as Earth Jurisprudence. Experts in this area affirm that human well-being is linked to the well-being of the Earth and if the Earth is to be recognized as possessing legal rights then it is equally important to protect these rights if human rights are to be protected as well. Earth Jurisprudence seeks to establish laws protecting the rights of Nature. Experts in this field further recommend that the principles of Earth Jurisprudence should be applied in the implementation of all 17 Sustainable Development Goals.

25. During the seventh Interactive Dialogue on Harmony with Nature, the Vice-President of the General Assembly “highlighted the idea that our current human-centered worldview, our laws and our economics had at the core the notion that we lived within a planet that was simply full of ‘resources’ to be exploited at will, for the exclusive benefit of our own

4 2010. A/RES/64/196

4

WFUNA International Model United Nations A(WIMUN)/6/4 ​

species. In contrast, an Earth-centered worldview appreciated that humanity’s well-being was derived from the well-being of the Earth, and that living in Harmony with Nature was necessary to sustaining both human well-being and human rights.”

26. The Under-Secretary-General for Economic and Social Affairs went on to add, “that humanity’s failure to understand what it meant to be part of the natural world had led us to relate to Nature with only our self-interest in mind.”

27. Against this backdrop, many developments are taking place in different countries to recognize the rights of Nature and to pass legislation and consider court cases that recognize these rights.

28. Some examples include: 1) the Constitutional Court of Colombia recognized the rights of the Atrato River and its basin and tributaries in 2016 to a healthy environment when illegal mining activity in the area led to environmental and humanitarian crises, 2) the Parliament of New Zealand granted the Whanganui River legal status as a person when the Maori people voiced concern about the Government’s impact on the health and well-being of the river’s health and 3) the High Court of Uttarakhand, India, granted the Ganga and Yamuna Rivers legal status and ordered three government officials to act as “legal parents” of the rivers and work to protect and preserve them and their tributaries. This trend towards Earth Jurisprudence continues to expand around the world.

29. Earth Jurisprudence is not synonymous with environmental law. Its vision is broader in that is calls for an alternative concept of law and governance for sustainability.

30. Since 2009, 11 resolutions on Harmony with Nature have been adopted that are based on an Earth-centric relationship with Nature. These resolutions contain different perspectives that aim to construct a new paradigm in which the fundamental basis for right and wrong action concerning the environment is grounded not solely in human concerns but in an understanding of the fundamental connection between humanity and Nature and in recognizing the rights of the Earth to exist, thrive and evolve.

II. Challenges

31. The current value systems and lifestyles that are based on a human-centered paradigm are deeply ingrained in modern society and are among the most difficult behaviors to change.

32. As the drive to establish Rights of Nature law and policy grow, one of the major challenges to building support will involve changing our way of thinking through education. Since Harmony with Nature involves a major paradigm shift in the way we conceptualize our relationship with the Earth, there is a need to develop new educational programs in the professional and public spheres to promote Earth Jurisprudence.

5

WFUNA International Model United Nations A(WIMUN)/6/4 ​

33. Advanced Earth Jurisprudence education and formal degree programs are starting to emerge in Africa, Latin America and North America but much more needs to be done.

34. The same is happening in the realm of informal education where academics, civil society organizations, federal courts and research institutes having been hosting seminars at the local, national and international levels. Many examples of both formal and informal education initiatives can be found in the Report of the Secretary-General (A/72/175) 5 published during the 72nd session of the General Assembly.

35. Another challenge in shifting from a human-centered to Earth-centered paradigm will involve education efforts to change consumption and production patterns. One current example is in our consumption of products made from plastic. Within the past century, there has been an increased share of plastic in Gross Domestic Products (GDP). Kilograms per dollar of GDP have increased from less than 1kg in the 1900s to almost 6 ​ 100kgs in the 2000s. This​ has become a great contribution to the economies of a great number of countries. Putting this into perspective, these economic benefits reaped by various Member States as a result of the increase in the use of plastics makes it difficult for reforms to take place.

36. At the same time our oceans are also facing a great threat from plastics. Plastic pollution is a growing menace to our environment. The world currently produces 300 million tonnes of plastic waste every year. It is estimated that more than 8.3 billion tonnes of ​ plastic has been produced since the early 1950s and 60% of that plastic has ended up in 7 either a landfill or the natural environment. The​ plastics, especially single-use plastics, have become mainstream. Eight million tonnes of plastics that end up in the oceans are

usually carried out by rivers. At​ this rate, by 2050, there would be more plastic than fish 8 in the ocean.

37. This is but one example of the disconnect between the social, economic and environmental dimensions of sustainable development. There are many more. The ramifications of climate change are beginning to translate into a massive threat to various species of life on land and in water. A recent UN report states that one million animal and 9 plant species are threatened with extinction . The average abundance of native species in most major land-based habitats has fallen by at least 20%, mostly since 1900. More than 40% of amphibian species, almost 33% of reef-forming corals and more than a third of all marine mammals are threatened. The picture is less clear for insect species, but the available evidence supports a tentative estimate of 10% being threatened. At least 680 vertebrate species had been driven to extinction since the 16th century and more than 9% of all domesticated breeds of mammals used for food and agriculture had become extinct by 2016, with at least 1,000 more breeds still threatened. The report also further states

5 United Nations, Harmony with Nature, Report of the Secretary General (2017), A/72/175 6 World Economic and Social Survey on Sustainable Development Challenges. Figure II.7 p.35 - https://sustainabledevelopment.un.org/content/documents/2843WESS2013.pdf 7 https://www.unenvironment.org/interactive/beat-plastic-pollution/ ​ 8 Ibid. ​ 9 https://www.un.org/sustainabledevelopment/blog/2019/05/nature-decline-unprecedented-report/ - UN Report: ​ ​ Nature’s Dangerous Decline ‘Unprecedented’; Species Extinction Rates ‘Accelerating.’

6

WFUNA International Model United Nations A(WIMUN)/6/4 ​

that since 1980, emissions have doubled, raising average global 10 temperatures by at least 0.7 degrees Celsius .

38. Modern patterns of consumption and production have resulted in the overexploitation of 11 natural resources which in turn has unsettled the delicate balance of earth’s ecosystems.” Even though the negative impact of human activities on nature are increasingly becoming evident, this has been a gradual process that has accelerated since the Industrial Revolution which has epitomized man’s dominance over Nature.

39. As stated by H.E. Mr. John W. Ashe, President of the 68th session of the United Nations General Assembly in his speech at the Fourth Interactive Dialogue of the General Assembly on Harmony with Nature, “The history of civilisation is the story of the 12 sometimes complex relationship of human beings with nature and the planet. Currently, our overexploitation of natural resources means that we are consuming 50% more 13 resources than the planet can provide .’'

40. To address this situation it will take more than simply educating people about the harm that has been done to the environment as a result of human activity. To change consumption behaviors we will need to change our understanding of the fundamental relationship between humanity and Nature and see that mankind is a part of the Earth community and not its master. Furthermore, we must recognize that human rights are dependent on protecting Nature’s rights. If we can accomplish this, then changes in our consumption patterns will follow and the impact on all of the Sustainable Development will become evident as well.

41. Population growth poses another challenge. It has been estimated that the world population will hit the 9.6 billion mark by 2050, which will be a 21.96% increase from the current world population of 7.7 billion. This increase will definitely be accompanied by an increase in demand for the Earth’s resources creating further stress on the 14 relationship between humanity and Nature.

42. As populations, economies and standards of living grow, so does the cumulative level of 15 greenhouse gases (GHGs) emissions. This​ alarming rate of increasing GHG emissions are doing more harm than good to the environment and life as a whole. The implications range from shifting weather patterns that threaten food production, to rising sea levels that 16 increase the risk of catastrophic flooding. The​ complicated aspect of this challenge is that we’re sitting on a time bomb because we do not have as much time to reverse the damage to our environment. Even if the emission of greenhouse gases completely stopped today, the effects of past emissions would still be felt far into the future.

10 Ibid. ​ 11 Ibid. ​ ​ 12 https://papersmart.unmeetings.org/media2/2927256/president-of-the-ga.pdf - Remarks by H.E. Mr. John. W. ​ As​he, President of the General Assembly, at the 68th Session of the United Nations General Assembly. 13 Ibid. ​ 14 Ibid ​ 15 Climate change - https://www.un.org/en/sections/issues-depth/climate-change/index.html ​ 16 Ibid. ​

7

WFUNA International Model United Nations A(WIMUN)/6/4 ​

III. Future Priorities

Concern for Nature

43. Promoting a new paradigm to achieve Harmony with Nature will require replacing an anthropomorphic mindset with one that is Earth-centered. It is imperative that we reevaluate our patterns of consumption and methods of production and acknowledge accordingly, the necessity of reaching a point where the desire for unsustainable ever-increasing economic growth does not take precedence over protection of Nature. At ​ the end of the day, if we ignore the Rights of Nature, we will ultimately make it difficult to realize and protect our own human rights. This implies that humans should not live with the assumption that we have unlimited access to the Earth’s resources. There are 17 limits to growth on this finite planet.

Increasing Conversations on the Current Situation

44. An integrated approach that focuses on developing a better understanding of the ​ fundamental relationship between humanity and the Earth s of the utmost importance to 18 achieving Harmony with Nature. In 2014, GA resolution A/RES/69/224 called for Member States to “build up a knowledge network in order to advance a holistic conceptualization to identify different economic approaches that reflect the drivers and values of living in harmony with nature, relying on current scientific information to achieve sustainable development, and to facilitate the support and recognition of the fundamental interconnections between humanity and nature.”

19 45. In 2017, GA resolution A/RES/72/223 acknowledged “the work of the experts of the Harmony with Nature Knowledge Network, who have initiated important activities to support the United Nations with the goal of ensuring “that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature", as set out in target 12.8 of the Sustainable Development Goals, knowledge network to facilitate the support and recognition of the fundamental interconnection between humanity and nature.” This Knowledge Network now plays a critical role in the creation and dissemination of information about Harmony with Nature. Further expansion of this expert group would be useful to achieving the goals of this initiative.

46. The resolution also goes on to encourage learning from other cultures, notably indigenous cultures, that possess varying connections with nature. This would greatly contribute to the transfer and sharing of knowledge regarding values and practices needed to achieve Harmony with Nature.

17 See A/68/325 18 See A/RES/69/224 ​ 19 See A/RES/72/223 ​

8

WFUNA International Model United Nations A(WIMUN)/6/4 ​

20 Rights of Nature Law, Policy and Education

47. Earth Jurisprudence recognizes that the traditional regulatory systems only view nature as property to be used to the advantage of human beings. In order to shift to a more Earth-centered mindset, we need a more holistic approach the integrates Rights of Nature law, policy and education.

Education for Sustainable Development

48. Education is critical in motivating and informing necessary actions to be taken as outlined 21 in targets 12.7 and 12.8 of the Sustainable Development Goals. However, there is a need to scale up education to reach larger numbers of people at the local, national and international levels. While the creation of the Harmony with Nature Knowledge Network is a good first step, more needs to be done to reach larger numbers of people. And we must realize that the standard education for sustainable development is not exactly the same as what the Harmony with Nature initiative requires which represents a deeper shift in our understanding from a human-centered to an Earth-centered consciousness.

49. An important part of education is access to information. As Target 12.8 of the Sustainable Development Goals, we just ensure that people everywhere have the relevant information and awareness for sustainable development and lifestyles in harmony with nature. This links nicely with Principle 10 of the 1992 Rio Declaration that states: “Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and 22 administrative proceedings, including redress and remedy, shall be provided.” Access to information empowers citizens and incentivizes them to participate in decision and 23 policy-making processes in an informed manner. Public participation is increasingly being a vital part of addressing environmental problems and achieving sustainable development by encouraging governments to adopt policies and enact laws that take 24 community needs into account.

New Perspectives and Strategies

50. Currently, a wide range of initiatives are being considered, to come up with a more efficient and sustainable method of production, consumption and general administration of the economy in order to promote harmony with nature. Strides made to this effect started as far back as February 2008 when, upon the request of the French government, Joseph Stiglitz, Amartya Sen and Jean-Paul Fitoussi created the Commission on the

20 https://www.un.org/pga/73/2019/04/08/harmony-with-nature/ - PGA’s Concept Note For The Interactive ​ ​ Dialogue Of The GA On Harmony With Nature, April 2019. 21 SDG 12 Targets and Indicators - https://sustainabledevelopment.un.org/sdg12 ​ 22 Ibid. ​ 23 Ibid. ​ 24 Ibid. ​

9

WFUNA International Model United Nations A(WIMUN)/6/4 ​

25 Measurement of Economic Performance and Social Progress (CMEPSP). This​ was spurred on by the view that the Gross Domestic Product being the standard or parameter for purely economic growth does not fit with societies’ increasing concern for welfare and sustainability. This is because the metrics do not consider the various ways such economic growth puts future generations at great risk.

26 51. As resources are being depleted and the environment degraded. It​ is imperative that Member States take environmental concerns into account when making policy decisions.

52. It is also of vital importance that science education that contributes to sustainable development that promotes harmony with nature be upgraded by creating an information database to keep track of cross-disciplinary work in the sciences and to inform them with a sustainable development perspective, while creating a virtual space for social and natural scientists to share ideas and work together to provide regular guidelines and analytical submissions towards preparations for subsequent UN Conferences on 27 Sustainable Development.

53. Harmony with Nature emphasizes that fundamental human rights cannot be fully implemented until the rights of Nature are respected. This agenda item is growing in importance and urgency as the consequences of human-induced environmental degradation are ever more evident. To sustain peace among communities and with the planet, the international community must shift away from perceptions of Earth as commercial property. It is imperative to see Earth as an entity to whom humankind belongs, entitled to her rights that are key to human survival, peace and harmonious co-existence.

IV. Further Reading

All Resolutions and Secretary Generals’ Reports on Harmony with Nature - http://www.harmonywithnatureun.org/unDocs/

GA resolution A/RES/70/1 “Transforming our world: the 2030 Agenda for Sustainable Development - ​https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E Building An Alternative Jurisprudence For The Earth: The International Rights Of Nature Tribunal - ​http://lawreview.vermontlaw.edu/wp-content/uploads/2016/12/06-Maloney.pdf

World Charter for Nature- ​https://digitallibrary.un.org/record/39295?ln=en

Agenda 21 - ​https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf

25 The Measurement of Economic Performance and Social Progress Revisited, Reflections and Overview, Joseph Stieglitz, Amartya Sen and Jean-Paul Fitoussi, 2009. available at https://hal-sciencespo.archives-ouvertes.fr/hal-01069384/document 26 27 Ibid. ​

10

WFUNA International Model United Nations A(WIMUN)/6/4 ​

The Rio Declaration on Environment and Development - https://wedocs.unep.org/handle/20.500.11822/19163

The Sustainable Development Goals - https://www.un.org/sustainabledevelopment/sustainable-development-goals/

11