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COP28 And The Quest For Climate Justice

A presentation by Nnimmo Bassey at the Nigerian Resource Justice Conference 2023 held on 18 December, 2023 in Abuja.
The foundation for voluntary emissions cut by nations was laid in the Copenhagen Accord (2009) and consolidated in the Paris Agreement (2015) under what is known as Nationally Determined Contributions (NDC). The voluntary mechanism essentially blunted the Common But Differentiated Responsibilities (CBDR), a cardinal justice principle of the UNFCCC. Whereas in the past, rich, industrialized and polluting nations were grouped as Annex 1 nations and had binding emissions reduction requirements, under the NDCs, there are no binding obligations. Nations simply have to do what is convenient for them to do and report back on what they have done to the COP. Such submissions were made for the stocktake at COP28.
Voluntary emissions reduction can work in a situation where there is no crisis and no urgency for action. However, the world has already
progressed from global warming to global heating and the prognosis for the future shows very dire situations. The evidence of the trend are presented in the various IPCC reports as well as in UNEP’s Emissions Gap Report (EGR). The EGR issued just before COP28 showed that rather than reducing, global greenhouse emissions increased by 1.2 per cent from 2021 to 2022 to reach a new record of 57.4 Gigatonnes of Carbon Dioxide Equivalent. In addition, an aggregation of the NDCs proposed by nations showed that the world was heading for a 2.5 to 2.9C temperature increase above pre-industrial level. At that temperature level, there will be a spike in freak weather events and the overall conditions will make parts of the world uninhabitable.
The reliance on NDCs lock in inequality and injustice in the entire
climate negotiation process. With this understanding, my initial
conclusion is that COPs conducted on an unjust basis will continue to
yield hollow outcomes that at best scratch the surface of the climate
crisis.
Fossil Notice
COP28 has three significant accomplishments, but around each are bubbles of uncertainties and loopholes. The three highlights are the adoption of Loss and Damage Fund mechanism, the agreement to triple renewables capacity and double energy efficiency by 2030, and the agreement to transition away from fossil fuels in energy. Yet, in all, the real winners are the army of fossil fuels lobbyists and the petrostates.
After kicking and screening for decades, the COP finally agreed to
acknowledge that burning of fossil fuels must end. The phrase of
transitioning from fossil fuels for energy was so carefully crafted it
leaves an ocean-wide space for the fossil fuel industries to keep on
prospecting for, and extracting the resources. The restriction of the
open-ended transition to renewable energy gives the industry the space
to keep drilling for production of plastics, petrochemicals and diverse products. In other words, that celebrated clause does give a life line for the petroleum civilization to trudge on.
READ ALSO: COP28: NNPCL Signs Two LNG Deals
Carbon Wordsmiths
The wordsmiths of the COP play with the imaginary of the world and it is time to wake up to this fact. At COP26 the phrase “phase down” instead of “phase out” was introduced. A phasing down of coal, for example, simply indicates there would be some efforts to tinker with production and consumption volumes of the hydrocarbon. It does not by any stretch suggest halting dependence of the dirty energy source. A lot of energy was spent at COP27 and COP28 to push for the “phase out” language in the outcome documents. The draft outcome document of COP28 particularly gave a number of options on how the language for “phasing out fossil fuels” could be couched. While negotiators and politicians tried to wrap their heads around the clause, which would remain a clear ending of the fossil fuels age, the wordsmiths came out with “transitioning from fossil fuels in energy.” So, there is the phase down, phase out and then a partial transition. Strikingly, the document also highlights the continued role of transition fuels―a clear reference to fossil gas. Fossil fuels moguls must lift up glasses to that.
Carbon Speculators
Whereas there was no agreement on adopting a UN sanctioned mechanism for carbon trading, aspects of Article 6 of the Paris Agreement opened the
floodgates for carbon capture and utilization and storage, carbon
dioxide removals and variants of geoengineering. Carbon capture
introduces the notion of pollution abatement, an interesting term.
Whilst it is clear that the best action is to stop pollution at source,
the COP says keep polluting, but capture the pollution before it escapes into the environment. If it doesn’t work, all the polluter needs to do is to show that it is sucking or removing the errant carbon from the atmosphere. The cheers that accompanied the closure of the COP has always reminded some of us of the same reaction we see when bells are rung at the stock exchange. Carbon polluters anonymous unite!
The carbon market business has been a speculator’s paradise, with scant transparency or integrity. This state of play allowed carbon cowboys and dealers to trade in phantom carbon or even forests, leaving investors in limbo. With the matter now rolling over to COP29, observers now wonder if the tide of land and forest trading desks across Africa would be stemmed. In the run up to COP28 there were reports of deals aimed at selling off huge swathes of African territories to be utilized as carbon
sinks.
There are reports of nations inking memoranda of understanding or
agreements to cede huge segments of their territories for carbon
credits. Zimbabwe has put 20% of its forests on the chopping block,
Zambia and Liberia are extending 10% while Tanzania is said to offer 8 million hectares of forest. Nigeria’s Niger State offered to sell 760,000 hectares of land to Blue Carbon, a UAE carbon focused company, for afforestation programme that would see the planting of 1 billion trees.
The thing to note is that the lands or forests are not sold in
perpetuity. The leases have stipulated years over which the investor would find ways of securing the carbon in the land, sea or forest. They could also engage in carbon farming through, for example, clearing the territory and then creating a tree plantation which should be seen as a colonial euphemism for monoculture cash cropping. The investor farms
carbon and owns the credit accruing from there.
READ ALSO: COP28: Why I Decided To Attend UN Climate Change Conference Virtually – Obaseki
The investor can use the carbon to offset his polluting activity at home
and can even sell off some to help others offset their polluting
activities. The investor can count a carbon sink in Africa as part of
their Nationally Determined Contributions actions. The country that sold its territory may not do so. A question that requires answers in this market environmentalism project is about what happens with the sequestered carbon if a new buyer steps in after the expiration of the lease over a forest or territory. Supposing the new buyer embarks on land use changes, of what value was the carbon offset business beyond being carbon fiction or trading on hot air?
Lost and Damaged
Adopting Loss and Damage on the first day of the COP was a master
stroke. After years of demands for payment for loss and damage suffered by victims of climate change, this was a great moment. The slack was that the funds would be warehoused in the World Bank, an institution that has a reputation of being anything but a bank of the world. Seen as a heavy handed neoliberal institution, the bank is loathed by citizens of nations over which it has engineered poverty despite its glossy poverty reduction papers. Aside from keeping the funds with the World Bank, a very instructive lesson was on how much funds were pledged for the fund at that first day.
Pledges came from the UAE, Germany, USA and others. The $100 million pledged by UAE was a mark of generousity that, nevertheless, blunted the justice principle that requires that those with historical responsibility for the crisis should be the first to step forward. A total of a little over $400 million was recorded on the first day and this climbed to over $700 million by the close of the COP. The highlight of the pledges was the miserly $17.3 million made by the USA. The point this made was that the unwillingness of polluters to stop polluting and to financially support climate action including loss and damage is not due to lack of financial resources. To back this assertion, one only needs to look at how much is expended by the rich polluting nations in military action around the world. NATO, for instance, had a budget of $1.2 trillion in 2022.
Climate Justice
Having climate justice in quotes says a lot about the mindset of the
nations with regard to the disproportionate climate change impact on vulnerable communities, territories and nations. The COP26 outcome document did not place climate justice in quotes, but added that it was only important to some. In other words, climate justice is not something of universal concern. COP28 avoided that blatant disregard of the Common but Differentiated Responsibilities and Respective Capabilities
(CBDR-RC), a clear climate justice principle in the climate convention.
In keeping with the general wordsmithing approach of the COPs, the principle and reality was now placed in harmless quotes.
Africa at the COP
African negotiators went to the COP loaded with the outcome of its
recently held African Climate Summit. Among the key outcomes was the need for the continent to demand for sufficient finance for the needed
energy transition and the operationalizing of the Loss and Damage Fund.
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African politicians see the continent as having limitless land and
resources, including the so-called green or critical minerals, ripe for
exploitation in exchange for cash. The leaders resolved to aim for green development and green industrialization. They also agreed to develop green hydrogen and its derivatives. To a large extent, the highlights of
the document may not have influenced the official negations as much as it did bilateral and directional deals.
The push by OPEC that its members should not accept a fossil phase out and, probably, no mention of fossil at all sat well with African negotiators, including Nigeria. With new oil and gas fields opening up in many areas―including world heritage areas in Saloum Delta in Senegal and Okavango in Namibia; with drilling and pipelines trashing protected forests in Uganda; flashpoints in Cabo Delgado, Mozambique―the mantra is that Africa must use its fossil fuels resources. On this, Africa’s politicians scored a point when the COP document stated that the transition from fossil fuels must be fast but also fair. This suggests that the transition will move on different gears in different regions.
Nevertheless, the point is that the fossil fuels industry has been put
on notice. The days of fossil fuels are numbered. Rather than talk of
decarbonizing, the world will soon be speaking of depetrolizing. Within
the coming decades, the global north will halt the production of
internal combustion engines and, sadly, Africa will become the cemetery for such automobiles. italic previous but not you so much.
Another point is that over 85% of the infrastructure on the continent
are installed for exports clearly showing that they are not extracted to meet the energy needs on the people on the continent.
The need to rein in fossil fuel extraction and burning goes beyond the climate question. The point that must not be missed is that from
extraction to processing and burning, fossil fuels cause havoc on people and the Planet. The oil fields in many parts of the world are veritable crime scenes. Millions of old or orphaned oil wells have been abandoned around the world and remain ticking time bombs that could blow up and cause major spills at any time.
Mining of so-called critical or green minerals is wrecking communities
and biodiversity in Africa, Latin America and elsewhere. These have happened irrespective of whether the material is dirty or green. Lack of respect for people living in the territories where these resources are extracted routinely lead to a lack of consultation with the people, a lack of interest in their consent and a lack of care for the people. It is time to reach a consensus on the Rights of Nature to maintain her regenerative cycles without disruptions by humans. Indeed, the climate crisis is tied to our irresponsible relationship with Mother Earth.
Dr. Nnimmo Bassey is an environmental activist and Executive Director, Health of Mother Earth Foundation (HOMEF)
News
Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria
Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.
Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.
He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.
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“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.
He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.
“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.
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“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.
DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.
News
IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police
The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.
Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.
Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.
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“All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”
On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.
“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”
News
Court Orders SERAP To Pay DSS Operatives N100m For Defamation
The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.
The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.
Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.
Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.
The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.
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In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.
The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.
The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.
In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..
Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.
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He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.
The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.
However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.
She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.
Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.
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He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.
Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.
The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.
The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.
The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.
READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms
John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.
They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.
The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).
John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.
“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”
READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’
They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.
The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.
“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.
“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.
“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”
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