Subject: Conservation & Mitigation

Context

Glasgow’s success was that it finished building the scaffolding for climate action initiated through the Paris Agreement. But true success depends on whether countries are receptive to these nudges.

What were the Glasgow climate meeting’s (COP26) successes and failures?

• Strengthened Paris Agreement mechanism: Glasgow strengthened the Paris Agreement mechanism of eliciting pledges from countries and ratcheting them up over time.
• It requested countries to update and strengthen 2030 emission targets in their NDCs by the end of 2022, earlier than previously expected.
• Success at Glasgow was explicitly defined around ‘keeping 1.5 degrees alive’ through such pledges.
• There are two problems with this interpretation.
• First, the Paris, and Glasgow, approach focusing on target-setting gives insufficient importance to the challenge of implementing those targets.
• A focus on shorter term targets and their implementation — which India to its credit has been highlighting — will be important.
• Second, by calling on countries to strengthen targets to align with the Paris Agreement objectives without explicitly considering that countries have different roles and responsibilities in doing so risks side-stepping, again, the long-standing issue of climate equity.

Phase-down clause for thermal power and implications for India

• Phasing down coal power: A specific high profile clause calls for the ‘phase down of unabated coal power and phase out of inefficient fossil fuel subsidies’.
• It was the Indian Minister who read out an amendment modifying ‘phase-out’ to ‘phase-down’ for coal.
• India’s concerns: India’s real concerns included not precluding subsidies for social purposes, such as for cooking gas; querying whether from an equity point of view, all countries should be asked to limit coal use at the same time; and noting the lack of mention of oil and gas.
• A positive for all from environmental point of view: From an environmental point of view, more explicit discussion of coal, but ideally all fossil fuels, is a positive, including for India.
• Concerns on developmental view: From a developmental view, however, India is concerned that explicit mention of coal constrains us in our choice of fuel.
• Way out for India: A possible way out is for India to explicitly seek global support for an accelerated transition away from coal, an approach taken by South Africa.

Challenges and achievements at COP26

[A] Measures for adaptations

• Adaptation has long been neglected in global negotiations, reflecting a global power imbalance that places less weight on the concerns of vulnerable nations.
• In this context, it was a partial win that Glasgow set up an explicit two year work programme for a ‘global goal’ on adaptation.
• No development on agenda of loss and damage: The important complementary agenda of ‘loss and damage’ – compensating for unavoidable impacts that go beyond adaptation — received at most lip service.
• Even though there was discussion of a specific mechanism, backed by funding, to the dismay of small, vulnerable nations, only a ‘dialogue’ was established.

[B] Climate finance commitment issue not addressed

• Commitment on climate finance not met: Climate finance promised to be the central issue of COP26, with considerable frustration from developing countries that the decade-long commitment of $100 billion had not been met.
• Glasgow did no more than establish a work programme on post-2025 financing and continue tracking progress on the $100 billion.
• The exception was a call to double adaptation finance by 2025.
• Mobilising private finance: Former Bank of England Governor Mark Carney indicated that companies committed to net zero initiatives could marshal a scarcely believable $130 trillion, suggesting growing efforts to mobilise private finance.
• Developing countries have long insisted that publicly funded climate finance is a right devolving from the ‘polluter pays’ principle rather than aid.

[C] Paris rulebook

• Completion of two elements of Paris Rulebook: There were two particularly important elements of what is called the ‘Paris Rulebook’ that were completed in Glasgow.
• Transparency framework: First, the transparency framework was completed, which includes reporting rules and formats for emissions, progress on pledges and finance contributions.
• Rules for carbon market: The second key was completion of agreed rules for carbon markets, the complexities of which had stymied agreement for four years.
• Rules were put in place to limit the scope for ‘double-counting’ of credits by more than one country.

Way forward for India

• The real determinant of success or failure rests on national politics and popular support for climate change within countries — how countries use the scaffolding.
• For India, these politics are complex because they revolve around simultaneously balancing concerns over whether our policy space will be limited by inequities embedded in the global mitigation efforts, and our own interests as a vulnerable country in enhancing and accelerating climate action.
• A balanced view requires consideration of both objectives.

Consider the question “Why climate finance continues to be a contentious issue in the negotiations over climate change? Suggest the way to balance the concerns over development with the efforts at climate action.”

Conclusion

The meeting hit many, but not all, of its procedural benchmarks by building scaffolding for the future. But the real determinant of success or failure rests on national politics and popular support for climate change within countries.

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Context

The United Nations Climate Change Conference (COP26, from October 31 to November 12, 2021), at Glasgow, Scotland is important as it will call for practical implementation of the 2015 Paris Accord, setting the rules for the Accord.

Indian proposals

• Prime Minister Narendra Modi announced, on November 1 at Glasgow, a ‘Panchamrit solution’ which aims at reducing fossil fuel dependence and carbon intensity.
• This also includes ramping up India’s renewable energy share to 50% by 2030.
• Union Minister of Environment, Forest and Climate Change Bhupender Yadav has reasserted the call for the promised $100 billion a year as support (from the developed world to the developing world).
• But as we consider new energy pathways, we must also consider the question of climate hazard, nature-based solutions and national accountability.
• This is the right time for India to mull setting up a climate law while staying true to its goals of climate justice, carbon space and environmental protection.

Why India needs climate law

• There are a few reasons for this.
• Existing laws not adequate: Our existing laws are not adequate to deal with climate change.
• We have for example the Environment (Protection) Act (EPA), 1986, the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974.
• Yet, climate is not exactly water or air.
• The Environment (Protection) Act is grossly inadequate to deal with violations on climate. Clause 24 of the Act, “Effect of Other Laws”, states that if an offence is committed under the EPA or any other law, the person will be punished under the other law (for example, Code of Criminal Procedure).
• This makes the EPA subordinate to every other law. 
• There is a need to integrate climate action: Integration includes adaptation and mitigation — and monitoring progress.
• Comprehensive climate action is not just technological such as changing energy sources or carbon intensity, but also nature-based such as emphasising restoration of ecosystems.
• India’s situation is unique: Climate action cannot come by furthering sharpening divides or exacerbating poverty, and this includes our stated renewable energy goals.
• The 500 Gigawatt by 2030 goal for renewable can put critically endangered grassland and desert birds such as the Great Indian Bustard at risk, as they die on collision with wires in the desert.

Suggestions on climate law

• A climate law could consider two aspects.
• Commission on climate change: Creating an institution that monitors action plans for climate change.
• A ‘Commission on Climate Change’ could be set up, with the power and the authority to issue directions, and oversee implementation of plans and programmes on climate.
• The Commission could have quasi-judicial powers with powers of a civil court to ensure that its directions are followed in letter and spirit.
• System of liability and accountability: We need a system of liability and accountability at short-, medium- and long-term levels as we face hazards.
• This also means having a legally enforceable National Climate Change Plan that goes beyond just policy guidelines.
• A Climate Commission could ideally prevent gross negligence in fragile areas and fix accountability if it arises.

Conclusion

We have an urgent moral imperative to tackle climate change and reduce its worst impacts. But we also should Indianise the process by bringing in a just and effective law — with guts, a spine, a heart, and, most importantly, teeth.

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