7 TH PRO BONO ENVIRO MOOT PROBLEM- 2013

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1 1. The Republic of Rambo is an island in the Pongean Sea. It has lush topography and thrives on tourism. Rambo is the tenth largest country in the world with an extent of land measuring 21,30,500 square kilometres and one of the fastest developing countries. There are two national political parties, such as Democratic People Front (DPF) and Liberal People Front (LPF) and several regional parties. The Union of Rambo has entered into several international conventions, treaties and ratified the same. These include Universal Declaration of Human Rights (UDHR), International Convention on Economic Social and Cultural Rights (ICESCR) and United Nations Framework Convention on Climate Change (UNFCCC). 2. The Republic of Rambo faces natural disasters frequently such as heavy floods due to monsoonal rains, cyclones, volcanic eruptions and high tides. The type of coastline that Rambo has is one that is prone to natural disasters. Some coastal areas in Rambo are low lying lands and are susceptible to sea water intrusion. In February 2005, the government headed by DPF had proposed various developmental projects including environmental projects in the country. In March 2005, as a part of Environmental governance, the Ministry of Environment and Forests had constituted a Committee to control Environmental hazards. In November 2005, the Committee had submitted its report suggesting various recommendations including reduction of carbon emissions, construction of sea walls and disaster management. Based on the Report, the Ministry of Environment and Forests had submitted a draft proposal requesting the government to allocate funds. Considering the importance of the proposal submitted by the Ministry, the Government of Rambo sanctioned a sum of Rs.600 Crores and initially released a sum of Rs.120 Crores to initiate various measures including methods and means of implementation for the proposed projects. 3. In the general elections held in February 2010, LPF came to power. In March 2011, a five member expert committee was headed by the former Chief Justice of Rambo, Hon ble J. Tikishaki for analysing the feasibility of implementation of the project, to conduct a study for reducing the release of greenhouse gases (GHG) and disaster management. The Tikishaki report, among other things, reported the following: a. Rambo s coastline and topography makes it prone to natural disasters. The Appropriate Government is required to improve on its disaster management programme to ensure that the population is protected from nature. 1

2 b. Most of the industries in Rambo located near the coastline which added to the pollutants in the atmosphere need to be moved away from the coastline immediately to mitigate the effects of climate change and also to protect the industries from natural disasters. c. The Government of Rambo needs to take active steps to protect the fragile environment zones in the country and must work immediately towards reducing its carbon emissions. Based on the Tikishaki Report, a Bill was introduced in the Parliament, with an objective to reduce anthropogenic emissions of greenhouse gases to a large extent, among other things. However, the Bill lapsed due to the dissolution of the Parliament. In 2000, Rambo signed the Kyoto Protocol and ratified it in The Union Territory of Roah is an island that is not connected to the mainland of Rambo. It lies 200 kilometres off the eastern coast of the country. The extent of land in Roah is 5,13,500 square kilometres. This island is a tourist destination and is not as developed as the mainland. Its topography includes lush mangrove forests; the sea water near Roah is crystal clear and one would be able to see the sea bed clearly. These forests consist of the indigenous population Karyos who are untouched by civilization and their lives are connected with nature. They worshipped the nature and followed traditional methods of protecting the environment. This is very important to Roah given the fragile nature of the environment in the region. 5. The eastern coastline of Roah consists of rich forest reserves and this forest line was called Nacro forest. It acted as a shield for human survival and protected the population of Roah from being affected by natural disasters. Therefore the Government of Rambo in April 1989, declared 2,10,000 square kilometres of Roah as reserved forests according to the Forests Act, The indigenous population in the forests were not relocated as they were key to the protection of the environment and the forests. 6. The Republic of Rambo is the most populous country in the world. Since independence, the government has tried to control the growth of population through various measures. The 2001 census report mentioned that Rambo had human overpopulation where the number of people exceeded the carrying capacity of the country, a fact that was for years being reported by private non-profit organizations involved in environmental protection. Following the 2011 census, the government of Rambo passed the Population [Prevention and Control] Act, 2011 by which a 2

3 married couple could not have more than one child and those who contravened the Act were prevented from availing specific privileges. This Act did not last long due to nationwide protests culminating in a legal battle before the Supreme Court of Rambo wherein the right to privacy prevailed and the Act was struck down as unconstitutional. Thereafter, the government implemented family planning measures but this failed to check the population growth. 7. Due to population growth, fresh water sources, land space for housing and other activities, and food became scarce. The inevitable consequence was, the population seeking new homes abroad and in various states of Rambo which were not densely populated. Around this time, several tourism companies started bringing to light the unexplored civilization and the pure environment of the island of Roah. The people in the mainland finding an option within Rambo where they would have sufficient food, fresh water and space to live comfortably, started moving to Roah. The price of land in Roah increased manifold and cost of living became high. 8. With the advent of civilization to Roah, the indigenous people were either pushed into isolation or exposed to forced assimilation. Moreover, the forests in the region were gradually cut down. A blog written by Ms. Kriantha, an environmental activist in Roah reported that the forest cover in Roah had reduced considerably due to the migration. 9. The economy of Rambo suffered a huge setback in December Its GDP was at an all-time low and the government desperately tried to tackle the overpopulation situation. Beginning from 2011, there were series of policies in the form of suggestions to control population. To tackle the food scarcity and the lack of fresh water sources, the government began investing in projects and research to find alternative water sources, genetically modified crops and purification of water, particularly reverse osmosis. The economy took a severe toll due to such investment. 10. In March 2012, a powerful cyclone named Voldemort ravaged the coastline of Rambo particularly the island of Roah. The government was unprepared as it had not revisited its disaster management programme following the Tikishaki Report. The cyclone truly added to the problems that the country was already facing and its economic situation worsened. The island of Roah was affected by severe floods as the forest cover was considerably reduced. The newly constructed buildings were washed away and people started moving into the Nacro forests. The markings of the forests were obliterated by the cyclone. Forest personnel were involved in disaster management, 3

4 both in mainland and in the island of Roah, and by the time disaster management was over, there were quite a lot of encroachments into the Nacro forests, the result being more deforestation and destruction of the mangrove trees. A PIL was filed by Ms. Kriantha before the Hon ble High Court of Roah. The Court held that the authorities have to take steps immediately to strike a balance between providing a place for people to live and protecting the mangrove forests which were of prime importance to the Karyos and to the island of Roah. 11. Following the cyclone, scientists belonging to Rambo Coordinated Research Committee (RCRC), a Central Government accredited research institution reported an increase in sea water intrusion. The report of RCRC identified Roah as a sinking island and said that in ten years it could become uninhabitable or even totally disappear into the ocean. They also advised the government to take appropriate measures for relocating the population and to prevent deforestation with immediate effect. However, since Rambo was facing severe financial crisis, the government decided to build sea walls that could protect the island for atleast a decade. The Prime Minister of Rambo in a press conference said, The government is committed to finding a new homeland for the people of Roah. This will also be a way to tackle our overpopulation problem. The seawalls are only a temporary arrangement before we can find a permanent place of settlement for those in Roah. 12. In order to construct a concrete seawall, the government invited tenders. Maraco International Ltd. a multinational construction company registered in the U.S. was selected and the task of building concrete seawalls was given to them. A construction site was set up in Roah on the beach to immediately begin construction activities. Within a month of the site being set up, there were constant complaints by the people living in and around residential areas that they were getting respiratory problems due to the dust and fumes emitting from the site. The high level of noise caused by the construction work was also a nuisance to the neighbourhood especially during night times. However, the government could not provide a solution as the construction of the seawalls were an absolute priority. 13. In August 2012, the Pro Bono Enviro Society, an NGO, published a report in its annual magazine that: a. Rambo was the major contributor to the air pollution in the Pongean sea region and that there was a haze over the entire region that consisted of harmful gases and smog which decreased the amount of sunlight that was reaching the surface of the earth. 4

5 b. The Pongean haze could be the reason for sea water intrusion and erratic climatic conditions of the region. c. There was increased evidence of pollution of sea water because of migration of people from the mainland which was further complicated by the set up of the construction plant. Motor boats used by people post migration were killing a lot of sea turtles. Moreover, the indigenous people who depended on fishing were severely affected by the increased tourist activities and highly technical method of fishing, aquaculture and related activities. 14. In January 2013, due to wide protests in Roah, the Central Pollution Control Board (CPCB) directed the closure of the Maraco International Ltd. under section 31A of the Air (Prevention and Control of Pollution) Act, Aggrieved by the decision of the CPCB, the company preferred an appeal to the Hon ble High Court of Roah and argued that the closure order was held invalid as the seawall construction was a necessity for the people of Roah. However, the Court struck down the closure order, ordered the company to install necessary pollution control equipment to protect people and the environment from the hazards of air pollution. 15. In October 2013, the Pro Bono Enviro Society filed a Public Interest Litigation (PIL) before the Supreme Court of Rambo against the Union of Rambo and Maraco International Ltd. Among other things, the issues raised by the petitioner society before the Supreme Court are with regard to the exposure of the indigenous population in Roah to forced assimilation especially by way of allowing deforestation, location of Maraco International Ltd. in a fragile environment region, pollution of the environment of Roah and compensation for the consequent damage. The society also sought for compensation from the state for rehabilitation and relocation of the indigenous people and prayed that the State be held liable for its climate change inducing activities. The Supreme Court has posted the matter for final hearing on the 26 th and 27 th of October The teams are required to frame issues and argue for both parties. NOTE: The laws of the Union of Rambo are in pari materia with the laws of the Republic of India. 5