CONFERENCE
CLIMATE CHANGE: CHALLENGES AND
OPPORTUNITIES FOR TRINIDAD AND TOBAGO
Hosted by the Embassy of the Federal Republic of Germany and the Delegation of the
European Commission
“The Legal Strengths and Challenges of a Climate Change
Policy for Trinidad and Tobago”
Presenter: Her Honour Sandra Paul
Chairman
Environmental Commission of Trinidad and Tobago
National Library and Information Services
Cor. Hart and Abercromby Streets
Port of Spain
Trinidad
May 27th 2009
As you all know, we live in challenging times, particularly in regards to
our climate. Climate change has been felt globally, from the melting of the
ice caps in Antarctica, to drought in parts of Australia and Europe, and to
rising sea levels that threaten small island states. Science tells us that the
effects of climate change will only worsen, with the greatest impact on poor
and developing countries, especially the small island states, like Trinidad and
Tobago.
Yet, despite this ominous news, we do have hope. In the past, Trinidad
and Tobago demonstrated its commitment to address climate change by
signing and ratifying numerous international environmental conventions and
treaties. It now reiterates that commitment by developing a Climate Change
Policy, which will hopefully utilise an integrated approach, recognizing that
climate change affects every aspect of our lives—access to water, food
production, health and the environment.
As it works to achieve this integrated approach, Trinidad and Tobago
will benefit from its existing strengths and must face the challenges of
developing the necessary climate change policy and enforcing that policy.
Trinidad and Tobago has two existing strengths to bring to the task of
creating an integrated climate change policy.
First, we already have strong intra-governmental policies in place, an
important component to creating an integrated climate change policy. As
Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009 2
noted in the Intergovernmental Panel on Climate Change Fourth Report, these
policies are seldom applied in complete isolation, but in conjunction with
other national policies. Trinidad and Tobago already has the capacity for this
type of integrated effort. We have a National Environmental Policy, a
Biodiversity Strategy and Action Plan, a National Action Programme to
Combat Land Degradation, a National Wetland Policy, an Energy Policy, and
a Social and Economic Policy Framework (Vision 20/20). Based on this if
the proper legislation is put into place, developing an integrated climate
change policy for Trinidad and Tobago would be relatively easy.
Second, Trinidad and Tobago can position itself as a leader in ensuring
that environmental issues are fairly adjudicated. Our twin island Republic has
the only environmental court in the region and one of the few in the world,
the Environmental Commission
.
However, to create a successful integrated climate change policy,
Trinidad and Tobago must face the twin challenges of updating its
environmental legislation and effectively enforcing that legislation.
Although Trinidad and Tobago has ratified international agreements and
conventions regarding the environment, it has not yet incorporated many of
these agreements and conventions into our national environmental policies
and legislation. Fortunately, we already have a solid foundation for building
that legal framework, the Environmental Management Act (EM Act). The
EM Act established the Environmental Management Authority and in an
effort to rationalise environmental legislation, has given rise to the draft
Environmental Code.
Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009 3
The draft Environmental Code, particularly under Part II (Pollution and
Hazardous Substances), urges the strengthening of existing legislation and
developing new legislation.
The Code proposes to strengthen existing legislation concerning water,
air, and hazardous substances.
Regarding water pollution, the Code recommends (1) repealing relevant
sections of multiple acts and replacing them with the Water Pollution Rules, I
am pleased to acknowledge that the Rules came into effect in 2006, and the
Code also recommends the revision of other pieces of legislation, for
example, the Summary Offences Act to impose stricter penalties for
discharging noxious matter into streams or ponds.
Regarding air pollution, the Code recommends (1) repealing relevant
sections of multiple acts and replacing them with the Air Pollution Rules to
deal with emissions, and (2) updating the Motor Vehicle and Road Traffic Act
to create Regulations on Vehicle Emissions Standards.
Regarding hazardous materials, the Code recommends amending the
Pesticides and Toxic Chemicals Control Act to cover all biocides and
fertilisers.
Finally, the Code recommends, amongst other things, the creation of
new legislation, to control greenhouse gases.
Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009 4
To truly have an impact on climate change, these Code
recommendations must be implemented. The Air Pollution Rules have been
drafted and distributed for public comment, and should be affected in the near
future. The Hazardous and Non-Hazardous Waste Rules are being drafted,
the Beverage Containers Bill has been put on hold, and a Canadian model is
being looked at. However, we anxiously awaiting the implementation of
these pieces of legislation.
In addition to actively drafting new legislation to create a more
integrated climate change policy, Trinidad and Tobago has a designated
agency that can bring the spirit and the letter of the new legislation to life.
Specifically, the EM Act created the Environmental Management Authority,
the Authority has the power to establish regulatory standards, create
incentives for the public to protect the environment, grant permits and
licenses for safe use of resources. The EM Act has also instituted a clear
judicial structure to address any complaints pertaining to the environment.
The EMA’s mandate to establish a regulatory regime is crucial for
executing a climate change policy. The EMA can impose these regulatory
standards, for example, under the Certificate of Environmental Clearance
(CEC) Rules, Water Pollution and/or the Air Pollution Rules (when enacted).
The EMA also has the authority to implement appropriate incentive
programmes that encourage the voluntary and safe use of effective
environmental management systems. For example, the EMA can (1) establish
and enforce a voluntary facility environmental audit programme, (2) operate
Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009 5
deposit-refund systems for specified materials to increase the level of
recycling, and (3) impose, with the Minister’s approval, pollution charges or
user fees to encourage the public to protect the environment.
In addition to creating incentive programmes to engage the public
voluntarily, the EMA also can regulate public interaction with the
environment by restricting its use through for example, the designation of
environmentally sensitive areas and environmentally sensitive species (s.43
EM Act) that permit the wise use of such area or species. It should be noted
that these designations can be appealed to the Environmental Commission.
Finally, the EM Act provides a clear judicial process for resolving
environmental disputes. As noted earlier, Trinidad and Tobago has the only
environmental court in the region, and one of the few in the world. The
process has three layers: the Environmental Commission, a superior court of
record; the Court of Appeal; and the Privy Council, the final appellate court.
Having addressed the legislative challenges and ways to manage them,
Trinidad and Tobago’s second great challenge is that of enforcing the new
laws. Even if a country has enacted the soundest, fairest environmental laws
possible, those laws have no power unless they are enforced. Klaus Topfer,
Executive Director of the United Nations Environment Programme, echoed
this sentiment in August 2002. The Director observed,
The field of law has, in many ways, been the poor relation in
the world-wide effort to deliver a cleaner, healthier and
ultimately fairer world. We have over 500 international and
regional agreements, treaties and deals covering everything
Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009 6
from the protection of the ozone layer to the conservation of the
ocean and seas. Almost all, if not all, countries having
environmental laws too. But unless these are complied with,
unless enforced, then they are little more than symbols, tokens,
paper tigers.
Trinidad and Tobago must ensure that its efforts to create meaningful
environmental legislation are reinforced by consistent and fair enforcement of
that legislation.
Thus, Trinidad and Tobago, with its existing strengths and its active
drafting of environmental legislation, is well poised to overcome the
challenges to executing a meaningful climate change policy. Indeed, by
implementing the draft Environmental Code and within the context of the
EMA’s current authority, Trinidad and Tobago can greatly reduce any legal
constraints to an effective climate change policy. To optimally execute this
climate change policy, what remains is to effectively enforce any enacted
laws and programmes.
Her Honour Sandra Paul Chairman, Environmental Commission of Trinidad and Tobago. May 27th 2009 7