SOUTH AFRICA’S NEW LAW ON CLIMATE CHANGE

Copyright infringement not intended

Picture Courtesy: https://www.thehindu.com/news/international/what-is-south-africas-new-law-on-climate-change/article68458069.ece#:~:text=South%20Africa%20submitted%20its%20first,350%2D420%20MtCO2e%20by%202030.

 Context: South Africa's new Climate Change Bill targets high GHG emissions and adaptation, advancing its climate commitments and reducing fossil fuel reliance.

 Details

• South Africa recently passed a significant piece of climate legislation, the Climate Change Bill, which aims to address its high greenhouse gas (GHG) emissions and adapt to climate change. This law is a critical step in South Africa’s efforts to meet its international climate commitments and transition away from its dependence on fossil fuels, primarily coal.
  

GREENHOUSE GAS (GHG) ●Greenhouse gases, such as water vapour, carbon dioxide, methane, nitrous oxide, and ozone, trap heat in the Earth's atmosphere, creating the greenhouse effect. Human activities, particularly the burning of fossil fuels, have significantly increased carbon dioxide and methane levels since the Industrial Revolution. ● Carbon dioxide emissions are responsible for about three-quarters of global warming, while methane emissions contribute to the rest. These gases can remain in the atmosphere for varying lengths of time, with carbon dioxide taking thousands of years to be fully absorbed, while methane lasts around 12 years. ●The balance of natural carbon flows between the atmosphere, terrestrial ecosystems, the ocean, and sediments has been disrupted by human activities, leading to unprecedented levels of carbon dioxide not seen in 3 million years. ●If current emission rates continue, global warming is expected to surpass 2.0 °C within the next few decades, a level considered "dangerous" by the Intergovernmental Panel on Climate Change (IPCC).

Features of the South African Climate Change Law

Mandatory Emission Curbs

• Industries: The law imposes mandatory limits on emissions from large, fossil-fuel-intensive industries. This is crucial as South Africa relies heavily on coal for electricity generation, contributing significantly to its GHG emissions.
• Targets: The law aligns with South Africa’s Nationally Determined Contributions (NDCs) under the Paris Agreement, aiming for significant reductions in emissions. Specifically, the updated NDC targets include reducing emissions to 398-510 Mt CO2e by 2025 and 350-420 Mt CO2e by 2030.

Paris Agreement ●The Paris Agreement, signed in 2016, is an international treaty on climate change covering mitigation, adaptation, and finance. ●Negotiated by 196 parties at the 2015 UN Climate Change Conference, it aims to limit global surface temperature rise to below 2°C, preferably 1.5°C. ●Each country must set emission reduction goals and regularly report on them. Unlike the Kyoto Protocol, the Paris Agreement blurs the line between developed and developing countries, requiring all to submit plans for reducing emissions.

 Climate Adaptation Plans

• Local Implementation: Towns and villages are required to develop climate-adaptation plans. This involves local governments and communities preparing for and mitigating the impacts of climate change, which is vital for addressing localized risks and vulnerabilities.

 Transition and Just Transition Framework

• Just Transition: The law supports a "just transition" to a low-carbon economy, focusing on sustainable shifts from fossil fuel-dependent industries to other sectors such as agriculture and forestry. This approach aims to ensure that workers and communities affected by the transition are supported through retraining and other measures.
• Presidential Climate Commission: The commission has released a Just Transition Framework to guide policy-making and ensure that the shift to a low-carbon economy is equitable and inclusive.

 Financial and Strategic Goals

• Funding Requirements: South Africa estimates needing $8 billion per year by 2030 to meet its climate goals.
• Net Zero Goal: The country has set an internal target to reach net-zero emissions by 2050, as part of its Low-Emission Development Strategy.

South Africa ●South Africa is the southernmost country in Africa, bordered by the South Atlantic and Indian Ocean to the south, and Namibia, Botswana, Zimbabwe, Mozambique, Eswatini, and Lesotho to the north, east, and northeast. ●It is the second-most populous country south of the equator, and the largest economy in Africa. ●The country's multicultural society is reflected in its recognition of 12 official languages, including Zulu and Xhosa as the most spoken first languages. ●The country has the largest number of UNESCO World Heritage Sites in Africa.

 India’s Climate Change Legislation

• India does not have comprehensive legislation dedicated solely to climate change. Instead, climate change considerations are included within various existing Acts and subordinate legislation.

 Relevant Legislation

• Environmental Protection Act: Provides a framework for protecting and improving the environment.
• Forest Conservation Act: Addresses deforestation and promotes forest conservation.
• Energy Conservation Act: Focuses on promoting energy efficiency and conservation.
• Water (Prevention and Control of Pollution) Act: Aims to control water pollution and improve water quality.

 Recent Developments

• Supreme Court Ruling (April 2024): The Court emphasized the need for explicit legislation linking climate change impacts to fundamental rights, such as the right to life and personal liberty. It noted that existing laws do not sufficiently address climate change's implications for these rights.
• Updated NDC: India’s updated NDC includes a commitment to reduce emission intensity by 45% by 2030, relative to 2005 levels, and to source 50% of its electricity from non-fossil fuel sources by 2030. This demonstrates progress in emission intensity reduction and a shift towards renewable energy.

Comparison

South Africa’s Approach

• Comprehensive Legislation: South Africa’s new law represents a more targeted and comprehensive approach, setting specific emission reduction targets and requiring local adaptation plans.
• Emphasis on Equity: The focus on a just transition highlights the country’s commitment to ensuring that the economic shift away from fossil fuels is equitable.

 India’s Approach

• Fragmented Legislation: India’s climate policies are spread across various Acts, without a unified climate change law.
• Ongoing Reforms: While India is making progress through updated NDCs and Supreme Court rulings, the need for comprehensive climate legislation remains a topic of discussion.

 Conclusion

• South Africa’s new climate change law reflects a comprehensive approach to managing emissions and adapting to climate impacts, while India’s fragmented legislative framework indicates room for development in creating a unified climate strategy.

Must Read Articles:

EARTH’S SOARING TEMPERATURE

ECONOMIC DAMAGES FROM CLIMATE CHANGE

 Source:

THE HINDU

Wikipedia

Wikipedia

Wikipedia

PRACTICE QUESTION Q. Analyze the effectiveness of India’s existing environmental regulations in mitigating the impacts of climate change and promoting sustainable development. What specific gaps would a comprehensive environmental law need to fill to enhance India's climate resilience?