What is the legal problem with use of coal in Zim?
COAL has played a significant role in human progress by powering the industrial revolution and facilitating globalisation.
Despite the emergence of alternative energy sources, such as, natural gas, nuclear, wind, and hydroelectric power, coal remains a dominant source of energy due to its affordability.
It has enabled the development of various technologies that have transformed our daily lives, from the food we eat to the way we communicate and travel.
Moreover, coal power has played a crucial role in advancing medical technologies, thereby increasing human life expectancy.
However, the use of coal has also resulted in environmental damage and health risks for those working in the industry and living near coal mines or combustion facilities.
The debate around the social, environmental, and health impacts of coal mining remains relevant today, as the demand for coal continues to grow to sustain the world's cities.
This paper will examine the legal framework for defining these impacts, the human rights violations associated with coal mining and the justifications for continued coal mining.
Coal mining, air pollution problem
Coal mining generates air pollution during the extraction process. Toxic gases like Sulphur (SF6), Nitrous oxide (N2O), Carbon dioxide (CO), and methane are released into the air.
For example, Hwange province is known for its poor air quality due to coal mining, uncontainable underground fires, and coal-burning power plants.
Particulate matters like arsenic, lead, and cadmium are created during the process, along with high levels of SO2. Unfortunately, particulate matters like PM10 and PM2.5, NOX, O3, benzene, H2S, and Benzene have exceeded the limit and have an immediate negative impact on people's well-being, causing respiratory problems, emphysema, and skin problems.
Some of these air pollutants cause acute and chronic respiratory illnesses, particularly among the poor and less privileged in society.
Air pollution also adversely affects water, soils, and vegetation that people and wildlife depend on.
Acid rain corrodes materials and buildings, increasing maintenance costs and reducing values. Greenhouse gas emissions may lead to weather modifications and climate change.
Zimbabwe has three government documents that outline laws on air pollution. These are the Atmospheric Pollution Act of 1996, the Environmental Management Act of 2002, and the Environmental Policy and Strategies of 2009.
The Acts target four types of air pollution, namely noxious and offensive gases, smoke, dust, and fumes from internal combustion engines. They also specify penalties for offenders and air quality standards that should be always maintained.
In 2007, the Zimbabwean Government created an agency called the Environmental Management Agency (Ema) to monitor the country's environment. The Ema has the authority to take legal action against individuals or organisations that are responsible for polluting the environment.
For example, according to Section 63 of the Environmental Management Act, any person who releases substances that cause significant air pollution and violates established emission standards can be held accountable by the agency.
Zimbabwe implemented an environmental policy in 2009 that addresses concerns regarding air, water, land, flora, and fauna.
The policy emphasises the importance of international collaboration in the prevention and control of air pollution, as air pollution is not confined by political boundaries.
The policy's fundamental principle is that everyone has the right to breathe clean air and live in a healthy environment. To achieve this objective, several strategies are employed.
Firstly, there is an integrated strategy for the control and management of air quality at the national level. The Standards Association of Zimbabwe (SAZ) is responsible for developing air quality standards for industry and other interested and affected parties.
Secondly, any development project that negatively affects air quality must undergo environmental impact assessments (EIAS).
Appropriate, preventive, and mitigating measures should comply with any environmental management plan (EMP).
Thirdly, some regulations control gaseous and particulate emissions from point sources.
Coal mining generates acid drainage when the water from the underground is mixed with coal products deep in the soil and with rocks unearthed during the underground process of extracting the coal.
During that process, toxic substances are created and combined with other heavy metals creating the pollution of water underground.
These polluted water outflows of closed coal mine continue to contaminate the quality of water underground and groundwater as well streams, soils, plans, humans and animal.
That situation can change completely the ph water with the presence in the water of the pyrite in the rock increases to water a low ph less than 7.0. the acid from the acid drainage, once in the water-activated the heavy metal from the environment, in the coal mine area or in the near dams or rivers from the sediments
International agreements
Paris Agreement: The Paris Agreement is a global treaty designed to address climate change. Its objectives include setting targets for reducing greenhouse gas emissions and promoting the transition to lowcarbon economies.
Coal mining is a major contributor to greenhouse gas emissions, which can lead to climate change. Therefore, it is not aligned with the Paris Agreement's objectives.
Coal mining is closely linked to environmental degradation and contributes to climate change. The extraction, processing, and combustion of coal release substantial amounts of greenhouse gases into the atmosphere, exacerbating global warming. These emissions contravene the goals of the Paris
Agreement and the United Nations Framework Convention on Climate Change (UNFCCC), both of which call for the reduction of greenhouse gas emissions to mitigate climate change. Continued reliance on coal mining hampers the transition to a low-carbon economy, preventing the achievement of international climate targets.
UNFCCC: The framework convention is an international environmental treaty that provides a framework for addressing climate change. It requires countries to take measures to mitigate greenhouse gas emissions. Coal mining, particularly when it involves the burning of coal for energy, can be inconsistent with the objectives of the UNFCCC.
Coal has historically played a critical role in providing energy and supporting economic development in several regions. While coal mining and usage have significant drawbacks, it is essential to acknowledge some of the perceived benefits that have been associated with coal concerning poverty eradication.
Firstly, coal is a reliable and affordable source of energy for many countries, particularly those with abundant coal reserves.
Access to affordable energy is crucial for economic growth, industrialisation, and improving living standards. Coal can help meet the energy demands necessary for economic development in regions where alternative energy sources are limited or expensive.
Secondly, coal mining operations can create employment opportunities, particularly in regions with a significant coal industry.
These jobs often provide income and livelihoods for communities, which can help alleviate poverty and improve socioeconomic conditions.
The coal industry can support various sectors, including mining, transportation, and power generation, leading to a multiplier effect on employment.
Thirdly, coal mining and related industries can contribute to national and regional economies through tax revenue, royalties, and export earnings.
The revenue generated can be used for public infrastructure development, education, healthcare, and poverty alleviation programmes. In some cases, coal reserves have been seen as a valuable national asset that can be leveraged for economic growth.
Lastly, coal-based electricity generation can provide a viable solution for electrification in regions where access to modern energy services is limited.
This can improve living conditions, support education and healthcare facilities, and enhance overall quality of life.
Coal power plants have been instrumental in expanding access to electricity in certain areas, particularly in developing countries.
However, it is essential to note that the long-term sustainability of coal as an energy source and its associated benefits are increasingly being questioned.
The negative environmental impacts, including air pollution, greenhouse gas emissions, and climate change, outweigh the perceived benefits in many cases.
Transitioning to cleaner and more sustainable energy sources, such as renewable energy, is critical for addressing poverty eradication while minimising the environmental and health risks associated with coal.
Mutowekuziva is a registered legal practitioner. She has a keen interest in human rights, development and governance. These weekly New Horizon articles, published in the Zimbabwe Independent, are coordinated by Lovemore Kadenge, an independent consultant, managing consultant of Zawale Consultants (Pvt) Ltd, past president of the Zimbabwe Economics Society and past president of the Chartered Governance & Accountancy Institute in Zimbabwe (CGI Zimbabwe). — kadenge.zes@gmail. com or mobile: +263 772 382 852.