Malawi National Environmental Policy: a philosophical appraisal

1.0. INTRODUCTION

Malawi is facing serious challenges in environmental protection. Over the past twenty years, many hectors of forests have been cleared for agriculture. The major contributing factor to this problem is the rapid population growth that the nation has experienced in a space of twenty-five years. Poverty has also led to the destruction of trees as many rural people have wantonly destroyed indigenous trees for charcoal burning to generate income for supporting their families. This problem has been exacerbated by the fact that alternative sources of energy are expensive and some not available. Thus, there has been an increase in demand of firewood and charcoal and this has acted as a stimulant to those engaged in the business. It is in realization of these problems that the Malawi Government came with an environment policy in 1996 which contain principles of environmental protection. The central aim of this paper is to critically analyse the environment policy as captioned above.

In order to achieve its intended objective the essay will follow a specific outline. The first part of the paper offers a brief background of the Malawi environmental policy, specifically its origins, goals and principles. The second part briefly outlines the principles of United Nations Environment Programme (UNEP) as contained in the Rio Declaration, United Nations Conference on the Human Environment (Stockholm Conference) and Kyoto protocol. The other sections looks at the assumptions and implications behind the policy, its ethical foundations, its weaknesses and strengths, its link to international instruments and finally how and where can the policy be revised so as it best protects the environment.

2.0 MALAWI ENVIRONMENTAL POLICY: ORIGINS, GOALS AND PRINCIPLES.

The National Environmental Policy, here in referred to as NEP, was adopted in 1996 and is based on the National Environmental Action Plan (NEAP). The NEAP describes the condition of the environment in Malawi and proposes the measures to be taken in order to address the situation. The National environmental policy has fifteen guiding principles targeted to meet thirteen goals. Its principle goal is the promotion of sustainable development through environment protection. Most of the principles contained in the National Environmental Policy (NEP) relate the importance of environmental protection to social and economic development.

Briefly, one of the core principles states that every person has a right to a healthy environment and duty to maintain and promote the goodness of the environment (NEP, 2004: 4). This principle emphasises on the reciprocal duty that an individual has towards the environment after benefiting from it. This implies that the unnecessary use of the environment without the observarance of that duty attracts a legal or a moral punishment. There is also a principle relating to participation that emphasises that women, children and youth are vital in environmental protection. The sensitisation of children is important because they are the future leaders and women as an integral part of society should get involved in enhancing environmental management and protection (Ibid, 5). The other important principle is that individuals are obligated to use renewable resources in a sustainable way for their own benefit and for the benefit of the future generations (Ibid, 5). The NEP has also principles relating to poverty reduction and mitigation. The objective for this is to improve human welfare, sustainable environment and natural resources management (Ibid, 7)

3.0.UN ENVIRONMENTAL POLICY: ORIGINS AND PRINCIPLES.

United Nations Environmental Programme (UNEP) has its origins from a number of treaties and declarations that were conducted internationally under the umbrella organisation of the United Nations (UN). The Stockholm conference from which the Rio Declaration is derived is the main foundation of the United Nations Environmental policies.  At Stockholm conference in 1972, nations met to discuss the issue of environmental degradation. The conference results led to the emergency of the Rio Declaration, which contains fundamental principles as regards to environmental protection.

One of the fundamental principles of the Rio Declaration is that human beings are at the centre of the universe and there are guaranteed a healthy and productive life in conformity with nature. (Rio Declaration, Principle 1). Therefore, in exploiting the environment to attain a healthy and productive life, human beings have an obligation to preserve the environment. The Rio Declaration also states that environmental protection is part of development process. One way of protecting the environmental is the prevention of conflicts and their peaceful resolution (Ibid, Principle 26). Thus, peace, development and environmental protection are inter-dependent and indivisible. Participation of women, youth, and indigenous people also forms one of the core principles of the Rio Declaration (Ibid, Principles 20, 21 and 22). These principles are founded on the assumption that the environment is useful to everyone as such any individual has a duty towards its protection and sustenance. Principle 5 of the Rio Declaration also calls all state to take necessary measures to eradicate poverty as a prerequisite for environment protection.

4.0 THE LINK BETWEEN NEP AND UN ENVIRONMENTAL POLICIES.

Malawi is a party and conforms to internationally accepted principles of the 1972 Stockholm conference and the 1992 Rio Declaration. It has also signed and ratified a number of international treaties relating to environmental degradation and protection, apart from being a signatory to a number of conventions relating to the same (NEP, 2004:1). As such, there is a well-established link between the principles of the United Nations Environmental Programme (UNEP) and the principles of the NEP. The following are some of the links.

Firstly, both NEP and UNEP take a Consequentialist perspective on environmental protection. The principle of recognising the important of environmental protection due to its usefulness to human beings contained in NEP is also reflected in the United Nation Environmental Programme (NEP 2004:4 and Rio Declaration, Principles 1, 3, and 4). The view that the environmental is vital for socio- economic development of all human beings is held by the two bodies. It is from this basis that individuals have a duty to preserve the environment. In Malawi and elsewhere in the world, the environment plays a very important role to development. Hence, it is required that the environment be used in a sustainable way to promote development. This is why both the United Nations environmental policy and the Malawi National Environmental Policy recognise the importance of environmental protection.

Secondly, NEP views environmental protection not as vital only to the present generations, but also to the future generations (NEP, 2004:5). The present generations are enjoying the environment, henceforth; they have a duty to protect the environment to make it accessible to the future generations. This view is also stipulated under principle 1 of the 1972 Declaration on UN Conference on the Human Environment (DUNCHE), (Barcalow E, 2003:333) It states that renewable resources should be used in a sustainable way to benefit both the present and the future generations. Thus, there is a principle of intergenerational equity in both NEP policy and the DUNCHE. The principle of intergenerational equity sates that states and individuals are obliged to take into consideration the future impacts of their actions.

Moreover, participation of all groups is considered vital by both Malawi National Environmental Policy (NEP) and the Rio Declaration. NEP stipulates that women, children, youth, private sector, Non Governmental Organisations (NGO’s), Community Based Organisations (CBO’s) and all concerned parties forms an integral part in environmental management and protection, (NEP 2004:6). This principle is also contained in the Rio Declaration and it urges all states to incorporate all sectors of the society in environmental protection (Rio Declaration, Principle 10). This is in consideration that the issue of environmental degradation is of everyone’s concern and therefore cannot be dealt at state level alone. The environment is a common wealth as it benefits everyone, as such, every individual is obligated to use whatever means to preserve it for sustainable development.

More importantly, both NEP and UNEP consider poverty reduction as a fundamental step towards poverty reduction. NEP stipulates that poverty alleviation is important for sustainable environment and natural resource management (NEP 2004:7). UNEP compliment this by encouraging all nations to cooperate and take appropriate steps in the eradication of poverty, this constitute Principle 5 of the Rio Declaration. Thus, NEP and UNEP realises that poverty reduction is essential to environmental protection.

The other link is that both the NEP and the United Nations Environmental Policies contained in the Rio Declaration takes an ecosystem management approach. The protection of the ecosystem is very crucial and cannot be done at state level alone. NEP emphasises on the protection and conservation of ecosystems and this is stipulated under principle (E). The Rio Declaration substantiates this principle by fostering state cooperation in the protection and maintenance of ecosystems. Ecosystems are to be protected and maintained by reducing emissions of gases that destroys the ozone layer, increases levels of carbon dioxide in the atmosphere, which in turn brings imbalance to the ecosystems. Principles regarding the reduction of carbon emissions are contained in the Kyoto Protocol, a protocol to the United Nations Framework Convention on Climate Change (UNFCCC). This protocol is aimed at putting measures on the stabilizing of the greenhouse gases that affect the climate system and the ecosystems.

5.0. THE ETHICAL FOUNDATIONS OF THE NEP.

The NEP is founded on the ethical theory of Utilitarianism. From the utilitarian perspective, an action is right if it promotes the greatest good to the greatest number of people: Is bad if it produces unhappiness to the individuals. The theory of utilitarianism has been reflected in many principles of the Policy. For instance, the overall objective of protecting the environment is to preserve it so that in continues to enhance the healthy and productivity of human beings (NEP 2004:4). Thus, the driving force for individuals in protecting the environment is to prevent calamities that may negatively affect their welfare. From this respect, it can also be seen that the NEP is Anthropocentric as it focuses on human welfare as its main reason for protecting the environment.

The NEP is also founded on the liberal concepts of “equality and equity”, “rights and duties”. In terms of equality, NEP is founded on the principle of intergenerational equity. The principle requires that when acting individuals also consider the long-term effects of their actions on future generations (Bergen C, 1995:126). Therefore, human beings duty toward the environment is not only based on the immediate benefits that they gain, but also on consideration of the future beings. The notion of equality requires that equal individuals be given equal opportunities and privileges. Since the present generations have accessed the environment in a good condition and are benefiting from it, they have a duty to pay equitably the future generations just as the prior generations did to them. In this light, the NEP is also based on the concept of rights and duties.

6.0 ASSUMPTIONS AND IMPLICATIONS BEHIND THE NEP

The main assumption behind the NEP is that the environment is there to service the needs of human beings. This is substantiated by the fact that most of the principles contained in NEP are concerned with the protection of the environment so that to promote the healthy and socio-economic development of the individuals, society and the nation at large. The policy is anthropocentric as it places human beings at the centre of creation by advancing their needs.  

Secondly, the policy assumes that future generations have rights that present generations are obligated to respect. The fulfilment of these rights involves the protection of the environment for its continuation. Some of the principles of the policy place much emphasis on this.

 Turning to the implications, the anthropocentric view in the NEP implies that the environment has an instrumental value. It has value so long as it enhances human development. It has been observed that most of the principles contained in NEP relate the importance of environmental protection with social and economic development. This implies that the value of the environment depends on its usefulness to human beings. Human beings duty towards the environment as such is derived from the benefits they obtain from it.  

Secondly, the principle of Intergenerational equity, which is the ethical foundation of NEP disassociate the issue of rights from duties. It implies that and individual can have a right without having a duty. The principle asserts that present generations have a duty to the future generations. However, according to contractual theories, individuals have rights because they enter into a contract in which they implicitly agree to reciprocate good for good and evil for evil (Warren M, 1998:55). For instance, one does a good action towards another person with the expectation that a good act will also be return. The principle of intergenerational equity goes against that by implying that individuals have a duty even to those who cannot reciprocate.

7.0 STRENGTH AND WEAKNESSES OF THE NEP.

7.1 STRENGTHS

The first strength of the NEP is its realisation that issues of environmental protection cannot be done at state level alone. Environmental protection requires an integrated effort. NEP appreciates this by recommending that children, youth, women, men, Non-Governmental Organisations, Community based organisations any concerned citizen have to take part in preserving the environment (NEP, Principles c, d, h, and i p5). For instance, the issue of charcoal burning, which is main challenge as far as environment protection concerned in Malawi can be fully addressed if all individuals can have a duty to sensitize each other about its effects. The state alone cannot deal with that problem. It is in recognition of this that NEP calls for participation of all citizens in protecting the environment.

Secondly, NEP recognises that there is a strong link between poverty and environment degradation. Considering this, NEP has principles pertaining to poverty reduction and alleviation (NEP, p7). Income of most individuals in rural settings is generated by exploiting the environment, for example by charcoal burning and the selling of fuel wood. All this contributes to the destruction of forests. Therefore, by finding means of eradicating poverty the issue of environment protection cannot be simplified to some extent.

7.2 WEAKNESSES.

The major weakness of the NEP and one that requires an immediate solution is the enforcement of the policies. The National Environment Policy does not provide measures to be taken against those who misuse the environment. There is only one principle that states that individuals have a duty to take a legal action against those whose actions poses a serious threat to the environment (NEP Principle b, p5). However, legal punishments are difficult to enforce by the local people in villages, hence this gives absolute liberty to individuals who exploit the environment. Moreover, since there are few courts, it means even if one was to be taken to the courts the case will take a long time to be settled. In general, law reacts slowly as such legal punishment is not enough in deterring individuals from degrading the environment.

The other weakness is that the policy is cantered much on the promotion welfare of human beings. Most of the principles contained in it regard the environment to be useful because of its benefit to human beings. For instance, the overall goal of the policy is that the environment should be protected for sustainable development.  In this light, it is assumed that the environment has value defined by human beings. This gives a licence to individuals to exploit the environment without limits.

8.0. RECOMMENDATIONS.

The NEP is a workable environmental policy as it has well articulated objectives and principles that provide a sound basis for the protection of the environment. More especially NEP’s principle on poverty reduction and mitigation are crucial in environment protection. Malawi’s environment problems are largely to poverty as stated earlier in the introduction. Therefore, it is only by addressing poverty problems that the environment can be preserved.  However, they are two important areas that need to be addressed. These are areas of enforcement of the policy principles and approach.

 On enforcement, it has been stated elsewhere in this paper that the policy mainly emphasises on legal actions against those who misuse the environment. However, because of the slowness of legal process it has been observed that legal actions are not effective in deterring individuals in degrading the environment. Adding to this, legal actions can rarely be undertaken in local settings where most individuals are illiterate of legal procedures and processes. Considering this problem, it is therefore appropriate that some means of enforcing the policy principles be encouraged if we to fully protect our Environment. Punishments, like payment of money, should be administered by local people like chiefs so that to deter other individuals from committing the same crimes against the environment.  

In terms of approach, the NEP is more anthropocentric. It puts the human interests in the forefront as reason why individuals should protect the environment. Despite stipulating somewhere that Bio diversity has an intrinsic value independent of their use, it must be admitted that most of the principles are result oriented.  For instance, the overall goal of the policy is the conservation of the environment to enhance social and economic development. This means individual are obliged to preserve the environment for the attainment that development. There whosoever, sees that social and economic development is not valuable to him has no need to conserve. This is the problem with anthropocentric view; it leads to subjective values. The solution to this problem is that   the policy should emphasise on the intrinsic value of environment. This will make individuals to conserve the environment regardless of its usefulness to them.

9.0 CONCLUSION

In conclusion, the paper has critically analysed the NEP. It has briefly outlined its origins goals and principles, its link to international instruments of the United Nations, its ethical foundations as well as the assumptions and implications behind it. It has also reflected of on the strengths and weaknesses of the policy. There recommendations to the weaknesses have also been suggested. It by considering the recommendations that the policy can be strengthen.

BIBLIOGRAPHY

---

Primary Text

Government of Malawi, National Environmental Policy: Environmental Affairs Department; Ministry of Land Energy and Mining. Venus Printing Press, 2004

Secondary Sources

Barcalow, E. Moral Philosophy: Theories and Issues, 3rdEd. California: Wadsworth,

2003.

Bergen C, Environmental Policy in an International Context: Perspectives on Environmental Problems: Arnold Publishers; Oxford University Press 1995.

Quarie J (Ed) Earth Summit: The United Nations Conference on Environment and Development. Rio De Janeiro, Regency Press Corporation, 1972

“Rio Declaration” in Pojman L, (Ed) Environmental Ethics 2^nd ED: Wadsworth, Belmont California 1998.

United Nations, Rio Declaration on Environment and Development: Wikipedia, the free Encyclopedia) (http://en.wikipedia.org/wiki/Rio_Declaration_on_Environment_and_Development)

________ Kyoto Protocol; Wikipedia, the free Encyclopedia, http://en.wikipedia.org/wiki/Kyoto_Protocol

Warren, M. “A Critique of Regans Animal Rights Theory” in Pojman, L (Editor) Environmental Ethics 2^nd ED. Wadsworth, Belmont California 1998

---