United Nations Expert Group Meeting on Climate Change and Sustainable Development: The South African Experience

1. United Nations Expert Group Meeting on Climate Change and Sustainable Development: The South African Experience Presented by: C.A. Tham (South Africa) 15 – 16 0CTOBER 2008 NEW YORK

2. Outline of Presentation • Social Context and Background of South Africa. • Legal Reforms to Legitimize Concept of Sustainable Development. • Section 24 of Constitution of SA. • Development of Legal Mechanism to enhance Sustainable Development. • National Framework on Sustainable Development • Air Quality and Climate Change Indicators • Climate Change and Indicators of Sustainable Development • Conclusion & Recommendations

3. Background and Social Context of South Africa (SA) • SA has a medium development index,equivalent to a rank of 111 out of 175 countries (UNDP 2003). • High levels of inequality between people, places, genders, etc. • Legacy of apartheid has left enormous disparities in wealth and massive backlog in service provision (eg: assess to potable water, electricity & adequate sanitation). • Severe insecurity of land tenure, especially for people poor in both urban and rural areas. • Recently HIV/AIDS and unemployment is having negative impact on the socio-economic context

4. Legal Reforms to introduce Concept of Sustainable Development in SA • New Constitution with Bill of Rights adopted in 1996 (Chapter 2): • Everyone has the right to have access to adequate housing (Section 26); • Everyone has the right to have access to health care services, sufficient food and water (Section 27); • Everyone has the right to basic education (Section 29); • Everyone has the right to fair labour practices (Section 23); • Everyone has the right to an environment that is not harmful to their health or wellbeing (Section 24).

5. Section 24 of Constitution “Everyone has the right – (a). To an environment that is not harmful to their health or wellbeing; and (b). To have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that – (i) prevent pollution and ecological degradation (ii) promote conservation and (iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development”.

6. Development of Legal Mechanisms to Enhance Sustainable Development • The Constitution (Act 108 0f 1996) • Environmental Policy of South Africa • National Environmental Management Act (NEMA) Act 107 of 1998). • NEMA: Protected Areas Act (Act 57 of 2003) • NEMA: Biodiversity Act (Act 10 of 2004) • NEMA: Air Quality Act (Act of 2004) • NEMA: EIA Regulations 2006 • NEMA: Integrated Coastal Management Bill • NEMA: Integrated Waste Management Bill

7. Development of Legal Mechanisms to Enhance Sustainable Development

8. National Framework on Sustainable Development (NFSD) • In Johannesburg at WSSD 2002, JPOI was adopted which sets 37 targets for sustainable development as well as meeting MDG goals. • In response to JPOI, South Africa has developed a National Framework for Sustainable Development (NFSD). • Purpose of NFSD: (In two-fold) (i) To articulate South Africa’s vision for sustainable development (ii) Specify strategic interventions in order to re-orientate South Africa’s development path in a more sustainable direction.

9. National Framework on Sustainable Development (Cont’d) • NFSD seeks to build on existing national programmes and strategies that have emerged over last 14 years. • NFSD proposes a national vision and principles for sustainable development. • NFSD proposes focus areas (e.g.: climate change) for strategic intervention. • NFSD will act as guideline for the development of the National Strategy and Action Plan for sustainable development. • The NFSD will be utilized by all social partners, and organs of state within national,provincial and municipal spheres to refine and realign their policies and decision-making systems in order to promote sustainable development.

10. National Vision for Sustainable Development from the NFSD “South Africa aspires to be a sustainable, economically prosperous and self-reliant nation state that safeguards its democracy by meeting the fundamental human needs of its people, by managing its limited ecological resources responsibly for current and future generations, and by advancing efficient and effective integrated planning and governance through national, regional and global collaboration” (NFSD 2008)

11. Principles for Sustainable Development from NFSD Fundamental principles which relates to fundamental human rights as enshrined in the national Constitution: • Human dignity and social equity • Justice and fairness • Democratic governance Substantive Principles: • Efficient and sustainable use of natural resources • Socio-economic systems are embedded within, and dependant upon, eco-systems • Basic human needs must be met to ensure resources necessary for long-term survival are not destroyed for shot-term gain.

12. NFSD & Sustainable Development Indicators • National Framework for Sustainable Development (NFSD) will contribute towards the development of a coherent set of sustainable development indicators for the nation. • At present, individual organizations and institutions have their own set of indicators for sustainable development. • Intention of NFSD is to co-ordinate the fragmented indicators and come up with one national set of indicators.

13. Sustainable Development Indicators and Municipalities (Local Authorities) • It is now a statutory requirement for all local authorities in SA to developed an Integrated Development Plan (IDP) projecting their developments goals in a timeframe of a 5-year term (MSA Act of 2000). • Annual IDP reviews are undertaken every year to establish among other things how municipalities have incorporate the principles of sustainability in their IDP documents. • National and Provincial departments of Environment have a set of sustainability indicators that are utilized to review the IDP documents.

14. IDP Review and Sustainable Development Indicators • Has sustainable development principles as espoused in NEMA being incorporated in the IDP document? • Is there compliance with NEMA EIA Regulations on all projects identified in the IDP document? • Is there compliance with enviro-sectors plans eg: Air Quality Plans, Coastal Management Plans, Waste Management Plans, etc? • Is there a SEA as a layer to the IDP document? • Has an EMF being developed for environmental sensitive geographical areas in the municipality?

15. Climate Change and Indicators of Sustainable Development • Examples of Climate Change in SA: (i). Extreme weather patterns (ii). Rise in sea levels (iii). Floods and droughts (iv). Erosion of coastal shore lines (v). Scarcity of water in the Western Cape area, etc.

16. Recent (2007/08) Examples of Climate Change

17. Recent (2007/08) Examples of Climate Change

23. Some Impacts of Climate Change • Reduced crop yield due to prevailing drought in Zululand. • Impact on tourism as coastal resorts were destroyed in recent high tides. • Unemployment as resorts workers are left without a job. • Knock-on effect on dependants and family members’ quality of live as bread winner in family is without a job. • Increased coastal erosion along the Kwa-Zulu Natal Coastline • Lost of residential properties and other personal belongings as sea level rises. • Higher temps. has a negative influence on livestock.

24. The wrath of the climate change at its best!!

25. ` Tinley Manor

26. The Galley, Ballito

27. Climate Change Status Quo: National/Provincial Initiatives • Adoption of the National Climate Change Response Strategy in 2005. • Recent adoption of cabinet of a Proposal on Climate Change Policy Development (July 2008). • Formation of Climate Change Steering Committees at provincial level. • Steering Committees comprising of all relevant government department and local authorities. • Core functions of steering committees is to develop an Action Plan to mitigate impacts of climate changes in provinces (Eg: KZN Province).

28. Air Quality & Climate Change Indicators • Is there an adopted Air Quality Management Plan for the municipality in compliance with NEMA Air Quality Act? • Is there a designated air quality officer responsible for coordinating matters pertaining to air quality management in the municipality? • Are there adequate/effective air quality monitoring equipments in the municipality? • Percentage of key pollutants monitored according to the specifications in the National Air Quality Framework. • Degree of exceedence of national standards for ambient concentrations of key pollutants in the municipality.

29. Air Quality & Climate Change Indicators (Cont’d) • Number of air quality related complaints received by the local municipality per year. • Change in trends in levels of SO2, NO2, & PM10 in a local municipal area. • Percentage change in the number of daily exceedance of 24hrs average SO2, NO2, & PM10, South Africa standards. • Percentage change in total particulates in a local municipal area. • Percentage of key pollutants monitored in a local municipal area according to the specifications in the National Air Quality Framework.

30. Climate Change Indicators • Is there an adopted Coastal Management Plan for the relevant coastal municipality? • How are many coastal sustainable livelihoods project have been initiated per annum? • Percentage of coastal municipalities with a proclaimed ‘coastal set back line’ in accordance with the Coastal Management Bill • Percentage of coastal management committees formed and operational. • What is the economic value of the coastal goods and services on the municipality

31. Conclusion & Recommendations • Adaptation Strategies for Communities facing climate change as a challenge: • Action Plans of provincial Steering Committees on Climate Change must come up with such Adaptation Strategies. • Climate change indicators to be developed and incorporated into Coastal management Plans for Coastal Municipalities. • Provincial/National Govt. must provide funds for adaptation strategies. • Education, Training and Awareness: • Literacy campaigns within vulnerable communities (e.g.: informal settlements) must be initiated and intensified. • EG: Seminars, Workshops, Dramas& Plays, TV/Radio Advertisements, etc. • Introduction of climate change in school curricula, etc.

32. Recommendation (Cont’d) • On the global front: A more ‘robust’ and legally binding framework on sustainable development must be investigated by the UN at the next earth summit. (Just like the IPCC in 1988 which later developed into a ‘Convention’ as UNFCCC).

33. For More Info: Contact: Mr. C.A. Tham (MEnvDev) KZN Department of Agriculture and Environmental Affairs Private Bag X9059 Pietermaritzburg 3200 Tel: +27 33 355 9427 Fax: +27 33 355 9614 Email: Christian.Tham@dae.kzntl.gov.za Cell: +27 82 886 4076 National Website: http//www.environment.gov.za Provincial Website: http//agriculture.kzntl.gov.za

34. Winston Churchill “The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty”

35. THANK YOU!!!