28/04/09

Mining – India 1
1. Naxal attack on mines: probe points to intelligence lapse 1
2. Adani coal mining may hurt Maharashtra tiger reserve 3
3. MOEF seeks action against iron ore leases 3
4. Lokayukta takes up crusade against illegal sand mining 4
5. Ennore Coke begin land acquisition for Dhamra plant 5
6. Obulapuram mining firm continues operations 6
7. JITPL starts 1200 MW Angul project 7
Mining – International 7
8. Reefton coal mine to close 8
9. Opposition to Mining Proposal Grows 9
10. FerrAus gets right to mine in Aboriginal reserve 10
11. Spectacle Industries to diversify into mining, power 10
12. Gindalbie gets environmental approvals for Karara iron ore project 11
13. US Appeals Court upholds EPA decision on mine 12
14. U.S. seeks to end Bush mountaintop coal mining rule 13
15. Underground mining in forest areas not so simple 15
16. Signs of mining industry 'expansion' 17
Other News – India 17
17. Aspects of SEZ policy 17
18. Pollution cuts speed of climate change 21
19. Climate change threat to Asian economies 22
20. Women’s Rights as Human Rights 22

Mining – India

Naxal attack on mines: probe points to intelligence lapse
Sib Kumar Das
NALCO staff attribute it to lack of communication between security personnel
________________________________________
Maoists kill two CISF personnel
Casual labour provide vital data to naxals
________________________________________
BERHAMPUR: Investigations reveal the grave flaws in intelligence and surveillance which led to the naxal attack on the bauxite mines of the NALCO in Koraput district of Orissa.
The bauxite mines of NALCO, which were targeted by the naxals on April 12 was located on Panchpatmali hilltop. The mining area at a height of around 4000 ft from sea level has a total mining area of 4647 hectares. The NALCO township and aluminium refinery attached to this mining area are situated 16 km away from the mines on plain land.
The most susceptible point at the Panchpatmali mines was its ‘magazine house’. It is the place where large quantity of explosives used for mining is stored. The ‘magazine house’ is situated at a distance of 3 km from the main gate of the mining area.
According to the employees of NALCO, lack of communication between the security personnel posted in different parts of the mining area is also a point to be pondered over. The Maoists took hostages at the main gate of the mines, killed two CISF personnel at the Fire Station, ransacked the administrative building and took more employees as hostages as part of their first phase of attack. Later, they had to walk 3 km to reach the ‘magazine house’ area. According to NALCO sources, the security staff of ‘magazine house’ had no hint about the attack till then due to which the naxals allegedly could use the surprise element during their attack on ‘magazine house’.
Escape route
The escape route of the naxals from the area indicates that it was a long plan. The Maoists escaped through the dangerous terrains and jungles using hidden but well-made steps on April 13.
They were too sure of their escape route and the steps hint that Maoists may have taken months to cut them on the hill. But there was no intelligence report regarding this secret cutting of steps on the Panchapatmali hill.
The role of insiders in this Maoist attack is also a major issue.
According to sources, interrogation of four Maoists arrested from the area following this attack has revealed that they had used some casual labourers of the mines as their spies to get vital data for their attack.
According to NALCO sources it is alleged that most casual workers had left the mining area to the nearby villages an hour before the naxal attack using different pretexts.
It may be noted that most casual labourers of this mines are from nearby villages. As per eye witnesses out of around 250 attackers, only 50 were armed naxals. The rest seemed to be naxal supporters from villages near the mining area. The irony is that there was no intelligence report about any suspicious activity going on in the nearby villages or among the casual labourers.
http://www.hindu.com/2009/04/28/stories/2009042852670300.htm

Adani coal mining may hurt Maharashtra tiger reserve
Tuesday, 28 Apr 2009
ET reported that the Bombay High Court has issued a notice to Adani Group for mining coal in 1,750 hectares at Lohara village in Chandrapur district closely located to buffer zone of Tadoba Andhari Tiger Reserve.

Adani had been allotted coal blocks there for its Tiroda power plant.

As per report a division bench of Bombay High Court in Nagpur comprising of Justice Dilip Sinha and Justice Ashok Bhangale decided to treat a letter it received from an environmental group as public interest litigation and directed the authorities to submit actual position.

The consul for petitioner Neeraj Khandewale contended that the 1,750 hectares situated at Lohara village, allotted for mining to Adani Group, was posing danger to the Tiger Reserve as the area has been declared as "critical tiger habitat" by the concerned authorities. Tiger population is already dwindling and the mining project will further restrict free movement of wild animals in the tiger corridor across Maharashtra and Andhra Pradesh, the petition alleged.

The mining activities will not only pose threat to the tiger population but also to the flora and fauna and would adversely affect free movement of wild animals in the area. The High Court bench was informed that Chandrapur district was already facing air pollution from cement factories and thermal power plants.
http://steelguru.com/news/index/2009/04/28/OTIwMzg%3D/Adani_coal_mining_may_hurt_Maharashtra_tiger_reserve.html


MOEF seeks action against iron ore leases
Tuesday, 28 Apr 2009
BL reported that the Forest Conservation Division of the Ministry of Environment and Forests has directed the State government to take steps to stop mining activity in five mining leases including Obulapuram Mining Company and Bellary Iron Ore Private Limited in D Hirehal mandal in Anantapur district till demarcation of leases is done by the Survey of India.

Further it was directed that the mining permissions be kept under suspension till proper boundaries and safety zones are provided to the five mining leases on ground.

A letter written by Mr BK Singh principal secretary of Forests of the State government also recommended action against the officials concerned for allowing mining in the five leases without proper demarcation and for violation of the Forest Conservation Act 1980.

In the letter dated April 22nd 2009, Mr Singh stated that Regional Chief Conservator of Forests Bangalore had inspected the mining lease sites to examine the charges of violation of the Forest Act by District Forest Officer, Anantapur, Kallol Biswas in connivances with OMC. The RCCF had sent his report to the MoEF on January 30th 2009.

The RCCF’s report and observations of Central Empowered Committee were examined by the Forest Advisory Committee constituted by the Central Government under Section 3 of the Forest Act. The FAC had noted that the site was inspected by the regional officer and found that mining lease areas were not demarcated on the ground.

The inspecting officer could not ascertain whether mining was restricted to the approved leased forest area or not by the five lease holders. Based on the report, the CEC recommended that no mining activity be permitted till the demarcation is got done by the SoI. It had also recommended the State Government to request SoI for demarcation at the earliest.

After detailed discussions, the FAC had expressed concern over irregularities in operation of the projects cleared under the Forest Act and recommended that permissions given to five mines be kept under suspension till demarcation was completed and boundaries and safety zones were provided.

The Principal Secretary was directed to suspend the mining permissions and activity of BIOP, Y Mahabaleswarappa and Sons OMC and Anantapur Mining Corporation till demarcation and provision of safety zones by the SoI.
http://steelguru.com/news/index/2009/04/28/OTIwNDQ%3D/MOEF_seeks_action_against_iron_ore_leases.html


Lokayukta takes up crusade against illegal sand mining
28 Apr 2009, 0000 hrs IST, Nirmala M Nagaraj & Jayashree Nandi, TNN

BANGALORE: The Lokayukta has been hailed for his crusade against corruption. Now, he’s taking on rampant illegal sand mining in the Cauvery
tributaries. He found that it's also happening on revenue land given to farmers for agricultural purposes.

Sand filtering is quite unsustainable as it involves digging up earth and filtering it with high pressure to remove silica. This is rampant in many agricultural areas and farmers are gradually moving towards this high-income activity.

“This can lead to absolute barrenness of the land. It’s unfortunate that this is happening on revenue land given to farmers for agriculture. The land becomes unsuitable for agriculture. The sand gathered like this is of very low quality and not safe for buildings,” Lokayukta N Santosh Hegde said.

Even in prohibited zones like archaeologically significant Talakad, sand mining is rampant and unsustainable high-pressure pumps are used to suck up water and sand.

He points out that illegal sand mining is big business. Over 1,000 lorries come to Bangalore every day of which a mere 15% are legitimately mined.

In many spots, ponds are being created as miners are not filling up these illegal pits. “Chances of people being sucked down in these pits are high as the mud inside is devoid of sand. I wrote to the government in December 2007 on this issue, but nothing has happened,” Justice Hegde said.

“Sand mining, particularly in riverbeds, impacts groundwater recharge severely. Surface rain-off is high and groundwater is depleted. Vegetation around the water body also changes or sometimes dies completely. Currently, some illegal mining projects are near bridges that could shake their foundation. And most such agricultural land is not appropriate for agriculture. It’s very unfortunate and needs to be tackled immediately,” said geologist K C Shubhashchandra.

Federation of Karnataka State Lorry Owners and Agents Association, secretary, B V Narayanappa, who has been transporting sand for 35 years, said illegal filter sand mining is rampant in the state and low quality sand has impacted quality of buildings. “Government permits on sand mining ended on February 28, 2009. Naturally, all sand transportation after that date is illegal,” he said.

http://timesofindia.indiatimes.com/Cities/Lokayukta-takes-up-crusade-against-illegal-sand-mining/articleshow/4456843.cms


Ennore Coke begin land acquisition for Dhamra plant
Tuesday, 28 Apr 2009
Project Today reported that Ennore Coke is planning to begin land acquisition for its proposed one million tonne per annum coke plant at Dhamra port in Orissa within three to four months.

As per report the company requires 250 to 300 acre at Dhamra to set up the proposed coke plant at an investment of INR 1,400 crore. The company plans to acquire land for the project on its own. The plant is expected to be operational by end-2010.

Besides, the company is looking at acquiring stakes in overseas coal mining assets in order to achieve raw material security to cater to its expansion plans. Ennore Coke is expected to raise capacity of its coke plant at Haldia in West Bengal from the existing 1.5 to 3 tonne per annum.
http://steelguru.com/news/index/2009/04/28/OTE5MzI%3D/Ennore_Coke_begin_land_acquisition_for_Dhamra_plant.html


Obulapuram mining firm continues operations
Express News Service
First Published : 28 Apr 2009 02:28:00 AM IST
ANANTAPUR: Despite the Union Environment and Forests Ministry’s orders that licenses of five mining companies should be suspended in D Hirehal mandal till the demarcation was done by the Survey of India, Obulapuram Mining Company and other companies owned by Karnataka Tourism Minister Gali Janardhan Reddy are continuing their mining activity.
Mining activity was at its peak even today in the areas of OMC and others. Hundreds of trucks carrying thousands of tonnes of iron ore were seen coming out of the mines.
The orders for the suspension of mining licenses was issued by the Centre on April 22 and they had no effect on the OMC or other companies owned by Janardhan Reddy.
Bellary Iron Ore Company stopped the mining activity six months ago, while Y Mahabaleswarappa and Sons company stopped mining operations on the day Union Environment and Forests Ministry issued the suspension orders. Anantapur Mining Company was acquired by the OMC on lease. Of the five companies, three companies were under Janardhana Reddy.
Having no regard to the suspension orders, Janardhan Reddy’s companies were going ahead with the operations round the clock and transporting thousands of tonnes of iron ore. Besides illegal mining, the OMC was also indulging in mining in the reserve forest area.
The managements of both Bellary Iron Ore Company and Y Mahabaleswarappa and Sons company have filed a complaint in D Hirehal police station stating that the OMC was mining in the lands earmarked for the two companies.
They charged Janardhan Reddy with threatening them and employing private armed gangs to terrorise them.
Since Janardhan Reddy was close to Chief Minister Y S Rajasekhara Reddy, no action was initiated against the OMC or its sister companies, it is alleged.

http://www.expressbuzz.com/edition/story.aspx?Title=Obulapuram+mining+firm+continues+operations&artid=XqDzy%7CcdO/8=&SectionID=e7uPP4%7CpSiw=&MainSectionID=fyV9T2jIa4A=&SectionName=EH8HilNJ2uYAot5nzqumeA==&SEO=


JITPL starts 1200 MW Angul project

Bishnu Dash / Kolkata/ Bhubaneswar April 28, 2009, 0:55 IST

The New Delhi based Jindal India Thermal Power Ltd (JITPL) has started the construction work of its Rs 5961crore 1200 Mw thermal power plant at Derang, near Angul in Orissa.
This follows the completion of the acquisition of land required for the project by the company. It required 1100 acres for the project.
The company has already signed the lease deed for 240 acres of government and 793 acres of private land with the state owned Industrial Infrastructure Development Corporation of Orissa (Idco).
While the pre-construction activities like construction of the boundary wall, ground leveling, soil testing have started, the core construction activities are likely to start soon, sources said.
The company has placed order for Boiler-Turbine-Generator (BTG) package with the Bharat Heavy Electricals Ltd (BHEL) for both the units. The Orissa government recently reviewed the progress of the project and the progress was found satisfactory.
JITPL, which signed a memorandum of understanding (MoU) with the Orissa government on 26 September 2006, hopes to commission the first unit of 600Mw by September 2011. TCE Consulting has been appointed as the Owner’s Consultant.
Sources said, the company has achieved financial closure for the first unit and the project is on schedule. While the company will require 5.76 million tonne coal per annum for the entire project, it has been allocated block in Mandakini coal block along with companies like Tata Power and Monnet Power.
The environment clearance for the project has been obtained from the Union ministry of environment and forest (MoEF) and a commitment has been received for supply of 40 cusec of water from the water resources department, sources added.
http://www.business-standard.com/india/news/jitpl-starts-1200-mw-angul-project/356382/

Mining – International

Reefton coal mine to close
Last updated 15:57 28/04/2009
Solid Energy will close its Terrace underground mine at Reefton in two months, its closure hastened by the world economic slowdown.
The mine, which employs 16 permanent and two fixed-term contract staff, had already lost about six staff over the last 18 months by natural attrition while its future was reviewed.
When the mine was last reviewed about 12 months ago, it was producing very good returns from the international market, said Solid Energy South Island operations manager Simon Doig.
"That underwrote continuing on with Terrace for another 12 months, but unfortunately the international market is in a different environment at the moment with the global credit crunch. That revenue is no longer there," Mr Doig said.
However, the closure was more to do with Terrace being a small, marginal, underground mine than the impact of the recession, he said.
Terrace produced 45,000 tonnes of thermal coal a year, mainly for the South Island industrial market.
In recent years, mining had reached depths of 230m, creating considerable engineering challenges, Mr Doig said.
"Unfortunately, we've reached a point where the costs of going deeper safely cannot be met by the lower returns for thermal coal."
Six workers will transfer to Spring Creek underground mine, near Greymouth, next month.
Solid Energy hoped the remainder would also get jobs at nearby Spring Creek or other Solid Energy mines after Terrace closes on June 26.
However, some miners had indicated they did not want to leave Reefton, Mr Doig said.
Century-old Terrace is Solid Energy's smallest mine.
Solid Energy was looking at resuming production at Island Block opencast mine, which had been in care and maintenance since 2002 after mining became uneconomic. Island Block contained about 5 million tonnes of semi-soft coking coal considered suitable for export.
http://www.stuff.co.nz/business/industries/2370268/Reefton-coal-mine-to-close


Opposition to Mining Proposal Grows

Last Update: 4/27 8:26 am



Newtown Residents Try To Build Support In Fight Against Proposed Mine
A group fighting against a proposed mining operation in the Anderson Township- Newtown area tries to drum up more support in a battle that has been going on for almost a year. Martin Marietta wants to blast for limestone at a site on the edge along State Route 32 and Broadwell Road. Local 12's Angela Ingram has more on why opponents say some neighbors are still confused about how to keep the mine out of their backyards.

Organizers rallied Sunday at one of the businesses that may be affected by the proposed mine. They say some residents still think they can *vote* against this project--- but, the decision whether to allow blasting is actually left up to five people.

Fresh produce at Newtown Farm Market is one of the reasons shoppers choose the business over some supermarkets. Bob Palmisano has owned and run the store for 20 years. His business is adjacent to a site where Martin Marietta wants to start blasting for limestone. "The issues of them dynamiting and I don't like the idea that they're going to store dynamite underground and I think it's very dangerous."

Palmisano and others who don't like the plan say a mine on this 500-acre piece of land. They say it would create dust, vibrations, and increase truck traffic, along streets including Roundbottom Road. The site is also across from softball and soccer fields. "Both of my brothers have some games over here and me and my friend have some practices over here, too."

Martin Marietta says the mining operation would bring badly needed jobs during a tough economy-- and development. Still opponents say the cons outweigh the pros. They've been trying to urge more people to come and voice their opinions in front of the Anderson Township Board of Zoning Appeals. "A lot of people are under the pretense that they have to vote for this issue and I'm telling them, you don't vote. It's up to five people to either pass it or deny it."

The group against the mine is almost done laying out its case for the board of zoning appeals. Martin Marietta went first. The public will have a chance to comment likely in June-- but, it's only public comment.

The board will make the decision. The losing side can then appeal to the Hamilton County Court of Common Pleas.

http://www.local12.com/news/local/story/Opposition-to-Mining-Proposal-Grows/OT9LX8r7aE2QeTx50N_7fg.cspx


FerrAus gets right to mine in Aboriginal reserve
Tuesday, 28 Apr 2009
Mining Weekly reported that FerrAus has been granted consent by the Western Australian government to mine for iron ore at tenements located within the Jigalong Aboriginal Reserve.

The consent to mine was granted following a recommendation and agreement of support for mining by the relevant indigenous stakeholder groups, the Jigalong community and the Nyiyaparli native title clement group.

Mr David Turvey MD of FerrAus said that “A commitment has been made between FerrAus and the indigenous stakeholders groups towards a long and mutually beneficial relationship that supports community development and resource development.”

Mr Turvey said that by developing the iron ore assets, FerrAus had a unique opportunity to provide employment, training and other benefits to indigenous residents at the Jigalong community.

He said that “The consent to mine enables FerrAus to progress with development of an initial mining operation at its Robertson Range project. We will immediately advance approvals of our mining proposal for iron ore production of 2million tonnes a year, that is currently with the Western Australian Department of Mines and Energy.”
http://steelguru.com/news/index/2009/04/28/OTIwNDc%3D/FerrAus_gets_right_to_mine_in_Aboriginal_reserve.html


Spectacle Industries to diversify into mining, power

Spectacle Industries Ltd has announced that the Board of Directors of the Company at its meeting held on April 27, 2009, has discussed on the expansion of business and taking the lead for shaping for its diversification strategy forming an alliance with various strategic partners for acquisition of mines and existing plants.

The Board of directors has finalized the deal for acquisition of Manganese Ore Mines from Naresh Agrawal and Iron Ore Mines from Global Hi-Tech Industries Ltd by way of transfer of ownership basis or by merger Scheme as feasible to both parties. Company has also finalized the discussion for merger with Metalite Coke & Coal Pvt. Ltd and Mangal Steel Pvt. Ltd to have the access of Iron Ore Processing Unit and the access of set up for prospective plant of Low Ash Metallurgical Coke. The Board of directors has decided to form a committee to commence the process of entering in to MOU / Merger Agreements and to issue Press Release in this regard under the supervision of board.

The Board of directors has felt that Company should penetrate its business in to emerging and lucrative power industry also and for this the Company is in process of discussion with a emerging Chattisgarh based Company, which been awarded with Coal Block and Iron Ore Mines from the Government and proposing to set up a Power Plant having capacity in the range of 30 to 40 MW. Board has also discussed with Mr. Deepak Kavadia, Managing Director of Clear Investments Group to explore the various business opportunities for its proposed investment in Power Sector. The Board of directors has decided to form a committee to negotiate the terms with them and to enter in to the requisite MoU considering the best interests of Company.

The above merger and acquisitions are subject to various customary and statutory approvals and also subject to due diligence process.

The Stock closed the day at Rs.55, up by Rs.1.95 or 3.68%. The stock hit an intraday high of Rs.55.25 and low of Rs.53.50.

The total traded quantity was 112286 compared to 2 week average of 1202148.

Source: Equity Bulls

http://www.equitybulls.com/admin/news2006/news_det.asp?id=50763

Gindalbie gets environmental approvals for Karara iron ore project
Tuesday, 28/04/2009
The Environmental Protection Authority has granted conditional approval for a $1.8 billion dollar iron ore project in Western Australia's mid-west.
Gindalbie's proposed Karara Project will be based at the Blue Hills Range, 225 kilometres east of Geraldton.
Approval is conditional on the creation of an A Class Nature Reserve over a significant part of the range, including the majority of the Mungada Ridge.
Karara Mining has offered to relinquish its mining tenement over the ridge, which is a biologically diverse outcrop.
Gindalbie shareholders have agreed to allow Chinese steel producer Ansteel to increase its stake in the company to 36 per cent.
http://www.abc.net.au/rural/news/content/200904/s2554855.htm


US Appeals Court upholds EPA decision on mine
Written by HEATHER CLARK


ALBUQUERQUE, N.M. (AP) – The 10th U.S. Circuit Court of Appeals in Denver has upheld an Environmental Protection Agency decision that a proposed uranium mine in western New Mexico would be on American Indian land.

A three-judge panel on Friday denied a petition from the New Mexico-based uranium producer, Hydro Resources Inc., challenging a 2007 EPA decision that an area where the company hoped to develop uranium mines is in “dependent Indian Country.”

The ruling means Hydro Resources must get a groundwater injection permit from the EPA, rather than use a permit already issued by the state of New Mexico.

Chris Shuey, director of uranium impact assessment for the Albuquerque-based Southwest Research and Information Center, said Friday’s decision was expected.

“This particular site in Church Rock is clearly Indian Country. The entire community is of a Navajo character and is surrounded by Navajo lands,” he said.

Hydro Resources, which owns the surface and mineral rights, wants to inject chemicals into the ground to release uranium and pump the solution to the surface in a process called in-situ leaching.

The company sought a permit from New Mexico in 2005 to operate the mine. The state asked the EPA to make a decision on the status of the land.

Hydro Resources had argued the company’s land, known as Section 8, isn’t legally part of the Navajo reservation and should be considered private land. The company has said the land has never been set aside by the federal government for use as Indian land.

Rick Van Horn, vice president of Uranium Resources Inc., the parent company of Hydro Resources, said the ruling has yet to be reviewed by the company’s lawyers.

“It really doesn’t affect whether we’re going to be here or not,” he said. “What it does is impact how we apply for a permit. We don’t see this as anything other than some guidance and we’re committed to continuing with mining and doing business in the state of New Mexico.”

The EPA had argued that one area where Hydro Resources proposes to mine is within the boundaries of the Church Rock Chapter of the Navajo Nation.

The court denied Hydro Resources’ claim that the judges should consider only its private parcel for determining whether the land was Indian land.

Instead, the court tested whether the entire Church Rock Chapter met the requirements that allowed EPA to decide the land was Indian land, court documents showed.

The court determined that EPA was correct that the chapter was set-aside by the federal government, which bought land from the Santa Fe Pacific Railroad Company in the 1920s and gave some parcels to individual Navajos and placed other parcels into a trust for the Navajo Nation.

The court also agreed with EPA that the Church Rock Chapter is dependent on the federal government.

David Taylor, a senior attorney with the Navajo Department of Justice’s Natural Resources Unit, did not immediately return phone calls seeking comment.

Taylor had said previously that the tribe wanted EPA rather than the state to have jurisdiction over the groundwater at the proposed mine because the United States has a higher obligation to protect the interests of American Indians than the state.

Shuey said Navajos have suffered greatly – in terms of health and environmental damage – from the uranium mining industry.

“The health of the workers and the community members in the mining district is and remains a huge issue amongst people on the Navajo Nation,” Shuey said. “The overall effect (of the Appeals Court ruling) is to really help protect these communities and really shed light on the massive cleanups that still need to happen.”

http://nativetimes.com/index.php?option=com_content&task=view&id=1527&Itemid=&Itemid=29

U.S. seeks to end Bush mountaintop coal mining rule
Mon Apr 27, 2009 11:00pm BST
By Ayesha Rascoe
WASHINGTON (Reuters) - The U.S. Interior Department said on Monday it will try to overturn a Bush administration rule that made it easier for coal mining companies to dump mountaintop debris into valley streams.
Calling the rule a "major misstep," Interior Secretary Ken Salazar said he will ask the Justice Department to go to the courts to withdraw the Bush regulation and send it back to Interior to stop the policy.
Salazar said the Bush-era rule allowed coal mine operators to use "the cheapest and most convenient disposal option" for mountaintop fill.
"We must responsibly develop our coal supplies to help us achieve energy independence, but we cannot do so without appropriately assessing the impact such development might have on local communities and natural habitat and the species it supports," Salazar said.
More than half U.S. electricity is generated from coal. U.S. surface coal mining is mostly done in the steep mountains of Appalachia, across Virginia, West Virginia, Tennessee and Kentucky and accounts for about 10 percent of U.S. coal production.
Major energy companies, such as Arch Coal Inc and Consol Energy, participate in mountaintop mining, which involves scraping the surface of mountains and pushing the crumbled mountaintop debris into adjoining valleys.
Under the Bush rule, coal mine operators can dispose of excess mountaintop debris in and within 100 feet of nearby streams streams whenever alternative options are deemed "not reasonably possible."
The Bush regulation replaced a 1983 rule that allowed dumping within 100 feet of a stream if it would not "adversely affect the water quantity or quality or other environmental resources of the stream."
National Mining Association chief executive Hal Quinn criticized the department's rejection of the Bush rule.
"The Secretary of the Interior's move to undo a seven year rulemaking process is precipitous and will only add to the uncertainty that is delaying mining operations and jeopardizing jobs," Quinn said in a statement.
Salazar said most states still operate under the 1983 rule and that he did not believe the department's actions would affect coal mining operations or permits that have already been issued under the older rule.
"The 1983 rule was more protective of water and water quality in the stream, so there is no policy or legal justification to abandon the 1983 rule," Salazar said.
Environmental group Earthjustice said that the 1983 rule was not enforced against waste dumping, however.
"Unless this announcement is accompanied by a firm commitment to enforce the law as it applies to mountaintop removal and valley fills, it's meaningless," said Earthjustice senior legislative counsel Joan Mulhern in a statement.
The EPA said last month it had legal power to block permits for mountaintop coal mines if the agency determined the mining would permanently harm water quality by polluting valley streams.
The Interior Department has overturned several Bush era policies deemed harmful to the environment since U.S. President Barack Obama has taken office. Earlier this year, the department scrapped Utah oil and natural gas production leases near national parks.
The department also extended the comment period on a controversial offshore leasing plan that would open previously banned areas to drilling.
(Additional reporting by Tom Doggett; Editing by Marguerita Choy)
http://uk.reuters.com/article/environmentNews/idUKTRE53Q57820090427


Underground mining in forest areas not so simple
Alfian , The Jakarta Post , Jakarta | Mon, 04/27/2009 2:44 PM | Business
The government's plan to issue a presidential decree allowing mining companies to mine underground in protected forest concession areas has resulted in mixed reactions from industry stakeholders.
Alwin Syah Loebis, president director of state-run mining company PT Aneka Tambang (Antam), praised the decree, saying it would benefit the company immediately.
"This (regulation) is very good. We expect it would enable our project operation in Dairi (North Sumatra ) to start immediately," Alwin indicated to The Jakarta Post during the weekend.
Antam and Australian exploration and mining company Herald Resources have a joint venture called PT Dairi Prima Mineral to develop a large lead zinc deposit in Dairi Regency, North Sumatra.
Part of this project is located in a protected forest. The project has been delayed since 1998 as the Forestry Ministry has yet to issue a permit for the project to operate.
Alwin expected the decree would clear the legal status of the project.
He was fully confident that Antam had sufficient technology and access to capital to carry out underground mining, (despite the higher costs involved and technical complexities), due to their experience in underground mining in other parts of Indonesia.
"We have an abundant experience with underground mining in Pongkor ( a gold mine in Bogor, West Java ) and in other areas," he said.
Having relied heavily on the nickel mining business, Antam is now trying to diversify into mining other commodities, especially gold, iron, and zinc.
Energy and Mineral Resources Minister Purnomo Yusgiantoro said last week that the government was deliberating the proposed presidential decree allowing underground mining activities in protected forest areas. He said this would benefit the sector as it would boost exploration activities as well as proven mineral reserves.
He gave the example of protected forests areas in Kalimantan where there were estimated to be very large reserves of coal. However underground mining requires quite different technologies and know-how, higher investment and stringent safety and environmental standards.
Bob Kamandanu, chairman of the Indonesian Coal Producers Association (APBI) said the decree would indeed boost coal reserves, but it also appeared that it might be quite difficult for the country's coal firms to suddenly adapt to the very different requirements of underground mining, compared to traditional open-cast mining commonly used in Indonesia.
"Underground mining requires high cost and advanced technology. This is even more difficult in Indonesia as our underground rock is often lose and not firm. Thus, I think Indonesia's coal companies will need some years to be able to fully tap the benefits of underground mining," Bob said.
There were higher possibilities of fires, explosions, floods and other accidents, with dangers in underground mining due to its complexity. The industry also would need to depend much more than open-cast mining on highly skilled miners. Furthermore, Bob added, at the moment domestic coal demand could still be adequately supplied from surface mining.
APBI estimated that Indonesia would produce 250 million tons of coal this year, up from about 240 million tons last year. The directorate general for coal, minerals and geothermal earlier estimated that domestic demand for coal would reach 66 million tons this year, up from 57 million tons in 2008.
http://www.thejakartapost.com/news/2009/04/27/underground-mining-forest-areas-not-so-simple.html

Signs of mining industry 'expansion'
By Alison McRae
Posted 9 hours 51 minutes ago
Queensland's Department of Natural Resources and Water says there are signs that the mining industry is pushing forward with development, despite the economic downturn.
The director of assessments, Stuart Cameron, says in the past three years the number of environmental impact statements (EISs) from mining, petroleum and gas companies being assessed has increased by more than 200 per cent.
There are 30 EISs being examined by the department. Mr Cameron says this shows companies are preparing for expansions.
"Certainly, more mining applications cross my desk than we've ever had before in the last five to six years, and that's an indication that the industry's certainly planning for the future," he said.
"We're very happy that they're addressing the environmental impacts during that planning process.
"It must mean that the industry as a whole is looking optimistically in the future."
Mr Cameron's comments come as Macmahon sacked 360 workers from its Saraji coal mine.
http://www.abc.net.au/news/stories/2009/04/28/2554338.htm

Other News – India

Aspects of SEZ policy
V. K. SRINIVASAN
The contributors analyse the advantages and disadvantages of SEZs


SOCIAL, POLITICAL ECONOMIC AND ENVIRONMENTAL CONCERNS OF SPECIAL ECONOMIC ZONES IN INDIA — An International Experience: Edited by P. Arunachalam; Serials Publications, 4830/24, Ansari Road, New Delhi-110002. Rs. 1200
The past few years have been marked by considerable controversy over the Special Economic Zone scheme, initiated through Government of India’s Export-Import Policy of 2000 and later given a firm legislative and operative framework. SEZ is an enclave legally deemed to be outside the customs territory of India for the purpose of undertaking authorised operations for export of goods and services, facilitated by a regime of fiscal concessions and investment incentives. The main objectives of the scheme are export promotion, generation of economic activity and investment stimulation. But its implementation has been assailed as ‘pro-industry anti-agriculture’, and causing farmer displacement and violation of human rights and women’s rights, while the more basic issues of structural shift in the economy, land usage and environmental impact needed critical attention.
Debate
P. Arunachalam, who had earlier authored the book, Special Economic Zones in India: Principles, Problems and Prospects, has accomplished a rather difficult task of gathering 21 analytical contributions from 25 authors, predominantly academic, based in different parts of the country. It seems that most contributors could access only secondary data on the implementation of the scheme up to early 2008. Published in 2009, the volume appears rather dated and is marked by repetitive presentation of details of the scheme, as per the SEZ Act of 2005 and the rules framed under it in 2006. There is however compensation by way of detailed analysis of the emotive aspects and economic issues involved in land acquisition, displacement, impact on farmers, employment, and so on.
Taken as a whole, the articles enable us to appreciate the nuances of the debate on SEZs. Pradeep Mehta and N.C Pahariya offer a balanced assessment of potential costs and benefits of SEZs in India and follow it up with an analysis of results of field surveys in 14 SEZs in different parts of the country, and conclude that, “as against the Chinese model of ‘big and few’ India has adopted a policy of ‘small and many’ while developing the SEZs in the country.”
Three contributions covering the Nandigram agitation, the SEZs in West Bengal and the neo-liberalist factors spurring the SEZs help us understand the vehement protest against the SEZs based on the perception that they are no more than “farmer displacement” initiatives in the name of industrial growth spurred by incentives for industrialists. Another article highlights the arguments of various activist organisations against the acquisition of land in 45 villages in Raigad district for the Maha Mumbai SEZ. While arguments in favour of the SEZs as contributors to exports, foreign investment and infrastructure development have been dutifully recorded and analysed, most contributions have focussed on land acquisition and its adverse impact on farming and landholders.
Detailed analysis
On the whole, the volume provides a dated but detailed analysis of social, political, economic and environmental concerns emanating from the SEZ policy and its implementation from multiple locational perspectives. Placing the issues in a macro perspective, Pradeep Prajapathi argues, “It would be too early to comment on the net benefit or losses emanating from the SEZ policy. A lot of research as regards different aspects of the SEZ policy is required before one can draw some hard core conclusions. With the studies in the field having just begun, a wide ground is open for researchers to choose a particular area to work upon and also to provide some meaningful insight in the policy making.”
If only the editor had supplemented the academic contributions with an account of the recommendations of the Parliamentary Standing Committee (July 2007) that studied the SEZs, the decisions of the Empowered Group of Ministers (April 2007) and the initiatives of the Ministry of Commerce to get the Land Acquisition Act amended and the rehabilitation policy revised, the book would have gained in substance. As it is, the publication is useful as a book of reference.
http://www.hindu.com/br/2009/04/28/stories/2009042850071500.htm

Congress and tribal ire
Manas Dasgupta
PHOTO: PTI

Gujarat Chief Minister Narendra Modi arrives for a meeting at Banaskantha in Gujarat.
Even two years after the enactment of the new central act to give them ownership of the forest land they cultivate, the tribals in Gujarat have so far gained nothing. On the eve of the parliamentary elections, the tribals are asking questions about the intentions of both the Congress-led UPA government at the Centre and the BJP government in the State about implementing the “Scheduled Tribe and Other Forest Dwellers (Recognition of Forest Land) Act, 2006.”
The challenge issued by Chief Minister Narendra Modi last year to the Centre to take action against him for “allocating” forest lands to the tribals without New Delhi’s permission, has not impressed anyone. There was no further action by the State government to give actual ownership rights and the tribals remained where they were, facing harassment by forest officials for alleged encroachment, continued repression and often forcibly displaced from their holdings.
The tribals feel alienated both from the Congress and the BJP. Not known for religious intolerance, the tribals had surprisingly sided with the Sangh Parivar during the 2002 communal riots and overwhelmingly supported the BJP in the State Assembly elections that followed. However, the voting pattern in the 2004 parliamentary and 2007 Assembly elections indicate that the tribals had returned to the Congress fold; most of the tribal-dominated seats were recaptured by the Congress.
The Congress and the BJP blame each other for the plight of the tribals but neither appears to be serious about addressing their problems. The BJP claims that the Centre was not clearing the State government’s recommendations for allotment of forest lands to the tribals, while the Congress maintains that the Centrally-sponsored welfare schemes were not being implemented by the Modi government.
More than one lakh tribals in south Gujarat alone have submitted their claims for getting legal recognition over forest land under the 2006 Act. They have pressed their demands at the district, State and the Central levels, but to no avail. Thousands of tribals have staged demonstrations in front of Parliament demanding that December 13, 2005 be made the cut-off date for recognising ownership rights. But nothing has happened and Gujarat lags far behind other States giving the tribals legal rights over their land.
The tribals are also seeking effective implementation of the national rural employment guarantee scheme, revision of “Below Poverty Line” (BPL) cards and its allotment to the needy, 35 kg food-grains for BPL card holders, home for landless, educational facilities for all especially up to higher secondary, filling the vacant seats reserved for tribals and subsidy in agricultural inputs like, seeds, fertilizers, pesticides and other assistance for the marginal tribal farmers.
At a recent meeting convened by various voluntary organisations, the tribals decided to support the CPI candidate for the Bardoli reserve seat, Shantaben Patel, and appealed to the tribals to vote for Left democratic candidates. The tribal vote, constituting about 14 per cent of the electorate, can impact on seven parliamentary seats in the State. Observers say Mr. Modi has cleverly choked the implementation of the forest land allocation act to turn the ire of the tribals against the Congress, and this will hurt the Congress more than the BJP.
http://www.hindu.com/2009/04/27/stories/2009042755721200.htm

Pollution cuts speed of climate change
Louise Gray
First Published : 28 Apr 2009 01:39:00 AM IST
Last Updated : 28 Apr 2009 08:25:36 AM IST
GLOBAL warming could speed up as the world becomes cleaner, scientists have warned, after new research found plants absorb more greenhouse gases when the air is polluted.
The new research found that plants have been taking in more carbon dioxide over the last 40 years because pollution makes it easier for plants to convert sunlight to energy.
However as the world produces more electricity from renewables and transport is made cleaner, the skies will be clearer — slowing the ability of plants to absorb the greenhouse gas and therefore contributing to global warming.
The study, published in Nature, warned that the reduced ability of plants to absorb carbon dioxide as the air becomes cleaner makes it even more important to cut emissions in the future.
Scientists have long known that the increase in pollution as a result of human activity reduced the amount of sunlight reaching the Earth’s surface from the 1950s to 1980s in a process scientifically known as ‘global dimming’.
Now researchers from across the UK and Europe have found that the phenomenon also increased the ability of plants to absorb carbon dioxide.
This is because the diffusion of sunlight caused by global dimming means the land receives light from different directions rather than just directly from the sun. As a result, plants are able to convert more of the sunlight energy into growth, trapping carbon dioxide as they do so, because more leaves are in the sun.
Lina Mercado from the UK’s Centre for Ecology and Hydrology said: “Surprisingly, the effects of atmospheric pollution seem to have enhanced global plant productivity by as much as a quarter from 1960 to 1999.
“This resulted in a net 10 per cent increase in the amount of carbon stored by the land once other effects were taken into account.” The increase in the amount of carbon dioxide, which is a greenhouse gas, may have helped to slow global warming. However as the world cuts pollution it will speed up again.
Co-author Professor Peter Cox, of the University of Exeter, said: “As we continue to clean up the air in the lower atmosphere, which we must do for the sake of human health, the challenge of avoiding dangerous climate change through reductions in CO2 emissions will be even harder.” “Different climate changing pollutants have very different direct effects on plants, and these need to be taken into account if we are to make good decisions about how to deal with climate change,” Cox said.

http://www.expressbuzz.com/edition/story.aspx?Title=Pollution+cuts+speed+of+climate+change&artid=3lTwh17%7CcVw=&SectionID=XVSZ2Fy6Gzo=&MainSectionID=fyV9T2jIa4A=&SectionName=m3GntEw72ik=&SEO=Peter%20Cox,%20Lina%20Mercado

Climate change threat to Asian economies

Published Date: 28 April 2009
By MICHAEL CASEY IN BANGKOK
THE economies of south-east Asia will contract by as much as 6.7 per cent annually by the end of the century, experts warned yesterday.
The Asian Development Bank (ADB) study focuses on Indonesia, the Philippines, Thailand and Vietnam. It says those countries are especially vulnerable as they have large coastal populations facing rising sea levels and rely heavily on rice and other agriculture products that could suffer from water shortages, as well as floods. Vietnam was said to be the most vulnerable.

Ursula Schaefer-Preuss, the ADB's vice-president for knowledge management and sustainable development, said: "Climate change seriously threatens south-east Asia's families, food supplies and financial prosperity. If south-east Asian nations delay action on climate change, their economies and people will ultimately suffer."

The report said that if nothing was done to combat global warming, by the year 2100 the four nations would see temperatures rise an average of 4.8C from 1990 levels. They would also be likely to suffer drops in rainfall, leading to worsening droughts and more forest fires, more destructive tropical storms and flooding from rising seas.

The economic cost, according to the report, may exceed the projected cost globally of climate change, estimated at 2.6 per cent of gross domestic product (GDP) each year by the end of the century. The ADB calculates the costs at 2.2 per cent of GDP by 2100 if only the impact on markets is considered, 5.7 per cent if health costs and biodiversity losses are factored in and 6.7 per cent if losses from climate-related disasters are included.

http://news.scotsman.com/world/Climate-change-threat-to-Asian.5210839.jp

Women’s Rights as Human Rights
The Promotion of Human Rights as a Counter-Culture
By Zehra F. Kabasakal Arat

Human rights are rights claimed against the State and society by virtue of being a human being. However, the human rights of most people have been continuously violated all around the world. Since all civilizations have been patriarchal,1 regardless of the overall human rights conditions maintained in a society, women have been subject to more human rights violations than men. Women constitute the poorest and the least powerful segments of their communities. They are denied equal access to education, job training, employment, leisure time, income, property, health care, public office, decision-making power and freedoms, as well as control over their own body and life.2Cultural norms, laws and philosophies, including those that are considered progressive and emancipatory, have usually discriminated against women.
OMISSION OF WOMEN
The ancient Stoics’ notion of natural rights, that human beings are created with certain inalienable rights, did not encompass women. When the Christian Church leader St. Thomas Aquinas (c. 1225–1274) was exposed to ancient Greek philosophy—largely through the writings of the Muslim philosophers Avicenna (Ibn Sina, 980–1037) and Averroes (Ibn Rushd, 1126–1198) who studied ancient Greek philosophy, reconciled reason with faith and championed equality and religious tolerance—he incorporated natural rights theory into his teaching. However, he ignored Averroes’ egalitarian approach that opposed the unequal treatment of sexes and considered the reduction of women’s value to childbearing and rearing as detrimental to the economic advancement of society and thus causing poverty.3 Instead, Aquinas revived Aristotle’s misogynous perception of woman as “misbegotten man” and wondered why God would create woman, a defective creature, in the first production of things;4 while other church leaders later questioned if women had souls, that is, if they were fully human.
In modern times, progressive philosophers, such as Jean-Jacques Rousseau (1712–1778), could promote political freedoms and rights, but reject the notion of equality of the sexes. The revolutionary fervour of the eighteenth century that opposed oppression led to the French Declaration of the Rights of Man and Citizen (1789). However, the articulation of human rights in this document, which continued to inspire people all over the world for centuries, could not escape sexism prevalent at the time and omitted women. Nevertheless, a few elite women, such as French playwright and essayist Olympe de Gouges (1748–1793) and English philosopher Mary Wollstonecraft (1759–1797), raised their objections and defended women’s rights by issuing The Declaration of the Rights of Woman (1790) and A Vindication of the Rights of Women (1791), respectively. The collaboration of Harriet Taylor Mill (1807–1858) with her husband John Stuart Mill (1806–1873) resulted in writings that advocated women’s rights and political equality.5
Yet, gender biases prevailed throughout the twentieth century. Even members of the Commission that drafted the 1948 Universal Declaration of Human Rights were willing to employ the word “man” in reference to the holder of the rights. When the Soviet delegate, Vladimir Koretsky, objected to using the words “all men” as “historical atavism, which preclude us from an understanding that we men are only one half of the human species”, the Commission Chair, Eleanor Roosevelt, defended the wording by arguing: [in English] “When we say ‘all men are brothers’, we mean that all human beings are brothers and we are not differentiating between men and women.”6 Thus, the language was maintained for some time. The final draft mostly employed the gender-neutral terms of “human being”, “everyone” and “person”, and the Preamble included a specific reference to the “equal rights of men and women”, thanks largely to the efforts of two female Commission members, Hansa Mehta of India and Minerva Bernardino of the Dominican Republic.7
However, the Universal Declaration and the subsequent human rights documents adopted by the United Nations and other intergovernmental organizations have continued to employ the nominative and possessive pronouns “he” and “his”, in line with the established tradition and understanding that male nouns or pronouns would stand for the female ones as well. Despite their clearly and repeatedly stated anti-discrimination clauses, which specify that sex as a characteristic or status cannot be used as grounds for discrimination or for denial of human rights, documents issued by the United Nations fell short of ensuring that human rights are equally applicable to both sexes.8 Gender gaps were visible even in the United Nations, which did not have women in high office posts, as they were concentrated in clerical and lower-paying jobs, thus maintaining occupational segregation. Starting in the 1970s, however, some significant steps towards addressing gender disparities have been taken by various intergovernmental and non-governmental organizations and government agencies.
THE CEDAW: AN INTERNATIONAL TREATY FOR WOMEN’S RIGHTS
A very important stimulus was the UN General Assembly resolution of December 1972, declaring 1975 as the International Women’s Year. In 1975, the first UN world conference on women, held in Mexico City, declared 1976 to 1985 as the United Nations Decade for Women. The intensive efforts and actions undertaken during the Decade included organizing more conferences on women, the creation of specialized agencies, such as the United Nations Development Fund for Women (unifem) and the UN International Research and Training Institute for the Advancement of Women (instraw), elevating the Branch of the Advancement of Women to a “Division” status and putting women’s rights and concerns on the agenda of other conferences and organizations. Arguably, the most important development that took place during the Decade was the preparation of the Convention on the Elimination of All Forms of Discrimination against Women (cedaw), which was adopted by the Assembly in 1979.
Cedaw was the culmination of a long process, but was given impetus in 1973 by the UN Commission on the Status of Women (csw). In its working paper, the Commission stated that neither the Declaration on the Elimination of Discrimination Against Women (1967) nor the legally binding human rights treaties had been effective in advancing the status of women. It also argued for a single comprehensive convention that would legally bind States to eliminate discriminatory laws, as well as de facto discrimination. With 30 articles organized in six parts, cedaw defines “discrimination against women” in its first article: “For the purposes of the present Convention, the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
The subsequent 15 articles of the Convention (Articles 2 to 16) specify the areas of discrimination, such as laws, legal structure, political and public life, education, employment, health care, rural environment, marriage and family, in which States parties should take measures to eliminate discrimination. The last two parts (Articles 17 to 30) refer to the administration of the implementation of the Convention. “For the purpose of considering the progress made in the implementation”, Article 17 creates a Committee on the Elimination of Discrimination against Women, which functions as a monitoring and advisory agency. The Committee evaluates the periodic reports submitted by States parties, questions government delegations that present the report, guides and advises States parties in meeting the objectives of the Convention, and issues general recommendations that help interpret the intention and scope of the Convention.

Article 6 of the Universal Declaration of Human Rights:“Everyone has the right to recognition everywhere as a person before the law.
”Poster created by Juan Manuel Hernández Montiel, the winner of a contest organized by OHCHR, Mexico and UNESCO in 2007.
The general recommendations issued by the Committee have been important for elaborating on the provisions of the Convention and for drawing attention to some gender-specific human rights violations and the attitudes and practices that disregard the value of women. By stressing such issues as gender-based violence, unequal pay for work of equal value, undervalued and unremunerated domestic activities of women, polygamy and other marital practices that disadvantage women and violate their dignity, the general recommendations have broadened the scope of cedaw and made it a living document. In other words, some limitations in the wording of the Convention, such as treating man as a measure by requiring States parties to ensure that women enjoy a series of rights “on equal terms with men”, or failing to make explicit references to some violations that are experienced mainly by women, are redressed by cedaw through the general recommendations.
The popularity of cedaw, as reflected in its high rate of ratification, has been encouraging. It entered into force on 3 September 1981, less than two years after the General Assembly adopted it on 18 December 1979. According to the Office of the High Commissioner for Human Rights, as of 15 February 2008, 185 countries constituting 96 per cent of UN Member States have become parties to the Convention. However, ratification, accession or succession by 78 countries (42 per cent of States parties) involved declarations or reservations, which allow them to limit their treaty obligations.9 Since more States have placed reservations on this Convention than on any other human rights treaties,10 cedaw appears to be “the human rights instrument least respected by its States parties”.11 Reservations can be withdrawn later; so far, 14 States parties have withdrawn their reservations and a similar number withdrew or modified theirs with regard to some provisions. However, reservations justified by the claim that the culture or religion of the country conflicts with the provisions of the Convention are not likely to be withdrawn in the near future. Such broad reservations undermine “the object and purpose” of the treaty and leave it inapplicable for all practical purposes.
Cultural or religious objections to the provisions can be challenged by two interrelated arguments: first, it should be pointed out that the United Nations human rights regime, including regional ones, are essentially counter-culture; and second, although there may be tensions between goals (e.g., the preservation of culture versus the elimination of discriminatory cultural norms) or between two or more human rights (e.g., people’s right as opposed to women’s rights to self-determination), the international human rights regime requires them to be resolved by upholding the principles of universality and equality in dignity.
PROMOTION OF HUMAN RIGHTS AS A COUNTER-CULTURE
Although recognition and respect for some rights articulated in the Universal Declaration on Human Rights can be found in the cultural references and religious texts of many communities, the traditional cultural norms and practices also include numerous discriminatory stipulations. The novelty of the Declaration and subsequent human rights documents is not only universalism—the notion that all people hold certain rights by virtue of being human—but is also the desire to end all forms of violations that have been allowed in existing cultures. In other words, international human rights follow a reactive pattern: as violations are noticed, the rights violated within prevailing cultures are enumerated in declarations and treaties to bring them under protection. In the case of women, many human rights violations and discrimination have been not only culturally permissible, but often encouraged or demanded by cultural norms. That is why cedaw makes specific references to culture, as well as traditions and customs embodied in cultures, and emphasizes the need to change discriminatory cultural norms, values and practices.
• It stresses that “a change in the traditional role of men, as well as the role of women, in society and in the family is needed to achieve full equality between men and women” (Preamble);
• States Parties … agree … “to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women” (Article 2(f));
• States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men (Article 3);
• States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women (Article 5). (Emphasis mine.)
TENSIONS BETWEEN COMPETING RIGHTS
The universality of human rights, and especially women’s rights, is often challenged by cultural relativists. Relativist arguments, especially when combined with charges of cultural imperialism, pose a major dilemma for the international human rights community. How can peoples’ cultures and their right to self-determination be recognized when several aspects of those very cultures systematically violate a number of human rights? This question is particularly important for women’s rights. Since all contemporary societies are patriarchies, promoting women’s rights inevitably conflicts with patriarchal “cultural” values, religious norms and other hierarchical structures in all countries. Thus, following a strict rule of cultural relativism would keep women’s rights “alien” virtually to all societies, and the emancipatory aspects of the international human rights regime would be undermined and jeopardized in the name of cultural preservation.
With regard to culture and religion, we need to ask the following questions: Who speaks on behalf of the people and religion? Who defines the meaning of culture or interprets the sources of religion and develops doctrines? Cultures, of course, are neither monolithic nor static, but within each culture there are people who would benefit from making it monolithic and keeping it static. In other words, cultures are based on power structures, and by setting norms and assigning values they also perpetuate those structures. Culturally (and officially) promoted values privilege some members of society and disadvantage others, and the privileged ones would tend to use their power to sustain those values that would justify and preserve their privileged positions. Thus, without any democratization of the interpretation and decision-making processes, cultural relativism and preservation of culture end up serving only as shields protecting the privileged people.
By the same token, all religious texts and oral traditions are received in a cultural context and filtered through and fused with the prevailing cultural norms. Always open to interpretation, their messages can be subverted and mitigated by the existing power structures. Thus, religions can embody contradictory norms, which are selectively used and reinterpreted both by the privileged and those who challenge their understanding of religion and its requirements. It is needless to note that in patriarchal systems, it is the voice of the privileged men that dictates cultural and religious norms, even though women may help in their transmission and perpetuation. Egalitarian and emancipatory interpretations by women and their advocates tend to be disregarded or suppressed.
WHAT NEEDS TO BE DONE?
Human rights are closely linked to culture, and the expansion, full recognition and protection of rights would demand the transformation of cultural norms and their material foundations. Thus, compliance with international human rights would require a shift in cultural mores, as well as political commitment. The advocacy of human rights has to involve: (1) analyzing cultural norms in terms of their conformity with human rights principles; (2) acknowledging the diversity of the interpretation of cultures and religious sources; and (3) demanding that States parties to conventions be specific about their reservations, indicating when and how they will remove their reservations.
Universalists usually attempt to advance their arguments against relativist claims by pointing out that several rights embodied in the Universal Declaration and other human rights instruments have existed and have been respected in the cultural and religious traditions of most societies. Although such assertions can be empirically supported, as already noted, the traditional cultural norms and practices also include numerous discriminatory stipulations. Thus, both aspects of cultures (egalitarian-emancipatory and discriminatory-oppressive) should be acknowledged, and all cultures analysed as to where and how they observe the principle of universality. Since human rights are about human dignity, the principle of universality means establishing the dignity of all and calls for equal treatment. Cultures therefore should be examined to identify their contradictions with regard to the principle of equality. Once revealed, the “egalitarian” aspects of cultures can be highlighted and linked to international human rights in terms of principles.12
Critical assessment of cultures and egalitarian interpretation of cultural sources already exist, but these alternative voices tend to be repressed at home and ignored in international debates. Nations and other members of the international human rights community have to break away from the habits of tolerating cultural discrimination in the name of respect for differences, attributing violations solely to the culture, equating culture with religion and treating cultures as monolithic and static. While there has been considerable attention on interfaith and inter-communal conflicts and domination, e.g. rights of religious and ethnic minorities, there has been no effort to address the intra-communal differences and hegemonies. Acknowledging the diversity within a culture and religious community by States parties and in international forums would provide support to the alternative voices and help democratize the interpretation process.

Afghan women attend one of the almost 3,000 literacy courses supported by the United Nations Children’s Fund (UNICEF) for nearly 78,000 women in 2007.
The relativist arguments and reservations placed on treaties can be countered by pointing out that international human rights norms demand such a change of customs and traditions, and what is presented as religious requirement is open to interpretation. It should be demanded of States parties that make such claims, not only to fully explain and specify their reservations, but also to stipulate a programme that would lead to their removal. The expert committee that oversees the implementation of cedaw has already taken some action on these lines. For example, it has issued several recommendations to press States parties that placed “blanket reservations”, declaring they would implement cedaw as long as its provisions do not contradict the Islamic law Shari’a, to clarify their points of reservation.13 The Committee also problematized the issue of interpretation: “. . . at its 1987 meeting, the cedaw Committee adopted a decision requesting that the United Nations and the specialized agencies promote or undertake studies on the status of women under Islamic laws and customs, and in particular on the status and equality of women in the family, on issues such as marriage, divorce, custody and property rights and their participation in public life of the society, taking into consideration the principle of El Ijtihad (interpretation) in Islam.”14
Not surprisingly, the States parties affected by the decision denounced it as a threat to their religious freedoms and rejected the Committee’s recommendation, but the Committee has been persistent in pressing this issue. In 1994, it amended the guidelines for the preparation of reports to provide additional and specific guidelines for States parties that have entered substantial culture- and religion-based reservations. Jane Connors provides a summary:15 “Such States should report specifically with regard to their reservations, why they consider them to be necessary, their precise effect on national law and policy, and whether they have entered similar reservations to other human rights treaties which guarantee similar rights. Such States are also required to indicate plans they might have to limit the effect of the reservations or withdraw them and, where possible, specify a timetable for withdrawing them. The Committee made particular reference to . . . [some States], indicating that the Committee considers such reservations to be incompatible with the object and purpose of the Convention and requiring a special effort from such countries who are directed to report on the effect and interpretation of their reservations.”
In its persistent effort, the Committee should also encourage shadow reports, which not only include the assessments of what has or has not been done by the reporting State towards implementing the Convention, but which also present alternative interpretations of the culture and religious sources. Inviting such reports would equip the Committee with the information needed to effectively question States parties’ justification for their reservations and allow them to recognize the diversity within their society. It would also support women and women’s rights advocates by validating their right to interpret their cultural and religious sources.
http://www.un.org/Pubs/chronicle/2008/issue2_3/2_308p09.html