PROTECTING BIODIVERSITY THROUGH SAFE USE OF CHEMICALS

– MANOHAR SAMAL, 5th Year, (B.L.S., L.L.B.), University of Mumbai.

Biodiversity refers to the attributes, variety and assemblage of living organisms, biotic processes or biotic communities that can either be entirely natural or modified through any process undertaken by human beings and the area in which such biodiversity exists can be termed as the biosphere.^[1]Under such circumstances, it is evident that biodiversity can be perceived everywhere, right from food to medicines.^[2]Reportedly, 87 out of 115 leading global food crops highly rely upon insect or animal pollination^[3]and its contribution to the agricultural sector globally is worth as high as USD 200 Billion annually.^[4]A resilient biosphere with rich biodiversity resources with trees and forests also keeps climate change at bay by removing carbon dioxide and releasing oxygen at high levels.^[5]

Despite the benefits of biodiversity, a 2019 study conducted by the Intergovernmental Science- Policy Platform on Biodiversity and Ecosystem Services found that one million species face the threat of extinction due to unsustainable human activities.^[6]The role of biodiversity in human health and well- being is extremely pivotal. In fact the theme for the World Environment Day, 2020 has also been set as conservation of biodiversity.^[7]

Pollution from chemicals and hazardous wastes is the most significant driving factor that is leading to incessant loss of biodiversity. Albeit the fact that chemicals are an indispensable part of every human’s life, coherent legal frameworks on the international, regional and domestic sphere can aid the situation of minimising loss to biodiversity.^[8]The Strategic Approach to International Chemicals Management (SAICM) is one such legal international instrument which promotes chemical safety globally.

The SAICM is a strategy which encompasses within its ambit and is a combination of three documents, viz., the Dubai Declaration on International Chemicals Management, Overarching Policy Strategy and the Global Plan of Action.^[9]The SAICM works with governments, industries, civil societies, international organisations and the United Nations system to ensure sound and environment friendly management of chemical produce and chemical use.^[10]

The Dubai Declaration on International Chemicals Management^[11]covers sound management of chemicals in line with the sustainable development goals, recognises the involvement of the private sector, non- state public health and environment protection organisations in safe chemical management, addresses the limited progress of chemical safety and management by acknowledging the various environmental contaminants and the importance of concerted action to ameliorate the situation. The Dubai Declaration also addresses the distinct needs of various Global South and Global North nations and aims to strengthen coherence and synergies for better and sustainable international chemical management and also aims to reduce the gaps. The Declaration also addresses the issue of illegal traffic.

The Overarching Policy Strategy^[12]is a document that is heavily inspired and based upon the Dubai Declaration. It contains strategy to adopt processes and instruments and involves all forms of stakeholders of environmental, economic, health, labour and social aspects of agricultural and industrial chemical safety and also for inculcating sustainability in all the chemicals’ life cycle stages.

The Global Plan of Action^[13]furnishes guidance for stakeholders under three tables. Table A of the Global Plan of Action provides a summarised list of work areas covered under the strategy as a whole and the associated activities that would serve ancillary for completion of that work area. Table B can be said to be a more detailed elucidation of Table A whereas it suggests relevant actors that can indulge in such activities to achieve results in the work area and also specifies time frames, implementation aspects and progress indicators. Table C consists of the list of unconcluded discussions which could be taken up after the implementations of the strategy through the sessions of International Conference on Chemicals Management.

Interestingly, the SAICM consisted of few goals which were supposed to be achieved by the end of 2020. The goals were to achieve chemical use in a manner which does not cause unreasonable or unmanageable risk to human health and the environment and minimising the risks from unintended chemical releases.^[14] 

Few other related international instruments which have also been acknowledged by SAICM and contain similar provisions to deal with sustainable chemical management are, the International Labour Organisation Convention No. 170 on Safety in the Use of Chemicals, International Labour Organisation Convention No. 174 on the Prevention of Major Industrial Accidents, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, Stockholm Convention on Persistent Organic Pollutants and the Global Harmonized System for the Classification and Labelling of Chemicals.

It is indeed undeniable that international instruments such as the SAICM work with a multitude of stakeholders for the promotion and realisation of chemical safety and this leads to effective protection of biodiversity from the ill- effects of unsustainable management of chemical waste. While paving the way forward, it is noteworthy that not only legal instruments, stakeholders and international actors, but also individual participation can pragmatically contribute to reducing biodiversity contamination due to unsound management of chemicals and its waste. Reduction of single use plastics, proper disposal of chemicals and toxic waste instead of mixing them up with domestic waste and resisting the use of products that comprise harmful chemicals which are toxic to pollinators are some of the ways as to how individual participation can lead to positive results in the preservation of biodiversity in the present context.