MCLC: politics of pollution

[Denton, Kirk]

MCLC LIST
From: Sean Macdonald <smacdon2005 at gmail.com>
Subject: politics of pollution
***********************************************************

Although not always self-evident, access to information is also an
important aspect of legal rights, especially when it has to do with the
overall health and well-being, even incarceration, of the citizen.

Will the paternalism of "we know what is best for 'the people'" always
satisfy the citizen/consumer?

Sean

===========================================================

Source: Reuters (3/10/13):
http://www.reuters.com/article/2013/03/10/us-china-parliament-pollution-idU
SBRE92900R20130310
 

In China, public anger over secrecy on environment
 
By Sui-Lee Wee and Adam Jourdan
 

BEIJING/SHANGHAI (Reuters) - When China's environment ministry told
attorney Dong Zhengwei he couldn't have access to two-year old data about
soil pollution because it was a "state secret", it added to mounting
public outrage over the worsening environment.

 
Microbloggers, state media and even delegates to this week's session of
the National People's Congress, the largely rubber-stamp parliament, were
already critical of the government for poor air and water quality. Now
they are also expressing disquiet over the scarcity of information about
the environment available to them.

For incoming President Xi Jinping, who formally takes over towards the end
of the parliament session, the two-pronged challenge is to find the
balance between growth and further degradation of the environment, and
also to decide whether to level with citizens just how bad the problem is.

 
"The significance of this event goes far beyond just environmental
protection," said Dong, in an interview with Reuters. "It concerns the
problem China has had for many years - the issue of government
transparency. (They) shouldn't use 'state secrets' as a shield when
they're not in the right."

 
The environment has already been one of one of the most frequently raised
issues at the annual parliament session and China's authoritarian
government has admitted it has a problem.

 
"Our country, in a very short time over the past 30 years, has achieved
brilliant economic achievements," Xin Chunying, vice-director of the NPC
standing committee's working group on the legal system, told reporters on
Saturday.

"But at the same time, we have paid a heavy price with the environment.
This price must stop, it has to be reduced, we must say ‘no' to the status
quo."

 
China does not usually allow public scrutiny of governance, particularly
on sensitive issues such as corruption and security. But public anger over
the environment may force authorities to accommodate the public in small
ways.
 
"In other areas it is still dangerous," said Gary Liu, a professor at the
China Europe International Business School in Shanghai. "But pollution is
a relatively safe area, because people have enough justification to fight
against the government and they can easily get enough public support
because everybody is in the same country, breathes the same air."

 
SILENT KILLER

 
A choking smog in Beijing in January, far above hazardous levels, has been
one of the most dramatic signs of China's environmental problems, but Dong
is convinced that soil pollution is the country's "silent killer."

 
About 40 percent of China's agricultural land is irrigated with
underground water, of which 90 percent is polluted, according to Liu Xin,
a food and health expert and a member of an advisory body to parliament,
who was quoted in the Southern Metropolitan Daily.

 
Citing "state secrets", the environment ministry last month denied a
request from Dong for information on data on soil samples that was
collected in a national survey that started in 2006 and ended in 2010.

 
The decision was perplexing to Dong, since he had been given signals that
authorities would be accommodating on environmental issues.

He said after filing more than 10 lawsuits against other government
departments in 2008, officials from the legislative affairs office of the
State Council, or cabinet, pleaded with him to stop suing those agencies
and "sue the environment ministry on the basis of the public's interest".

 
The government has caved in to public pressure for access to environmental
information before. In early 2012, amid growing public outrage about air
quality in the capital city, Beijing began announcing publicly the amount
of tiny pollution particles in the air that measure 2.5 micrometers or
less in diameter.

 
"Before the release of PM 2.5, there was controversy, some people thought
that releasing the information on air quality may lead to panic in the
society," Yan Chengzhong, a Shanghai delegate, said on the sidelines of
the parliament session, according to the Wen Wei Po newspaper.

 
"But the facts proved this is not the case. 'Being unaware' would only
cause people to panic."

 
And just last month, the government acknowledged for the first time that
pollution had given rise to "cancer villages", admitting that cancer rates
in villages near factories and polluted rivers were far higher than they
should be.

But examples of the environment ministry's shortcomings abound.

 
Pan Zhizhong, a resident in Panguanying village in northeastern Hebei
province, has led his village of 1,900 people in protesting against the
construction of an incinerator plant since 2009.

 
When Pan sued the Hebei Department of Environmental Protection in 2011, he
was given access to the environmental impact assessment that the
environment ministry claimed it had done in the village. Pan discovered
that the assessment, carried out by the Chinese Academy of Meteorological
Sciences, had names of people who had left the village two decades
previously and even a person who had been dead for two years - all
"expressing favor" for the project.

 
Pan surveyed 100 people in his village, showing them the purported
environmental impact study. The majority of them gave him written
statements that declared: "I've never seen this form," according to
documents seen by Reuters.

 
A PRICE TO PAY

 
Sometimes, challenging the government comes at a cost.

Chen Yuqian, 60, a farmer from the town of Pailian in eastern Zhejiang
province, said he has been beaten up five times in his decade-long fight
against soil and water pollution --beatings for which he blames local
officials.

 
On February 20, Chen issued a challenge on Weibo, China's version of
Twitter, daring officials from the local environment protection bureau to
swim in a stretch of polluted river. He offered 300,000 yuan ($48,200) as
a reward.

Four days later, dozens of men, carrying sticks and rocks, charged into
his home and started smashing things, Chen said.

 
"They are trying to scare me so that I don't petition anymore, so that I
don't report on the pollution anymore," Chen said.

 
Xu Shuifa, the Communist Party secretary of the district that governs
Chen's village, told Reuters by telephone that he had no links to the
attackers and said the attack was linked to a land dispute Chen has with
three of his neighbors.

 
Back in Beijing, Dong, the attorney, said he had filed an appeal with the
environment ministry for the soil survey data and expected a decision
within two months. He said he would go to court if he was denied.

 
(Additional reporting by Hui Li and Beijing Newsroom in BEIJING and John
Ruwitch in SHANGHAI, Editing by Bill Powell and Raju Gopalakrishnan)