Stockholm Declaration: A brief overview

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This article is written by Pragaas Kaur Chugh of IILM Law School, an intern under Legal Vidhiya

Introduction:

In the year 1962, air pollution that led to the “pea soup” fog had killed over seven hundred people in London, England. Five years following that, a waste pile collapsed in Wales in 1967. It resulted in the death of 28 adults and 116 children. Drought had ravaged the Sahel region of Africa. In A city of Japan called Minamata, Methyl Mercury pollution affected over two thousand people and they died because of it. Similar incidents of climate change were being witnessed by other parts of the world. All these tragedies resulted in the call for action which took the shape of holding the Stockholm Conference.

About the Conference:

The years from 1968 to 1987 is also known as the Stockholm Era. In 1968, the United Nations General Assembly, agreed to organise a conference addressing environmental problems in the year 1972. A number of precautionary meetings and their implementation were held in this period. The venue for the conference was decided in the year 1969. The conference observed the participation of 113 members countries. On the other hand, communist Eastern block led by Russia boycotted the actual event since West Germany was allowed to participate whereas East Germany was not. It became the first UN Conference to have the best scientific minds in the world who prepared the Framework for this Conference. This resulted in the first environment report, titled “Only One Earth”. This title became the motto of not just the Conference but for also subsequent issues relating to the environment. This Conference also observed for the first-time assertion by developing nations that they have to develop and prosper. Developed nations were held accountable for the ongoing issues concerning the environment.

Stockholm Conference which is also called conference on Human Environment was held at Stockholm, capital of Sweden in the year 1972. This declaration is considered the first holistic approach to address environmental concerns at an international level. This conference ran for a period of two weeks, from 5^th to 16^th June, 1972. In the two-week period apart from a basic declaration, detailed resolutions were also passed. The detailed resolutions talked about institutional and financial arrangements. This conference is considered ambitious since a total of 109 recommendations were passed. The conference covered various issues, from human health, human settlements to natural resources and the environment. At the end of the Conference, a consensus was reached among the participating countries. It proclaimed twenty-six principles which were considered the Magna Carta concerning human environment. Mr. Maurice F. Strong, former president of the Canadian International Development Agency was the Secretary of this Conference. The declaration is mainly divided into parts. The first part discusses the relationship of man with the environment. It makes observations like men are not only the creators but also the moulders of the environment. This part also discusses the importance of taking care of the environment. It held the citizens and governments around the world responsible for the protection and preservation of the environment. Part two of the declaration enunciates twenty-six principles. The main objective of the declaration was to the mother earth to the forthcoming generations in healthy and clean conditions.

Principles:

The Stockholm Declaration has twenty-six principles in total. These principles were signed by all the 113 member countries who participated in the Conference. Principle one and fifteen are considered human centric principles. Principle 1 states that Man has the fundamental right to freedom, equality and adequate conditions of life, in environment of that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect policies promoting or perpetuating apartheid, racial segregation, Discrimination, colonial and other forms of oppression and foreign domination stand condemned and must be eliminated. Principle 15 talks about Precautionary actions and states that planning must be applied to human settlement and urbanization to avoid adverse effects on the environment and obtaining maximum social, economic, and environmental benefits for all.

Principles two, three, four, five, thirteen and fourteen come under Sustainable Development.

Principal two includes the natural resources of the planet including the air, water, land, flora and fauna and especially representative samples of natural ecosystems must be safeguarded for the present and future generations through careful planning or management as appropriate. Principle three includes the capacity of the earth to produce vital renewable resources must be maintained and wherever practicable restored or improved. Principle four says that man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat, which are now gravely imperilled by a combination of factors. Nature conservation, including wildlife, must therefore receive importance in planning for economic development.

Principle five discusses the non-renewable resources of the earth must be employed in such a way to

safeguard against the danger of their future exhaustion and to ensure that the benefits from all emoluments are shared by all mankind. Principle thirteen states that states should adopt an integrated and coordinated approach to their development planning to ensure that the development is compatible with the need to protect and improve environment for the benefit of their population. Principle fourteen includes the need for rational planning by the States to reconcile the conflict between development and environment.

Principle twenty-one is called the Reflection of Customary International Law position. It talks about the prevention of environmental harm. Further developments in legal control of activities and exploitation of the natural resources within their jurisdiction to prevent any damage to the environment.

Principles six, seven, fifteen, eighteen and twenty-four are considered Preventative Actions.

Principle six discusses The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the people of all against pollution should be supported. According to principle seven, States shall take all possible steps to prevent pollution of the seas by substances which are liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea.

Principle fifteen talks about Precautionary actions and states that planning must be applied to human settlement and urbanization to avoid adverse effects on the environment and obtaining maximum social, economic, and environmental benefits for all. Principle 18: Science and Technology must be applied to identification, avoidance, and control of environment risks and the solution of environment problems for the common good of mankind, thus incorporating the “Precautionary Principle” in essence. Principle twenty-four talks about cooperation through multilateral and bilateral agreements or other appropriate means for effective control to eliminate the adverse environmental effects resulting from activities conducted in all spheres.

Principle twenty-two is titled: Compensation to Victims. According to this principle, States should cooperate and develop further the international law regarding liability and compensation of victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such states to areas beyond their jurisdiction.

Principle twenty-four and twenty-five are titled Cooperation. Principle twenty-four talks about Cooperation through multilateral and bilateral agreements or other appropriate means for effective control to eliminate the adverse environmental effects resulting from activities conducted in all spheres. Principle twenty-five discusses that States shall ensure that the international organizations play a coordinated and dynamic role for the protection and improvement of the environment.

According to Principle 11 the environmental policies of all States should enhance and not adversely. affect the present or future development potential of developing countries, nor should they hamper the attainment of better living conditions for all. Principle 19 provides that education in environmental matters, for the younger generation as well as adults, giving due consideration to the underprivileged, is essential to broaden the basis for an enlightened opinion and responsible conduct by individuals, enterprises, and communities in protecting and improving the environment in its ull human dimension. According to Principle 20 the scientific research and development in the context of environment problems both national and multinational must be promoted in all countries especially in the developing countries and finally Principle 26 states that man and environment must be spared from the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement on the elimination and complete destruction of such weapon.

Impact:

The Stockholm Declaration is considered the starting point for other global conventions formed for the environment. Twenty years later came the Rio Declaration in the year 1992. The reason behind the gap of twenty years is because every twenty years a new generation comes. Rio Conference was conducted by the United Nations for Environment and Development in Rio De Janeiro, Brazil from 3^rd June to 14^th June,1992.

This conference saw the participation of one hundred and seventy five member nations. It also observed the participation of over seventeen thousand NGOs working for environment protection. This conference was also called the “Earth Summit.” It was called the “Earth Summit” because the issuing concerning the development and environment were not exclusive to a few nations. Questions relating to what actions can be practically taken were raised in the conference. The Declaration talked about the possibility of long-term economic progress while making environmentally conscious decisions. The term “Sustainable Development” was given much importance in the declaration.

In the conference, it was held that all the rules enlisted under Agenda 21 must be abided by the participating nations. Agenda 21 is an international document which contained issues discussed in the Rio Conference like health, financial resources etc. which were unanimously accepted by all the participating countries. This is why Issues like financial management to save the world from pollution, management of forest, sustainable development etc. were discussed.

Three conventions were also formed after the Rio Summit. United Nations Framework Convention on Climate Change (UNFCC) was constituted on 21^st March,1994. In this every year there is Conference of Parties (COP) held to discuss environment-related matters. There was a convention formed to converse biodiversity of plants and animals called the United Nations Convention on Biodiversity (CBD). United Nations Convention to Combat Desertification (UNCCD). In the year 2002, another Earth Summit was held particularly with the agenda of “Sustainable Development”. This summit talked about achieving millennium development goals alongside Agenda 21. Millennium Development Goals includes issues like gender equality, reduction of child mortality, access to primary education for all children etc.

India’s Role:

When Indira Gandhi came back after attending the Stockholm Conference in 1972, she caused an amendment in the Constitution. This amendment was the 42^nd amendment. Under this amendment, article 48A and 51A (g) were added. Article 48 is one of the Directive Principles of State Policy. It states that the state should endeavour to protect and improve the environment. This includes allowing the State to make laws against animal slaughtering, promote agriculture etc. Article 51 A (g) talks about the duty of all the Indian citizens to protect and improve the natural environment. The natural environment includes – forests, lakes, rivers, wildlife etc. It also talks about having empathy for other living creatures. This showed commitment of the Indian Government in the protection and preservation of the environment. Article 21 of the constitution includes the fundamental right to live in a pollution-free environment and have access to fresh water and quality air.

India also brought various acts into existence with the purpose of safeguarding the environment. Five years after the Independence, the National Forest Policy of 1952. According to this policy, India should aim to have one-third of its total land area covered under forests. This policy classified forests into four kinds, namely, protected forests, national forests, village forests and tree lands. The Water (Prevention and Control of Pollution) Act, 1974, Forest Conservation Act, 1980 and the Air (Prevention and Control of Pollution) Act, 1981 were passed by Parliament in India to implement the issues discussed in the Stockholm Conference. The Air pollution act not only provides provisions to control and prevent air pollution but also talks about the establishment of Boards to aide in doing the same. National Green Tribunal Act came into force in the year 2010. This act talks about the speedy disposal of cases relating to the protection and conservation of the environment.

Case Laws:

Vellore Citizens Welfare Forum V. Union of India (AIR 19961) 5 SCC 647: In this case the concept of absolute liability was applied. The petition was filed by Vellore Citizens Welfare Forum. They filed the case under Article 32 seeking remedy against untreated water waste and pollution caused by industries in the state of Tamil Nadu. In the plaint it was mentioned that the surface and sub-soil water of river Palar has been completely polluted. The court directed the state of Tamil Nadu to compensate Rs. 50,000 to Mr. MC Mehta. The court also ordered the Madras High Court to constitute a special bench called the “Green Bench” to deal with related matters.

MC Mehta Vs. Union of India (AIR 1988) 1 SCC 471: In this case, Mr. MC Mehta had filed a public interest litigation in the Supreme Court due to the pollution caused in the Ganga River. The case was filed as a violation of Article 21- Right to Life and Personal Liberty. The court held that despite the existence of Prevention and Control of Pollution Act,1974 and State Boards, no effective steps were taken to combat the pollution in the river Ganga. The Court ordered the tanneries to establish primary treatment plants.

MC Mehta Vs. Kamal Nath Case (AIR 2000): In this case Environment Minister Mr. Kamal Nath changed the course of river Beas so that his son’s hotel, Span Lotus Hotel, could be constructed. Mr. MC Mehta contended that this is an abuse of power and against the interest of the public. The court ordered the hotel to pay the cost of environmental and ecological restitution settlement. The court also ordered against the construction of the hotel.

MC Mehta Vs. Union of India (AIR 1986) 2 SCC 176: This case is also called Oleum Gas Leak Case. On 4^th December 1985, oleum gas was leaked from Shriram Fertilizers Industry in Kirti Nagar, Delhi. It resulted in the death of a person, and many were hospitalised. The Supreme Court ordered the company to take necessary steps and all the precautions it can to ensure the safety and livelihood of those working and living near the industry. The court further held that no industry manufacturing harmful substances shall be legally allowed to run without taking all the precautions it possibly can.

Conclusion:

Over 50 years ago, climate change and its impact were a rarely discussed topic. The world saw a rise in discussions relating to human environment after this conference was held. It paved the way for not only the local and national governments in terms of policymaking regarding the environmental but also for more international conventions.

This conference brought together the human race to combat problems relating to the environment. The declarations subsequent to this became more practical and specific. Considering how climate change has become a pressing issue, conferences like these are much needed to leave a healthy and liveable world for the forthcoming generations. This declaration created a culture of discussing environmental issues at a serious level.

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