Sukumar Shinde, 52, who sells food items and snacks in rural fairs, said, “Because of the lockdown, I had to throw away several food items as they have a shorter shelf life.” / credit: Sanket Jain
Balu Jadhav usually journeys through 60 villages 300 days a year, selling toys and artificial jewelry in India’s “jatras,” or rural village fairs.
So if Jadhav travels less than 1,000 miles a year, that’s a sign of distress.
“In the past two years, I covered only 150 miles,” he said.
His two-decade-long routine was broken in March 2020 when far-right Indian Prime Minister Narendra Modi announced a 21-day nationwide lockdown to curb a pandemic caused by COVID-19, the novel coronavirus. The lockdown was extended to 67 days, causing 121 million people to lose their jobs within the first month. Yet, with this lockdown, India couldn’t contain the coronavirus. Meanwhile, because case numbers ebbed and flowed for two years, district administrators banned fairs.
With a history of over 150 years, these fairs remain an important source of income for marginalized people. In Jadhav’s home state of Maharashtra, located on India’s Arabian Sea coast, almost every village hosts an annual fair for a couple of days. Jatras are held in reverence of local deities. Rural vendors sell a variety of items, including toys, posters of regional deities, local books, footwear, artificial jewelry, balloons and household items. “A fair is like a festival and a holiday season for rural people,” said Gangabai, Jadhav’s wife. “Everyone prepares good food, dresses up and relatives from different villages attend the fair.”
With no option for selling goods, the Jadhavs were forced to work in 10 other occupations. They labored as farmworkers and masons, and in factories, but nothing helped them earn enough to survive. “There was no regular work because COVID devastated the rural economy,” she said.
The 2022 World Inequality Report states India is one of the most unequal countries in the world. Oxfam’s Inequality Kills report mentions, “The wealth of the 10 richest men has doubled, while the incomes of 99 percent of humanity are worse off, because of COVID-19.” Further, it found that a new billionaire was created every 26 hours since the pandemic began. Meanwhile, millions like Jadhav could barely find 26 hours of work per month during the peak of the pandemic.
After two years, local administrators in the village of Jambhali in Maharashtra’s Kolhapur district were permitted to arrange a fair that would be held January 1-2. Unfortunately, while the Jadhavs assumed it would help them sail, it was far from reality.
With rising coronavirus cases in January, reporting as high as 347,254 cases one day, several COVID restrictions were implemented again.
“We earned about 3,000 rupees ($40) from every fair before the pandemic. Now we are finding it difficult even to recover the transportation cost,” Balu Jadhav said. “Ever since COVID, people have stopped spending money because of dwindling wages.”
Hundreds of vendors in the Kolhapur district protested several times outside the local administrator’s office, demanding revocation of the ban on fairs. “Despite writing hundreds of letters, nothing concretized,” Jadhav said.
Anusuya Chavan, who lives in the same village as the Jadhav family, is in her mid-40s and sells toys. “This occupation forced us to never send the children to school, and with COVID, there’s no possibility that four of my children will ever see the school.” Her children, all below 18, are busy looking for work. “Earlier, we took loans to support our business, but now we are forced to take loans for eating food twice a day. It’s that bad.” Chavan has 13 members in her joint family and is in $670 debt. Her husband, Yuvraj, 50, has spent four decades traveling to sell at fairs. “My entire life has gone sleeping on roads,” he said. “But with lockdowns and curfews, we don’t even have roads on which to sleep.”
Vendors rely on informal loans to buy items to sell and pay them off immediately after fairs. “The moneylenders send their goons for collection, and we always pay on time,” Yuvraj said. However, with no sales, several vendors have been caught in debts of at least $3,350 each. High interest-rate fees have caused those debts to amass.
Meanwhile, fear, anger and frustration pile up, with another generation missing out on obtaining an education. That leaves Jadhav to vent.
“Even our children will have to live the same cursed life now.”
A view of the Jambhali fair at night. Vendors said they had never before seen such a low turnout / credit: Sanket JainVendors sell a variety of items, including toys, posters of regional deities, local books, footwear, artificial jewelry, balloons, household items, and much more in India’s rural fairs / credit: Sanket Jain“I’ve taken both the doses of the vaccine and even follow COVID norms, yet the government hasn’t given permission for fairs,” said toyseller Yuvraj Chavan / credit: Sanket JainKanthinath Ghotane traveled from the neighboring Indian state of Karnataka state to sell keychains in the Jambhali fair of Maharashtra’s Kolhapur district / credit: Sanket JainFairs are more like festivals, and are special occasions for rural people. During these fairs, every household creates in front of their homes rangolis, a traditional Indian art form, in which patterns are created on the floor using powder, flower petals, colors, colored sand and limestone / credit: Sanket JainEveryone (irrespective of religion) first offers coconut and incense sticks in Jambhali’s Khwajaso dargah, a Muslim shrine, before entering the jatra. “These fairs are a sign of communal harmony,” said Sikandar Attar, a coconut and incense stick vendor / credit: Sanket JainSikandar Attar, 69, who travels to more than 100 villages every year, sells incense sticks and coconuts offered to regional deities. He began working at farms during the COVID-19 lockdown. Even today, he hasn’t been able to find his way through to make ends meet / credit: Sanket JainCredit: Sanket JainColorful LED-based toys are selling at a higher rate than other items / credit: Sanket JainRiyaz Latkar, 32, has been selling artificial jewelry for over a decade and said he has never seen a crisis like this / credit: Sanket JainDuring these two- to three-day fairs, vendors sleep and cook on the roadside. Kamalaxmi Bahurupi said, “I’ve spent my entire life cooking food on roadsides. I don’t know how long we will live like this.” / credit: Sanket JainArtificial jewelry is usually in high demand in the village fairs of Maharashtra. However, with people losing their livelihoods because of the pandemic lockdown, vendors have reported a steep decline in sales / credit: Sanket JainIn this stall, every item is sold for a fixed rate of Rs 10 (13 U.S. cents) / credit: Sanket JainBalu and Gangabai Jadhav were forced to work 10 different occupations as the fairs remained banned. “If there’s another lockdown, we’ll all die of starvation,” Balu said / credit: Sanket JainAs much as 70 percent of rural India lacks an internet connection. With schools shut because of the coronavirus pandemic, several children have been forced to pick this line of work to make ends meet and support their families / credit: Sanket JainHorse and bullock cart races remain a major attraction during these fairs. Here, a horse is getting ready for a race / credit: Sanket JainCredit: Sanket Jain
Sanket Jain is an independent journalist based in the Kolhapur district of the western Indian state of Maharashtra. He was a 2019 People’s Archive of Rural India fellow, for which he documented vanishing art forms in the Indian countryside. He has written for Baffler, Progressive Magazine, Counterpunch, Byline Times, The National, Popula, Media Co-op, Indian Express and several other publications.
“The very thought of him having to plead to jail authorities regarding a basic service like clean water to wash his swelled eye still gives me anxiety attacks,” says Jenny Rowena, wife of Hany Babu.
Babu, a 55-year-old Delhi University professor, is among many political prisoners who have been detained after having been charged under a draconian Indian law, the Unlawful Activities Prevention Act (UAPA). His family released a statement to the press that mentions Babu’s severe eye infection, which could damage his vital organs.
Only after Babu’s family’s repeated appeals did the court allow him to get proper medical treatment and tests at a private hospital, the expenses of which his family will bear.
This is a glimpse into the conditions the Indian state machinery forces people to endure as it goes about filling overcrowded prisons, in violation of basic civil and legal rights, as the pandemic ridden situation further deteriorates. The situation has worsened because of the ruling Bharatiya Janata Party (BJP)’s use of a 54-year-old draconian law.
India’s National Investigation Agency (NIA) had arrested Babu in a case referred to as the “Bhima Koregaon case.” Bhima Koregaon is a village in the western Indian state of Maharashtra. The NIA alleged several activists gave incendiary speeches, causing clashes to erupt January 1, 2018, between Dalits and Hindu right-wing groups.
Many other activists and academics, including Anand Teltumbde, Sudha Bhardwaj, Father Stan Swamy, Gautam Navlakha and others—most of whom are 50 or older—were arrested in the same case and continue to languish in jail. They have been denied proper medical treatment, even as they suffer ailments.
Father Stan Swamy
For example, Father Stan Swamy, 84, a tribal-rights activist, has Parkinson’s Disease. He told the court during a May 21 hearing that during the past eight months he has been detained, his health condition has worsened.
“When I came here, I could eat, read, take a bath by myself,” Swamy testified. “Now I have to depend on others even to feed me.”
The family of Sudha Bhardwaj, a 60-year-old lawyer-activist, approached the court to access her medical records. She suffers from diabetes, hypertension and several other health issues. Meanwhile, others like writer and activist Anand Teltumbde suffer from asthma.
Yet another political prisoner, G.N. Saibaba, a 53-year-old who was formerly a professor at Delhi University, continues to live in similar conditions. He is 90 percent disabled and also tested positive for COVID-19 in February. His daughter, Manjeera, says although he has recovered, Saibaba is weak. She says despite several letters to jail authorities and the Ministry of Home Affairs, which oversees Indian internal security and domestic affairs, no helper has been provided.
“He is 90% disabled and can’t do work on his own. He needs a helper to do his day-to-day activities. Whether it’s brushing his teeth, getting up from the bed, going to the toilet—he needs help with everything,” Manjeera says. “But there is no helper.”
G.N. Saibaba in 2015
She also alleges that despite knowing co-morbidities could be life-threatening for a COVID-19 infected patient, he wasn’t provided proper medical care after testing positive. The family had no choice but to hire a courier service to transport life-saving medicines and supplements to him.
A medical facility is attached to every jail. However, Manjeera said they are unprepared to treat inmates.
“The jail hospital—there is no hospital. It’s like a small barrack: A bed and that’s it,” she explained. “There is no one to take care of you.”
Meanwhile, Saibaba, who was arrested in 2014, is serving a life sentence for his alleged links to the banned Communist Party of India (Maoist).
All these political prisoners, lodged in several jails across India, continue to live in devastating conditions as the coronavirus wreaks havoc across the nation.
Deploying a Draconian Law During Lockdown
An important mechanism used by the Indian state to prevent political prisoners from being released is the Unlawful Activities Prevention Act (UAPA). The law—enacted in 1967—reverses “innocent until proven guilty” to “guilty until proven innocent.” The ruling BJP amended the UAPA in July 2019 to designate an individual as a terrorist without trial. Previous versions of the act only allowed groups to be designated as terrorists.
In introducing the amendment, Home Minister Amit Shah said individuals should be charged under the law for taking part in an act of terrorism, for helping prepare for such an act, and for raising money or spreading information to aid terrorism.
“Sir, guns do not give rise to terrorism, the root of terrorism is the propaganda that is done to spread it, the frenzy that is spread,” Shah told the Indian Parliament in 2019. “And if all such individuals are designated as terrorists, I don’t think any member of parliament should have any objection.”
This anti-terror law allows the detention of the accused without charge for up to 180 days.
“UAPA is something that with its amendments is designed to detain people indefinitely,” as prominent social activist and author Harsh Mander points out. “This can be understood from the fact that no charge sheet has been filed in the Bhima Koregaon and Delhi riots case, and yet the people are being detained indefinitely.”
In December 2019, as the Indian government passed the controversial Citizenship Amendment Act (CAA), protests erupted across the nation. However, in the wake of the protests, riots broke out in various parts of northeast Delhi during February 2021, after which several activists—many hailing from the marginalised minority communities—were arrested under the UAPA.
Mander alleges the BJP-led government has used a medical emergency to keep political prisoners inside prison without access to lawyers and proper healthcare facilities.
“Although the amendments in UAPA were made by previous governments, the current ruling party has used it to a greater extent and as a weapon against dissent,” Mander said.
He also asserted courts have failed undertrials (people detained while awaiting trial) and prisoners in safeguarding their rights.
“The courts should have objected and released guidelines regarding the release of undertrials and de-congestion of prisons,” Mander added. “They should have taken a sympathetic and humane view regarding the political prisoners.”
The overcrowding in Indian prisons is not a new phenomenon. Currently, 44 million cases are pending in Indian courts, and that number continues to increase. The slow pace overburdens prisons, as undertrials are kept waiting.
Overcrowded Indian Prisons
In a National Crime Records Bureau (NCRB) report published in 2019, 478,600 prisoners are lodged inside Indian jails, whereas they only have capacity for 403,700 inmates.
That means Indian jails are at 118.5 percent capacity. Also, around 68 percent of detainees are undertrials—not convicted prisoners.
As the coronavirus spread across the country in 2020 and beyond, overcrowded prisons have become a hotbed of infection. On April 28, the High Court of Delhi, while hearing a petition on the release of detainees, asked the concerned authorities to come up with a plan to de-congest jails. On May 7, the Indian Supreme Court also directed states to protect prisoners’ right to life and provide them with proper medical care during this pandemic. It ordered states to release undertrials facing non-serious charges on bail and people convicted of similar charges on parole.
Last year, as the pandemic broke out, close to 42,000 prisoners initially were released. But later, with a dip in the number of cases, many were returned to the prisons on the orders of the Supreme Court.
With the classification of legal services as “unessential,” but the construction of the $2.8 billion (USD) Central Vista Redevelopment Project in New Delhi deemed “essential,” the BJP government’s priority is evident. Yet the lives of political prisoners hang in the balance as they are refused bail, and as they struggle for access to basic amenities and medical care behind prison bars.
Rishabh Jain is a journalist who writes on Indian politics and issues central to India. He is based in New Delhi.
Instagram application on iPhone / credit NeONBRAND via Unsplash
On May 6 and 7, Instagram users in India noticed that some of their posts were starting to vanish. Gone were their COVID-19-related posts that demanded improved conditions for overworked crematorium workers, publicized volunteer-led relief efforts, and linked coronavirus deaths in the country to “abject callousness” of the government. Stranger still was the removal of private chats on the matter.
“There is a growing trend of internet shutdowns, takedown of social media content, particularly around political speech in India over the last few years,” said Vidushi Marda, global AI research and advocacy lead at ARTICLE 19, an international freedom of expression organization that has been tracking the deleted content.
In India right now, whether or not people have access to COVID-19 information on social media is a matter of life and death. Such censorship, however, is not unique to the country. Over the past month, activists and researchers have also collected numerous examples of suppressed content related to unrest in Palestine and Colombia, as well as posts related to the National Day of Awareness of Murdered and Missing Indigenous Women in the U.S. and Canada.
On May 7, Instagram said that “this is a widespread global technical issue not related to any particular topic” and that the issue had been “fixed.”
But the following day, the company acknowledged that there were issues with posts relating to unrest in Colombia and Palestine.
“We are so sorry this happened,” Instagram noted in a statement. “Especially to those in Colombia, East Jerusalem, and Indigenous communities who felt this was an intentional suppression of their voices and stories — that was not our intent whatsoever.”
But Instagram failed to acknowledge reports of censorship in India.
A representative of Facebook, which owns Instagram, wrote in response to questions about why dissent in India, Colombia, and Palestine seemed to have been disproportionately impacted: “This was a widespread global technical issue that affected users around the world, regardless of the topic of their Stories. We fixed it as fast as we could so users around the world could continue expressing themselves and connecting with each other through Stories.”
Despite the company’s claims that the takedowns were automatic and universal, Marda said there was “overwhelming evidence of the disproportionate impact these takedowns have had on political speech and dissent.”
In India, she noted that ARTICLE 19 observed “significant overlap between posts about activism, COVID-19 relief and government critique.” All of this, she said, points to “a significantly larger problem than just a single automation tool,” and noted “the opacity of content moderation practices” means that there are gaps in accountability.
Such digital suppression isn’t simply a matter of being able to speak freely. In each of these countries, thanks to government failures and limited media coverage, people have come to rely on social media to share information, track resources, and protect themselves from violence.
Part of the problem is automated content moderation, which uses machine learning to filter content. The systems are blunt instruments that often misunderstand context and remove too much or too little content, noted a report by the New Delhi-based Observer Research Foundation. These developments, adds the report, can negatively impact minority groups because these tools are often trained on English-language datasets, so they have trouble properly parsing dialects and rarely-used languages.
“[There is] overwhelming evidence of the disproportionate impact these takedowns have had on political speech and dissent,” said Marda. “[This is] precisely why… human rights organizations and defenders around the world have pointed to the dangers of automated content moderation for years.”
India’s History Of Digital Censorship
Because of the Indian government’s monumental failure in tackling the coronavirus, people in the country have come to rely on social media to seek and provide COVID-related help like oxygen supplies and vaccinations. Many people have also used social media to collate lists of supplies into a larger, searchable database.
Silicon Valley-driven censorship in India, therefore, has become a matter of survival, despite the fact that Instagram has yet to acknowledge it.
“Despite documented instances of censorship [in India] and Instagram users highlighting them very prominently, there was a complete lack of recognition [by Instagram] of what’s happening in India,” said Apar Gupta, Executive Director, Internet Freedom Foundation (IFF), a New Delhi-based organization that seeks to ensure that technology respects fundamental rights.
Digital suppression in the country isn’t new, despite the fact that the Indian Constitution guarantees the right to freedom of speech and expression.
On April 28, Facebook temporarily hid posts critical of Indian Prime Minister Narendra Modi that included the hashtag #ResignModi for “violating its community standards.” A Facebook spokesperson later said that the posts were hidden “by mistake, not because the Indian government asked us to.”
“Silicon Valley platforms have a very natural interest in keeping governments happy in the regions that they operate,” Gupta said, pointing to the fact that India is Facebook’s biggest market.
The lack of institutionalized free speech protections is further compounded by laws and regulations in India that allow the Ministry of Electronics and Information to not disclose censorship orders sent to social media companies, said Gupta.
Users are therefore often given no official explanation why their posts were suppressed.
Content Moderation In Colombia
There have also been numerous reports of censorship related to ongoing protests in Colombia over proposed tax increases and the resulting police crackdowns.
“We identified a specific problem with Instagram,” said Carolina Botero Cabrera, a researcher with Karisma, a Bogotá based civil society organization that works on technology and human rights. “We have over 1,000 reports of censorship, around 90 percent of it was by Instagram and the content was overwhelmingly about the [ongoing] protests,” she added.
Deleted posts reportedly related to the national unrest, unemployment numbers in the country, and the death of a protester.
For Colombia, a country with a long-lasting civil war, such automated content moderation is all the more contentious because journalists and human rights activists often find that their content is removed, their reach is diminished, or their accounts are blocked because their content is deemed too violent.
Jesus Abad Colorado, an experienced Colombian photojournalist, recently had his Twitter account blocked after he posted photographs of an armed dispute in the Chocó Department in Western Colombia. A few days later, when an independent media outlet livestreamed an interview with Colorado about the dispute, their account was blocked, too.
Another challenge, said Botero, is that the Revolutionary Armed Forces of Colombia — People’s Army (FARC), the longtime leftist guerilla group that disarmed and became a political party in 2017, “was flagged as a terrorist organization [by social media companies at the time] even though they were in peace negotiations.”
The peace process spanned about four years, culminating in a peace agreement in 2016. “Any research about the peace process will have to deal with important problems to [understand] FARC’s position, actions, and voice,” said Botero, noting that blocked social media accounts and deleted content hamper documentation of the process.
Suppressing Palestinian Voices
As tensions escalated in Israel and Palestine, digital suppression in the region also appeared to increase.
“We have over 100 reports of censorship on Instagram,” said Alison Carmel Ramer, a researcher at 7amleh, a Haifa-based digital rights organization based in Haifa, Israel.
Muslim, a media publication, also documented blocks on Instagram livestreams related to Palestine.
According to ِRamer, Facebook told 7amleh that a majority of the Instagram takedowns were mistakes because they did not violate community standards and that they have restored the content.
“This means there is a problem in the way content is moderated,” said Ramer. “Why is content which is not against community standards being taken down? [Facebook] also did not tell users under which policy the content was taken down.”
In general, Palestinian content is “over-moderated” Ramer added, noting posts are often suppressed either because they are considered hate speech, or the posts appear to be connected to terrorist organizations. Many Palestinian leaders are designed as terrorists by the United States, meaning Facebook censors content related to them. Ramer also explained how hate speech in the region written in Hebrew is not censored to the same extent as hate speech in Arabic.
A March 2021 report by 7amleh which analysed 574,000 social media conversations in 2020 showed that one out of every 10 Israeli posts about Palestinians and Arabs contained violent speech, a 16 percent increase compared to 2019. “We have sent reports like this one to Facebook for several years and every year, [but] we find that this content just remains online,” Ramer said, adding that Facebook has not informed them of what, if any, actions it intends to take.
“Zionism is a political ideology,” Ramer said. “Political speech must be protected. Words like ‘Zionist’ and ‘shahid’ [martyr in Arabic] should be protected.” Censorship in the region is especially concerning because of the longstanding lack of transparency around Israel’s treatment of Palestinians, political activist Noam Chomsky told The Daily Poster.
“Israel’s brutal repression of Palestinians for many years, with strong support from the U.S. particularly, is a shocking crime in itself and has ominous international repercussions as well,” said Chomsky. “There have been extensive efforts to block efforts to bring the facts and their significance to the general public. These efforts amount to direct participation in the crimes.”
When asked about social media companies’ ability to freely censor content, Chomsky replied, “Their enormous power should not be tolerated.”
The Path Ahead
At ARTICLE 19, Marda said that in order to align itself with international human rights standards, Facebook “must publicly and transparently acknowledge the reasons for recent takedowns” and “provide information for the substantive and legal reasons for takedown.”
Marda added that Facebook should also “restore all blocked content” and “publicly commit to not bowing to governmental or judicial pressure that requires it to act in violation of international human rights standards and jurisdiction-specific standards on freedom of expression.”
The European bison, whose population previously suffered from hunting and habitat destruction across Europe, is now making a comeback / credit: Jens-Christian Svenning
Editor’s Note: This article previously specified the species of wolf, as well as the time frame, to which it was hunted to extinction. What experts say is a missed opportunity in a European Commission proposal has been clarified. Captions for the first and third photos have been corrected.
The Swedish government is planning to cull the country’s wolf population by half. The plan faces little to no resistance in the Swedish parliament, given a majority are in favor of the proposal. But conservationists, other experts and Green Party MPs have warned the move could be a breach of biodiversity laws in the European Union (EU), risking the country being dragged to court. The issue, though, is part of a much larger and graver problem.
Europe has lost most of its mega herbivores (those weighing more than 1,000 kilograms or 2,204 pounds), 75 percent of species weighing more than 100 kg (220 pounds) and a little over half of its terrestrial mammals weighing more than 10 kg (22 pounds), a new paper points out.
And, of the species that survive today, many have reduced ranges and numbers. Suffice to say, proposals to further cull wildlife populations can only accelerate the extinction crisis. But all is not lost. At least, not yet.
A truly natural European ecosystem would include lions, hyenas and moon bears, among other long lost species / credit: Elvira Martinez Camacho
How Large Mammals Can Make a ‘European Comeback’
The paper charts a path for re-wilding Europe with large mammals, or those weighing more than 10 kg (22 pounds), both for conserving biodiversity and restoring ecosystems. It lists species, state of extinction risks, and ways of restoration, such as natural recolonization and reintroduction.
And, all this, the paper argues, is a legal obligation for Europe in light of a host of EU and international laws, including the Convention on Biological Diversity (CBD) that requires Europe to restore both the diversity and density of its megafauna. More specifically, Article 8(f) of CBD states every party that has signed onto the agreement “shall, as far as possible and as appropriate … rehabilitate and restore degraded ecosystems and promote the recovery of threatened species, inter alia, through the development and implementation of plans or other management strategies.”
Additionally, the paper states, Europe has a moral obligation to re-wild in solidarity with the Global South, which is currently doing the heavy lifting when it comes to biodiversity preservation.
“Legal obligations have definitely played a role in some real-life scenarios, such as the legal protection of wolves which has clearly aided the species’ European comeback,” Arie Trouwborst, lead author of the paper and associate professor at Tilburg Law School, told Toward Freedom.
However, in the context of general commitments to restore ecosystems, “large mammals, especially those which disappeared from Europe long ago, like elephants and lions, have largely been a blind spot—wrongly so, as our paper aims to show,” he added. No examples exist of European governments undertaking such a feat with the Global South in mind.
Re-wilded primitive cattle breeds are used to fill the niche of the aurochs, an extinct cattle species thought to be the wild ancestor of modern domesticated cows / credit: Elvira Martinez Camacho
‘Life Goes On After Wolves Come Back’
Large mammals play a critical role in ecosystem restoration or even in ecosystem functions in general. Elaborating on the same, Jens-Christian Svenning, co-author on the paper, listed out three key reasons why:
Large herbivores tend to promote heterogeneity in vegetation structure and composition as well as in soil conditions, while large carnivores contribute to this effect by modulating herbivore assemblage composition, densities and behavior, in complex ways;
megafauna constitute and generate microhabitats for numerous other species, dependent on their living bodies, their carcasses, and their dung; and lastly,
megafauna species are mobile and play important roles in plant and nutrient dispersal, which is crucial to maintaining local landscapes and in assisting the fight against climate change.
As for ill-thought out calls to cull wildlife, like the Swedish plan to reduce wolf populations by half, the paper says in recent decades, people in countries like Germany and France have “quickly discovered that life goes on after wolves come back.” The sentiment is also true for larger mammals that are generally considered more dangerous for human life, like brown bears, which have been successfully reintroduced in Italy’s Trento region.
The expansion of wolves in Europe is also a result of strong legal protections. Wolves were not reintroduced in Europe. Rather, they naturally began expanding into areas in which they existed before. And legal instruments like the Bern Convention and Habitats Directive assisted such expansion by ensuring countries that wolves had moved into protected them. Earlier, wolves were hunted to extinction in large parts of Europe.
The Habitats Directive has been crucial for the restoration of wolves in Europe. “It’s obvious when you compare wolf numbers in EU states that are bound by the Directive—like Sweden—to those in countries which are not, like Norway,” Trouwborst said. “Wolves have been trying to make a comeback in both countries, but they have not been successful in Norway.”
The Directive provides room for enforcing conservation action, both by the European Commission and via national courts.
Regarding even more challenging species reintroduction candidates, the paper says if people in India can co-exist with lions and elephants, and people in Tanzania and Zimbabwe can do so with hyenas and hippos, “then surely this is also possible in Europe.”
India’s population density stands at 464 people per square kilometer (or 0.38 of a square mile), as opposed to 34 people per square kilometer in Europe. And yet, the paper points out, people in India still share the landscape with elephants, rhinos, gaur (Indian bison), tigers, lions, leopards, snow leopards, caracals (a wild cat), brown bears, wolves and others.
Apart from CBD and EU biodiversity laws, another campaign demands decadal commitments and efforts. The United Nations has recognized the years between 2021 and 2030 as the “Decade on Ecosystem Restoration.” A guidebook on such restoration efforts points to re-wilding in Europe where “there is enough space and opportunity to introduce species that have been lost.”
But the question is “restore to what?” In other words, what is the reference point or model that could illustrate what the world needs to go back to?
“Large mammals play a key role in ecosystems and many of them disappeared due to human interference. So the big picture… the model must be the healthy ecosystems that occurred before humans wiped out many of the largest of species,” Trouwborst explained. Such models can be found today, which could be the basis for restoration in Europe. Some European ecosystems looked like versions of modern-day east and south Africa, as well as India, with elephants, hyenas, lions, rhinos and hippos.
“As Europeans we cannot keep expecting those in the Global South to continue conserving and even restoring healthy ecosystems abundant in megafauna and not take that seriously ourselves,” Trouwborst said. In addition to solidarity with the Global South, another moral argument is “you should restore what you destroyed,” he added.
The reference in Article 8(f) of CBD to “as far as possible and as appropriate,” is about equity, legal scholars point out. It is equivalent to the principle of “common but differentiated responsibilities and respective capabilities” (CBDR-RC) enshrined in the United Nations Framework Convention on Climate Change. The principle refers to developed countries being held responsible for undertaking a majority of climate action because of their historical greenhouse gas emissions. That, plus their capacity—financial in particular—to shoulder such burdens.
Carina Bury, a PhD candidate in International Environmental Law at the University of Hamburg in Germany, explained that qualifiers such as “as far as possible” that are often encountered in international environmental law should be read in light of CBDR-RC. In practice, what this also means is if someone says elephants in Europe is not plausible, then, Trouwborst argued, “I’d say look at India. If it’s possible in India, then why not in Europe? It would take some small and some big sacrifices but it’s not impossible. It’s a question of priority.”
Other researchers also have pointed out the question of equity is absent when international environmental law has been implemented.
“I found that Germany omitted to implement the treaty in the manner required by the constitution. The consequence is that the treaty remains largely inapplicable, but it puts pressure on states of the global South—such as Montenegro—to implement the same treaty,” she said of her research that found Germany neglected to conserve its wetlands. Ramsar Convention is an international treaty signed in 1971 that regulates the conservation and sustainable use of wetlands.
This reporter reached out to the federal environment ministry in Germany for a response. The copy will be updated if and when a response is received.
Considering Germany is a country with significantly above-average levels of wealth and technical know-how, it is “possible, and indeed reasonable to expect that wetlands located in German territory be managed as green infrastructure,” Bury said. She also added that when countries with sufficient resources and technical knowledge start to neglect their international obligations, less-advantaged countries are less likely to comply.
New Hope with Europe’s New Nature Restoration Law?
On June 22, the European Commission put forth a proposal for a new “Nature Restoration Law” that aims to halt both biodiversity loss and the degradation of ecosystems. The draft law aims to address a variety of ecosystems—including agricultural lands, marine habitats and urban areas—and it lays out targets to be met by 2030, 2040 and 2050.
But experts have pointed out a huge missed opportunity because the proposal does not highlight the importance of megafauna for ecosystem restoration. Plus, the proposal only focuses on those species that are included in the Habitats Directive, not those that had long ago disappeared from the European landscape. The European Commission is yet to respond to these critiques.
So while there are legal hooks in the proposal that could help restoration efforts for some large mammals,” the proposal ignores current scientific knowledge as to what healthy and well-functioning European ecosystems really looked like,” Trouwborst pointed out.
This story was developed as part of a journalism residency program at Max Planck Institute for Comparative Public Law and International Law (MPIL) in Heidelberg, Germany.
Rishika Pardikar is an Indian journalist who reports on climate change and biodiversity. She is currently a journalist-in-residence at MPIL in Heidelberg, Germany.
