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(Photo: Getty Images.)
(Photo: Getty Images.)

PoliticsSeptember 17, 2019

Fossil fuels are an existential threat. Stop messing around and just ban them

(Photo: Getty Images.)
(Photo: Getty Images.)

Covering Climate Now: From CFCs to nuclear weapons, history has shown that the first step to eliminating a threat is to ban it, argues Thomas Nash.

The Spinoff’s participation in Covering Climate Now is made possible thanks to the contributions of Spinoff Members. Join The Spinoff Members to help us do more important journalism.


Nuclear war and the climate breakdown are the two greatest threats to humanity. Preventing them from happening should be a priority for all of us. The technologies that underpin these threats are well known.

For nuclear war the problem technology is nuclear weapons – about 16,000 warheads around the world capable of wiping out entire cities and vaporising the residents with one blast. For the climate breakdown the primary problem technology is burning fossil fuels for energy. There are other causes of climate breakdown, but fossil fuels are by far the biggest cause. We need to eliminate both of these technologies if we want to be safe on this planet.

History tells us that one of the first steps on the road to eliminating something is to ban it. This is the story of CFCs, which we banned through the Montreal Protocol in 1987. It is what happened with landmines and cluster bombs – a process that is ongoing. It’s also what happened with smoking in public places, you ban it and then you eliminate it.

This basic principle was the motivation behind the strategy adopted by the International Campaign to Abolish Nuclear Weapons in 2012. This strategy was very important because it represented a distinct shift in orientation. For the first part of its life ICAN had pursued a Model Nuclear Weapons Convention which would require all nuclear-armed states to come on board before it could be put in place. That strategy gave all the power to the nuclear-armed states. Their participation was required for anything to happen and they simply said no.

The strategy ICAN adopted in 2012 was to pursue a treaty banning nuclear weapons, even without the nuclear-armed states. This strategy took the power back into the hands of people who wanted to act. It was ultimately successful, the treaty was adopted in 2017 and the campaign was awarded the Nobel Peace Prize. We need to do the same for fossil fuels. We cannot rely on the biggest users of fossils fuels to come on board before we establish an international legally binding instrument that prohibits fossil fuels.

There will be a chorus of naysayers, rolling their eyes at this proposal and insisting it is not possible to ban fossil fuels. That is quite normal. Every effort to make radical change is laughed out of town when it is first proposed. Often strategic shifts like this are attacked most harshly from within the community already seeking to make change. But without these radical proposals, change doesn’t happen.

So how do we get started and what does this have to do with New Zealand?

First of all, here in the Pacific we are on the front lines of climate injustice. Our neighbours on low-lying atolls like Tuvalu and Kiribati are in grave danger of losing their land, their way of life and their heritage.

Think of the Marshall Islands. This is a country whose atolls were bombed over and over again by the United States while it was testing its nuclear weapons in the 1950s. Now the country is facing devastation from sea level rise and extreme weather events caused by climate pollution.

Just as the states affected by landmines, cluster bombs and nuclear testing took leading roles in the campaigns to ban those weapons, we can expect those most vulnerable to climate injustice to take a leading role in the movement to ban fossil fuels. Indeed, in 2017 there was a proposal from Pacific states to develop a fossil fuel free zone in the region.

New Zealand should stand in solidarity with our Pacific neighbours and promote this movement to ban fossil fuels. We are in a strong position to do so, because our electricity is largely renewable and as long as we can shift our transport systems away from petrol and onto electric or hydrogen we should be able to more or less eliminate fossil fuels from our energy profile.

So if we have New Zealand and the Pacific leading the charge on this, what does this treaty look like? A useful parallel is the Montreal Protocol of 1987, which successfully banned, phased out and eliminated gases that were depleting the ozone layer – CFCs. We can also look at parallels with the Nuclear Non-Proliferation Treaty (NPT).

The NPT has three parts: 1) countries without nuclear weapons don’t acquire them; 2) countries with nuclear weapons get rid of them over time; 3) all countries cooperate on nuclear energy.

It‘s not an exact model and the NPT isn’t working perfectly, but there are some similarities to what we could do with a treaty banning fossil fuels: 1) all countries ban new exploration and drilling and mining – NZ is already on the way to doing that; 2) all countries phase out and outlaw the use of fossil fuels over time; 3) all countries cooperate on renewable energy and electric transport.

The beauty of this approach is that it is simple and it is achievable. It doesn’t try to do everything; it is not trying to ban greenhouse gas-producing activities. It is focused on the worst offender for climate breakdown: fossil fuels. And pursuing a treaty to ban and phase out fossil fuels is achievable. That is, its achievable as long as we don’t feel beholden to the countries like the US, Australia, Saudi Arabia, who are most unlikely to join the effort.

Getting a piece of international law banning fossil fuels will be significant. Some might question the value of this. Some question the value of a treaty banning nuclear weapons. Fair enough. We won’t really know the value of the treaty banning nuclear weapons until we see the effect it has in years to come. The same will be true of a treaty to ban fossil fuels.

But what we do know is that investors, financial institutions and their legal advisers care a lot about pieces of international law that prohibit things. When landmines and cluster bombs were banned, banks and pension funds withdrew their investment in companies involved with the weapons. So even though the US, for example, hadn’t signed these treaties, its weapons manufacturing companies were feeling the effects of their legal force.

Imagine the potential power of a ban on fossil fuels in cutting off funding for fossil fuel companies. Investment in fossil fuels is already faltering. It has been overtaken in many countries by investment in renewable energy. We can reinforce and accelerate that trend by pursuing a legal instrument that will outlaw fossil fuels and drive investment away from the very activities that are burning our planet. We should do it.

Thomas Nash is co-director of New Zealand Alternative and adjunct lecturer in politics at Massey University.


The Spinoff’s participation in Covering Climate Now is made possible thanks to the contributions of Spinoff Members. Join The Spinoff Members to help us do more important journalism.

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Jacinda Ardern speaks at her weekly Beehive press conference. Photo: Dom Thomas/RNZ
Jacinda Ardern speaks at her weekly Beehive press conference. Photo: Dom Thomas/RNZ

PoliticsSeptember 17, 2019

Jacinda Ardern: ‘We have a duty of care, and we failed in it’

Jacinda Ardern speaks at her weekly Beehive press conference. Photo: Dom Thomas/RNZ
Jacinda Ardern speaks at her weekly Beehive press conference. Photo: Dom Thomas/RNZ

The prime minister has admitted mistakes, and outlined measures to change the party culture.

Jacinda Ardern, the prime minister and leader of the Labour Party, yesterday addressed at length the situation around allegations of sexual assault by a Labour volunteer and an investigation into a Labour staffer. “We have a duty of care, and we failed in it,” she said at her post-cabinet press conference, before laying out a series of actions that would be undertaken as a result.

Here is what she said, in full.

There are no excuses for the handling of the complaints by the Labour Party, and I will offer none. To do so risks minimising the seriousness of the allegations that have been made.

We have a duty of care, and we failed in it. But if this can happen in my party, a party which had already tried to confront these issues very publicly, a party that prides itself on inclusivity, on being champions of addressing gender-based violence and of creating safe places for young people to be involved, then this can happen anywhere.

Mistakes have been made. It is now my job to address that. Yes, for the Labour Party, but also to take the lessons that have been learned and ask what we can do to assist other workplaces, training institutions, organisations and others to do the same.

That work has already started. Over the weekend I held two conference calls with the Labour Party Council to establish a clear path forward that is focused on the needs of complainants, but also to help us examine our own actions as a party.

First off, let me be clear again: The Labour Party has not dealt with these complaints adequately or appropriately. While the party has continued to maintain that they weren’t in receipt of the complaints that have since been published in the media, that is secondary to the fact that the complaints made to the party were of significant concern, and needed to be heard in a timely way. That didn’t happen.

Now it is our job to right that wrong.

I’ll now run through the actions that have been taken.

Firstly, a QC is in place and terms of reference have been agreed alongside the complainants. The terms of reference will not be released, because complainants have asked that they not be, as well as the respondent.

That process will be a place where those who have come forward to the party can be heard. And that includes all of the issues that they have raised.

Maria Dew QC has indicated that she does not believe that her process is the place to take a look at what the Labour Party did with the complaints when they were received, nor the handling of them.

That is fair. She wants to be focused on hearing the substance, not whether Labour behaved appropriately. So she will rightly focus solely on the complainants and their complaints.

Therefore, the second action that has been taken. The Labour Party’s lawyers, Kensington Swan, had nearly completed a piece of work on whether the Labour Party behaved appropriately in the handling of the complaints.

They will now hand that report over to an independent third party reviewer, who will establish a statement of facts around the party process and what complaints were received. This will be based on documents rather than testimony or interviews, to avoid complainants having to engage in multiple processes. It will, however, go to all parties, and enable comment.

Thirdly, we will appoint an experienced victims’ advocate to look at these findings, to work with the party and establish systems and processes to ensure that this does not happen again. This will include proactive work on prevention, on training, on organisational competence, as well as new victim-centred processes for managing complaints.

Fourthly, I will meet with complainants; a point I have already made clear. I am working with two highly experienced survivor advocates who have significant expertise in these processes and are assisting me. They are in the process of making contact with complainants. It’s important, though, that this process happen in accordance with best practice, so I will be guided by experts.

Finally, I have asked [MP] Poto Williams, who has significant experience working in the sexual and family violence sector, to help lead a piece of work in conjunction with other experts in the field, with the party, as we head into our annual conference, to support culture change for all of us. She’s already told me of her intention to bring in experts in this space to help our local and regional leaders in the Labour Party with advice on how to create safe spaces, welcoming environments, and deal with any complaints they may receive. Her work will be informed by everything we may learn over the next four to eight weeks.

I know that none of this will change the past experiences of young people in this case. But I do hope we are finally offering them the opportunity to be heard, and that that is finally meeting their needs.

I also know that this will be a catalyst for change. Greater insight into what happened here will help us build a different culture. This should have happened with the Berryman report, but it didn’t.

I’m going to lead forward this work, not just for the party, but out of a belief that if we can learn from this, and we can change ourselves, then there is a role for us to play in helping change occur in other places too.

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