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Following Green Transparency's participation at COP26 Madrid and the interview with Vogue Spain, our founder and director, Shirleen Chin, was invited by Cambio16, a Spanish current affairs magazine, to write about the life of a friend and colleague, the late barrister, Polly Higgins, and her quest to make ecocide an international crime. Please scroll past the excerpts below for the original article in English. For the Pdf version of the article in Spanish, please go to the bottom of the page to download the file. NB: The publication of Cambio16's March 2020 edition coincided with the start of the Covid19 pandemic. To encourage readership, Cambio16 decided to make the March 2020 digital copies free for download for a month. Post-pandemic, it is also available for download for €4.00. Original English version of article, including relevant hyperlinks ALL FIRED UP Picture this: you’re standing in an open field watching helplessly as a massive inferno engulfs hectares of hard-toiled farmland, generationally used to grow lemons and avocados. Photo by USFS Region 5, CC BY 2.0. Title: Thomas Fire, Ventura, CA, Los Padres NF, 2017. Ever-increasing global temperatures, lack of rainfall and parched vegetation over the years have concocted the perfect recipe for a tragic Southern Californian roast. This was the reality experienced by several families in December 2017, when the wildfire named Thomas Fire blazed, through the region that winter. To put it in perspective, the fire brought destruction to a land area equal to the size of 213,000 football fields, the entirety of Hong Kong. As the West Coast went up in flames, across the United States on the East Coast, 4,500km away, on the Eastern Coast of the United States, a distinguished silver-haired lady, unpacked four curved tubes from her luggage and clicked them into place. She then reached into her hand-carry for something else: a fine bottle of Scotch whisky. After pouring herself and her host a glass, she took a sip and twirled the hula hoop, that she had just assembled, and began chatting like nothing she had just done was out of the ordinary. Her name was Polly Higgins. She had just arrived in wintery New York City for the 16th Session of the Assembly of States Parties (ASP) of the International Criminal Court scheduled for the following week at the United Nations’ headquarters. It was not Polly’s first time attending the ASP or any other major conference where the rule of law and environmental justice were topics to be discussed. Unbeknownst at the time, her two weeks in New York City would yield another let-down. The political red tape and appetite she encountered to further her campaign would prove to be a sticky barrier. Ten years ago, Polly abandoned her lucrative career in London as a rising barrister to start a campaign on ecocide crime. While many would see such a switch as a big leap of faith into the risky unknown, she saw it as a necessary response, no different from wanting to rescue a drowning victim or a person trapped in a burning home. Polly’s first-hand knowledge of the basic, legal protections provided even to the worst of criminals, led her to wonder how the Earth, as a victim of unsustainable human activity, could similarly be protected. To her, the answer was simple: introduce the missing crime of Ecocide; to do no harm. Polly sold her house and used the proceeds to initiate the campaign our world continues to need. Polly’s first-hand knowledge of the basic, legal protections provided even to the worst of criminals, led her to wonder how the Earth, as a victim of unsustainable human activity, could similarly be protected ECOCIDE ON OUR DOORSTEPS The definition submitted by Polly Higgins to the UN International Law Commission in 2010 describes ecocide as “the serious loss, damage to, or destruction of, the environment to such an extent that peaceful enjoyment by the inhabitants in that territory is severely diminished”. One year after the 2017’s Thomas Fire described above, wildfires erupted again in South California, called the Woolsey Fire. This time the fires primarily affected luxury houses of residents living in Malibu and to the north, including the homes of Hollywood celebrities like the Kardashians, Lady Gaga and Orlando Bloom. Fast forward to late 2019, the continent of Australia is similarly hit by wildfires described by many as apocalyptic. To date, over 1 billion animals in Australia have perished, even more injured, nearly 30 people have been killed and a land area the size of 18,200,000 football fields or the entire country of Portugal – and the fire is still not over. The planet is facing extreme, often violent weather events, extinction of numerous species at an alarming rate, increasing rates of acidification in our oceans and rising sea-level, to name a few. Extreme hot and cold temperatures have been observed globally. The city of Paris sweltered in 45 degrees heat last year causing a need to create “cool rooms” to avoid repeating traumas like that of the 2003 heatwave that killed 15,000 people in the country. More and more places are exposed to either too much rain or too little water. In the South of Spain, as temperatures soar and rainfalls diminish, winemakers will find it difficult to grow grapes. In the future, atypical places like Scandinavia and Siberia may just replace traditional wine regions like Spain. In Kerala, India, erratic weather patterns brought disastrous floods killing more than four hundred people in 2018. Every year for the past five years has been the hottest on record. In Iraq, as 50 degrees is now becoming the new norm during the summer, the wealthy few turn to air-conditioning to cool down while the poor struggle to afford generators for air-conditioning. A United Nations report released by UN Special Rapporteur Professor Philip Alston describes this scenario as “climate apartheid”. A DROWNING REALITY According to the World Meteorology Organisation, global average temperatures are on track to increase between 3 to 5 degrees by the end of the century. The last time there was this much carbon dioxide in the atmosphere, humans did not walk the planet. In the Pacific region, sea level is projected to go as high as 0.8 metres by year 2100. Solomon Islands, a sovereign state with six major islands and hundreds of smaller islands have lost five islands over the years and is at risk of losing six more, with one of the six home to 25 family units. Oceans are warming 40% faster than the United Nation’s prediction of just six years ago. Those whose livelihoods depend on fishing are affected by the migration of fish to cooler areas. Tuvalu, the fourth smallest country in the world, is not only threatened by sea level rise but also by diminishing fish resources. ALL TALK AND NO SHOW For almost three decades, the United Nations has served as a platform for climate talks. The United Nations Climate Change Conference or the Conference of the Parties (COP) are held every year, since 1992, with a view to encourage countries to commit to ever-ambitious emissions reduction. Many critics have said that this is only a ‘dog and pony show’ because the amount of carbon dioxide in our atmosphere has only gone one way and that is up. A LITTLE STATE IN THE SOUTH PACIFIC It came as no surprise that Polly was approached by Vanuatu, who was reaching out based on their established policy on climate change. Vanuatu is a small island developing state in the South Pacific. With one of the smallest GDP in the world, its annual share of the world’s CO2 emissions is negligible and by that, I mean, 0.00%. Vanuatu, like its neighbouring countries in the Pacific, has been on the frontlines of climate change. When category 5 Cyclone Pam tore through the region in 2015, it wiped out more than 60% of its GDP, a GDP that is heavily reliant on agriculture and tourism. Photo credit to Ecological Defence Integrity. Title: Polly with former Minister of Foreign Affairs of Vanuatu, Ralph Regenvanu. THE DUTY OF CARE With a focus on international criminal justice, Polly’s campaign aimed at the use of international criminal law as a strong deterrent against ecocidal practices. This is because there is currently neither legally binding international response nor any duty of care for the planet. In other words, where there is no crime, no punishment can be imposed. Introducing the crime of ecocide obliges governments, companies and individuals to think twice about continuing business as usual – dirty business that has brought about more frequent, intense and erratic climate events. Compared to “soft law” instruments, like the Paris Agreement, the crime of ecocide will actually signal a zero-tolerance policy towards harmful behaviour. The seat of the International Criminal Court is located in The Hague, the Netherlands. Its governing document is called the Rome Statute. The four widely recognised serious international crimes contained within the Rome Statute are genocide, crimes against humanity, war crimes and crimes of aggression. Blatantly missing from this list, is ecocide, a crime that determines the survival of our planet and its inhabitants. SPIN DOCTORS There are volumes of scientific climate data to demonstrate that climate change is real. Yet, carbon major countries and companies choose to undermine its alarming calls. In fact, carbon major companies have known about the severe and negative impacts of extracting what they call “black gold” since the 1970s. They have chosen to go the path taken by the tobacco industry by spinning tales to mislead, confuse and manipulate public opinion. Equally perpetuating ecocidal practices are the other extractive and polluting industries such as mining, logging and waste management companies. Where regulation or the rule of law is weak, as often is the case in the countries where these companies operate, years of unsustainable and unaccounted practices have brought irreversible damage to the environment and the helpless communities. Often, government officials are complicit in the damaging acts. ...carbon major companies have known about the severe and negative impacts of extracting what they call “black gold” since the 1970s POWER TO THE LITTLE ONES The International Criminal Court offers a lifeline, unlike no other, to those who have suffered in the hands of unscrupulous practices that harm the environment. At present, there are 123 countries who are members (called states parties) of the court. It only takes one state to table a proposal to include ecocide crime into the Rome Statute. Unlike other international voting procedures, such as the UN where the Security Council has veto power, or the European Council where voting is based on population size, each ICC state party has one vote irrespective of political power or size. Once a simple majority (sixty-three countries) agrees to consider the proposal, all it takes is a two-thirds majority or eighty-two states parties to make ecocide law. It is important to note that there are fifty-seven small island developing states worldwide. There are certainly other states who would consider such a proposal. Given the urgency of the climate crisis, the motivation to explore this legal avenue should be of utmost priority to all island nations and countries whose (capital) cities are vulnerable to the impacts of climate change. The inclusion of ecocide crime in the Rome Statute will signal the much-needed zero-tolerance towards harmful behaviour and galvanise genuine action towards net zero carbon emissions. NO MORE DILLY-DALLY! The planet has become warmer since industrialisation began in 1750 and human activity is threatening to push mankind into a point of no return. The earth has warmed by 1 degree, with two-thirds of this happening at breakneck speed since 1975. The acceptable limit for a climate-safe future for human and nature is 1.5 degrees. In order to achieve this, emissions must be cut by half by 2030 and be reduced to net zero by 2050. Carbon capture or carbon drawdown technology is available and has become cheaper over the years. Planting trees or rehabilitating wetlands can be easily done to sequester the carbon dioxide in the air. Consumption patterns are slowly changing in some parts of the world as sustainable awareness grows each day. There is hardly any excuse to avoid carbon reversal actions at the individual or governmental level. The UN Secretary General is appealing for countries worldwide to stop the building of new coal plants, transition to 100% renewables and end all subsidies for fossil fuels. After all, a greener economy is not just good for all, it holds immense economic opportunities for businesses. It is time to leave the old world behind. Investors are now seeing the risks and faults in the extractive industries and are divesting. Consumers are also demanding better. "IF THIS IS WHAT IT TAKES..." Sadly, Polly passed away last April, five weeks after unexpectedly being diagnosed with terminal cancer. It was a sudden and tragic loss to her family, friends, the communities she inspired and of course, Mother Earth. She still had so many plans for her campaign. In her words, almost like a premonition, “if this is what it takes” to draw attention to the need for ecocide law, Polly passing away may just be the trigger the world needs. With bad comes the good and vice versa. The rise of grassroots movements like Extinction Rebellion and the introduction to Greta Thunberg happened simultaneously with some of the most tweeted environmental tragedies on social media and poor political leadership – just see what Brazilian President Jair Bolsonaro had to say about the Amazon fires. In December 2019, at the 18th Session of the Assembly of States Parties (ASP) of the International Criminal Court in The Hague, Vanuatu and Maldives both called the International Criminal Court to consider introducing the crime of ecocide. Indigenous communities in Brazil are rallying to call for the protection of the Amazon from President Bolsonaro. France’s President, Emmanuel Macron, has openly declared that the crime of ecocide will work more effectively if adopted at international level. His government is already considering inclusion of ecocide into national law. The world is finally becoming more aware of the importance of having ecocide law in place. Polly’s non-profit organisation, Ecological Defence Integrity (UPDATE: now known as Stop Ecocide Foundation), continues her work at the diplomatic and legal as well at grassroots level under the name Stop Ecocide to bring about the acknowledgement, advancement and inclusion of ecocide crime at the international level. Polly left behind a spark and her team is already busy fanning the fire – as a figure of speech of course.

Green Transparency founder, Shirleen, was at COP25 Madrid, when she received an email about Vogue Spain wanting an interview. Within the next few days, she was invited to the Conde Nast office and met with Vogue contributor Nuala Philips. Shirleen soon realised that she wasn't alone! Vogue also got in touch with six other amazing women from around the world to feature as seven female environmentalists to watch. The ensuing article was published in Vogue Espana’s March 2020 issue. The cover of this spring issue was graced by the beautiful, Hailey Bieber (formerly Baldwin). The title page of the article speaks of the importance of fighting for a better planet from each of the women’s perspective, signalling that it’s still not too late. Shirleen's wore a sustainable blouse by Spanish designer, Leandro Cano, and she was photographed by Ed Martin. Special shout out to Spanish designer, Sybilla, for making this fortuitous connection! Shirleen's picture was eventually chosen to be featured as the cover page of the article. Here's the English translation of the piece about our founder: "This woman is involved in more projects than you can shake a stick at – in Spain and internationally. Her name is Shirleen Chin (Borneo, 1987). She’s whirlwind of energy, equally passionate about everything, whether it’s asking if she can take pictures of the photoshoot shoes or working as a scourge of the international corporate mafia. “I am careful, of course,” she says winking an eye. “People are surprised that the same corporate mafiosi that commit other crimes are also the ones behind ecocide, but if we don’t sort out organised crime and corruption, if these people get their way, we will continue to witness environmental destruction. In her diary, which she places on the table while nestling herself on the chair, is the endless list of projects and actions she is working on. “I coordinate Extinction Rebellion legal affairs in the Netherlands; I am also part of the IUCN World Commission on Environmental Law; I founded my own consultancy in 2018, Green Transparency; I train young people on climate justice … ”, she lists them without any air of self-importance. “This year I have been very focused on ecocide and trying to raise global awareness for the need for it to be recognised as a crime,” she says. In order to do this, Chin has been focused on raising the voice of the island states “doomed to disappear within 30 years”, she warns." Quoting former President of the United States, Barack Obama, Nuala wrote in her opening that “[w]e’re the first generation to feel the effect of climate change and the last generation who can do something about it.” The seven female environmental activists who Nuala interviewed are all environmental activists and advocates in their own communities and circles, each championing a cause (or several!). In the excerpt about Shirleen, she is quoted as saying that, “if we don’t sort out organised crime and corruption, if [corporate mafiosi and the likes] get their way, we will continue to witness environmental destruction.” So many other types of crimes are linked to some of the most devastating and irreversible environmental disasters. This type of politically-motivated or profit-driven crimes are no different than organised crime, which adopts similar bullying, law-aversed and clandestine strategies. We need to realise that law-making is a powerful tool in not only stopping bad behaviour but also a clear signal to nay-sayers that they can no longer hide. This is why introducing the crime of ecocide is important. High-level politicians and corporate elites should no longer get away scot free. Their days of flouting the law are over if ecocide is made a crime. Shirleen also happens to be the Head of Advocacy & Strategic Partnerships for Ecological Defence Integrity, a UK-based non-profit co-founded by the late UK barrister and ecocide law expert, Polly Higgins. The Vogue interview also highlights some of Shirleen’s other affiliations, mainly Extinction Rebellion in the Netherlands and the International Union for the Conservation of Nature or IUCN’s World Commission on Environmental Law. Not mentioned directly is Shirleen’s role as expert member for the Global Initiative Against Transnational Organised Crime and trainer for the Center for United Nations Constitutional Research or CUNCR’s climate youth ambassador programme.

16 October 2018: Green Transparency Founder, Shirleen Chin, was invited by Prof. Marcus King, Director of the George Washington University's Elliott School of International Affairs' Master of Art in International Affairs Program, to speak to his students on her experience in the environmental field and of transnational approaches to organised crime. The talk aims to highlight the professional accomplishments of women but also to inspire the students on career opportunities in the field. In her presentation, Shirleen highlighted the environmental conundrum faced by humanity. Despite our age-old understanding of the effects of the natural resource curse, some would argue that little has changed for the better. In fact, the curse has only exacerbated as criminal groups have now become part of the equation. Disenfranchised people in resource-rise countries are not the only ones experiencing the curse. Some criminal groups have taken advantage of the enabling elements of the curse to advance their spread of terror worldwide, indiscriminately affecting millions in both developed and developing countries. While developed countries have been relatively effective in fending off some of these hostilities, they are sadly looked upon by environmentalists as ineffective in addressing transnational environmental and human rights abuses. To view Shirleen's presentation to the students, feel free to download the following file: Please contact us for more context about the content or requests to speak to your own students!