CLIMATE AND ENVIRONMENT

Fauna, Flora…and Funga: The Case for the Protection of Fungi Under National and International Law

Fungi are the Earth’s connective tissue and are crucial for human health and well-being. Yet, they have largely been ignored in international and national environmental law and policy. International negotiations this year provide an opportunity to fix this.

After a year of postponed meetings and conferences, the international community is back on track and poised to meet several times this year to tackle urgent environmental threats. In May, states will negotiate the Post-2020 Global Framework on Biodiversity, which will guide state biodiversity efforts for years to come. In September, the global community will consider means to strengthen the global food system at the UN Food Systems Summit. And in November, the climate crisis will again be the subject of global consideration at COP26 in Glasgow.

Problem-solving strategies – including those deployed to address environmental threats – aren’t fully effective unless they cover all of the key components of the given issue. This much is obvious. And yet, in the past, these types of international governance convenings – international and national environmental law generally – have ignored a crucial player: fungi.

Life on Earth depends on fungi. The vast majority of plants, for example, depend on symbiotic fungi to obtain the nutrients they need and ward off disease; indeed, plants never would have migrated onto land if not for their partnership with fungi. Fungi are also essential for fixing carbon and vital nutrients into the soil, thus providing a service that entire ecosystems depend upon to function. Humans rely on fungi for food, medicines, and spiritual practices. Indeed, many of the transformational advances in healthcare achieved in the past two centuries relied on fungi: penicillin, for example, comes from fungi. Many future advances in medicine – for treating cancers, viruses, and mental illnesses – are similarly likely to come from fungi. Yet despite their utmost importance, fungi are usually ignored in both international and national environmental protections.

It’s an ignorance we can’t afford to sustain. If international and national environmental law and policy continue to discount the interests of fungi and the threats they face, then these laws and policies will be – at best – ineffective.

The Status of Fungi in International and Domestic Law

There are a number of international environmental treaties that explicitly aim to mitigate threats to flora (plants) and fauna (animals). This includes the Convention on Biological Diversity (CBD) and the Convention on International Trade in Endangered Species of Wilde Flora and Fauna (CITES), both are seminal pieces of international environmental law. The texts of CBD and CITES, as well as other international environmental treaties, explicitly reference flora and fauna as the subject of the protections that the treaties offer. The third F – funga, representing the diversity of fungi species – is conspicuously absent.

This is not an inconsequential oversight. Not only does it mean that fungi species don’t benefit from the legal and policy protections offered by these treaties, but it also suggests that fungi are somehow less important than plants or animals. This could not be further from the truth, as fungi’s essential role in ecosystems demonstrates.

This misleading message is reflected not only in the absence of fungi in international treaty texts but also in the work of important conservation institutions. Take the International Union for Conservation of Nature (IUCN), for example. It is an international organization that, among other things, gathers and analyzes data and conducts research on the conservation and sustainable use of natural resources. As part of this work, IUCN compiles the Red List, which tracks the extinction risk status of plant, animal, and fungi species. However, while the Red List includes 43,556 plant species and 76,457 animal species, it only covers 343 fungi species. This is likely due both to a lack of attention paid to fungi species and the fact that, generally speaking, less effort has been made to identify fungi species relative to plant and animal species. Because there is a gap in IUCN’s work on fungi species and because IUCN’s data and analysis are critical in facilitating conservation work, it is more challenging to advance fungi conservation than plant and animal conservation.

In general, domestic law mirrors international law in its failure to explicitly recognize fungi as a distinct form of life with distinct needs. The major exception to this is Chile, where the concerted efforts of fungi activists to secure policy protections for fungi led to their explicit inclusion in a major environmental law passed in 2010. As a result of this, Chile’s main conservation law – which establishes procedures for protecting at-risk species – now includes fungi. 

What Can Be Done and Why It Matters

The aforementioned gap in international and national law needs to be filled by explicitly incorporating fungi. This begins with expanding discussions of flora and fauna to include funga – thereby making it the “3 Fs.” Policymakers and environmental advocates should work to ensure that fungi are clearly included in conservation frameworks. That may mean changing the text of a given national conservation law to include fungi or it may mean working at the agency-level to ensure regulations incorporate fungi.

Recognizing fungi in international and national law has important practical and symbolic consequences. Practically, it will unlock funding for fungi research, obligate governments to take certain steps to protect fungi, and limit certain activities harmful to vulnerable species of fungi. Symbolically, it signals the importance of fungi and their role in ecosystems. This is why we at the Climate Litigation Accelerator – in collaboration with fungi experts Giuliana Furci and Merlin Sheldrake – launched an initiative (FaunaFloraFungi) to fill this regulatory gap. The programmatic statement of the initiative is open to signatures and has already been endorsed by Jane Goodall, Michael Pollan, Donna Haraway, Andrew Weil, Andrea Wulf, Paul Stamets, Robert Macfarlane, Wade Davis, David Boyd and a number of other prominent scientists, naturalists, environmental advocates, and citizens from around the world.

Fungi are equal members of Earth’s web of life and fundamental to the health of humans and the planet. This year provides exceptional opportunities to update international and national law and policy to finally reflect this truth. Let’s make sure to use them.

April 27, 2021. César Rodríguez-Garavito and Jacqueline Gallant, The Earth Rights Research & Action (TERRA Law).

CLIMATE & ENVIRONMENT

Breaking Through the Climate Gridlock with Citizen Power

Why climate advocates are increasingly turning to citizens’ assemblies to remedy governments’ sluggishness on climate change.

Nearly thirty years ago, the international community formally recognized the urgency of the threat posed by climate change through the adoption of the UN Framework Convention on Climate Change (UNFCCC). Yet, based on the current trajectory of global greenhouse gas emissions, we are barreling towards an increase in temperature that far exceeds the 1.5 to two degrees Celsius after which dangerous destabilization of the climate system is possible.

This decades-long gridlock on ambitious climate action has led climate advocates and concerned citizens to search for alternative methods to jumpstart action on climate change. Increasingly, climate activists – including Extinction Rebellion – have been turning to one method in particular: citizens’ assemblies. In this explainer, the Climate Litigation Accelerator (CLX) provides an introduction to this emerging trend.

What Is a Citizens’ Assembly?

Drawing inspiration from examples of participatory democracy in Ancient Greece, citizens’ assemblies are a form of “deliberative mini-publics.” They are usually convened to consider major public policy issues, like electoral reform. Though citizens’ assemblies vary in the details of their institutional design, they tend to share certain core features.

For example, citizens are generally chosen to participate through a random selection process. Citizens’ assemblies work because they’re assumed to be representative of the public at large and not systematically biased towards a particular viewpoint or segment of society. That’s why this step is critical in the assembly design process. 

Once in session, a citizens’ assembly typically begins with a series of activities intended to educate the participants on the issue – or issues – for which the assembly was convened. The educational component is followed by activities intended to provide a space for discussion with fellow citizen participants and deliberation of the issue. This can take place in a variety of forms, including small group discussions and plenary sessions.

The educational efforts and deliberation activities culminate in a final decision rendered by the citizens’ assembly. The nature of that decision depends on the issue under review, but generally the citizens’ assembly will adopt a series of policy proposals or positions on the issue and on sub-topics of the issue.

Citizens Assemblies: Pros and Cons

Advocates of citizens’ assemblies offer a number of justifications for using citizens’ assemblies to shape public policy. One of the most significant is that these assemblies are thought to help break persistent gridlock on major issues within the political system. Advocates for citizens’ assemblies also argue that they enhance the democratic legitimacy of policy choices that involve significant trade-offs and facilitate buy-in for those tough policy choices.

Over the past several decades, there has also been a movement towards incorporating greater public participation in democratic governance. Citizens’ assemblies are one mechanism to do just that, and the evidence demonstrates that citizens’ assemblies are effective tools to increase public engagement. Citizens’ assemblies can also help combat distrust in political institutions, which can endanger the conditions necessary for democracy to thrive.

Skeptics have urged more caution when considering whether to advance citizens’ assemblies. In particular, some observers have argued that citizens’ assemblies may incentivize elected policymakers to “outsource” tough decision-making to these assemblies. There is also no guarantee of a good or appropriate outcome, which is a source of concern for some skeptics. Indeed, given the rising tide of populism and polarization, the assemblies may be unable to reach a consensus or may advance suboptimal policies. 

Can Citizen Assemblies Jumpstart More Ambitious Action on Climate Change?

For many climate advocates, citizens’ assemblies are seen as a key tool in the fight to secure more ambitious action on climate change. For them, the issue is ripe for deliberation by a citizens’ assembly because of the longstanding gridlock that has stymied progress on the issue and because a citizens’ assembly adds legitimacy to the major trade-offs associated with policymaking on climate change.

Some have also argued that citizens’ assemblies are well-positioned to consider long-term problems – which climate change undoubtedly is – “because citizens need not worry about the short-term incentives of electoral cycles, giving them more freedom than elected politicians.”

Climate Citizen Assemblies: A Growing Trend

In spring 2020, British citizens met over six weekends for the U.K. Climate Assembly, where they considered what the United Kingdom should do to reach net zero greenhouse gas emissions by 2050. Ultimately, assembly members adopted a set of recommendations which were released in their final report. It remains to be seen how the government will respond to the Assembly’s findings and whether they will be incorporated into the U.K.’s climate policies.

In 2019 and 2020, French citizens had the opportunity to participate in Convention Citoyenne Pour le Climat, a national citizens’ assembly on climate change. The assembly was tasked with coming up with a series of policy measures, consistent with social justice, that would allow a forty percent reduction in global greenhouse gas emissions by 2030. The assembly’s report was released in 2020; though the ultimate impact of the assembly’s recommendations will become more apparent in the future, French president Emmanuel Macron has indicated that at least some of the assembly’s proposals will be incorporated into French policy.

What’s Next?

Climate advocates are taking citizens’ assemblies, which have historically operated within national boundaries, to the next level. In the fall of 2021, a global citizens’ assembly on climate change will be held in the lead up to COP26, aiming to jumpstart the COP process that has thus far failed to secure the emission reduction commitments necessary to limit global warming to well below two degrees Celsius. CLX will be closely documenting these developments. If citizens at the global assembly can find a path to ambitious climate action, so can global leaders.

March 2, 2021. César Rodríguez-Garavito and Jackie Gallant, The Earth Rights Research & Action program (TERRA Law).