Imagine that it is raining heavily for a few days in your city, there is no power, no feasible communication or transportation means, the food and drinking water stocks are near their end and you have nowhere to go. How do you survive at such critical times? And if you are relocated by the authorities at some safer place, how do you get that dignity back from current vulnerability? Here we are about to discuss the aspects related to human rights, particularly for climate refugees.
What is Climate Change?
Humans are said to be the most intelligent species on earth and we use this intelligence for easing our day-to-day lives through technology using the natural resources available. During this process, we harm nature resulting in ill effects. According to the United Nations, “Climate change refers to long-term shifts in temperatures and weather patterns. These shifts may be
natural, such as through variations in the solar cycle. But since the 1800s, human activities have been the main driver of climate change, primarily due to burning fossil fuels like coal, oil and gas”1.
Link Between Human Rights and Climate Change
Humans are dependent upon nature just like any other creature. It’s just that humans are the only one responsible for global warming and all the other creatures suffer the climate change crisis impact along with us humans. Climate change causes various disasters like floods, droughts, cyclones, wildfires, etc. People so affected have to suffer and sometimes migrated to safer places for the sake of survival. The otherwise very obvious rights to life, to live with dignity, to a safe and healthy environment, etc. somehow jump out of the window at such disastrous instances. For the sake of life and human rights, it’s time to mend what has been done wrong and repair mother earth. Climate change adaptation is no longer an option but a necessity, particularly for the human race.
Climate Change Crisis: Real Impact
The effect of climate change is serious and also a recurring phenomenon. Given below are the dots between climate change and human rights:
● Water and food scarcity
● Floods and droughts
● Frequent and severe weather events
● Rise in level of sea accrediting melting glaciers
● Threat to low-lying, polar areas and small island states
● Increasing threat to health with vector borne, water-borne diseases and heatwaves
● Increased wildfires
Basic Human Rights Affected by Climate Change
● Right to life
● Right to self-determination
● Right to development
● Right to food
● Right to health
● Right to water and sanitation
● Right to housing
● Right to education
● Rights of future generations (although unrecognized but taken as an imperative goal for
the mankind through Stockholm Declaration of the United Nations Conference)
Climate Change Adaptation Measures
Climate change ‘adaptation’ can be understood as the process of change by which we can become better suited to the environment. Measures are taken by the concerned governments to support their people vulnerable to climate change crisis real impact with relocation and resettlement. UDHR, ICCPR and ICESCR concomitantly deal with human rights affected by the environment. It is an undeniable right of everyone to have a safe environment but it’s a pity that the world took years realizing that the environment tops the basic human rights list for the sake of life. Discussion over role of human rights in climate change adaptation measures at the international podium took place with the following:
● Paris Agreement, 2015: UN Climate Change Conference (COP21) setting up the goal to tackle climate change and it’s negative impacts2.
● COP26: UN Climate Change Conference in Glasgow led to Glasgow Climate Pact reaffirming the emergency and the need of adaptation while supporting the developing countries3.
● Human Right to Safe, Healthy and Sustainable Environment was recently recognized as a resolution by the UN Human Rights Council in October 20214.
Climate Change and Human Rights in India
India is a geographical masterpiece where there are mountains, plateaus, plains, deserts, coasts, islands, etc. This fact also indicates India being prone to the environmental risks like droughts and floods. More than half of India’s population relies upon agriculture and other climate sensitive factors5. Even clean air has become a past asset for some metropolitan cities in India. Thus, it is evident that we, the people of India, are very much among the climate vulnerable population.
Indian Government Strategies to Fight Climate Change
Considering the vulnerability of Indian population due to global warming and compliance with international requisites, the government came forward through various legislations molding the practices injurious to environment:
● 1948 – Factories Act (Amended in 1987)
● 1972 – National Council for Environmental Policy and Planning (later evolved into the
Ministry of Environment and Forests (MoEF) in 1985).
● 1972 – The Wildlife (Protection) Act
● 1974 – Water (Prevention and Control of Pollution) Act
● 1977 – Water (Prevention and Control of Pollution) Cess Act
● 1980 – The Forest (Conservation) Act
● 1981 – Air (Prevention and Control of Pollution) Act
● 1982 – Atomic Energy Act
● 1986 – Environment (Protection) Act (EPA)
● 1988 – Motor Vehicles Act
● 1991 – Public Liability Insurance Act (PLIA)
● 1992 – Policy Statement for Abatement of Pollution and the National Conservation
Strategy and Policy Statement on Environment and Development brought out by the
Ministry of Environment and Forests.
● 1993 – EAP (Environmental Action Programme) formulated with the objective of
improvement of environmental services and integrating environmental considerations
into development programmes.
● 1995 – National Environment Tribunal Act
● 1997 – The National Environment Appellate Authority Act
● 1998 – Hazardous Wastes Rules
● 2006 – National Environment Policy
● Environment Impact Assessment (EIA) Notifications
● 2008 – Eight missions under the National Action Plan on Climate Change (NAPCC),
Prime Minister’s Council for Climate Change, Government of India
- National Solar Mission (started in 2010);
- National Mission for Enhanced Energy Efficiency (approved in 2009);
- National Mission on Sustainable Habitat (approved in 2011);
- National Water Mission;
- National Mission for Sustaining the Himalayan Ecosystem (approved in 2014);
- National Mission for a Green India (approved in 2014);
- National Mission for Sustainable Agriculture (approved in 2010); and
- National Mission on Strategic Knowledge for Climate Change6.
- 2010 – National Green Tribunal Act
Environment, Human Rights and Indian Judiciary
The judiciary in India is one of the three pillars supporting Indian democracy. Disputes related to the environment and climate change crisis real impact often knock the doors of justice and the judiciary does not miss out on setting up another landmark. Given below are the instances when the role of human rights in climate change adaptation measures was recently reinforced by the various Indian courts:
● Patna High Court directed the setup of relief camps in flood affected districts7.
● The Supreme Court held that coverage of ‘flood and inundation’ insurance includes damages caused by heavy rains and not just overflowing of river8.
● Kerala High Court registered a suo moto PIL after deadly Kerala floods were claimed to be man-made through a letter9.
● The Supreme Court directed the central government for formulation of national drought management plan10.
Inference
Climate change adaptation measures are directly proportional to compromise of basic human rights. But this fact can be surpassed if the responsible authorities, both within and beyond borders undertake their responsibility. Since relocation and resettlement are the most obvious
and viable options left thereafter, there should be attempts to endorse financial security and livelihood of those impacted. Accountability and remedy should be ensured so that the basic human rights are uplifted even at such critical times11. However, since it is the human acts leading to biodiversity loss, it is necessary to reverse the harm by practicing some preventive measures so as to reverse the harm already done to Mother Nature.
Frequently asked questions on human rights and climate change
Q – What human rights are affected by climate change?
A- The basic human rights like food, water, sanitation, housing, etc. are few of the many factors that accompany a climate vulnerable population.
Q- How can we reduce the impact of climate change?
A- Reducing the emission of carbon-di-oxide, encouraging recycling, creating less nonbiodegradable wastes are some of the measures that may help curb the climate change crisis real impact. Also, some people think that instead of preventing climate change we need to find a way to live with it.
Q- Who is most responsible for climate change?
A- With the few decades of industrialization and technological developments, carbon emission has increased exponentially. Developed countries are the most responsible for global warming as per reports12.
