Published on 10 December 2024
INTRODUCTION
Climate Justice requires urgent priority from the world due to the difference in global emissions and the disproportionate impact of climate change on different countries. Especially, rich nations and wealthy individuals contribute more to global emissions, while the cost is bear by the poorer nations and less affluent people. This anomaly cannot be considered merely as an environmental issue but it is a matter of profound social injustice as developing countries suffer more in terms of loss of resources, migration, deterioration in living standard of life, mortality and loss of livelihoods. The sad and unjust reality of the world today is: those who have contributed the least to climate change suffer the most. Underdeveloped countries of the world are heavily dependent on nature connected primary and secondary sector and lack access to advanced technology, financial resources and infrastructure to deal with new threats caused by climate change. The scale of problem is further increased by the careless consumerism pattern in rich nations, which drives environment degradation in poorer regions.
Moreover, climate change is causing large scale displacement in the world with millions of people forced to migrate from their countries due to life threatening environmental conditions and extreme weather events. This problem demands urgent attention to be given to the human rights challenges faced by ‘environment refugees’ who generally lack legal recognition or protection under international law and face discrimination in their new locality. This underscores the wide gap in international refugee law, which does not adequately address climate induced migration. The historical context adds another to this injustice. The global north has historically contributed the most to global emissions since the start of Industrial Revolution, for their own development and financial growth at the heavy cost of environment degradation. Ironically, the global south, which have contributed the least, are now experiencing the most severe impacts of climate change. This historical debt calls for tangible support from developed nations in the form of technology transfer, financial assistance, and capacity building initiatives.
Addressing climate justice and environment racism requires comprehensive plan which includes dedicated climate diplomacy, rectifying inequities and international cooperation.
THE GLOBAL CARBON DIVIDE: FIGURES EXPOSING CLIMATE INEQUITIES
Climate justice highlights the stark disparities in global emissions and the disproportionate impact of climate change on least developed countries. For a comprehensive assessment of this issue, analysis of statistics and figures is must to establish the foundational ground for studying climate justice and its importance. The facts and figure reveal the disheartening picture of the inequities of current development trajectory. Recently, a notable study uncovered a significant revelation: “The richest 10 % in the developed countries and China emitted 22 % more CO2 than the total emissions of all the developing countries studied combined. Surprisingly, the top 10% in developing countries emit less than the national average of developed nations[1].” It shows individuals in the top 10% of developing countries emit significantly less than their counterparts in developed countries. Another important study, conducted in partnership with the UNDP to assess inequality in climate justice, reveals: “Presently, the average emissions of the global bottom 50% still remains about 4 times lower than the global average, with the poorest billion emitting less than one tonne of CO2 per capita annually[2].” Global disparities in per capita emissions stem from significant differences in average emissions both between countries and within each country. Europe records an average emission of nearly 10 tonnes of CO2 per person annually, while the figure escalates to approximately 20 tonnes in North America. Comparatively, emissions drop to 8 tonnes in China, 2.6 tonnes in South & South-East Asia, and 1.6 tonnes in Sub-Saharan Africa. Moreover, historical emissions inequality across regions is strikingly pronounced. North America and Europe collectively account for roughly half of all emissions since the Industrial Revolution. China's contribution to the historical total stands at approximately 11%, while Sub-Saharan Africa's share is a mere 4%.
IRONY
OF THE CLIMATE CHANGE
The cruelty about climate change can be observed in its ironical impact as the countries and people who have contributed the least suffers the most. Poor and underdeveloped nations depend more on primary sector directly connected to nature and lacks access to advanced technology, financial and infrastructural resources, and alternative source of livelihood to deal with new threats. The studies by United Nations have already established that with every one-degree Celsius increase, the growth rate in these countries could drop by substantial percent, hampering the process of development and will make survival difficult. As per the data by The World Health Organisation (WHO) at least 150,000 deaths per year is caused by climate change and this figure could rise exponentially to double by 2030[3]. Not surprisingly the majority of these deaths are caused in Poor tropical regions of the world, most vulnerable to the impact of Climate Change and Global Warming. These countries do not have mean to deal with health challenges like outbreak of infectious diseases associated with rise of temperature like insect borne diseases such as malaria and dengue, heatwaves which increase the risk of hyperthermia or cardiovascular issues arising due to hot temperature. People living in this region neither have access to advanced public health system and resources nor they have appropriate technological know-how to protect themselves from the adverse impact of Climate Change.
As already mentioned, climate change has huge impact on the source of livelihood in poverty ridden tropical nations, where indigenous populations heavily depend on nature and natural resources for their subsistence. Communities there still relies heavily on agriculture, mining, fishing and forest resources, all of which are very sensitive to climatic variations. Moreover, the speed of development and technological advancement have remained comparatively slower in this region, leaving them behind as the victim of changing environmental conditions due to lack of modern infrastructure and resources required for adapting to the new conditions. Geographical locations of these tropical countries further exacerbate the issue by making them vulnerable to extreme weather events, such as floods, droughts and hurricanes which are slowly becoming more recurring due to global warming and climate change. All this not just take aways the limited means of income but also destroys home, local infrastructure resulting in problems such as displacement, poverty, malnutrition, food insecurity and a decline in standard of life. Therefore, addressing this vulnerability required immediate intervention and support to improve sustainability in this region.
CLIMATE-INDUCED DISPLACEMENT: PROBLEMS AND DISCRIMINATION FACED BY ENVIRONMENTAL REFUGEES
1. Increase in Number of Environment Refugees.
Undoubtedly impact of climate change varies and it affects every region differently based on many factors as some regions are particularly more vulnerable than others based on geographical features, resources available and adaptability. In the phase of climate change, migration has emerged as an adaptation strategy, since substantial population movement is observed as a response to environmental disasters from last few years. This is reflected in data, as per the World Bank’s Groundswell report, climate change could cause possible migration of around 216m people from their own nation by 2050, and sub- Saharan Africa would be the most impacted region in the world [4]. The projections by reputed agencies such as NASA has also given shocking figures such as by the mid of this century- major portion of the Gulf will become uninhabitable, due to global warming. Moreover, South Asian countries like India, China and Bangladesh along with many Southeast Asian nations will face the threat of increasing sea level. Studies reveals that around 17% of Bangladesh’s landmass is at risk of subversion which can result in the displacement of large number of people by 2050[5]. By the same year, due to climate change India as well experience significant migration of upto 45 million people, due to climate change. India is a land of vast and varied geography but it is also vulnerable to the diverse impacts of climate change ranging from land degradation, flooding, and desertification.
In light of this, the issue of environment refugees gains major prominence, as migration and displacement have become inevitable reality of today’s word. In simplified words, climate refugees are individuals who are compelled to leave their homeland due to gradual environment change that impacts their living conditions. From past few years, frequency and intensity of natural disasters have increased and caused extreme weather events like floods, droughts and hurricanes, displacing millions of people globally. Many communities especially in island nations who are facing threat from rising oceans and countries in sub- Saharan Africa prone to prolonged droughts and desertification are facing existential threats due to climate change. They are forced to leave their homes and migrate in search of more viable living conditions.
2. Lack of legal recognition and protection under international law
The condition of environment refugees is a matter of human right concern. The suffering of environment refugees is aggravated by the lack of proper legal recognition and protection under international law. These refugees face socio- economic hardships such as limited access to healthcare, employment and education apart from discrimination and hostility from local communities, who perceive them as outsiders competing for scare resources.
It calls for immediate action and attention from international communities to recognise plight of these refugees and give them formal status to further develop the policies to address their needs. International refugee law is primarily governed by the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol. These documents elaboratively describe who qualifies as a refugee, protections and rights they are entitled to and their obligations to host countries. Article 3[6] of the convention puts prohibition on any kind of discrimination to the person qualified as refugee and ones a person is recognized as refugee according to Article 1(A) of the convention, individuals are provided granted asylum and protection from returning to the territories where their freedom or lives are at potential threat. However, the term refugee under this convention does not extend to most climate – displaced person. Unlike political refugees who are covered by the 1951 Refugee convention, environment refugees are not covered under it, leaving them in a vulnerable situation without any guaranteed rights or support. It shows lack of recognition of the connection between human rights and climate change. The legal instrument present for refugees currently, largely do not consider the aspect of climate change induced migration. There are few exceptions to it such as 1969 OAU Convention[7] in Africa which offers broader protection but still falls short of recognizing climate refugees explicitly and is limited due to its regional scope. Other international efforts in this direction includes 1984 Cartagena declaration [8] which offers broader definition of refugees and could encompass climate refugees, but it remains only as an aspirational guideline due to its non-binding nature.
Given this, the most effective response would be development of new instrument catering this specific purpose to bring movement related to climate change under broad framework of human rights. At the moment, establishing new international agreement would encounter unavoidable obstacles such as lack of global consensus and political will, therefore a stepwise strategy is recommended. Once this is approach is established, regional and bilateral solutions can be pursued which includes collaboration with affected governments on adaptation strategies. On a larger scale, international community should firstly seek to form a treaty or agreement under international refugee law which recognizes the status of ‘climate refugee’ – population displaced by climate change without any means of subsistence and support. States cannot wait until the crisis is out of control, therefore they should advocate for a treaty that provide some kind of global protections to climate refugees.
Analysis of international environment law is equally important to understand the obligation of origin state as well as extra territorial obligation of third states with regards to human rights and social, cultural and economic rights of climate refugees. Although there is no comprehensive law but there are certain important guidelines and obligations that seek to provide relief to them such as IASC Operational Guidelines on Human Rights and Natural Disasters (2006)[9] which highlights how human rights should be respected during and after natural disasters and emphasize the protection and assistance required for displaces persons. The mitigation efforts to prevent climate induced displacement requires dual focus on two main objectives: first, reducing displacement by proactively taking the steps to minimize global emission and mitigate climate change which is a leading factor of displacement; and second, ensuring human rights protection of the displaced populations. While second objective has been largely unaddressed by international community, guidelines and obligations for achieving first has become a part of popular discourse in recent few years. The UN Framework Convention on Climate Change (UNFCC), Montreal Protocol and Kyoto Protocol are very important in this regard but major shortcomings such as USA being one of the largest emitters has not ratified the Kyoto Protocol make these protocols inadequate. Another factor contributing to the limited scope of these obligations is the challenge of implementation in developing countries. Implementation of these obligations often requires major financial and technological support from already developed industrial states, aligning with the principles of climate justice.
It can be inferred that international treaties and law, specifically in the realm of climate and environment protection, is inadequate to effectively deal with new complex challenges such as climate refugees. While many agreements outline rudimentary obligations for mitigating the damages posed by climate change, they lack comprehensive rules and legal framework for compensation and support. Additionally, gaps and uncertainties persist due to limited scope of disaster prevention which is largely regional with limited practical relevance. Therefore, a binding treaty is omnipotent to obligate states to protect and support climate displaced persons, ensuring their rights and addressing the legal void in existing frameworks.
THE CLIMATE COST OF INCREASED CONSUMERISM BY RICH NATIONS ON POOR COUNTRIES
In a very simple terms increased consumerism refers to the overconsumption of goods and services by individuals often driven by desires for the latest trends like fast fashion, status symbol, convenience or social validation rather than necessity. To summarize it can be defined as a culture where people frequently buy new products by replacing the older ones, leading to mass level of production and waste generation that ends up in landfills or pollutes water bodies, further harming wildlife and natural habitats. This also reflects on the inequality of resource distribution in the world, as per one study 20% of the population consume 80% of the natural resources.[10] This unsustainable consumption pattern in rich countries exacerbates the problem of climate change, the consequences of which are disproportionately felt by underdeveloped countries, aggravating their pre-existing vulnerabilities.
Biggest case study of these unhealthy lifestyle patterns and misguided approach towards environment is fast growing fashion industries of modern times. As per data by the United Nation Studies – “The fashion industry is responsible for 10 % of annual global carbon emission and 20% of global waste water.”[11] Manufacturing process of these industries release substantial amount of greenhouse gases, for example producing a single pair of jeans can emit around 35 % of CO2. Moreover, 10,000 liters of water is required to just grow a kilo of cloth needed for the pair of jeans.[12] Fast Fashion trend causes significant environmental damage as the manufacturing process requires intensive water, causes chemical pollution due to synthetic dyeing processes and use pesticides in cotton farming. The most discouraging part is the fact that more than 80% of textiles get discarded in landfills or is incinerated, releasing harmful pollutants. This unprecedented inclination towards fast fashion especially amongst youth is driven by social media and advertising which create a psychological need to constantly update wardrobes in order to appear trendy. All this highlights ethical dilemma in modern consumer culture. Fast fashion mainly benefits the wealthy nations, where the main brands are headquartered. It relies on cheap labour from poor countries and use location of these countries as Production hub further resulting in resource depletion, pollution and economic inequality. Profit flow back to the wealthy nations while poor countries face the environmental and social costs.
Today’s world has stepped into the age of digitalisation, resulting in the surge of demand for electronic devices. The rapid production of smartphones, laptops, tablets and other electronic gadgets has led to a significant environmental impact. The raw material which is essential for production of these devices includes rare minerals, which are often extracted through damaging mining practices which impacts environment adversely. Most of these devices contain harmful contaminants such as lead, nickel, barium, Mercury, Chromium etc. All this has led to new challenge of e- waste, as most of the devices become outdated soon and their disposal contributes to e- waste, which results in release of toxic substances into the environment. Discharge of these toxic substances contaminates the ground water which can cause various health problems and further acidifies river water disturbing the aquatic environment and life. The disheartening part is that not just the positive impact of digitalisation has not reached the poor countries but the burden of e- waste is heavily and unjustly weighed on them since manufacturing units are largely set up in these regions. These countries often lack the suitable infrastructure to manage and recycle e- waste efficiently, leading to serious environmental and health problems.
There are many daily activities with the change in lifestyle of developed world that directly impacts the environment. The one is heavy reliance on disposable plastic products use in packaging of food services and everyday items. In the fast- paced world, where consumption pattern depends on convenience and time saving, the concept of pre- cooked food and packaged food has thrived internationally. As per researchers, environmental impact of ready- made meals are upto 35% more than equivalent home-made versions[13]. These products require increased refrigeration, use of preservatives and excessive packaging which generates higher amount of waste, carbon emission and various types of pollution contaminating environment.
Additionally, the unsustainable habits of wealthy individuals contribute disproportionately to climate change through many high- consumption activities which are questionable. They are more likely to travel by air for business and leisure which significantly increases their carbon footprint, as it is one of the most carbon- intensive form of transportation. Their large houses and offices require more energy for maintaining temperature so use of air conditioners and heaters are prevalent, thereby elevating greenhouse emissions. Consumption of luxurious goods such as private jets, yachts, upgraded electronic devices and their diet, all contributes to emissions.
In essence it can be said, while the rich enjoy the profits of their increased- consumption lifestyle, the social and environmental cost are disproportionately borne by the poorest section, amplifying the existing inequalities and hindering their development.
WAY FORWARD - CLIMATE JUSTICE TO NEGOTIATE EQUITY AND RESPONSIBILITY IN A CHANGING WORLD
1. Strategy for Fair Burden Sharing – ‘Addressing the debt Imbalance’
The principle of equity stands as a cornerstone, in the discussion of climate justice as it integrates the environment concerns within broader social justice imperatives. The historical emissions by developed world today should not go unnoticed. The present crisis by climate change have been intensified significantly by the emissions from industrialized countries. These developed nations have already reaped the benefit of industrialization and economic growth at the expense of environment degradation, with the whose impact now disproportionately placed on developing countries. Applying the principle of justice, developed countries owe a moral and practical debt to those nations who are now bearing the brunt of climate change due to industrialization process that took place in developed world years ago. This debt imbalance reflects historical injustice and require tangible support towards restitution and support. It includes green technology transfers, financial assistance and capacity building initiatives to empower vulnerable communities to adapt to the changing scenarios. There is an emerging concept of climate ‘debt’ which aims to quantifies the cumulative damages from CO2 emissions. The basic principle behind this concept is that industrialized countries, which have already benefited economically from high emissions should bear responsibility now. The 2015 Paris Agreement bought 190 countries together to pledge the reduction of carbon emissions by 2030.[14] However, there is still a gap in the development of practical mechanism to deal with the severe impacts of climate change. Calculating climate debt is one effective approach that helps in assessing each country’s fair share of the climate burden. The sum of emission damages is represented by the climate debt, therefore the countries with large climate debt could be asked to share a proportionally larger share of burden in order to attain climate justice. The climate debt over 1959–2018 is estimated at $59 trillion, and is projected to further increase by another $80 trillion during 2019–2035. The United States, China, and Russia are the largest contributors, with debts of $14 trillion, $10 trillion, and $5 trillion respectively.[15]
Climate debt per capita highlights disparities in responsibility. For instance, the per capita climate debt in the United States is six times higher than in China and 25 times higher than in India for the period from 1959 to 2018[16]. This disparity clearly indicates the need for developed nations, which have historically contributed the most to climate change, to shoulder a proportionally higher burden in addressing its impacts.
Much celebrated agreement such as The Paris Agreement’s framework which aims to limit global warming to below 2℃, ideally 1.5℃, above preindustrial levels and despite countries’ being devoted to their Nationally Determined Contributions (NDCs), the reduction in climate debt that is sought to be achieved through them is insufficient. All these challenges, calls for a more comprehensive and pragmatic approach involving climate finance through grants and concessional loans, addressing both mitigation and adaptation needs.
2. Committed Climate Diplomacy - Future Pathway for Global Climate Cooperation
Climate policy should be integrated with a country’s foreign policy to create a comprehensive regulatory framework. This approach helps in connecting international institutions, incorporating expert assessments and coordinating various bilateral and unilateral initiatives. By merging diplomacy and climate in foreign policy, countries can effectively deal with global environmental challenges through collaborative efforts. This integration also ensures that climate action measures are also supported by robust international cooperation and informed by the latest scientific research, resulting in positive outcomes. Ensuring inclusivity should be the major focus of climate diplomacy as the voices and concerns of vulnerable communities, mainly those in developing countries which are disproportionately affected by the climate change should be heard and considered in policy making for achieving the goal of climate justice.
In the present world, committed climate diplomacy, rooted in principles of fairness and inclusivity, plays instrumental role in ensuring climate justice. It serves as a crucial pathway to bring countries from diverse economic, social, political and geographic backgrounds together to tackle global challenge of climate change. Diplomatic efforts include constant efforts such as negotiations, agreements, and partnerships at global scale to address emerging climate issues. The Paris Agreement, adopted in 2015, is one of the biggest examples of committed climate diplomacy, when nearly 200 countries came together to set ambitious targets for reducing carbon emissions and limiting global temperature rise. The world today requires such dedicated efforts as climate change is no more a future concern, it has become a harsh reality of today.
Climate diplomacy requires stepwise plan, it should start at home by recognizing climate change as a core national interest and merging it with diplomatic and political channels. This requires engagement of political parties, government, NGO’s and non – state actors. Mobilizing domestic support for climate action strengthens the position of diplomats, allowing them to act effectively with credibility while negotiating on international stage. By including climate action in the national interest debate, climate diplomats can articulate national sentiments and present them internationally. Integrational of national and global perspectives on climate change through climate diplomacy helps in dealing multiple challenges associate with it such as challenges of human rights, environment racism and climate justice. Therefore, effective climate diplomacy by nations not only strengthens their ability to influence global climate policies but also ensures that their domestic actions align with international commitments, to deal with climate change effectively.
*Aarti Kumari is a Third Year B.A. LL. B (Hons.) student at National Law Institute University, Bhopal.
[1] Arora, Chetna, Pallavi Das and Vaibhav Chaturvedi, “The Emissions Divide: Inequity Across Countries and Income Classes” (2023), New Delhi: Council on Energy, Environment, and Water.
[2] Lucas Chancel “Climate change & the global inequality of carbon emissions, 1990-2020”, (2022), Natural Sustainability.
[3] Paritosh Kasotia,“The Health Effects Of Global Warming: Developing Countries Are The Most Vulnerable” (2007) XLIV Green Our World.
[4] The World Bank Groundswell Report, ‘Preparing for Internal Climate Migration’ (2018).
[5] Jenny Shalant,’ Bangladesh: A Country Underwater, a Culture on the Move’,(2018),NRDC.< https://www.nrdc.org/stories/bangladesh-country-underwater-culture-move>.
[6] Convention relating to the Status of Refugees (adopted on 14 December 1950, entered into force April 22, 1954). 189 U.N.T.S. 150, United Nations,1951.
[7] Convention Governing the Specific Aspects of Refugee Problems in Africa (adopted 10 September 1969, entered into force 20 June 1974) 1001 UNTS 45 (OAU Convention).
[8] Cartagena Declaration on Refugees (adopted 22 November 1984) in ‘Annual Report of the Inter-American Commission on Human Rights 1984-1985’ OEA/Ser.L/V/II.66/doc.10, rev.1.
[9] IASC, ‘Operational Guidelines on Human Rights and Natural Disasters’ (2006).
[10] World Resources Institute, ‘World Resources 1998-99: A Guide to the Global Environment’ (Oxford University Press 1998).
[11] UN Conference on Trade and Development, ‘How the Fashion Industry Can Help the Fight Against Climate Change’ (UNCTAD, 26 September 2019) https://unctad.org/news/how-fashion-industry-can-help-fight-against-climate-change accessed 31 May 2024.
[12] UNFCCC, ‘UN Helps Fashion Industry Shift to Low Carbon’ (UNFCCC, 26 September 2018) https://unfccc.int/news/un-helps-fashion-industry-shift-to-low-carbon accessed 27 May 2024.
[13] Adisa Azapagic and Sarah L Bridle, ‘The Environmental Impacts of Ready-Made Meals and Potential for Reducing Life Cycle Impacts Through Minimising Food Waste’ (2014) 73 Journal of Cleaner Production 294, 299 https://www.sciencedirect.com/science/article/pii/S0959652614000171 accessed 24 May 2024.
[14] Paris Agreement (adopted 12 December 2015, entered into force 4 November 2016) UNTS No. 54113.
[15] World Economic Forum, 'Why the world's richest countries are also the biggest emitters' (2022) https://www.weforum.org/agenda/2022/03/richest-countries-biggest-emitters-climate-debt accessed 22 May 2024.
[16] International Monetary Fund, 'Settling the Climate Debt' (2023) https://www.imf.org/en/Publications/fandd/issues/2023/09/settling-the-climate-debt-clements-gupta-liu accessed 16 May 2024.