A rights-based approach to climate change

The Intergovernmental Panel on Climate Change (IPCC) released its Climate Change Report in February 2022. It contained several alarming findings. The IPCC Report stated that CO2 emissions in 2019 were higher than at any time over the last 2 million years. The sea levels have risen faster in the 1900s than in any other century prior to that. Changes due to global warming such as changes in the ice sheets, oceans and global sea levels are now irreversible. These developments have catastrophic consequences for the future of humanity.

Climate change is a pressing human rights issue and must be seen as one. It affects one’s right to life, food, clean drinking water, housing, livelihood and many other important rights. UN Special Rapporteur on extreme poverty and human rights, Philip Alston has warned that climate change will undo the gains of the last 50 years of development, global health and poverty reduction. Alston pointed out that “Perversely, while people in poverty are responsible for just a fraction of global emissions, they will bear the brunt of climate change and have the least capacity to protect themselves.”

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Terming it as a ‘climate apartheid’ scenario, he observed that the wealthy, as a result of their resources, will pay to escape overheating, hunger and conflict while the have-nots will be left to suffer the adverse consequences of climate change.

In October 2021, the UN Human Rights Council, through a resolution, recognised the right to a clean, healthy and sustainable environment as a human right. The UN General Assembly recognised the same right in July 2022. These are landmark developments as they strengthen the rights-based approach towards protection against climate change. They also increase the accountability of States to take steps towards mitigation of the effects of climate change. India abstained from voting on the Human Rights Council Resolution.

India ranks seventh in the list of countries most vulnerable to climate change. As per the World Air Quality report, India was home to 11 of the 15 most polluted cities in Central and South Asia in 2021. Poor air quality is the second biggest causative factor for diseases. The report, Mapping India’s Climate Vulnerability states that more than 80% of India’s population lives in districts that are vulnerable to hydro-met disasters of extreme nature. The states in the northeast are the most vulnerable to floods, while the states in the south and central India are more vulnerable to droughts. India is in an environmentally vulnerable position.

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Role of NHRC

The above factors are worrisome, to say the least. As the premier human rights body of the country, the National Human Rights Commission (NHRC) has the statutory responsibility to protect, among others, the right to a healthy environment. Apart from the UN, the Supreme Court of India, in M C Mehta v. The Union of India, and in a number of other cases, has held that the right to a clean and healthy environment is covered under the right to life stated in Article 21 of the Constitution.

The Global Alliance of National Human Rights Institutions, (GANHRI), in its statement adopted at the GANHRI Annual Conference on Climate Change 2020, affirmed its sincere commitment towards climate action. Apart from reporting and advising government bodies, the statement also held that NHRIs must conduct sound environmental, social and human rights risk and impact assessments prior to commencement of projects and adoption of policy measures.

There are some NHRIs that have initiated action along the above lines. The Kenyan Human Rights Commission has been monitoring and documenting the human rights violations that have occurred amidst the forest conservation efforts initiated by the Kenyan Government. The Commission on Human Rights in the Philippines conducted an inquiry into the impact of climate change on the human rights of Filipinos. The Commission received submissions from various advocates, legal and scientific experts, and academics from all around the world on various aspects of the issue.

The NHRC in India has not made adequate efforts in combating climate change. In the case of Van Gujjars, who were being resettled to protect the forest area, the NHRC recommended that the willingness of the community be considered, thus trying to balance environmental protection and the rights of the people. The NHRC also reopened the case against Coca-Cola in January 2022 for depletion of groundwater in Plachimada village in Kerala, even though it had closed the case in March 2021. It has also intervened in endosulfan poisoning in Kerala, rehabilitation of Bargi dam oustees among other cases.

These, however, are sporadic instances and there seems to be no consistent effort on the part of the NHRC to contribute to the cause. It has not adequately exercised its suo motu power to take cognisance of human rights complaints relating to climate change nor intervened in court proceedings involving substantive matters relating to climate change. The NHRC’s contribution to law and policy reform, adherence to international conventions, research, monitoring and training, encouragement to the efforts of NGOs regarding climate change, does not inspire confidence.

The NHRC needs to be seen as approachable for issues related to the environment and climate change. It can undertake relevant research projects that can help them with policy interventions. As more projects are being undertaken nationwide to adapt to or mitigate the effects of climate change, the NHRC must ensure that such ‘green projects’ do not impinge on the human rights of those being affected by such projects.

Climate change has an adverse impact on all other human rights. Adequate warning has been sounded by national and international organisations about the disastrous consequences of climate change in India. It is high time that NHRC prioritised this challenge. It must take proactive measures to combat the issue of climate change to safeguard human rights.

(Y S R Murthy is the Executive Director and Kajal Parwani is the Research Associate, Centre for Human Rights Studies, RV University.)