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Paper Details
Paper Code: AIJACLAV9RP2024
Category: Research Paper
Date of Submission for First Review: Nov 16, 2024
Date of Publication: December 21, 2024
Citation: Dr. P. Jogi Naidu & Mr. Bhagavatula Naga Sai Sriram, “Global Environmental Issues and Human Rights Violations", 4, AIJACLA, 86, 86-101 (2024), <https://www.aequivic.in/post/global-environmental-issues-and-human-rights-violations-1>
Author Details: Dr. P. Jogi Naidu, Associate Professor of Law, Damodaram Sanjivayya National Law University (DSNLU) &
Mr. Bhagavatula Naga Sai Sriram, LLM Scholar, Damodaram Sanjivayya National Law University (DSNLU)
Abstract
In this 21st century when Global Environmental concerns such as deforestation, pollution, depletion of natural resources and climate change are so extensive, they are regrettably no longer unique and they are accompanied with the violation of Human Rights. These environmental harms are impacting the vulnerable population unjustly and the aforesaid harms are not merely a violation of environmental law but also infringe the fundamental and basic Human Rights such as the right to life, health, water, food etc. This paper explores the critical connection between Global Environmental issues and Human Rights violations along with the inspection of existing legal and regulatory frameworks for protection of environment and the human rights. This paper also evaluates how well these current legal and regulatory frameworks perform in addressing these multiple challenges. Recognising this interconnection between the Environment and the Human Rights is important, as it stresses collective global efforts to both safeguard human dignity and promote sustainable environmental practices. This research paper investigates the problems and gaps surrounding current Legal and Policy -frameworks and also emphasizes the role of Non-Governmental Organizations (NGOs), the members of Civil Society in protecting environment and providing legal aid to marginalized communities where their very Human Rights have been violated. Finally, this paper concludes with the recommendations to address these interconnected challenges.
Keywords: Environmental Issues, Human Rights, Environmental Justice, Environmental Protection.
INTRODUCTION:
The adverse effects of human activity on the environment have reached crisis proportions. Climate change, deforestation, and pollution are leading to consequences that devastate ecosystems and imperil all of us. However, the implications of environmental degradation go far beyond the natural world. Today two of the major worries in this century are human rights and environmental degradation. These environmental harms not only affect the well-being of individuals and communities but the whole population and entire ecosystem. Though these issues appear to be separate, they are interconnected. The attainment of human rights, including the right to life, health and dignity, is reliant on upon a healthy environment free from pollution. Environmental degradation has much to do with poverty. It has a severe impact on the vulnerable sectors of society, worsening human rights violations given the existing social and economic disparities. The intersection of global environmental problems and human rights abuses has given birth to a new concept of Environmental Human Rights. This concept advocates for a Right to a healthy environment and demands that the perpetrators of environmental harm be accountable. This paper attempts to carry through an examination of the institutional frameworks for Environmental Human Rights, and thus identify both obstacles and opportunities in meeting the increasing threats to environmental human rights. It is anticipated that by clarifying the links between environmental degradation and human rights abuses this paper will contribute to greater harmony and effectiveness in both fields, and to advancing environmental justice and human well-being.
GLOBAL ENVIRONMENTAL HARMS:
“In its proclamation, the United Nations Declaration on Human Environment, 1972[1] assumed that man is both a creature and molder of his environment”. The environmental harms such as the pollution, global warming, acid rain, ozone depletion, deforestation, waste disposal and loss of biodiversity are the consequences of the usage of natural resources unjustifiably. Rapid increase of construction activities, industrialization and globalization leads to many environmental issues. Some of the major environmental harms can be stated as follows:
Loss of biodiversity: Biodiversity encompasses the incredible and a wide variety of life on Earth at all levels in all of its forms, from genes within species to the vast array of ecosystems. Biodiversity is the primary substance to the ecosystem services and in which the human is well connected. The loss of biodiversity involves the reduction or extinction of species and the degradation of ecosystems. The causes of biodiversity loss are habitat destruction due to the Deforestation, Urbanization, Pollution including the contaminants, over exploitation of harvesting resources, unreported and excessive fishing. The consequences of loss of biodiversity are disruption of ecological balance due to loss of species, reduction in natural phenomena such as pollination, economic impact on agriculture, tourism etc.
Global warming and climate change: Global warming is the long-term heating of our planet's surface caused primarily by human activities that release greenhouse gases into the atmosphere. These gases trap heat, slowly warming Earth's climate. Climate change includes various elements such as global warming and its impacts on weather patterns. Climate changes lead to a different temperature that modifies the ice, climate and oceans. The burning of fossil fuels and other activities such as deforestation, methane emissions etc. release greenhouse gases that trap heat in the atmosphere, causing global warming and disrupting climate patterns. Some of the consequences of global warming and climate change are increased global temperatures, heatwaves, melting of ice caps, glaciers, rising sea levels, frequent and severe hurricanes, floods etc. which affect marine life and humans.
Environmental pollution: Environmental pollution encompasses the introduction of various contaminants, like chemicals, waste, and even noise, into the environment. This introduction of harmful substances disrupts the delicate balance ecosystems and harms living organisms. Various forms of pollution include air pollution because of emissions from vehicles, industrial activities, water pollution because of discharge of industrial waste, plastic waste into the water bodies, soil pollution because of usage of pesticides, open industrial waste disposal and noise pollution because of vehicular traffic and industrial activity. The consequences of the environmental pollution are the health impacts such as the respiratory problems, water scarcity and reduced agricultural productivity.
Hazardous waste disposal: Hazardous waste disposal is the unsafe and uncontrolled process of handling and managing waste materials that pose a threat to human health and the environment. The sources of the hazardous waste disposal include the industrial activities which involve chemicals, mining, medical waste disposal from hospitals and the laboratories and the consequences of these disposals are the health risks because of exposure to the toxic substances, environmental contamination and the economic costs because the cleanup costs of these hazardous waste can be substantial.
Deforestation: Deforestation is the large-scale removal of forests, which is not balanced by natural regeneration or replanting. Few causes for deforestation are the infrastructure development such as roads, urbanization and mining and the logging of forests which have the potential to cause several consequences such as the soil erosion, disruption of water cycles which eventually lead to the floods and droughts.
INTERCONNECTION BETWEEN THE HUMAN RIGHTS AND THE ENVIRONMENTAL HARMS:
The connection between global environmental issues and human rights violations is increasingly recognized as an urgent concern. Environmental degradation, climate change, pollution, deforestation and biodiversity loss directly impact basic human rights such as the right to life, health, water, food and shelter This relationship is more complicated in developing countries such as India and continues to grow as environmental degradation accelerates and human rights in the most vulnerable communities is increasingly threatened.
The following table highlights the complex relationships between environmental degradation caused by climate change and human rights violations.
(Image Source[2]: Limon, M, 'Human Rights and Climate Change: Constructing a Case for Political Action' (2009) 33 Harvard Environmental Law Review 439-476.)
The Paris Agreement's preamble acknowledges the close relationship between climate change and human rights. It emphasizes the importance of respecting these rights, such as the right to health, indigenous rights, gender equality, and the right to development, in the face of climate change. “Acknowledging that climate change is a common concern of humankind, Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity.”[3]
In 2017, the Inter-American Court of Human Rights (IACtHR) issued a landmark advisory opinion recognizing the right to a healthy environment as a fundamental human right. This decision has significant implications for environmental protection and human rights law. “It outlined states obligations to prevent significant environmental harm, including cross-border impacts. The court recognized the interconnectedness of environmental protection and human rights. Violations of the right to a healthy environment can affect various rights, including the right to life, health, water, housing, and procedural rights like information, expression, association, and participation.”[4]
The 2011 OHCHR Report on Human Rights and the Environment emphasized the interconnectedness between human rights and environmental protection. It highlighted how environmental degradation can have severe negative impacts on the realization of various human rights. “Human rights obligations and commitments have the potential to inform and strengthen international, regional and national policymaking in the area of environmental protection and promoting policy coherence, legitimacy and sustainable outcomes.”[5] There are three primary theoretical approaches to understanding the relationship between human rights and the environment.[6] “The first sees the environment as a precondition to the enjoyment of human rights. The second views human rights as tools to address environmental issues, both procedurally and substantively. The third integrates human rights and protection of the environment under the concept of sustainable development.”[7]
Some of the basic Human Rights which are directly connected to the environmental harms are mentioned below:
· Right to Life and Environmental Harms: The right to life is a fundamental human right, enshrined in various international treaties, “including Article 3 of the Universal Declaration of Human Rights (UDHR)[8] and Article 6 of the International Covenant on Civil and Political Rights (ICCPR)”[9]. Environmental harms, such as air and water pollution, deforestation, and climate change, poses direct and indirect threats to human life. Exposure to hazardous chemicals, air pollution, and contaminated water can lead to life-threatening diseases, including respiratory illnesses, cancers, and waterborne diseases and also extreme weather events are resulting in displacement, food insecurity, and increased mortality rates.
· Right to Health: “The right to the highest attainable standard of health is enshrined in Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR)”[10]. Environmental degradation undermines this right in numerous ways such as through air pollution, water contamination. These environmental harms are causing millions of deaths annually due to respiratory and waterborne diseases.
· Right to Water and Sanitation: “The UN General Assembly in 2010 recognized the right to water and sanitation as essential to the realization of all human rights.”[11] However, improper management of waste, industrial pollution, and unsustainable agricultural practices compromise this right, particularly for vulnerable and marginalized communities.
· Right to Food: Environmental degradation and climate change significantly affect agricultural productivity, threatening food security and, by extension, “the right to adequate food as mentioned in Article 11 of the ICESCR”[12]. These phenomena reduce arable land and also alters weather patterns which directly impacts crop yields and ultimately leading to food scarcity, hunger, and malnutrition.
· Right to Housing: Environmental harms and degradation leads to displacement due to natural disasters, rising sea levels, desertification, and other environmental changes. This destabilizes the right to adequate housing, as recognized by international human rights instruments such as the ICESCR.
· Indigenous Rights and Environmental Degradation: Indigenous people live in close connection with nature, relying on land, forests, rivers, and oceans for their livelihoods and cultural identity. “Environmental degradation, such as mining, deforestation, and industrial projects, disproportionately affects indigenous communities by displacing them from their ancestral lands and violating their rights to self-determination, land, and culture as outlined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)”[13].
EXISTING LEGAL AND REGULATORY FRAMEWORKS FOR THE PROTECTION OF ENVIRONMENT AND THE HUMAN RIGHTS:
International Frameworks (Treaties and Declarations):
Universal Declaration of Human Rights (UDHR) (1948): It sets a common standard for human rights, including “the right to a standard of living adequate for health and well-being”[14].
· “International Covenant on Civil and Political Rights (ICCPR) (1966)”[15]: Protects civil and political rights, including rights to life and freedom from inhuman treatment, which can be exaggerated by environmental harms and degradation.
· “International Covenant on Economic, Social, and Cultural Rights (ICESCR) (1966)”[16]: Recognizes the right to health and an adequate standard of living, which includes access to clean water and a healthy environment.
· “United Nations Framework Convention on Climate Change (UNFCCC) (1992)”[17]: It seeks to stabilize greenhouse gas levels in the atmosphere to avoid significant human-induced disruption of the climate system.
· “Convention on Biological Diversity (CBD) (1992)”[18]: Focuses on the conservation of biological diversity, sustainable use of its components, and fair sharing of benefits arising from genetic resources.
· Paris Agreement (2015): It builds upon the UNFCCC, aiming to reduce the global warming to below 2 degrees Celsius above pre-industrial levels.
· Stockholm Declaration (1972): The first declaration to link human rights and environmental protection, leading to the establishment of the United Nations Environment Programme (UNEP).
· Rio Declaration on Environment and Development (1992): Emphasizes sustainable development and includes principles that link human rights and environmental protection.
· “Aarhus Convention (1998): Grants the public rights regarding access to information, public participation, and access to justice in environmental matters.”[19]
REGIONAL FRAMEWORKS:
· “European Convention on Human Rights (ECHR): Interpreted by the European Court of Human Rights to include environmental protection under the right to private and family life as stated in Article 8”.[20]
· “American Convention on Human Rights: The Inter-American Court of Human Rights has recognized the right to a healthy environment as essential for the enjoyment of other human rights”.[21]
· Escazú Agreement (2018): “The first regional environmental treaty in Latin America and the Caribbean, focusing on access to information, public participation, and justice in environmental matters.”[22]
· “African Charter on Human and Peoples' Rights (1981): Includes the right to a general satisfactory environment favourable to development (Article 24)”[23]
EFFECTIVENESS OF EXISTING LEGAL FRAMEWORKS:
Current laws and policies to address many environmental protection and human rights challenges are mixed. While there are well-established global, regional and national policies, the effectiveness of these approaches varies widely depending on factors such as political will, enforcement capacity, corporate influence, and sociality and economic conditions.
a) Strength of the Legal and Regulatory Frameworks: The global legal and regulatory frameworks for environmental protection, such as the Paris Agreement (2015) and the Convention on Biological Diversity (CBD), represent significant progress but remain largely aspirational, relying on national implementation. Human rights instruments like the UDHR, ICESCR, and regional charters, though not explicitly environmental, support rights related to health, life, and dignity, which can extend to environmental protection. However, these agreements are non-binding and lack accountability mechanisms, limiting their effectiveness. Countries with strong constitutional frameworks, such as India and South Africa, have successfully linked environmental protection to human rights. Strict environmental laws exist in many countries, like the Clean Air Act in the US and the Environmental Protection Act in India, but enforcement remains weak. Regulatory bodies often face challenges, including limited resources, corporate influence, corruption, and the prioritization of economic growth over environmental protection, especially in developing countries.
b) Corporate Accountability and Environmental Harm: Corporate Social Responsibility (CSR) regulations and Environmental, Social, and Governance (ESG) standards have emerged to promote corporate accountability for environmental protection. International frameworks like the OECD Guidelines encourage responsible business practices, while national laws, such as India’s CSR laws and Norway’s environmental regulations, impose environmental standards on businesses. However, in many developing countries, corporate interests, especially in industries like mining and oil, dominate environmental decision-making. This leads to weak enforcement of environmental laws and the neglect of community rights.
c) Protection of Vulnerable and Marginalized Communities: International instruments like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirm indigenous communities' rights to land, resources, and self-determination. National laws, such as India’s Forest Rights Act (2006), offer specific protections for indigenous land and resource rights. Legal mechanisms like public interest litigation (PIL) and India’s National Green Tribunal (NGT) provide marginalized groups a means to challenge environmentally harmful projects. However, governments often bypass community consultations and ignore consent. Additionally, existing legal frameworks do not recognize climate-induced displacement as grounds for refugee status, leaving affected communities without sufficient protection.
d) Access to Justice and Accountability Mechanisms: Many countries, particularly in Latin America and Europe, have environmental courts and tribunals that enable citizens to challenge harmful projects and seek compensation. The Aarhus Convention (1998) ensures public access to information, participation, and justice in environmental matters across Europe. Public interest litigation and class action lawsuits allow civil society and marginalized groups to hold governments and corporations accountable. However, setbacks include limited judicial capacity, expensive and complex environmental litigation, and lack of clear legal avenues for victims of transboundary environmental harm. International environmental law lacks strong mechanisms for resolving cross-border disputes or providing redress to affected communities.
LIMITATIONS OF CURRENT LEGAL AND POLICY FRAMEWORKS:
The current legal and policy frameworks for environmental protection and human rights, though comprehensive in some areas, have notable problems and gaps. These deficiencies prevent the effective safeguarding of the environment and human rights, both globally and within India.
· Disjointed Legal Frameworks and Inconsistent Integration of Human Rights in Environmental Treaties: Many international legal instruments addressing human rights and environmental protection operate in silos, with little coherence between them. For instance, environmental treaties often focus on specific issues (like climate change or biodiversity) without a broader human rights focus, while human rights treaties may not directly address environmental harms. Although recent agreements like the Paris Agreement include human rights language, many older treaties do not recognize the linkage between environmental degradation and human rights, leading to limited accountability.
· Lack of Judicial Oversight: At the international level, there are limited judicial bodies that can directly adjudicate environmental and human rights violations. The International Court of Justice (ICJ) rarely hears environmental cases, and even when it does, its rulings are often advisory.
· Lack of Compliance and Accountability Mechanisms: Many countries sign environmental treaties but fail to implement or enforce them domestically. There is no robust system to hold states accountable for failing to meet their international obligations on environmental protection and human rights.
· Weak Regulation of Multinational Corporations (MNCs): Many MNCs, particularly in extractive industries (oil, mining, etc.), contribute to environmental destruction and human rights violations. Existing legal frameworks are inadequate in holding them accountable, especially when operations across national boundaries.
· Environmental Crime: Crimes like illegal logging, poaching, and pollution are often under-regulated, and perpetrators rarely face prosecution. International frameworks to tackle environmental crimes are insufficient, and cooperation between states is often weak.
· Corruption and Bureaucratic Inefficiencies: Corruption within environmental regulatory bodies and bureaucracy often undermines the enforcement of environmental laws. Projects that violate environmental standards often proceed due to bribery or political pressure.
· Balancing Development with Environmental Protection: Judicial interventions have sometimes been criticized for prioritizing environmental concerns over economic development, creating tension between sustainable development goals and immediate economic needs.
· Disregard for Public Consultation: The Environmental Impact Assessment (EIA) process, which mandates public consultation, is often manipulated or bypassed, leaving affected communities without a voice in projects that impact their environment and livelihood.
THE ROLE OF NGOS IN ENVIRONMENTAL PROTECTION AND LEGAL AID FOR MARGINALIZED COMMUNITIES:
Non-governmental organizations (NGOs) and civil society members play an important role in providing environmental protection and legal assistance to marginalized communities whose human rights have been violated.
1. Advocacy and Awareness: NGOs and civil society organizations (CSOs) play a crucial role in raising awareness about the connection between environmental issues and human rights violations. They educate the public and marginalized communities on how environmental protection affects health, livelihoods, and rights. NGOs such as Greenpeace, Friends of the Earth, and WWF lead global campaigns to highlight environmental problems like pollution, deforestation, and climate change. Using media outlets and social platforms, they draw attention to these issues and related human rights abuses. NGOs also work directly with communities, particularly indigenous and rural populations, to inform them of their environmental rights and available legal remedies. Organizations like Natural Justice and ELAW focus on capacity building by training local leaders in legal and environmental advocacy.
2. Legal Advocacy and Litigation: Marginalized communities often lack the financial and legal resources to challenge powerful corporations, government projects, or illegal activities that harm their environment and violate their rights. NGOs and civil society groups step in to offer free or subsidized legal aid. In countries like India, NGOs frequently file public interest litigations (PILs) on behalf of marginalized communities affected by harmful projects. Environmental law organizations, such as Earthjustice in the United States and the Environmental Defense Fund (EDF), provide free legal representation to communities facing environmental injustices, including pollution and illegal land seizures.
3. Policy Advocacy and Lobbying: NGOs play a vital role in shaping environmental policy at both national and international levels by lobbying governments to create or amend laws that protect the environment and human rights. Organizations like Greenpeace and the World Resources Institute (WRI) actively participate in international negotiations, such as the United Nations Climate Change Conferences (COP), advocating for stricter environmental standards and climate justice. NGOs conduct research to support policy advocacy, presenting data-driven arguments to governments and international bodies. They also publish reports identifying gaps in current environmental laws, suggesting legal reforms, and offering policy recommendations. For instance, India's Centre for Science and Environment (CSE) regularly publishes reports on issues like air quality and water pollution, influencing public opinion and legislative changes.
4. Monitoring and Reporting Environmental Violations: NGOs and civil society members often act as environmental watchdogs, monitoring activities like illegal deforestation, industrial pollution, and land encroachments. They work in collaboration with local communities to document violations and report them to authorities or media outlets. NGOs like Global Witness have documented the activities of illegal loggers, mining companies, and large-scale agricultural projects that threaten ecosystems and displace indigenous communities. They gather evidence and share it with governments, international organizations, and the public to hold perpetrators accountable. NGOs also file complaints with national and international human rights commissions, environmental regulatory bodies, and tribunals to address grievances.
5. Protecting the Rights of Indigenous and Marginalized Communities: For indigenous and marginalized communities, land is vital for their livelihood and culture. NGOs like Survival International defend these communities' land rights against displacement from development projects, secure legal titles under laws like India’s Forest Rights Act, and provide legal protection for environmental activists facing threats or violence.
6. Addressing Climate Justice and Human Rights: NGOs have been pivotal in advocating for climate justice, highlighting how marginalized communities are disproportionately affected by climate change despite contributing the least to it. NGOs are also working to address the legal and human rights gaps concerning climate refugees, advocating for new frameworks to protect people displaced by environmental disasters. NGOs use legal tools to hold governments and corporations accountable for their contributions to climate change, arguing that they violate the rights to life, health, and a clean environment.
CONCLUSION AND SUGGESTIONS:
The nexus between global environmental issues and human rights violations is a complex and multifaceted one. As climate change, pollution, and resource depletion intensify, their adverse effects disproportionately impact marginalized communities, worsening existing inequalities and injustices. This research has explored the ways in which environmental degradation can infringe upon fundamental human rights, including the rights to life, health, food, water, and adequate housing. It is evident that addressing global environmental challenges requires a holistic approach that recognizes the interconnectedness of environmental and human rights issues. Governments, international organizations, NGOs, and individuals must work together to develop sustainable policies, promote environmental justice, and empower marginalized communities. By doing so, we can create a more equitable and sustainable future for all.
Addressing the interconnected challenges of environmental protection and human rights requires an integrated approach that enhances existing legal frameworks, strengthens enforcement mechanisms, empowers marginalized communities, and fosters global cooperation.
1. Enactment of a Legally Binding International Treaty on Environmental and Human Rights Violations: Current international frameworks like the Paris Agreement and Universal Declaration of Human Rights are largely non-binding, limiting accountability. Establishing a global treaty that recognizes environmental harm as a violation of human rights and makes governments and corporations legally accountable.
2. Creation of an International Environmental and Human Rights Court to address violations and provide remedies, especially for cross-border environmental harm and climate-induced displacement.
3. Implementation of Environmental and Human Rights Impact Bonds (EHRIBs). Social impact bonds finance projects that protect vulnerable ecosystems and marginalized communities. Investors fund initiatives like reforestation, sustainable agriculture, renewable energy, or clean water access, and governments or international bodies repay them based on the project's success. This model aligns financial incentives with environmental and social benefits, encouraging private-sector involvement.
4. Establishment of a Global Green Justice Fund for Marginalized Communities: Setting up a Global Green Justice Fund under the United Nations or World Bank that provides grants and legal aid for marginalized communities facing environmental injustice. The fund should Offer legal assistance to communities affected by environmental degradation or resource grabs, including access to international courts and arbitration.
5. Climate Justice Quotas and Equity in Global Emission Reduction Commitments: Introduction of a climate justice quota system where wealthier nations (the largest historical polluters) shoulder a greater burden of climate mitigation and adaptation costs. Wealthy countries committing to higher emission reduction targets and transferring low-carbon technology to developing countries. Ensuring that carbon offset markets benefit indigenous and marginalized communities by creating fair compensation mechanisms for carbon sequestration efforts like forest conservation.
6. Creation of a Global Digital Platform for Real-Time Monitoring of Environmental and Human Rights Violations: Building a global digital platform that uses satellite technology, artificial intelligence (AI), and blockchain to monitor environmental damage and human rights violations in real time. This platform should allow citizens and NGOs to report violations using mobile technology, feeding data into an international system for tracking deforestation, pollution, land grabs, and corporate malpractice.
7. International Tax on Environmentally Harmful Goods and Practices: Introduction of an international tax on environmentally harmful goods and practices, coordinated by international financial bodies such as the World Bank or the International Monetary Fund (IMF). The tax would target industries that contribute significantly to climate change, deforestation, water pollution, or resource depletion (e.g., fossil fuels, single-use plastics).
8. Universal Recognition and Compensation Mechanism for Climate-Induced Displacement: Implementation of a universal recognition and compensation mechanism for climate-induced displacement, creating legal pathways for those forced to flee due to environmental disasters or rising sea levels. The mechanism would Recognize climate-induced displacement as a legitimate ground for refugee status and provide financial compensation and relocation support to countries and communities disproportionately affected by climate change, funded through global contributions from high-emission nations.
SPECIFIC RECOMMENDATIONS FOR INDIA:
India faces unique challenges in balancing rapid economic growth with environmental protection and human rights, particularly for its vast rural and tribal populations.
1. Strengthening Legal Protections for Environmental and Human Rights Defenders: Environmental activists and human rights defenders in India often face intimidation, threats, and violence when standing up against powerful corporate or governmental interests. Amending the Protection of Human Rights Act (1993) to include specific provisions for the protection of environmental defenders. Setting up a National Task Force that provides security, legal aid, and safe havens for those facing threats due to their environmental activism. This task force should collaborate with civil society organizations and provide access to fast-track courts for cases of harassment or violence.
2. Adopting Rights-Based Approach in National Climate Policy: Incorporation of a rights-based approach into India's climate action plans, ensuring that every policy considers the human rights implications, particularly for vulnerable groups. India should amend its National Action Plan on Climate Change (NAPCC) to include climate justice principles, guaranteeing compensation and livelihood restoration for communities affected by climate change.
3. Implementation of National Climate and Environmental Education Program: Launching a National Climate and Environmental Education Program in collaboration with civil society organizations and state governments. This should be integrated into school curricula from primary to secondary levels, ensuring that children learn about environmental protection and human rights. Conducting adult education programs in rural and tribal areas, focusing on sustainable agricultural practices, forest management, water conservation, and climate adaptation. Creation of a public awareness campaign using traditional and digital media, making information about environmental laws, rights, and climate change accessible in local languages.
4. Empowering Local Governance for Environmental Decision-Making: Empowering Gram Sabhas (village councils) and local self-governance institutions with legal authority over local environmental decisions. This can be done by Mandating that environmental clearances for projects in rural areas require explicit free, prior, and informed consent (FPIC) from local communities, as recommended under international law and also Strengthening the implementation of the Forest Rights Act (2006) and Panchayats (Extension to Scheduled Areas) Act (1996) by ensuring these bodies have veto power over land-use changes, mining projects, and forest management plans.
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· UN Doc E/CN.4/Sub.2/1994/9. 74-77 (1994). Final Report on Human Rights and the Environment, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, UN Economic and Social Council, 46th Sess.
· Boyle, A, 'Human Rights and the Environment: Where Next?' (2012) 23 Environmental Journal of International Law 613-642.
· Giorgetta, S, 'The Right to a Healthy Environment, Human Rights and Sustainable Development' in International Environmental Agreements: Politics, Law and Economics (2002) 173-194.
· ‘13th Informal ASEM Seminar on Human Rights: "Human Rights and the Environment" (ASEMHRS13) - Asia-Europe Foundation (ASEF)’ (Asia-Europe Foundation (ASEF)) <https://asef.org/projects/13th-informal-asem-seminar-on-human-rights-human-rights-and-the-environment/> accessed 5 September 2024.
[1] ‘The Stockholm Declaration on the Human Environment’
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[2] Limon, M, 'Human Rights and Climate Change: Constructing a Case for Political Action' (2009) 33 Harvard Environmental Law Review 439-476
[3] ‘Paris Agreement’ (UNFCCC) ‘<https://unfccc.int/files/meetings/paris_nov_2015/application/pdf/paris_agreement_english_.pdf’> accessed 5 September 2024.
[4] ‘Advisory Opinion OC-23/17’ (ESCR-Net) <www.escr-net.org/caselaw/2019/advisory-opinion-oc-2317/> accessed 7 September 2024.
[5] ‘OHCHR, Analytical study on the relationship between human rights and the environment (UN Doc A/HRC/19/34, 16 December 2011)’, para 2
[6] Id, paras. 6-9.
[7] Boyle Alan, ‘Human Rights and the Environment: Where Next?’ ‘(OUP Academic, 11 October 2012) <https://academic.oup.com/ejil/article/23/3/613/399894’> accessed 6 September 2024.
[8] ‘Universal Declaration of Human Rights, UDHR’, art 3
[9] ‘International Covenant on Civil and Political Rights, ICCPR’, art 6
[10] ‘International Covenant on Economic, Social, and Cultural Rights, ICESCR’, art 12
[11]‘The Human Right to water and sanitation’ ‘<www.un.org/waterforlifedecade/human_right_to_water.shtml#:~:text=On%2028%20July%202010,%20through,realisation%20of%20all%20human%20rights’> accessed 2 September 2024.
[12] ‘International Covenant on Economic, Social, and Cultural Rights, ICESCR’, art 11
[13]‘United Nations Declaration on the Rights of Indigenous Peoples (A/RES/61/295)’ (United Nations) ‘<www.un.org/development/desa/indigenouspeoples/declaration-on-%20the-rights-of-indigenous-peoples.html’> accessed 3 September 2024.
[14] ‘Universal Declaration of Human Rights (United Nations) <www.un.org/en/about-us/universal-declaration-of-human-rights’> accessed 4 September 2024.
[15] ‘International Covenant on Civil and Political Rights, ICCPR’
[16] ‘International Covenant on Economic, Social, and Cultural Rights, ICESCR’
[17] ‘What is the United Nations Framework Convention on Climate Change? | UNFCCC <https://unfccc.int/process-and-meetings/what-is-the-united-nations-framework-convention-on-climate-change’> accessed 8 September 2024.
[18] ‘Convention on Biological Diversity’ (1992)
[19] ‘Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters’ 1998
[20] ‘Article 8: Respect for your private and family life (Equality and Human Rights Commission, 24 June 2021) <www.equalityhumanrights.com/human-rights/human-rights-act/article-8-respect-your-private-and-family-life#:~:text=Article%208:%20Respect%20for%20your%20private%20and%20family%20life%20|%20EHRC’> accessed 2 September 2024.
[21] ‘Inter-American Court of Human Rights Recognizes the Right to a Healthy Environment’ (American Society of International Law, 2 June 2020) ‘<www.asil.org/insights/volume/24/issue/14/inter-american-court-human-rights-recognizes-right-healthy-environment>’ accessed 3 September 2024.
[22] ‘Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean | Observatory on Principle 10’ (Inicio | Observatorio del Principio 10).
[23] ‘The Right to a Healthy Environment’ (IUCN) ‘<https://iucn.org/news/world-commission-environmental-law/202110/right-a-healthy-environment>’ accessed 8 September 2024.