Jus Humanis Journal Issue 2

Jus Humanis Journal of International Human Rights Law

CLIMATE CHANGE AND HUMAN RIGHTS 2 ISSUE // DECEMBER 2019

WHO WE ARE AND WHAT WE DO JUS HUMANIS IS A POLITICALLY INDEPENDENT ORGANISATION AND THE OPINIONS EXPRESSED IN THE JOURNAL BELONG TO THE AUTHORS ONLY. THE ARTICLES HAVE BEEN SUBMITTED ON 8TH DECEMBER

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EDITOR-IN-CHIEF: IRYNA SHARYPINA EDITOR: ELIZABETH QUINN

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Cover photo: Neil Palmer (CIAT), flickr.

IN THIS ISSUE Editorial piece

by Iryna Sharypina ....................................................p.3 Climate Change and Human Rights: Taking Things Seriously?

by Lasha Lursmanashvili ......................................pp.4-9 Challenging the Current Political Interests: The Power of Young Climate Activists

by Arwa Mukhtar ..............................................pp.10-11 Children vs. Climate Crisis and the Communication against Turkey: A Brief Analysis

by Serde Atalay ................................................pp.12-17 Displacement by Climate Change: Legal Status or Mitigation and Adaptation?

by Inky Vos ......................................................pp.18-20 The Urgenda Climate Case: A Revolutionary Human Rights-Based Approach to State Responsibility for Inadequate Climate Action?

by Kim de Bruijn ...............................................pp.21-25

An Impending Global Crisis but of Unequal Measure: Climate Change’s Impact on Food Security in Africa

by Esther Kariuki & Eberechi Nnah-Ogbonda .......pp.59-62 The Daunting Reality of Phasing Out Fossil Fuels – A Colombian Case Study

by Juan Samper ...............................................pp.63-65 Suicidesamong Farmers in Maharashtra State, India: How Are Climate and Environmental Changes Affecting Human Rights?

by Markus Lewin ..............................................pp.66-67 From Rural Landscapes to Urban Slums: Lives of Environmental Migrants in Bangladesh

by Silvia Mugnaini ............................................pp.68-71 Cultural Rights or Environmental Protection? A case on Thailand’s Water Festival

by Wichuta Teeratanabodee ..............................pp.72-74 Ok Boomers: How Climate Change Is Impacting Young People’s Mental Health and How Policy Makers Turn a Blind Eye to the Issue

by Marie Guichardon ........................................pp.75-78 “In the Midst of Chaos, There Is Also Opportunity”: The Global Warming Wars and the Exceptional Possibility of a Rapprochement between the Two Koreas.

by Valeria Raimondo.........................................pp.79-82

“Natural” or Man-made Disaster? Climate Change, Social Justice and Vulnerability

by Rasmus Björklund ........................................pp.26-28 Statehood, Sovereignty, Climate Change: The Case of Small Island Developing States

by Jakub Masri ................................................pp.29-34 Demanding Environmental Justice: Voices from Rural Areas of East Asia

by Laura Blažková ............................................pp.35-37 Environmental Racism. A Case of the Wixarika Community in Mexico

by Maria-Madalina Aldea ..................................pp.38-41 Between the State and a High Water: Hydropower Frenzy in Georgia

by Nika Arevadze .............................................pp.42-45 Australia and New Zealand on the Plight of Pacific Island Nations

by Tatsiana Rahozina .......................................pp.46-48 Tackling Climate Change through Renewable Energy: A Case Study of Biomass Energy Use in Moldova

by Alexandru Mocanu .......................................pp.49-51 Who Owns the Land? On the Rights to Natural Resources

by Daria Tarkhova ............................................pp.52-54 Climate Change Induced Water Salinity. Women, and Marriage Insecurity: A Case Study of Bangladesh 2 by Dilafroze Khanam ........................................pp.55-58

Photo: Curt Carnemark / World Bank, flickr.

EDITORIAL PIECE BY IRYNA SHARYPINA Even though she has expressed her concerns at the United Nations level, she has been criticized and humiliated by State officials such as Vladimir Putin,2 Angela 3 Merkel, Emmanuel Macron, Donald Trump and others. We as people, who are concerned about the future need to stand up, and take action as big changes start by taking small steps!

This year has become the year known for climate strikes. Greta Thunberg, a Swedish environmental activist, started this movement of the younger generation against the backdrop of States’ reluctance to act. Hence the rise of the youth movement to fight for their rights and the rights of future generations.

This issue on climate change and human rights has united different perspectives on how climate change interrelates with human rights, how climate change affects human rights and vice versa. This is an attempt to look at climate change and human rights from Europe to Australia, Asia to South America. Different rights affected by climate change include the right to life, right to health, right to culture, right to natural resources, property, right to food and others.

We live at a moment where the young generation is ready to take action because they are aware of the past and afraid for their future. This is why they have united to fight against States’ inaction in relation to the climate every Friday. Just as important, is the fact that States are beginning to understand that young people can stand up for themselves and that they demand accountability.

Greta is a role model for youth and speaks for the voice of millions. She has been acknowledged as one of the 100 most influential people and Person of the Year by Time magazine.

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However, the tension between and climate activists is present.

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states

Hope you will enjoy reading and maybe it will move you too to get involved!

Sincerely, Iryna Sharypina

Jus Humanis Journal of International Human Rights Law // December 2019

CLIMATE CHANGE AND HUMAN RIGHTS: TAKING THINGS SERIOUSLY? Article by Lasha Lursmanashvili Who doesn’t love to visit Venice? “The high water that devastated Venice this month flooded streets, squares and landmark churches. Tourists are still welcomed, but advised to bring waders” – The New York Times stated. One will ask: But, what are its root causes? Indeed, a tough topic to debate!

Each one of us is going to have our own unique story on certain reasons behind this catastrophic event. These reasons might be well articulated, thought through and compelling, or on the contrary, they can be implausible and flimsy. Some people argue that it has something to do with climate change and is blamed on human failure, while others believe that Venice flooding reveals a real hoax about climate change. The grain of truth is thus everywhere. The Amazon fires, which, I would prefer to term as earth’s common tragedy, are frequently affiliated with various factors, including climate change that can worsen wildfires by raising temperatures and increasing the chances of drought. Both of these factors can create “tinderbox” conditions, meaning that – once ignited – a fire can spread very quickly over large 1 areas of land. Such egregious occurrences are by no means exhaustive.

A growing trend of seeking climate justice has become a noble pursuit for peers to follow. Some do it obediently, others not. Every day we encounter a plethora of information on climate change issues. Usually the headlines disseminating this sort of information are phrased as follows: “Climate change becomes alarming and calls for a global scrutiny” or the “UN must undertake certain measures for combatting a climate change,” “Climate change is a product of human evilness,” Some even go beyond that when posing: “Climate change leads mankind towards inevitable degeneration.” The discussion on whether the statements above are of genuine authenticity is pointless, on the other hand, also denying the devastating effects creating outrageous consequences stemming from climate change generated disasters seems to fool oneself.

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Our common sense of ethical intuitions would suggest that climate change has something to do with human rights, hence, a curiosity about what climate change has to do with human rights is well grounded and justified. However, an even bigger problem arises regarding the solving of which is even harder than the climate change itself. The quintessential complexity is in delivering some certain invaluable particularities on climate change to certain people’s mindset unwilling to accept the reality independent of their fears wishes and desires. They often think of climate change like a weather forecast merely making a weather prognosis to what they should be expecting for tomorrow and to clothe accordingly. This assumption is empirically based. Young climate change activist Greta Thunberg, who raised her voice, which echoed across the planet, while emphasizing the necessity of undertaking certain actions against the climate monster, became an object of unmerciful hate speech [instead of being inspired by her courage and brave spirit] by way more educated people from whom we usually wouldn’t reasonably expect such kind of aggression.

After all, I am a bit skeptical this piece of paper can convey to readers what it initially aims, that’s an oxymoron. However, the mission fills me with a vast enthusiasm at least to try.

Photo: Julio Pantoja / World Bank, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

What are they: Friends or Enemies? Â Your climate change and human rights theory lacking grandma might wonder why people these days discuss and debate these topics. Is there something they have in common or even anything to share between them? To think in scientific terms, then, it appears, grandmas are right. Now, the readers wonder why?

Climate change is the catch-all term for the shift in worldwide weather phenomena associated with 2 an increase in global average temperatures. While this temperature increase is more specifically referred to as global warming, climate change is the term currently favored by science communicators, as it explicitly includes not only the Earth's increasing global average temperature, but also the climate effects caused by this increases.

Some effects are already happening in particular warming of Earth's climate has caused some snow and ice to melt, oceans to rise and has changed the 3 timing of when certain plants grow. Global temperatures are high and will continue to rise for decades to come due to greenhouse gas emissions 4 (GHGs) produced from human activity.

Human Rights are moral and ethical principles or norms describing and explaining the standard of certain human behavior.

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They are usually protected in International and Municipal law as natural and legal rights. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, all human beings are born free and equal in dignity and rights and are endowed with reason and conscience and should act 5 towards one another in a spirit of brotherhood. A naturalistic understanding of human rights suggest the person is entitled to have such rights merely by the virtue of being human person. If such rights exist, they must be grounded in some morally 6 seminal feature of each person. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in 7 the sense of being the same for everyone.

Human Rights can be seen as the shields (sometimes fragile, but still shields) against all agents, including governmental and private agents.

Many different kinds of rights exist. Usually, in theory and practice the categorization of human rights is classified in the following way: basic civil and political liberties, such as a right to life, prohibition of torture, prohibition of slavery and forced labor, right to liberty and security, right to a fair trial, right to respect for private and family life,Â

Photo: Curt Carnemark / World Bank, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

no punishment without law, freedom of thought, conscience and religion, freedom of expression freedom of assembly and association, prohibition of discrimination and etc. The next category includes social, economic and cultural rights such as, the right to work, the right to an adequate standard of living, including food, clothing, and housing, the right to physical and mental health, the right to social security, the right to a healthy environment, and the right to education, a right to take part in cultural life; a right to enjoy the benefits of scientific progress and its applications; a right to 2 benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which [she or he] is the author. To begin with, you might have noticed each of them have a different subject matter.

Climate change is usually studied, analyzed and discussed by scientists of various kind, whereas human rights usually is a common passion shared among lawyers, diplomats, legal scholars, academics, moral and ethical philosophers.

On a conceptual level they do not relate with each other, because they have different conceptions of what they initially and fundamentally aim to study.

At this point, many grandmas lacking belief in climate change and HR theory, seem to be right.

This is only one side of the coin. Climate change and human rights, to my best knowledge, do not actually share any conceptual nexus between them. However, it shouldn’t be understood as not being contextually dependent (especially human rights). Think about it in different terms: suppose human rights (HR) and climate change (CC) are in a real life relationship, for HR to have its happiness maximized would require CC to behave in a certain manner, whereas on the other hand, for CC to have its happiness maximized wouldn’t require perfect HR behavior (e.g. good human rights records).

What does context dependence entail? In simple terms, it means that, in certain factual circumstances, cases, scenarios or situations climate change can affect human rights conditions, in other words, climate change can influence or otherwise have a great impact on human rights. In this sense, the human rights agenda is contextually dependent on addressing climate change, especially when the human failure.

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Intergovernmental Panel on Climate Change (IPCC) 8 in its 5th Assessment Report (2014) identified the increasing frequency of extreme weather events and natural disasters, rising sea-levels, floods, heat waves, droughts, desertification, water shortages, and the spread of tropical and vector-borne diseases as some of the adverse impacts of climate change, therefore these phenomena directly and indirectly threaten the full and effective enjoyment of a range of human rights by people throughout the world, including the rights to life, water and sanitation, food, health, housing, self9 determination, culture and development.

Indigenous peoples, and residents of small island states and Least Developed Countries, are also among those who will be the first to suffer from climate change, as emerging evidence suggests that the livelihoods and cultural identities of indigenous peoples across all regions, such as the Inuit from North America, the Sami people from the Nordic countries and the Russian Peninsula of Kola, the Massai Tribe from Africa, and Indigenous populations in Latin America, Central Asia and the Pacific Rim, are threatened by the detrimental impacts of climate change partly because their means of subsistence are highly dependent on 10 nature.

Ironically, climate change never discriminates against anybody and its effects are borne by persons and communities without taking into account their geographical location, gender, age, disability, cultural or ethnic background, race or sex. Now, whether or not climate change and human rights are friends or enemies rests upon the readers to decide. I shall reflect no more since I think I gave sufficient hints for enabling the readers to discern it.

WAKING UP? Â After having analyzed the contextual interrelatedness of the topics at hand, it would be useful to define the notion of climate change and human rights taken together. In authoritative sources it is defined as conceptual and legal framework under which international human rights and their relationship to global warming are studied, analyzed, and addressed. This framework has been employed by governments, UN organizations, intergovernmental and

Jus Humanis Journal of International Human Rights Law // December 2019

non-governmental organizations, human rights and environmental advocates, and academics to guide national and international policy on climate change under the United Nations Framework Convention on Climate Change (UNFCCC) and the core 11 international human rights instruments.

The struggle for climate justice started back in 2005, when Inuit activist and the Chair of the Inuit Circumpolar Conference Sheila Watt-Cloutier, asked Inter-American Commission on Human Rights to deliver justice on “human rights violations resulting from the impacts of global warming and climate change caused by acts and omissions of 12 the United States. "Also, in 2005 Malé Declaration on the Human Dimension of Global Climate Change unequivocally stated that climate change constituted not only an impediment for the full realization of human rights, but also “had clear and immediate implications on them.” The following year, the UN has woken up. In 2006, the UN Human Rights Council, in 2009 the Office of the United Nations High Commissioner for Human Rights (OHCHR), in 2010 the Conference of Parties to the NFCCC, as of March 2015, a Special Rapporteur on human rights and the environment, paid particular attention that lead to Paris 13 Agreement, as adopted on the 12 December 2015.

It is the first international climate change agreement, which states: “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.” International society recognized that climate change is a reality and can seriously harm the future development of our economies, societies and eco-systems worldwide, which is inducing not only ecological adjustments but is also impacting the social, economic, political, cultural and legal aspects of 14 societies around the world.

Rights, Duties and Current Approaches

The worldwide problem of climate change, if not properly addressed, might in future threaten the whole survival of the world.

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The disasters stemming from climate change are not going to be triggered by politicians and their speeches. I argue that for context dependency of climate change and human rights. A wise reader should appreciate that it is so not because I claim, but because empirical evidences provide so. The fundamental rights it threatens include the right to self-determination, the right to development, the right to food, the right to water and sanitation, the right to housing, the right to education, rights of future generations. Addressing how climate change has an impact on fundamental rights guaranteed by the relevant international treaties is an article or a book-length project, the project I can hardly undertake here. However, I will briefly sketch certain rights which are the most obvious for even average and static readers with no specific knowledge in either the climate change or human rights.

The discussion should start with the right to life.

Consider in South Asia (August 2017) 43 million people were hit by heavy monsoon rains and disastrous flooding. In Bangladesh, India and Nepal for more than 1 000 people this event had a lethal outcome. Amnesty International reports that: “Typhoon Yolanda in the Philippines claimed the lives of nearly 10,000 people in 2013. Heat stress is among the most deadly impacts. The summer heat wave in Europe in 2003 resulted in the deaths of 35,000 people. However, there are many other less visible ways that climate change threatens lives.

The World Health Organization predicts that climate change will cause 250,000 deaths per year between 2030 and 2050, due to malaria, malnutrition, diarrhea and heat stress.” The case law has started to develop in this area too.

Famously, a case of Maria Khan et al. v. Federation of Pakistan et al. argues whether the failure of Pakistan to address climate change violated the rights of women and children to a healthy environment and a climate capable of supporting 15 human life.

The right to property is also at stake. In September 2017, Hurricane Irma destroyed homes and crops in the Dominican Republic, Haiti, and 16 across other several Caribbean islands. This is maybe a reminder for transnational corporations to adopt human rights policies, conduct human rights due diligence, remedy human rights

Jus Humanis Journal of International Human Rights Law // December 2019

violations for which they are directly responsible, and work to influence other actors to respect 17 human rights.

The right to a healthy environment is also of paramount importance. In the case of Commune de Grande-Synthe v. France, it is argued that the inaction of France to undertake certain measures in order to reduce greenhouse gas emissions violates the domestic and international law, in particular the European Convention on Human Rights. In Future Generations v. Ministry of the Environment and Others, Youth plaintiffs argued that climate change and deforestation violated their fundamental rights to a healthy environment.

According to the IPCC, the major health impacts of climate change will include greater risk of injury, disease and death due to more intense heat waves and fires; increased risk of under-nutrition as a result of diminished food production in poor regions; and increased risks of food- and waterborne diseases, and vector-borne diseases.

Children exposed to traumatic events such as natural disasters, exacerbated by climate change, 18 can suffer from post-traumatic stress disorders.

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The UN call for adopting human rights based approach, which consists of mitigating climate change and preventing its negative human rights impacts, ensuring that all persons have the necessary capacity to adapt to climate change, ensuring accountability and effective remedy for human rights harms caused by climate change, mobilizing maximum available resources for sustainable, human rights-based development International cooperation, ensuring equity in climate action, guaranteeing that everyone enjoys the benefits of science and its applications, protecting human rights from business harms, guaranteeing equality and non-discrimination,19 ensuring meaningful and informed participation.

Importantly, the OHCHR report reaches several important conclusions: (1) climate change threatens the enjoyment of a broad array of human rights; (2) climate change does not, however, necessarily violate human rights law; (3) human rights law nevertheless places duties on states concerning climate change; and (4) those duties include an obligation of international cooperation, although some of these conclusions are likely to be controversial,20they are all firmly grounded in human rights law.

However, there is an ongoing discussion on whether the courts are capable of fixing climate 21 change and human rights tension. A human rights approach is always welcome as is also always proposed by UN as penultimate panacea. However, it is suggested that a human rights based approach should not be used by one to avail of bypassing the main challenge in question: treating the cause of the illness, rather than symptoms. In my opinion, this needs a complex and interdisciplinary approach, inviting scholars and scientists from different fields to come up with the relevant solution. This is not as easy as it seems.

Conclusion

I hope after reading this article readers will notice that climate change needs to be taken seriously. As demonstrated above, climate change could have a demolishing impact on the whole array of the values deeply rooted in the kinship of thema nkind.

UN actions are useful, but fragile. A more sincere cooperation and multidisciplinary approach among states is needed. Identification of the problem is a prerequisite of its solution.

The hero of this article is 16 year old Greta whose efforts made the whole world think (myself included) and to certain extent rethink again about the threats arising from the climate change. She is great example of courage fighting for the better “future” we can live in, albeit, misunderstood by many so called critics. Indeed, she is still young and has many things to think and rethink again, which I am sure she will. I hope some high officials will never DARE to use her holistic willingness, that is in fact a virtue these days, for achieving their preferred political outcomes or an agenda they have in political discourse.

As to proponents of capitalism and the free market system, as many of them understood initiating climate-change-addressing-measures nappropriately, I would respond that, taking concrete steps against combatting climate change shouldn’t be understood as diminishing the potential of the businesses and the corporations to flourish, rather, it is an overall search for the compromise of drawing a middle line between the business activity of each corporation and due diligence required for addressing climate change issues, where the multinational and transnational corporations are

Jus Humanis Journal of International Human Rights Law // December 2019

also morally bound to participate, because, climate change as such is not an issue for Mars to deal with, it equally affects them too. Ultimately, thus, we repeatedly try but fail to address the problem

of climate change. Maybe there is time to take things seriously? As it has been suggested a billion times and this article is a small contribution thereof, to make the final determination about what climate justice requires.

Lasha Lursmanashvili is a Georgian Lawyer currently attending the International Human Rights Law Master’s program (SI Scholarship Holder) at Lund University, Sweden. Lasha received his Bachelor's degree from the University of Georgia (2019). His research interests among others include: UN, European and InterAmerican Systems for Protection of Human Rights with specific focus on civil and political rights, Human Rights in the context of political, legal and moral philosophy, Human Rights and Politics and Critiques of Human Rights.

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Jus Humanis Journal of International Human Rights Law // December 2019

CHALLENGING THE CURRENT POLITICAL INTERESTS: THE POWER OF YOUNG CLIMATE ACTIVISTS Article by Arwa Mukhtar From The Hague to Berlin, over the past year, teenagers and children across the world have been marching the streets demanding change and immediate climate action. Although young people have been concerned about the climate for decades, the latest generation has been able to gain vast amount of attention, while also being 1 more vocal and coordinated. This is especially evident when looking at Greta Thunberg, a Swedish teenager, who has emerged as an influential and powerful voice in the debates surrounding the environment. Where Thunberg initially protested by herself outside of the Swedish parliament more than a year ago, she has become the face of the current climate change movement and gave a profound speech to world leaders at the United Nations Climate Action Summit in September of this year. With the way she has been able to mobilize many people, including so many young teenagers, she has become an icon in the climate change movement. As she has inspired many across the globe to strike for the environment and to demand urgent action, it could be argued that this is the social movement of today’s world.

Alongside striking and demonstrating, one of the ways that has been effective in drawing more people into the movement has been through the influence of social media. With the younger generation being social-media savvy and the power of these outlets, they have been able to attract attention from people and politicians all over the world. As a result of the youth generating all of this attention to the current issues of climate change and the immediate need for action, they been able to attract more young people into the movement.

This enabled them to voice their discontent with the status quo.

This was also the case for Greta Thunberg as she has been disdained for a child that is “mentally ill” 2 and “brainwashed”. These belittling attacks often focus on aspects such as her age and gender, however, they do not address the actual essence of what she is advocating for. This is problematic as instead of debating the current issues of climate change and the scientific evidence she speaks of, she is often personally criticised.

In spite of this, what makes Thunberg and other young climate activists significant, is that they are 3 not conventional environmentalists. The reason for this is due to the fact that they want to tackle climate change through global justice, which is when one recognizes the connection between humans and the environment, rather than promoting an agenda focusing solely on the environment. Thunberg and other young climate demonstrators also speak of issues regarding the climate which affect people gravely, often the most 4 vulnerable and marginalized.

Alongside the successes of the youth’s strikes, there has been quite some hostility and scepticism towards the young activists. This was evident when politicians and other members of older generations would question their credibility.

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Photo: AppaIoosa, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

They are making links between the environmental crisis and poverty which diverge from the current 5 international development community.

Moreover, the youth has been able to challenge the current political interest and relationships in order to push for a future which is climate-resilient, by illustrating and expressing their political agency both outside and within the traditional political 6 process. The outcome of these changes will be dispersed unevenly. This means that the most marginalized and poor groups of people, who are already affected by climate change, will experience the most risks. Despite this, also more prosperous communities will be affected by climate change, both directly and indirectly. This will become apparent through changes in extreme weather events, functioning of ecosystems and the economic and social consequences of climate 7 change.

As Thunberg and other young climate activists enter important debates surrounding the environment, they are able to raise awareness of the necessary action which is needed to take action. By engaging with climate change, they are able to oppose the current beliefs, norms and practices, including social and economic norms such as consumption and the use of fossil energy use. These issues are not only closely linked to environmental issues such as pollution and the loss of biodiversity, but also to social injustice, violence and poverty.

Hence, it is of crucial importance that the decisions and policies implemented in the current age will shape the decades to come, and the younger generation of today has a large part in the creation of this future.

Arwa Mukhtar is currently attending the Global Studies Master’s program with a major in Political Science at Lund University. Her main interests include global governance, climate change, human rights and decolonial theories.

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Jus Humanis Journal of International Human Rights Law // December 2019

CHILDREN VS. CLIMATE CRISIS AND THE COMMUNICATION AGAINST TURKEY: A BRIEF ANALYSIS Article by Serde Atalay Once an issue that attracted the attention of only a limited number of people, the climate crisis has now become an issue of general public attention.

The “controversy” over its impacts is becoming less relevant every other day, whereas a common understanding of the urgency of the situation is becoming more prominent. This change of paradigm has been pushed specifically by one interest group: children. Being the primary interest group within the context of the climate crisis, on account of the fact that the devastating effects of climate change will have its direct impact on their future, children are pushing forward the agenda of urgent action more strongly every other day. One of the most recent examples of this push has been the communication, known as “Children vs.

1 Climate Crisis”, filed by sixteen children before the Committee on the Rights of the Child (the Committee) against five countries, namely Turkey, Brazil, Argentina, France and Germany on 23 September 2019. This piece will attempt to make an analysis of this complaint with a special focus on Turkey.

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General overviewof the communication

The primary issue that needs to be clarified at the outset is the characterization of this communication in accordance with the Third Optional Protocol (the Protocol) to the Convention on the Rights of the Child (the Convention), which constitutes the legal basis of the communication.

This communication is not a lawsuit, as it is 3 mistakenly characterized in some online platforms.

This is a specific individual complaint mechanism to which international human rights law is not a stranger, since there are similar mechanisms established under various human rights treaty 4 regimes.

What fundamentally differentiates this “communication” procedure, as it is named by the Protocol, from a lawsuit is the non-binding nature of its decisions. Strictly speaking, decisions given by the Committee, having the character of “recommendations” in the case that the Committee finds a violation, are not legally 2 binding on states

Photo: Bastian Greshake Tzovaras, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

parties. This is a well-known characteristic of the treaty body practice of the United Nations(UN) in general, which separates the supervision of various UN treaty bodies from conventional lawsuits, giving these unique mechanisms a “quasi-judicial” character. The non-binding character of these decisions does not surely imply that states can act contrary to the decisions as they wish, however, acknowledgement of this fundamental difference is important in characterizing the procedure accurately.

As to the substance of the complaint, it is possible to say, as a general observation, that the complaint follows the footsteps of some recent, leading climate cases. The common trait of these cases filed against governments is their purpose, which is holding the governments to account for their inaction to fight the climate crisis and/or their direct contribution to the crisis by their actions (energy investment policies, heavy reliance on fossil fuels, etc.) and attempting to have the courts order 7 these governments to take action. Similarly, the sixteen children who filed this complaint before the Committee simply wished to guarantee an action on the part of these major carbon emitter states by resorting to the Committee, which is requested to recommend these states to take concrete action to stop worsening the climate crisis and help global efforts dedicated to fighting climate change.

The petitioners basically claim that the respondent states violated certain rights protected under the Convention by exacerbating the climate crisis. This line of argumentation is not very common in climate litigation, where domestic legal provisions are usually the main focus. Secondly, this communication before the Committee marks the first time that the Committee has been requested to examine a claim of violation of the Convention in a climate change context. The communication procedure before the Committee is already relatively new and not widely employed, having 9 taken effect in 2014. Therefore, resorting to the Committee as a means of climate action can be considered as an innovative strategy. Also, in relation to Turkey specifically, this is the first time Turkey has ever been brought before the Committee as a respondent state under the Convention and the Protocol, as far as this writer could trace back.

The rights which are claimed by the petitioners to have been violated by the respondent states are namely rights to life, health and culture enshrined in Articles 6, 24 and 30 of the Convention, respectively. The petitioners also claim a violation of Article 3 of the Convention, which embodies the principle of “best interest of the child”, a wellestablished principle of the international law of children’s rights. In examining this complaint, the Committee will first look into the admissibility of the application, namely whether it fulfils the conditions of admissibility set forth by Article 7 of the Protocol and therefore whether the Committee can examine 10 the substance of the complaint. Here, a general point of reservation is the matter of exhaustion of domestic remedies. Since the petitioners have not exhausted any domestic remedies, it is legitimately feared that this may constitute a ground for the Committee to declare the communication inadmissible. However, the strongest argument against this, one which can be expected to be accepted by the Committee, is that since there are no remedies at the domestic level that offer any real chance of success, the petitioners cannot be expected to exhaust them.

This communication, however, is unique in two respects: first of all, it is completely based on an argument of human rights violations, filed before a human rights body under the provisions of a 8 human rights treaty.

Another important procedural issue here is whether the Committee will find that the respondent states have jurisdiction with respect to the rights of the petitioners. Under the Convention, states parties are expected to guarantee the rights

This communication was brought by sixteen children who come from twelve different countries against five states which have signed and ratified 5 both the Convention and the Protocol. These states are Turkey, Argentina, Brazil, France and Germany.

The ground for this complaint is the fact that they are major carbon emitters which exacerbate the serious threat of climate change. Why the children specifically chose these countries, however, relates to more of a legally technical detail: the fact that 1 among those which signed and these states are ratified the Protocol that opens up the way for them to be complained against before the Committee, unlike some other major polluters 6 which are not parties to the Protocol.

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Photo: Roy, flickr.

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to the children under their jurisdiction (the Convention, Article 2, paragraph 1) and accordingly, they can only be subjected to a complaint by those on whom they exercise jurisdiction (the Protocol, Article 5, paragraph 1). In this communication, there are petitioners from countries that are not amongst the respondent states and although there are petitioners from Argentina, Brazil, France and Germany, there is not a child from Turkey, also a respondent state, amongst the petitioners. This situation is potentially problematic in terms of getting through the admissibility phase. At this point, however, another unique aspect of the application runs to counter this potential issue: the petitioners claim here that since these respondent states are causing effects on climate which reaches far beyond their national borders and jurisdiction, any child will fall under their jurisdiction for as long as their activities impact his/her rights. This argument is quite bold, and not very much in line with the jurisdictional understanding of international law. Whether the Committee will give credit to it remains to be seen; however, if it does, this will undoubtedly constitute a ground-breaking finding.

Upon examining the above-mentioned aspects, if the Committee finds the communication to be admissible, it will move on with examining the merits. In other words, the Committee will decide on whether there is a violation of some or all of the rights of the petitioners by the respondent states as claimed by the former. In the case that it does not find a violation, which can possibly be deemed as a lower chance considering the official 11 statements of the Committee itself, this will mark the end of the process. In the case that the Committee finds a violation, then it will proceed with making recommendations to the states arties as envisaged by Article 10, paragraph 5 of the Protocol. The impact of these recommendations will be discussed in the next section within the specific context of Turkey.

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Seeing the communication through the lens of Turkey

With its continuing insistence on investing in coal and its reluctance to keep up with the pace of the international will to fight climate change, Turkey does not strike us as a “leader” in terms of helping the planet survive this catastrophe.

As a major carbon emitter and polluter with a noteworthy impact in terms of economics and politics, the country falls significantly behind when it comes to making binding commitments to help save the planet from the climate crisis under international law. The most direct way of demonstrating this is pointing out to the simple fact that Turkey is the only G20 country which still has not ratified the Paris Agreement. As such, Turkey is also one of only ten states that remains 12 unbound by it. The reason behind Turkey’s signature but insistent non-ratification of the Agreement has to do mostly with its persistent request to be qualified as a “developing country” rather than a “developed country” in order to be given access to economic aid under the framework established by the UN Framework Convention on 13 Climate Change, which is, as it seems at face value, a purely political ground that is indicative of the Turkish Government’s lack of comprehension of the real scope and meaning of the climate crisis.

As a country which majorly contributes to the crisis while lacking a basic understanding of the issue both on a political and a societal level, Turkey’s presence as a respondent state before the Committee is at the least symbolically of great significance. Having become a party both to the Convention and the Protocol, therefore by committing itself to protecting children’s rights through both substantial and procedural guarantees under the existing UN regime of children’s rights, the country is now expected to answer sixteen children from different parts of the world to explain its role with respect to the climate crisis and lack of action in fighting it. These children’s action to remind Turkey of its role in worsening the crisis is crucial especially considering the general lack of initiative from within the country 14 itself. Not being a human rights champion in general recently, Turkey is now at a critical point where it may be remembered by future generations as one of the countries which violated the rights of children with its “contribution” to climate change. Whether the government is aware of the significance of this moment and communication is, however, controversial. It is ironic that, during the exact same UN Climate Action Summit in which the children announced their communication to the world, Turkey’s president was emphasizing the leader position of Turkey in its region in terms of investing in

Jus Humanis Journal of International Human Rights Law // December 2019

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renewable energy. The fondness of coal, however, seems to have gone unmentioned and, when we turn to reality, Turkey’s contribution to the current level of carbon emissions shows us a very different picture. The fact that the country does not really have a well-structured national climate action plan containing sincere and effective commitments, on account of not being a party to the Paris Agreement, undercuts any argument put forward by the officials who try to change the image of the country in global climate talks.

Currently there are no climate cases, within the meaning ascribed to the term above, filed in Turkey against the Turkish government on account of a lack of action with a view to holding it to account.

Although there are numerous environmental cases which usually form an integral part of ongoing environmental movements in different regions of the country, this writer argues that they do not exactly fall under the definition of a “climate case” as we understand the term today; although the contribution of certain legal fights related to the shutdown of coal plants must be acknowledged for their significant role in fighting the increase of carbon emissions. In relation to this, it is clear that it is not possible to talk about a case as such which is focused specifically on human rights arguments within this framework. Put into this context, the significance of the communication before the Committee is much better understood, for this will mark the first time the Turkish government will be required, in an international context, to “defend” itself in a situation which does not strike one as very defensible.

At this point, it is a must to go back to the issue of the non-binding character of the decisions of the Committee for assessing the impacts of a potential decision of violation. As described above, in such a scenario, the Committee will address recommendations to Turkey to remedy the existing violations. Although the content of such recommendations cannot be foreseen, it is a possibility that the Committee willfollow the petitioners’ request and recommend Turkey to take concrete action to stop the climate crisis. The question is, what will be the impact or significance of such a recommendation, if any, given the fact that Turkey will not be “bound” by it?

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Photo: Arne Hoel / World Bank, flickr.

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This is a critical question couched in legal terms but to which the answer is a political one. The answer is closely related to the adherence of the country to international law and international human rights standards and the political will at fighting the climate crisis, both of which are huge policy considerations. Here, we are once again faced with a major shortcoming of the UN treaty body mechanisms. No matter how symbolically significant and groundbreaking such communications may be, as long as their impact is illusory rather than having results which are concretized through the political will of individual states, potentially rule changing attempts such as this one always risk creating an unsatisfactory outcome in the end. This observation is of particular importance when it comes to countries like Turkey, where adherence to international standards and

the implementation “culture” are still matters of serious difficulty.

Conclusion

As historically significant as Children vs. Climate Crisis may be, whether it will remain symbolic or achieve concrete success capable of bringing about change in the specific case of Turkey remains to be seen. However, it is possible to claim that through the context of Turkey, this communication has a potential of at least answering one important question: Will this case be another indicator of the UN’s inadequacy in terms of responding to claims of human rights violations, this time within the specific context of the climate crisis, or will it provide the climate movement with powerful equipment for the future?

Serde Atalay is an attorney from Turkey who has been involved with civil society there for the last two years and she mainly focuses on creating a climate litigation agenda in her country. She is working with Ekoloji Kolektifi Derneği from Ankara, Turkey within this framework. Serde is currently based in Lund, Sweden, where she is pursuing a master's degree in International Human Rights Law programme. Her aim is to concentrate on climate litigation with a human rights-based approach.

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Jus Humanis Journal of International Human Rights Law // December 2019

DISPLACEMENT BY CLIMATE CHANGE: LEGAL STATUS OR MITIGATION AND ADAPTATION? Article by Inky Vos In their latest report, the IPCC ( Intergovernmental Panel on Climate Change) identified that extreme weather events induced by climate change will lead1 to an increased amount of people being displaced.

Direct links between climate change and displacement are difficult to establish, however, there is increased consensus that environmental migrants are a reality in some parts of the world, and will play an even bigger role in the future.

Sadly, there seems to be limited solutions and effort to address this crisis.

The problem for these migrants is that there is still no internationally accepted definition, so it is difficult to use the right terminology. The term ‘environmental refugee’ is often used, but experts disagree with it. In the 1951 Refugee Convention, the definition of ‘refugee’ is an individual that crosses a state border “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a 2 particular social group or political opinion”.

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While refugees have been internationally defined in terms of rights and responsibilities of States, people displaced by climate change do not fall under this description, leaving hem without protection. Additionally, most climate change induced displacement is internal and not across borders, which does not seem to be addressed in the definition of the Refugee Convention.

Another difficulty is identifying what the real incentive was to move. These drivers can be split up into the macro, micro and mes o-levelas described by Castelli in his recent paper on drivers 3 of migration, depicted in the figure below. It shows the complexity of the issue, and if the migration was actually climate induced, there can still be many interlinked drivers where climate change could play a direct or indirect role, and it does not necessarily have to fall under the environmental macro level.

For example, climate change can also affect disease prevalence in case of airborne diseases that are

Photo: Curt Carnemark / World Bank, flickr.

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Drivers of migration and their connections. Image from Francesco Castelli, 2018

exacerbated through climate change, or a (resource) conflict that is caused by climate change.

Every case of migration is different, and can involve one or multiple of these factors that lead to the final decision to migrate or stay.

Another devastating factor that comes into play when talking about climate migration is inequality in terms of vulnerability. The people that are most susceptible to changes in their environment and might have to move because of this reason, have the least ability to do so, since the general low well5 being is holding them back. This exacerbates the problem of inequality. It is worth it to mention and not forget intersectionality for this issue, as women, indigenous peoples and people from the lower class are the most affected in migration events in all layers of society.

It has been found that Island states will be hit the 6 most by climate change, and the case of New Zealand and the Pacific Islands is an interesting one and an example of state intervention in migration induced by climate change. There are already several peoples in the Pacific Islands that have felt the need to migrate, for example from Tuvalu, Kiribati, and the Marshall Islands. New Zealand has applied current refugee law, and aids islanders by 7 offering a certain amount of visas.

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However, there is local reluctance to adopt the refugee narrative, as they do not want to be victimized. People want to stay where they are and want their livelihood and culture secured6. Thus, even though it is not impossible to work within the current law, this does not seem to be the preferred option.

So what to do?

In the current legal system, it seems impossible to hold someone responsible for the cause of migration. We are not able to sue the climate, or a specific flood. What about who is to blame for climate change in the first place? It seems to be too far-fetched and impossible to sue anyone for it at this moment. However, since we have seen the possibilities of suing a State already in the 8 Netherlands, could it be possible to hold a State responsible for their citizens that are forced to migrate due to climate related issues due to their lack of mitigation and adaptation, and negligence in protecting its citizens? Of course this depends on the issue, but this does not seem completely unreasonable for cases of inequality and migration induced by climate change within States. This will of course depend on legal systems in place, but since the urgency for a solution is high, it can be an option to be explored by individuals, groups, peoples or NGO’s. Â

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Climate change will affect everyone, and migration is headed towards becoming a large issue worldwide. Since we are not able to hold water responsible for destroying someone’s livelihood and the legal system seems too complex, all States should start to take more responsibility collectively.

Our world is changing, we must change with it. The first step is to work together on an international agreement. It would be worth it to further explore the options of a Climate Change Displacement 9 Coordination Facility as proposed at COP21. Giving people in this situation the opportunity to be defined in the legal world and to have an ability to earn a better livelihood may not be adequate.

Yes, we need a legal framework, but we also need to stop climate change now and adapt as much as possible so these people can stay and live their normal lives. We need to work together on mitigation and adaptation strategies, and protect where we can. This is difficult, as every case is unique and will need specific measures, but we need to take responsibility now and use the ability to help struggling people and States. The amount of people displaced due to climate change that humans created together will only increase, and this is again more evidence that we have to act yesterday rather than tomorrow!

Inky Vos is a master’s student at Lund University, finishing her degree in Environmental Studies and Sustainability Science. Her research interests lie within the fields of gender, sustainable development, and climate change, and their interactions with politics.

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Jus Humanis Journal of International Human Rights Law // December 2019

THE URGENDA CLIMATE CASE: A REVOLUTIONARY HUMAN RIGHTS-BASED APPROACH TO STATE RESPONSIBILITY FOR INADEQUATE CLIMATE ACTION? Article by Kim de Bruijn Before the end of 2019, the Supreme Court of the Netherlands will give its ruling on a climate case that has caught widespread international attention.

This case is the Urgenda climate case. In its preceding judgement, the Dutch Court of Appeal has chosen an approach to the applicability of the European Convention on Human Rights that even the Human Rights Court in Strasbourg has not yet taken. And the State Procurator-General and the Advocate-General at the Supreme Court have written an independent advisory opinion in which they agree with the approach taken by the Court of Appeal.

What will the judgment of the Supreme Court, if they follow the Court of Appeal, mean for the international community and for future climate litigation? What are the possibilities of such an approach, and what are the challenges?

Background of the Urgenda-case States may have the right intentions towards the climate, but this also requires adequate climate action. Such action is time-consuming and a burden on the national economy, resulting in States not doing as much as might be necessary for

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certain climate targets to be met. This lack of climate action has by now become a worldwide concern. One organisation that has successfully started proceedings to pressure a State to act, is the Dutch Urgenda Foundation. Urgenda started a litigation procedure in 2012 against the State of the Netherlands. They claimed that if the State would not start to invest in mitigating their greenhouse gas emissions (GHG-emissions), this would result in a violation of the State’s duty of care pursuant to the right to life of Article 2 of the European Convention on Human Rights (ECHR) and the right to private and family life as laid down in Article 8 of this Convention.

In support of its claim, the foundation presented a vast amount of expert reports with regard to the current risks of climate change. In the authoritative expert reports of the United Nations Intergovernmental Panel on Climate Change (IPCC), and in particular its Fourth Assessment Report of 1 2007, the maximum rise in global temperatures, in comparison to the pre-industrial era, should not o exceed 1.5 to 2.0 C in 2100. In this same report, it was concluded that the industrialized countries, socalled Annex I-countries, should thus realize a reduction of 25 to 40 per cent in 2020 compared

Photo: Urgenda / Chantal Bekker.

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to 1990 in order to remain well below these temperature rises.

It is clear that, in the pace the temperatures are currently rising, drastic and immediate action needs to be taken to mitigate GHG-emissions.

Otherwise, the risk of exceeding these safe temperature-rises in the next decades is likely, risking people’s future lives, health and well-being.

However, following a 2013 report of the United Nations Environment Program (UNEP), the Annex Icountries are not taking enough action and thus are failing to fulfil these mitigation targets.

The Netherlands is such an Annex-I country and a party to the United Nations Framework Convention on Climate Change of 1992 (UN Climate Convention) and has agreed, in the 2015 Paris Climate Accords, to take action for climate mitigation in order to prevent further global temperature rises. Until 2011, the State had a reduction target of 30 per cent in 2020 compared to 1990. In a letter of 2009, the Minister of Housing, Spatial Planning and the Environment even explicitly stated that the reduction of 25 to 40 per cent was necessary in order to stay on a credible o track to keep the 2 C within objective reach.

However, in line with the aforementioned conclusions of UNEP, the Dutch State’s climate policy and outcomes were, and are, not in line with these international commitments. The State did not turn its words into deeds and after 2011, it lowered this target to 20 per cent in line with EUregulations. In 2017, the State’s emissions were reported only to have been lowered by 13 per cent compared to 1990.

The Judgment of the Dutch Court of Appeal In its 2018 judgment, the Dutch Court of Appeal decided to follow, in line with the complaints of the Urgenda Foundation, a human rights-based approach in which it ordered the Dutch State to lower its GHG-emissions by at least 25 per cent by the end of 2020 compared to the 1990 base year, under penalty of a violation of the rights to life and respect for private and family 2 life as provided by Articles 2 and 8 of the ECHR. The Court of Appeal concluded that, even though human rights may not yet have been practically 22

interfered with, the real and imminent risk of a violation of these rights in the foreseeable future resulted, as soon as the State had knowledge of such a risk, in a State’s positive duty of care to take preventive measures against it.

The revolutionary aspect of this judgment is that the Dutch court concluded a proactive violation of these human rights. In other words, to offer human rights protection to future victims (of the current generation) within the jurisdiction of the Netherlands as a result of the worldwide global warming consequences to which the Netherlands contributes. Such an approach is unprecedented.

Even the European Court of Human Rights (ECtHR) has not taken such point of view. The ECtHR has found violations of the rights of Articles 2 and 8 ECHR with regard to the environment, only when either victims had already fallen, or if the harm was caused within a demarcated area. It has not found a violation to future harm, on a global scale, and without a clear causal link to the acts of the responsible State.

Consequently, in disagreement with the judgment, the Dutch State has lodged an appeal in cassation at the Supreme Court, where the case is currently pending. The State’s main complaints with regard to the substantive applicability of Articles 2 and 8 of the ECHR are firstly, that the Court of Appeal has failed to specify the actual risks and consequences within the jurisdiction of the Netherlands, but has instead only sketched the general risks worldwide and/or in Western Europe. Secondly, the State complains that the Court of Appeal has failed to identify who would be the victims, having in mind that it cannot reasonably be expected that the State needs to take measures to protect every individual within the Dutch jurisdiction against the consequences of climate change. Thirdly, the State complained that the court failed to address that the risk was real and immediate.

The independent advisory opinion to the Supreme Court In September 2019, following the appeal in cassation, the State Procurator-General (PG) and an Advocate-General (AG) published an independent advisory opinion in which they agreed with the human rights-based approach as taken in the 2018 3 judgment.

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For the purpose of clarity, the PG and the AG are experienced, independent experts with the main task to write advisory opinions. They are part of the Procurator General’s office of the Supreme Court (het Parket bij de Hoge Raad).

If the national authorities do not follow their own national rules or if they cannot properly justify their own policies, the margin of appreciation becomes smaller and the court can be stricter in its assessment.

By examining ECHR case-law, even though no case at the ECtHR can provide a clear-cut answer for this legal question, the PG and AG concluded firstly that current jurisprudence provides proper points of departure towards the acceptance of ‘potential victims’ or ‘inevitable victims’ as victims under the scope of Article 34 of the ECHR. Thus, the preventive protection would also be guaranteed by the ECHR in procedural terms. Secondly, they concluded that the State can be considered to have a duty of care towards the ‘general protection of society’ with regard to the right to life and the right to private and family life, and not only towards specific, individual victims that can be identified beforehand. Thirdly, they concluded that the margin of appreciation afforded to States in deciding upon their climate policies is not absolute or without limits and that it is important to assess whether these policies are consistent, reliable and in accordance with domestic laws and regulations.

Lastly, and very interesting for the human rightsbased approach, in order to determine the law, the PG and AG applied the so-called ‘common-ground method’ of the ECtHR. This method entails that, when current law does not provide a crystal-clear answer, support can be sought for through ‘soft law’ and non-ratified conventions and through an assessment of commonly held views between different States and in an international context in general.

By applying this common-ground method in an environmental context, the PG and AG took into account several principles of international law, the Kyoto Protocol, the Paris Climate Accord, statements from the UN High Commissioner for Human Rights, UNEP reports, the Leghari-judgment from the Lahore High Court of Pakistan of 2015 and doctrine. After an assessment of these international sources, they then concluded that

Photo: Bas Kijzers.

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there is a common ground to find that the State, based on human rights, has a duty of care and thus can be ordered to seriously lower the GHGemissions from their own territory.

These international sources do not elaborate on the specific time-period and the degree to which this should happen. However, the PG and the AG concluded that the Court of Appeal reasonably based its judgement, in which it ordered for a 25 per cent reduction, on the reports of the IPCC (the Fourth and Fifth Assessment Reports, respectively of 2007 and 2014) and the decisions of the Conference of Parties as mandated by the UN Climate Convention, as well as on former government policy and statements of the Dutch authorities itself.

In short, the State Procurator-General and the Advocate-General advised the Supreme Court to uphold the judgment of the Court of Appeal. In their concluding remarks, however, they did recognize that, given the novelty of this case and the lack of precedents, the Supreme Court could come to another conclusion.

An analysis of this case The date is set for the case to receive a final answer. Around the time this journal will be published, on 20 December 2019, the Supreme Court will give its ruling. And regardless of the positive advisory opinion, the outcome is still to be seen. If the Supreme Court decides to follow the judgement of the Court of Appeal, this can be revolutionary for future litigation regarding human rights and the environment. It will provide a basis for the overarching global problem of climate change, that seems to lack legal possibilities for invoking State responsibility.

The Dutch courts have, so far, bravely taken a pioneering role in this matter and with all the international attention the case has received, it will hopefully result in other States taking this Urgenda Climate Case as an example.

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That said, the approach taken by the Court of Appeal has not been left uncriticised. In line with the arguments of the State, some scholars argue that human rights are not designed to be applied in climate-related cases, due to the inability to specify the potential, individual victims and the

4 transnational impact of GHG-emissions. As discussed before, jurisprudence does not yet provide a basis to answer to this transnationality; extraterritoriality of causation; and the approach towards a generalised concept of ‘victims’. When it comes to holding States responsible under international human rights law, this liability traditionally has to be based on a specific group of rights holders and within a specific territory or jurisdiction. Holding a State responsible for a failure to mitigate GHG-emissions to the general public – hypothetically the entire world – and without requiring proof of a specific causal link to that country, would then not be in line with traditional human rights law.

Other scholars argue that such a strict causality is not necessary for State liability. If all States are joint violators of human rights, they can also cumulatively be held responsible. The exact culpability would then be dependent on the relative contribution of States to the global GHG-emissions.

However, this does not cover all requirements leading to State responsibility. It still has to be proven that the State made a substantial contribution to the global GHG-emissions which in its turn will lead to the harm. And given the possible lack of knowledge in the past with regard to the harmful effects of GHG-emissions and the slow entering into the atmosphere of CO2, there are some barriers when it comes to proving this.

Many more pro and contra arguments could be given, but the approach taken by the Court of Appeal is a step towards proving that a human rights-based approach towards climate change may be workable. However, as discussed before, it does ask for a certain level of flexibility in the reading of ECtHR jurisprudence and besides that, the ‘common ground method’ is a daring technique to apply. All in all, there is not yet one right answer to this case. But then again, to answer to a novelty requires creativity.

What is slightly disappointing, is that the Supreme Court has not requested an advisory opinion of the European Court of Human Rights on the basis of the recently entered into force sixteenth ECHR Protocol. Even though the order is set for the end of 2020 and the Supreme Court is logically bound to come to a ruling within a strict timeframe, this case and the arising legal questions would have been very suitable to pose at the ECtHR.

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Such an advisory opinion could, at least for other European countries, offer a more uniform voice on the matter, which in its turn could provide a more accessible, international legal basis for other States to follow.

With the climate rapidly changing, to find ways to compel States to take action to lower their GHGemissions may be costly and may not save the world instantly. However, every little step towards a greener, healthier environment is a good step.

Concluding remarks

It cannot be left unsaid that the recognition of environmental rights as human rights in the broader context of preventive protection against climate change is a daring, but courageous choice.

Even though this specific approach is novel and not left undisputed, the proactiveness of the court can and should be applauded.

The ruling of the Supreme Court will be given before the end of this year, on 20 December 2019.

But, regardless of its outcome, this is already a landmark case. The Netherlands has, once again, taken up the pioneering role in human rights litigation. The case has been picked up by the public, scholars, ministries and politicians worldwide and will hopefully be an example for other States to follow.

Kim de Bruijn is currently finishing an LL.M. in International Human Rights Law at Lund University. She has worked as a legal trainee at the European Court of Human Rights and has specialised in European Human Rights Law. Her current research focuses on the possibilities and challenges of the human rights based approach in a broader climate context. The Urgenda climate case forms the basis thereof.

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Jus Humanis Journal of International Human Rights Law // December 2019

“NATURAL” OR MAN-MADE DISASTER? CLIMATE CHANGE, SOCIAL JUSTICE AND VULNERABILITY Article by Rasmus Björklund Natural disasters are fundamentally natural hazards. Natural hazards occur in our ecosystems, be it earthquakes, tsunamis, droughts, or forest fires. Natural hazards only become disasters when humans are affected. When a disaster strikes, the strength of our society is tested and people in it suffer depending on how vulnerable their life situation is.

Man-made natural disasters can then be described as natural disasters caused or accelerated by human carelessness towards nature. The climate crisis that we face is thus in itself a man-made disaster. A man-made disaster can of course also be something that wouldn’t be related to a naturally occurring phenomenon, such as dumping of toxic waste in marginalized areas water supply, or the capsize of an oil-tanker out at sea.

Both natural and man-made disasters tend to affect the most vulnerable people in society.

People’s vulnerability is usually related to their social class, wealth, ethnicity, gender, religion, or even the interest of those in power. The same people unfortunately also tend to be the ones living outside the limits of society. In many cases where a natural disaster affecting vulnerable groups of people is man-made, they will find it very hard to achieve any sense of justice for what has happened to them.

When thinking about climate change, social justice, and vulnerability, we must also realize that the areas who will face the fastest changes are those in the “global south”. The global south is usually defined as the southern part of the hemisphere, 1 similar to the definition of developing countries.

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The disaster that I will take as an example looks at how poor preparations can in fact escalate the impact of a natural disaster, in this case an earthquake, which would be seen as more natural and unpredictable compared to other ones such as a drought or a forest fire. How does this example fit into the discourse of social justice?

Photo: Nenad Stojkovic, flickr.

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Social Justice is a complicated and controversial phrase that like many other words holds a certain power connection to it. It basically describes the relationship between the individual and society, and how justice is assured between the two. Social justice would mean the equal distribution of wealth, opportunity and social privileges. The reason social justice is a contended word is because of different forces’ interest in mapping who would be included or excluded within the range of social justice.

Different governments have different views on to who and how much social justice should be distributed. Here’s an example looking at the historical evolution in USA and Sweden. In Sweden, the goal of equality in society was to bring everybody down to a same level of privilege. The aristocracy was to lose their privileges, becoming more like the common man, and have the same opportunities in life and the same responsibilities to the state. In the US, the goal was rather to raise everybody’s privilege to that of the aristocracy, minimalizing the people’s responsibilities to the state and vice versa. Depending then on how a nation defines social justice, the relation between individual and state, guides implementation of policies on social justice. How the government handles disasters are thus also directly related to 2 their definition of social justice.

The 2008 Sichuan earthquake resulted in the death of almost 70000 people, injuries were in the 300thousands and the amount of people rendered homeless estimated from four to ten million, not to mention the economic loss inflicted. The amount of aid poured into relief funding from the Chinese government was unprecedented, promising a total rebuilding of the affected area, and the recovery that followed is today hailed as a miracle within the Chinese state government discourse (and by many other sources as well).

The idea of reimbursement for the affected people were based on making the information about reimbursement for people victims who suffered as transparent as possible. People who lost their way of income, housing or business would be reimbursed with 10 RMB and around 500g of processed grain (approx. 1.4$ in 2008) and around 500g of processed grain a day.

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People suffering from disabilities or older and single older people could receive twice the amount and the government had a campaign to make sure that the distribution would be as equal as possible.

Discrimination was to be made impossible and 3 focus was on “just” distribution. However, one public scandal of this natural disaster was the around 5000 schoolchildren perished when their classrooms caved in during the earthquake. These infamous schoolhouses came to be called the “tofu-dregs schoolhouses” coined by former premier Zhu Rongyi on a state visit. Tofu-dregs is the soggy remnants left after the process of tofumaking and thus became a suitable term to describe these easy-to-collapse deathtraps. The grieving mothers who wanted answers as to why and how the construction of these insecure buildings could have been approved, were met with a different tone, praising the success of the now ongoing reconstruction, and ignoring their pleas for investigations of officials and building contractors who might be held responsible. Sorace describes this as the fundamental power of the Chinese government’s hold over public discourse, and it’s an interesting way of looking at the rights available to disaster victims.

Patriotic citizens need to protect their discursive rights, and “tell China’s stories well” He concludes that “Those who tell a different story have no such 4 rights.”

The example raised within the Sichuan earthquake isn’t a typical example of how marginalized people without formal rights are excluded from the responsibilities of their government, but rather how the discourse around a disaster and those who try to claim their rights to justice can be overlooked and even repressed to fit a government’s vision of success. It should however be noted, that while the emotional trauma probably still exists for the people who lost their children, most of the people directly affected by the earthquake agreed that the way the central government handled the aftermath was positive. This shows that in an authoritarian state where legal institutions are weak, government accountability is hard to achieve, and media is state monopolized to fit the ruling elite.

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Thus, the borders of justice can narrow or expand around certain parts of society in an instant. Being a country who will suffer more than our Western countries from climate change, similar events could occur, and other groups of people could suffer.

Would this then be classified as a natural or manmade disaster? Regardless of how you see it, I think the important lesson when looking at climate change and social justice is to realize that the people who are most vulnerable in society, whether

it’s because of exclusion or exploitation, suffer most from this man-made disasters. Natural disasters will increasingly be classified as manmade disasters, and the people who suffer the most are always located in the global South. That is the people and Nations, who historically have been the Western world’s access to natural resources and cheap labour, for our own development purposes. By achieving this development, we have now put us all in this dire situation where the same people suffer.

Rasmus BjĂśrklund is a second-year master student in the Asia studies program at Lund University. In his bachelor he studied Chinese and saw this program as a suitable continuation to focus on his studies and future academic career around Asia. Now he is studying the course on social justice. With the broad knowledge of Asia, he wishes to inspire more people to choose the region for further study.

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Jus Humanis Journal of International Human Rights Law // December 2019

STATEHOOD, SOVEREIGNTY, CLIMATE CHANGE: THE CASE OF SMALL ISLAND DEVELOPING STATES Article by Jakub Masri The global average sea level rose by almost 20 cm since 1901 till 2010 and future projections estimate a further increase between 10 and 15 cm by 2030, 1 18 and 30 cm by 2050, and 41 and 88 cm by 2100.

As the world’s shores slowly go under water, coastal countries are presented with the challenge of relocating the coastline population and defending their maritime zones. It is estimated that globally the livelihoods of some 162 million people are threatened by the rising sea level, with 73 million of them in China, 26 million in Bangladesh, 2 12 million in Egypt, and 20 million in India. Even though these are tragic developments, the coastal countries still have the possibility to move their population further inland, whereas the Small Island Developing States (SIDS) in the pacific do not have 3 such luxury.

Two of Kiribati’s islands already disappeared beneath the ocean waves before the turn of the millennium and many more islands are now facing the same fate. Tuvalu, an island nation with the population of 12,000, could become uninhabitable within a 50 year-period, followed by the Maldives, 4 the Marshall Islands, Kiribati, and Tokelau. Although most widely discussed, the sea level rise is not the only existential threat that SIDS encounter. The hurricanes in both Atlantic and Pacific have dramatically increased in intensity in the last 50 5 years. Livelihoods are also threatened by a higher risk of inundation, erosion, water contamination, 6 and changes in sediment deposition patterns.

Besides that, SIDS are also very scarce on natural resources and the Gross Domestic Product (GDP) per capita is as little as US$800. They tend to be heavily reliant on economic activities highly interlinked with environmental context such as fishing, 7 agriculture, and tourism, and already they are struggling with depleted fish stocks, dwindling 8 freshwater supplies, and degraded reefs.

Additionally, they remain extremely dependent on imports and foreign aid. These sources are, however, also drying up.

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According to the United Nations Small Island Development Unit, the development aid for SIDS went down from US$2.3 billion in 1995 to US$1.7 9 billion in 2005. This makes the SIDS particularly vulnerable to the socio-economic consequences of climate change. Extreme weather events and sea level rise can bring along increased mortality rates, diseases, damages to infrastructure, destruction of arable land, contamination of fresh water, loss of livelihoods, loss of sources of income, displacement, and in the event that a state’s territory becomes uninhabitable, the loss of political 10 sovereignty.

Statehood When islands go under water or the living conditions simply become unbearable, forcing the population to emigrate, the notion of statehood in the current international legal system is put to test.

The most relevant legal instrument on the definition of statehood is the Montevideo Convention on the Rights and Duties of States 11 (1933). Article 1 of the Montevideo Convention sets out the criteria for statehood as being: permanent population, defined territory, effective government, and the capacity to enter into relations with other states. According to Crawford, Montevideo criteria are “based on the principle of effectiveness among 12 territorial units”. In other words, those criteria define statehood because they characterize the very minimum that is required for effective control.

The Montevideo Convention only sets out requirements that deal with the issue of State creation and not with what it takes to continue to be one.

Therefore, the precise moment when a State ceases to be regarded as State is not clear. Loss of one or more of the criteria for statehood does not 13 necessarily result in State extinction.

States have endured numerous perils and still refuse to vanish. As Crawford asserts: “there is a strong presumption against the extinction of States 14 once firmly established”.

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Photo: Hans Juul Hansen, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

Indeed, since 1945 States have been voluntarily dissolved at very few occasions and involuntary extinction has not even occurred. Despite the fact, that the definition of statehood, as set out in the Montevideo Convention, is widely accepted and regarded as part of the international customary law, there are some inconsistencies regarding this definition. Particularly the continuing recognition of 15 failed States in the international law.

Nevertheless, SIDS risk losing practically all the criteria for statehood which puts them into espe16 cially precarious position. Whilst one could base the justification for the continuing recognition of failed States on the principle of temporality, the same justification cannot be made for the SIDS. Once the island disappears, the population and 17 government are forever exiled. At the same time, it is not to be expected that the SIDS will be too willing to give up on their claims to statehood, and as State practice suggests, the international community would be inclined to accept the maintenance of the status quo and recognize statehood, even where the recognition goes contrary to 18 the actual state of affairs. The following paragraphs describe different approaches to maintaining State sovereignty after the territory has been rendered uninhabitable or was completely lost due to the rising sea levels.

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Scenarios: 1. Land acquisition For the purpose of meeting the territorial requirement and retaining statehood, island States could acquire land from another State by the means of purchase – as was the case with Alaska or a treaty of cession. Indeed, such a course of action would not be totally unprecedented. In 1870s, after a disastrous volcanic eruption that crippled Iceland’s economy, the bulk of the Icelandic population had to be relocated to Canada. The Icelanders were granted land, funding, logistical assistance etc., but most importantly, they and their descendants were entitled to both Icelandic and Canadian citizenship. The settlers would elect government from among themselves, thereby ensuring their independence from the host-state, until it was eventually incorporated into 19 the whole of Canada. Nevertheless, as can be seen from the process of creation and dissolution, this settlement was never a sovereign equivalent to 20 Canada. Former president of Maldives, Mohamed Nasheed, was very eager to buy off land in India or Australia and create a safe haven for the Maldivian 21 people. However, it is very difficult to envisage a 22 State readily ceding part of its territory.

Another possibility would be leasing a land, which is

Photo: Marc Biarnès, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

well-accepted practice, especially when it comes to 23 land-locked States gaining access to the sea. Indonesia, for example, contemplates leasing a portion 24 of its islands to climate refugees. Nevertheless, the degree of sovereignty that SIDS might retain under such an arrangement is unclear. McAdam points out: Theoretically, too, it would be possible for one State to ‘lease’ territory from another, although one might query the extent to which power could then be freely exercised sufficiently to meet the other requirements of statehood in such a case: while a State might be afforded jurisdiction over that territory, it would not be unencumbered by the ‘landlord’ State’s territorial jurisdiction unless 25 expressly obtained from the previous sovereign.

Irrespective of statehood recognition, many Tuvaluans and i-Kiribati are actually more concerned with the preservation of values like 26 home, community, identity and culture.

2. Government in Exile Once a State is established there is a strong presumption for its continuity, even where the 27 government has been rendered largely ineffective.

It is true that governments in exile are most likely to be instituted in the instances of belligerent occupation or illegal annexation and that they are envisaged to serve as a temporary measure until it is possible for the government to retake the 28 authority over its territory and population. In other words, there is a precedent for State endurance despite a temporal lack of effective control.

However, when the loss of territory, and the displacement of the population becomes a permanent phenomenon - moreover, caused by environmental disruptions - as is in fact the case for some of the SIDS, then29it would be an entirely unprecedented situation.

When government operates in exile, the effective government criterion for statehood is likely to be challenged because of the 30 government’s dependency on the host State. For the government in exile to qualify as legitimate, there must be a certain degree of31independence from the host State’s jurisdiction.

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While having limited powers, there are still functions that can be performed by the government without authoritative territorial control. Charles Maurice de Talleyrand-Périgord was a French Foreign Minister who wrote “A sovereign whose States are conquered … by the conquest only loses de facto possession and consequently retains the right to do everything that 32 does not require that possession”.

Governmental functions that have been performed while in exile include (among others) treaty-making, maintaining diplomatic relations, jurisdiction over nationals etc. and particularly relevant to the circumstances of climate change is the exercise of diplomatic protection, which includes the provision of passports and identity documents to prevent 33 nationals from being treated as stateless persons.

If the government in exile were able to retain control over crucial governmental functions and preserve its independence from the host State, the effectivity of such government could remain intact.

Kälin asserts that it is not to be expected from any UN member state - moreover, from the SIDS, that acquired their statehood quite recently - to be willing to surrender their claim to statehood and withdraw from the community of nations and with the State practice supporting the principle of status quo within the international community, island states could possibly retain statehood in the form 34 of government in exile.

3. Deterritorialized Entity After the loss of territory, displacement of population and the challenged legitimacy of government, many States may decide to stop recognizing the island nations as sovereign States.

Nevertheless, even in the event of disintegrating diplomatic relations, SIDS could still preserve their sovereignty in a form of deterritorialized entity.

Such a devolution would not be entirely unpre35 cedented. At this point it is important to refer to the Sovereign Order of the Military Hospitaller Order of St John of Jerusalem, of Rhodes and of Malta (also known as the Order of St John or the Knights of Malta). Once the Order of Malta met all the criteria for statehood, but after having been expelled from Malta by the French in 1798 it lost its remaining territorial base.

Jus Humanis Journal of International Human Rights Law // December 2019

After suffering this terrible blow, the Order was deprived of effective leadership for nearly a century. Despite that, the Order of Malta continued in its altruistic mission and is still active today.

Throughout its existence it managed to maintain diplomatic relations with multiple countries and 36 preserve its sovereignty to some extent. A similar example would be the so-called Papal See, which was annexed by Italy in 1870. It remained a State despite having no territory until 1923, when it was bestowed upon the authority over Vatican City in 37 the Lateran Treaties of 1929. Also, entities like Taiwan or European Union are recognized as subjects to international law, despite not meeting the criteria for statehood. For island nations, existing as a deterritorialized entity is a possible solution for retaining some level of sovereignty.

Rayfus considers deterritorialized entity functioning as a government or authority freely elected by registered voters, that would serve as “a trustee of the assets of the state for the benefit of its citizens 38 wherever they might now be located”. On the international level, the deterritorialized State would continue to be represented by an elected authority, which would defend the rights and interests of its subjects in relation to their host State. Rights such as, the right to maintain their original personal, cultural and linguistic values, and hereditary rights to citizenship while at the same time being granted 39 the citizenship of the host State.

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4. Dissolution, Merger, Self-governing Territory It is of course also possible that the island States go extinct even though extinction under international law is associated with there being a direct successor to the prior State’s territory. Conventional ways in which States become extinct are extinction by voluntary absorption, extinction by merger, extinction by voluntary dissolution, and extinction by 40 involuntary dissolution. In the context of disappearing states, merger with an already existent state could take shape of a certain type of federation, this way the island State population would be 41 physically resettled to another State. Maritime zones would remain but would now be under the jurisdiction of the state that is consenting to the receiving of island state’s population on its territory.

Within the newly forged federation, international human rights and rights to internal self-determination would secure the adequate protection for the newly relocated people. At the international level, however, the relocated population would be represented by their host state, which would also possess the sovereignty to exploit the island state’s 42 maritime zones. Either way, such large-scale absorptions are not necessarily appealing to States on the receiving end. As exemplary case may serve the down-right refusal of Australia to take in the population of Tuvalu in the event of inundation, or the somewhat more accommodating approach of New Zealand, that agreed to an immigration plan for relocation of a limited number of Tuvaluans every 43 year.

Photo: Asian Development Bank, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

A different option for island states’ detachment from fully-fledged statehood would be selfgovernance in free association with another State.

This model is already historically rooted within Pacific as both Cook Islands and Niue are in such a 44 relationship vis-à-vis New Zealand. Principle VII in General Assembly Resolution defining the three options for self-determination stipulates that this model should strive for the “preservation of individuality and the cultural characteristics of the territory and its peoples’ and confers on them the right to determine its internal constitution without outside interference’ while certain functions (such as defence) 45 are carried out by another State”. Cook Islands and Niue have their own governments and parliaments with full executive and legislative powers. It was agreed that inhabitants of these self-governing territories will be registered as citizens of New Zealand, providing them with the possibility to migrate to New Zealand. For the population of SIDS, this may very well prove to be the best alternative to full statehood. Many Tuvaluans and iKiribati are far more concerned with the preservation of their home as a sense of community, identity and culture, rather than with the continuation of a State as an actor in international law.

In the system of self-governing territories, they 46 would be able to achieve just that.

Conclusion and Discussion The very existence of some SIDS is threatened by climate change. Even though the rising sea levels are going to be the ultimate culprit for the actual disappearance of territory, other events that are closely linked to climate change are likely to render the land uninhabitable long before the submersion occurs – driving the population into exile. The current notion of statehood is then called into question. It is true that the principal legal instrument on the definition of statehood deals with the

issues regarding State creation, however, a permanent loss of possibly all four criteria for statehood is bound to challenge SIDS’ position in the community of nations. From State practice it can be understood that there is a strong inclination for State continuity. Nevertheless, this is an unprecedented situation and it can be concluded that so far, the presumption for State continuity has been largely based on the principle of temporality. This principle does not apply to the sinking States.

However dire the situation might appear to be, this is not the time to lose faith. Even though there is no panacea for every single pacific island State whose existence is being threatened, there are still several options open that can help them maintain their statehood or ensure a maximum level of sovereignty. Out of the scenarios proposed, each has its own benefits and disadvantages. Some of them are more politically straightforward, economically attractive or legally acceptable than others. Some are paying greater respect to the cultural identity and societal values of the population, and some serve for better preservation of authority over island’s resources. In the end, it is the political leaders of the respective island States that are left with the decision to choose the right course of action that would best serve the State’s national and general interest. Finally, the international community owes a moral obligation to the SIDS. It is not fair that those who contribute the least to the emissions of greenhouse gasses, should pay the highest price. The foreign aid to these areas should be increasing not dwindling, since it is in our best interest to preserve the unique cultures that have developed on these secluded islands. At this point, further research on the topic of right adaptation strategy for individual island States is needed.

Jakub Masri is pursuing a Master of Science degree in Sustainability Science and Environmental Studies at Lund University.

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Jus Humanis Journal of International Human Rights Law // December 2019

DEMANDING ENVIRONMENTAL JUSTICE: VOICES FROM RURAL AREAS OF EAST ASIA Article by Laura Blažková 1 The year 2018 was the fourth warmest year since 1880 and the impacts of warming are already observed across the globe. Many land and ocean 2 ecosystems have experienced frequent weather extremes, increased sea levels and land degra3 dation. The countries most affected, vulnerable and 4 risks associated with climate change are in the East 5 6 Asia region, such as Bangladesh, India and Vietnam.

For many people in this region, especially rural 7 8 people who depend on agriculture, climate change has a significant impact on their livelihoods and threatens their living conditions.

East Asia today is home to about 70 per cent of the world’s rural population and the agriculture sector 9 remains the largest employer. In many East Asian countries, rural people are the poorest and most marginalized, they have less access to education, markets and financial services and often lack clean water or electricity. Therefore, agriculture is an important part of development and remains one of the most important sources of income and food supply.

In the last decade, the unpredictable long dry seasons or increasing sea levels have drastically affected farming, food systems, and in some cases force-displacement, land loss and employment for millions of rural people. For example, in Bangla10 11 desh, tides are currently rising 10 times faster than the global average and 12 causing large-scale displacement. Droughts in Myanmar and Vietnam have triggered major economic and social disruption, food insecurity and degrade land for agrarian activities. In Vietnam 2016, drought in the13Central Highland area caused a loss of 60 per cent of crop production for every farmer in rural areas. The impacts of climate change are widely spread across the region and it causes a drastic loss of natural resources that are crucial for rural livelihoods.

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The most vulnerable and marginalized are 14 rural women who are more likely than men to be affected by climate change. Women are respon15 sible for up to 80 per cent of food production, yet they own less than 10 per cent of its land.

Photo: Tran Thi Hoa / World Bank, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

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Moreover, women often do not reach the same level of income as men for their agrarian work and are often excluded from decision-making at community and household level. The inequality is 17 often rooted in gendered division of land, labour 18 and access to natural resources. Women struggle 19 with responsibilities of economic production and agrarian work, and are most confronted by poverty, high health risk, inadequate access to services and markets. This variation of existing inequalities and impacts of climate change creates discrimination, limits women from development and crucially affects their lives.

20 According to IPCC report, climate change will most likely continue and the frequency of droughts, extreme weather waves, intensity of rain might increase. These impacts might profoundly affect access to clean water, food, shelter, and other basic human needs for people across the region.

Especially for rural women, these impacts will aggravate already extreme living conditions. As a 21 consequence, climate change will continue negatively affecting their human rights, such as the rights to life, health, food, property, housing, and an adequate standard of living.

It is only in the past decade that UN human rights bodies and national governments have begun 22 to recognize these issues. Since 2009, UNHRC has issued five resolutions that recognize the connection between climate change and human rights.

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However, besides the efforts of the UNHRC, the institution has not provided a clear declaration on the obligation of governments to respond to climate change and violations of human rights.

Although, in the latest COP agreement the UN 23 formally emphasized that countries “should, in all climate change-related actions, fully respect human rights,” it completely failed to elaborate on how countries should fulfill this goal.

While the governments fail to deliver solutions and protect rural people from devastation situation, 24 25 social movements and advocates across East Asia decided to no longer wait for a rescuing plan.

Emerging climate change issues, poverty and inequality reached a point where social movements decided to present their own vision of how the issues of climate change should 26 be solved, demanding environmental justice.

Over the years, environmental justice movements, sometimes 27 referred to as climate 28 justice movements, developed concept that involves issues of climate change, food security, inequalities, poverty, gender and race. What distinguish environmental justice movements from governments and international institution is that they call not only for protection of natural resources, people’s rights, equal redistribution and access to clean and safe environment but also for justice among countries, especially between developed and developing countries, the North and South.

Photo: Tran Thi Hoa / World Bank, flickr.

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It is the responsibility of developed countries to reduce pollution and stop exploiting people and their natural resources in the South. One of the most common environment justice principles is to prioritize public good over profit and community and collective action over individualism.

29 According to Environmental Justice Atlas, there are around a thousand cases in the East Asian region reported by farmers, local people, women and movements where people face issues of droughts, increasing water levels but also cases of illegal mining or other activities that destroy land, natural resources and living conditions.

Rural people cannot enjoy human rights without a safe, clean and healthy environment. The impacts of climate change on natural resources, freshwater or human settlements are already undermining access to basic human needs. Rural people are not only threatened by climate change but also by the lack of protection from government and international institutions. If the global temperatures increase, the impact of weather conditions will dramatically expand in the coming decades. While linking human rights protection and climate change is an import step, it remains to be seen whether this will bring any long-term solutions to the multidimensional problems of poverty and inequality.

Laura Blažková is from Czech Republic. She is in her final year of the master program in Development Studies at Lund University. In her thesis research she is focusing on social, environmental and development justice in South-East Asia.

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Jus Humanis Journal of International Human Rights Law // December 2019

ENVIRONMENTAL RACISM. A CASE OF THE WIXARIKA COMMUNITY IN MEXICO Article by Maria-Madalina Aldea The next morning, the young people began the day, each carrying their bow and arrows. They walked for days until, one afternoon, he jumped behind some bushes, a large, fat deer. The young people were exhausted and hungry but the deer directed them towards a source of food and water. Since then, the Wixaritari adore the peyote that, at the same time is deer and corn, and its guiding spirit. – Wixarika Legend, Anonymous.

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The Wixarika community is an indigenous community that is composed of 7,000 people who live in the Sierra Madre Occidental, and another 13,000 who have migrated to other places around Nayarit.

The three main Wixarika communities belong to the municipality of Mezquitic, in the state of Jalisco, namely San Sebastián Teponohuastlan, Santa María Cuexcomatitlán and San Andrés Cohamiata.1

Following the mythical story of the creation of the world shown above, the Wixaritari (plural of Wixarika) perform the pilgrimage from the Sierra Madre to Wirikuta, to pray for rain, food and health.

In the Wixarika culture it is believed that pilgrimages to Wirikuta ensure the continuity of the world as we know it today.

The pilgrimage to Wirikuta is a cyclical religious complex ritual that begins in October and ends before Easter every year. During this time, a group of native Wixaritari leave from their ceremonial centers and start a ride that lasts more than 15 days until they reach the El Quemado hill and the Cerro Grande hill, which are located in San Luis Potosi and the Chihuahuan desert, respectively.2

Wirikuta is the eastern point of the sacred geography of the Wixarika people, it consists of several sacred natural sites visited every year by the Wixaritari.

The legend of the creation of the world is a standpoint to understand the importance that sacred places such as Wirikuta and the performance of rites have in Wixarika cosmology.

The main purpose of this pilgrimage is to leave offerings to feed their ancestors, or kakayarite. By doing this, the Wixaritari ensure the continuity of the world, abundant rain and prosperity of crops and livestock. Another purpose of this pilgrimage is to collect the hikuri, or peyote, which is one of the principal elements in Wixarika culture.

Photo: Juan Negrin, Wixárika Research Center

Jus Humanis Journal of International Human Rights Law // December 2019

The sacred places are located in natural areas where every single element – plants, rocks, mountains, the air, trees – has a symbolic-religious value. But some of these places are located close to populated areas and some of them are even inhabited.

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According to Gasparello, Wirikuta is a geographic area of 191 thousand hectares, located in the Mexican Plateau in central Mexico. It is often believed that Wirikuta limits end in the very close surroundings of Real de Catorce town, but it is actually comprised of the municipalities Villa de Guadalupe, Villa de Ramos, Villa de la Paz, Matehuala, Catorce and Charcas.

Mining interests in sacred areas In recent years, the territory’s fame has grown internationally due to the environmental and cultural threats it faces. Indeed, together with Canadian mega-mining interests in the area, tomato plantations for the agricultural business and the creation of dump areas for mining waste and industrial waste are among the multiple socioenvironmental threats posed to local mestizo and indigenous population. Back in 1988, Wirikuta was officially considered as one of the 14 sites of the 4 Network World of Natural Sacred Sites by UNESCO. Some scholars have even argued that these colonial enterprises are internationally justified by means of environmental racism, which implies more than the racialized distribution of pollution and environmental loads. It is about the way people, ethnic groups, nature and pollution are codefined in the first place. Such racism comes in when projects grab indigenous peoples’ land and when the indigenous ideas of land are discriminated and conveniently ignored for constituting obstacles to the commodity export economy.

Environmental racism and intersectionality In Benjamin Chavis’ words, environmental racism is “racial discrimination in environmental policy making and the unequal enforcement of the environmental laws and regulations. It is the deliberate targeting of people-of-color com-munities for toxic waste facilities and the official sanctioning of a life-threatening of poisons and pollutants in people-ofcolor communities. It is also manifested in the history of excluding people of color from leadership in the 5 environmental movement”.

The founder of this concept regarded the affected communities as being composed by people-ofcolor, however it can be applied to any other socially marginalized community and minority group that is subjected to exposure of environmental hazards, denial of access to sources of ecological sustenance such as clean air, water, and natural resources, or infringement of environmentally related human rights.

Professor Kimberle Crenshaw coined, in 1989, the concept of intersectionality within the Marxist feminist theory. This concept describes how race, class, gender, and other individual characteristics 6 “intersect” with one another and overlap. The lived experiences, concretely the experiences of discrimination, of a black woman will be different from those of a white woman, or a black man, for example.

In 2009, the Mexican government granted 36 concessions to the Canadian mining company, called First Majestic Silver, 70 per cent of which are within the Wirikuta zone. El Cerro Quemado, the sacred mountain of the Wixaritari, is located within Wirikuta, 140 hectors of protected desert, north Mexico. The land is increasingly under threat both from farming and international mining companies operating in the area.

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Photo: Miguel Ángel, flickr.

Jus Humanis Journal of International Human Rights Law // December 2019

A combination of the intersectionality theory and the environmental racism allows a broader analysis of the impact that agricultural business and mine exploitation in sacred areas have in ethnical communities’ structures. An intersectional approach, developed within critical feminist theory, is advantageous in the context of environment issues because it illuminates how different individuals and groups relate differently to climate change, due to their situatedness in power structures based on context-specific and dynamic social categorizations. Intersectionality sketches out a pathway that stays clear of traps of essentialisation, enabling solidarity and agency 7 across and beyond social categories.

As an analytical tool, intersectionality serves to shed light on how structures of power emerge and interact. Intersections of power can be found in all relations on all levels from institutional practices to individual actions. Social categorizations, often in combination, serve as grounds for inclusion and exclusion.

This article focuses on the power relations that are of specific interest in relation to the right to land.

Here intersectionality is proposed to be used to generate critical and constructive insights as it provides a critique of existing power relations and institutional practices relevant for climate issues.

Therefore, it adds significantly to the framing and understanding of land owning and ethnical communities’ displacement.

gone change as a result of conflict, resistance and negotiation with the Mexican government over its sale of concessions of the Wixarika sacred land to foreign mining corporations. Wirikuta is the material and cultural foundation upon which the identity of the Wixarika community is based, therefore the depredation of Wirikuta involves the destruction of their traditions and loss of a center of learning that is of deep significance to contem9 porary spiritual practice.

Environmental justice Many Wixarika activists and allies protest every day to get back Wirikuta as their own sacred land, as stated by UNESCO in 1994 when Wirikuta was officially considered Intangible Cultural Heritage.

10 The activists ask for environmental justice, which stands on some of the following pillars: it affirms the sacredness of Mother Earth, ecological unity and the interdependence of all species, and the right to be free from ecological destruction; it mandates the right to ethical, balanced and responsible uses of land and renewable resources in the interest of a sustainable planet for humans and other living things; it affirms the fundamental right to political, economic, cultural, and environmental self-determination of all peoples and it demands the right to participate as equal partners at every level of decision-making including needs assessment, planning, implementation, enforcement, and evaluation.

Conclusion

The responsibility, vulnerability, and decisionmaking power of individuals and groups in relation to climate change can be attributed to social structures based on characteristics such as gender, socio-economic status, ethnicity, nationality, health, sexual orientation, age, and place.

The region of Wirikuta was viewed merely as an important mining region since the first colonizers 8 arrived to Mexico. Since it is isolated in the desert and is difficult to access, it represented little interest to the Spanish colony. It is fundamentally a mining zone for precious metals, such as silver and gold, and attracts the attention of the tourists because of the peyote rituals. These factors have had a negative impact on the Wixarika community, which have been forced to migrate and has under- 40

Through the intersectionality prism it can be seen how factors such as being part of an indigenous minority community, speaking a minority language and not having social nor economical capital sum up and result in being subject of discrimination both from the government and the multinational companies. Institutions such as the United Nations, UNESCO or the National Institute of Anthropology and History (INAH, for its Spanish initials) have recognized the land as being owned by the Wixaritari and as their sacred land it is supposed to be respected by any third parties. However, reality is very far from these theoretical standpoints and everyday 20,000 Wixarika people are affected by the mining projects which do not allow them to perform their traditions.

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Activists such as Margarito Diaz Gonzalez and Miguel Vazquez, who protested against the injustices committed against the Wixarika community, were assassinated during 2017 and 2018 for demanding their land back. Thanks to these and other activists, the community of San SebastiĂĄn achieved the recovery of 184 hectares ofÂ

the Piedra Bola and Bola Negra properties, on September, 2016, this was only one of the 12 trials in favor of the community, since recovery is underway 10 thousand hectares for historical invasion of the Wixarika territory. At present the protests against the mining industry in Wirikuta continue.

Maria-Madalina Aldea is a master candidate at the Sociology of Law program at Lund University. She studied Social and Cultural Anthropology at the Autonomous University of Madrid (Spain) and did an exchange at the University of Guadalajara (Mexico) where she developed a special interest in the fields of human rights, migration and ethnicity. Nowadays she works on projects related to minority rights and language displacement.

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Jus Humanis Journal of International Human Rights Law // December 2019

BETWEEN THE STATE AND A HIGH WATER: HYDROPOWER FRENZY IN GEORGIA Article by Nika Arevadze 1

In his interview with an online wildlife gazette, Georgian billionaire and politician, Bidzina Ivanishvili talked about his relationship with nature and the environment, trying to justify his eccentric project of transporting rare trees to his territory. In the interview, among other environmental topics, he also discussed the topic of hydropower plants and stated that a “number of pseudo patriots oppose any type of constructions, especially construction of dams.” Ivanishvili’s position, who is the leader of the ruling party and an 2 informal ruler of Georgia in the opinion of many, coincides with (if not influences) the state’s policy of rapid construction of hydropower plants. According to the Government Report, in the period of 5 months in 2018-2019, 8 plants were approved for exploitation and more than a hundred projects are 3 at various stages of development. These fascinating numbers can be regarded as a sign of a positive change if we take into consideration arguments put forward by the Government and Ivanishvili in unison. The arguments are simple and compelling, as Georgia, rich with necessary resources for hydropower, desperately needs energy independence, has increasing power demand and hydropower is perceived as a clean type of power.

Additionally, as these dams are built or being built mostly with investments, their effect can be easily calculated in currencies and for the country, economy of which is based on tourism and money transfers from abroad, investment mo neybrings more (although relative) economic stability.

However, this “rational” enthusiasm is not shared by the local communities in the high mountainous regions of Georgia. People have held demonstrations with the same request all over 5 4 Georgia – in Adjara, in Svaneti and most recently in Pankisi Gorge, where the demonstration transformed into a clash between the police and 6 protesters. This dam construction frenzy has been perceived negatively by several civic society organizations as well. They emphasize various problematic features of the process, including the lack of unified state energy strategy, the absence of 42

mpact assessment, the disregard of such basic human rights as the right to property and freedom of expression, and adverse impact on biodiversity 7 and environment in general.

This article aims to briefly consider whether the concerns of “pseudo-patriots” are ill-founded or if there is a basis for their opposition to this economically alluring project. For this purpose, this paper briefly reviews the Georgian context and shows the effect that unrestrained development can have on local communities.

Dams with a Faint Praise

Map of HPP’s in Georgia. Dark blue spots depict the ones already approved for exploitation; Light blue denotes the ongoing projects; And green spots refer 8 to potential projects.

The Georgian context of hydropower plants is as complex as the map above. Every project has its own implications economically, politically or legally.

However, the media, civic organizations and individuals working on this topic identify a number of overarching issues.

The first and the most fundamental of these problems is the absence of a systemic approach and general strategy for the development of renewable energy sector, including hydropower energy.

This implies that the assessments and decisions related to the construction and explo-itation of HPPs are taken in a fragmented manner, on a caseby-case basis. Thus, without the official assessment and approach to the larger picture, there is no

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Photo: Bankwatch, flickr.

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official strategy to address its adverse effects in a social, ecological or economic context either.

The described fragmented process, in addition with the rapid expansion of hydropower sector, engenders the opportunity for the “money-hungry” state and investors to circumvent the general protective norms and neglect the interests of other parties, especially local communities. Examples of such occurrences in the Georgian context include, but are not limited to, involvement of companies 9 with dubious reputation, unregulated agreements and memoranda, which are often classified as commercial secret, lack of impact assessment and 10 cost-benefit analysis, conflicts of interest and risks 11 of elite corruption in the energy sector, noninvolvement of concerned parties (local communities, environmental organizations, etc.) in decision-making and the general lack of transparency in the process. The ramifications of these shortcomings are not limited to economic and financial spheres, but also dramatically affect the lives and rights of local communities and other individuals.

A telling example of this interconnection is the case of Dariali hydropower plant in the eastern mountains of Georgia, the idea of which was born in the Soviet era. In response to this idea, to protect the Dariali Gorge, the territ ory was declared a nature reserve. In 2011 the company “Dariali Energy” started construction without proper permits, which were issued in an accelerated manner in November after the complaint of an NGO Green Alternative. In 2012, the Parliament withdrew the protected status on a big chunk of reserve territory to facilitate the construction process. Apart from bureaucratic violations, the construction process also ignored the impact on biodiversity, cultural and ethnographic value of the 12 Gorge and local communities.

In 2014, a landslide in the surrounding area killed several people and destroyed the infrastructure.

Many experts linked this catastrophe to the construction of dams in the area. They criticized the process which aimed for the maximized 13 profits while disregarding indisputable red flags. The project, partly funded by the EBRD, was denounced by its Project Complaint Mechanism in some parts. In particular, it determined that the EBRD did not 44

comply with its regulations as it did not take into account the shortcomings in the Environmental and Social Impact Assessment while deciding on 14 the project.

The story was similar in the case of Shuakhevi Dam in the Adjara region neighbouring Turkey. The state did not properly address expert criticisms and when locals started demonstrating, police power was used to disperse protestants. In a couple of days from the incident, one of the tunnels in the construction crumbled down during the initial 15 launch and the plant had been idle for two years until last month.

Dam constructions, even the ones gone as planned, dramatically alter local environment and affect the communities residing in the surrounding areas. For instance, the plans for Khudon Dam, in the Svaneti region (neighbouring Abkhazian region and Russia), implies full resettlement of 4 villages and some households from other settlements.

Dam construction can also further endanger geological safety of vulnerable territories and, hence, indirectly cause involuntary resettlement or internal displacement of local communities. This factor is discussed in the case of Adjara Dam complex and, in particular, is feared in the affected 16 territory of the mentioned Shuakhevi Dam. These projects dramatically alter the surrounding environment for thousands of people who have lived in mountainous parts of Georgia for generations. Additionally, the lack of their involvement in the non-transparent negotiations between the central government and investors often causes outcry, various forms of protests and demonstrations against these constructions.

However, their criticism expressed through roadblocks is not welcome by the state, which is not keen on protracting and complicating the process by adding vocal interests of locals. This attitude was perfectly illustrated by the events in Pankisi Gorge, where, as a response to such a demonstration, special police forces armed with 17 rubber bullets and teargas were used. Different tactics were employed in Svaneti where several activists against Dam construction were unexpectedly fired from the public service, with a strong indications of the retaliation for their firm position against Dam construction.

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Danger to Overflow The aim of this text is not to ignore the positive effects of hydro energy sector development, but rather to show that even positive change can be tainted by the lack of restraints when the state is too eager and too much money is involved – the value of Nenskra project in Svaneti alone is more 18 than 1 billion US Dollars in total. This perspective, narrowed by the financial aspects of these projects, often tends to ignore the individuals who are the direct victims of every adverse effect and these effects are plenty, as briefly highlighted above.

In the Georgian context, local communities are considered neither as parties during the negotiations, nor as right holders to the lands, rivers, forests, and the local environment. Hence, they are easily sacrificed for and subjected to property appropriation, involuntary resettlement, deprivation of healthy environment and biodiversity. Apart from that, in order to sabotage the opposition, the state often employs unfair, disproportionate means such as the exceeding show of force or arbitrary dismissal of public servants.

To amend these shortcomings and ensure full and effective involvement of local communities in these grand development schemes, some actors are advocating for granting

of indigenous status to such communities. It is true 19 that indigenous status, under international law, provides for greater protective measureses which ensure the involvement and participation of local communities in the decision-making vis-Ă -vis the territory of their residence. However, indigenous status alone cannot guarantee the full protection as demonstrated by the case of Belo Monte in Brazil, the fourth largest hydropower dam in the world. This project was completed in November, 2019, regardless of the fact that it flooded 13 indigenous territories and there was a judgement by the Inter-American Court of Human Rights against its construction, focusing on indigeneity of the territory and the tragic consequences the dam 20 would have on the way of thousands lives.

Grassroot activism against rampant dam construction is standing strong, achieving positive results here and there. For instance, in Svaneti the community gathered the ancient council, voicing a unified stance against the unrestrained interference with Svanetian ecosystem. In this unity, the communities assert their rights more and more boldly, but without the effective platforms for public discussion and the dialogue with the state, these emotional reactions seem like dams them-selves, with the danger to overflow.

Nika Arevadze is second year student in the International Human Rights Master's Programme at Lund University. He has worked at the Constitutional Court of Georgia as a legal adviser and is interested in equality, migration and rule of law.

His extracurricular activities include but are not limited to writing op-eds, small articles, contributions with human rights organizations.

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Jus Humanis Journal of International Human Rights Law // December 2019

AUSTRALIA AND NEW ZEALAND ON THE PLIGHT OF PACIFIC ISLAND NATIONS Article by Tatsiana Rahozina Most people living today may never experience the severe consequences of climate change-does this mean that the cause of climate change displaced people should ring hollow? There are probably better ways to start this article written to merely 1 spread awareness about 18.8 million people who were displaced by disasters in 2017 alone.

However, I choose this rhetorical question appealing to the sensitivity of the discussed issue to highlight its significance. Although I may not cover it wholly, I will instead focus on two specific cases illustrating the current predicament of millions of people displaced by disasters. The cases are chosen based on their geographic proximity and direct participation in the resolution of the issue.

The number of people displaced by disasters is jaw-dropping. Another astounding fact is that these people do not fall under the category of any internationally agreed legal term such as 'refugee', for instance, instead, they are called various different names. For the sake of clarity, in this article, I call these persons 'climate change displaced people'. This term is provided by Thea 2 Philip, who critically evaluates the international legal framework for the protection of climate change displaced people.

The point of departure for the following discussion is the definition of ‘refugee’ as a person who is "persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion" given in the 1951 Refugee 3 Convention. As can be noted, people who have to seek asylum in other countries because they are forced to flee their homes as the consequence of disaster cannot ground their applications on this legal definition. Their destinies are at the hands of individual governments righteous to decide whether to lend them a helping hand or not.

The issue is essential and plays a crucial role in the relations of Pacific island nations and the two largest countries of the region, Australia and New Zealand.

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The reason for this is the increasing amount of climate change displaced people and their desire to seek asylum in New Zealand and Australia.

Pacific small island nations also represent one of the very few examples of the countries where migration is almost solely prompted by climate change. The mixture of these factors makes the discussion of how Australia and New Zealand treat climate change displaced people and consequent linking of these two cases to a broader perspective on state of the art regarding climate change and people who suffer most from it.

Evidence from Australia

The issue discussed in this article illustrates not only how international and national policies can clash and contradict each other, but also how the lack of international regulations can create a vacuum for national authorities to operate in. Most people would probably regard Australia as a developed and therefore progressive country. Still, the critical matter of this article demonstrates how unpliant Australian government and Australians who vote for this government are, especially when it concerns refugees and displaced people.

The last federal election in May 2019 and its outcomes showed a signal that Australia was going to stay the course it had previously chosen. Scott Morrison, who has become Prime Minister of Australia, while serving as an immigration minister, actively embraced a harsh "stop the boats" policy and offshore detention centers on Manus Islands and Nauru for asylum seekers. Although this policy mainly targets people who can seek asylum referring to the previously mentioned definition of a 'refugee', this is an overarching policy that equally covers all categories of people attempting to get protection in Australia, including climate change displaced people. Such a policy is a clear demonstration of ignorance4 of one of the wealthiest countries in the world.

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This policy, or better call it a campaign, is just a link in the chain of what prime minister John Howard started in 2001. That year Howard denied the entry to the Norwegian freighter carrying 438 refugees rescued from the sea. Howard's government then enacted The Pacific Solution, which is a structural denial of asylum seekers at the national level. This policy has been criticized by numerous international organizations, including the UN and 5 Amnesty International. UNHCR spokesperson, 6 Catherine Stubberfield, urged the Government of Australia to address an unfolding health crisis among refugees and asylum seekers held at offshore detention centers sponsored and supported by Australia. It shouldn't be surprising that such measures undertaken by the Australian government are endorsed and praised by the U.S. President Donald Trump on his most beloved social media outlet Twitter.

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It is worth thinking about whether in such an unwelcoming environment, that attitudes toward climate change displaced people could be any different. Not to sound overly pessimistic, I state that the effect of the central policy on refugees and asylum seekers has a potentially negative impact on the possibilities of climate change displaced people to seek protection in Australia. To prove this, one may turn to initiatives such as the Pacific Rim to accept climate change displaced people or 7 the Climate Refugees Amendment Bill to issue climate change refugee visas. These initiatives were not endorsed.

Evidence from New Zealand Compared to Australia, New Zealand does not have refugee detention centers in Pacific island nations.

However, to the surprise of many, the country has had an Islamophobic policy towards refugees from Middle Eastern and African countries until recently.

Therefore, to say that New Zealand is free of bias regarding displaced people, refugees, and migrants would not be entirely accurate.

Since 2011 New Zealand has had 11 cases in which people claimed refugee status because of climate change. One of the most famous cases involves a 8 Kiribati national Ioane Teitiota, who in 2013 appealed to the Immigration and Protection Tribunal against the decision of a refugee and protection officer, who declined refugee status to the appellant in New Zealand. Mr. Teitiota was then

Photo: Getty Images, bbc.com.

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deported from New Zealand back to his home country Kiribati. This story received a lot of international attention, and Teitiota's story became symbolic of the plight of people coming from Pacific small island nations. Meanwhile, none of the 11 cases were successful.

In 2017 the leader of The Green Party of Aotearoa New Zealand, James Shaw, was appointed as a climate change Minister. After his appointment, Shaw said the following: "There might be a new, experimental humanitarian visa category for people from the Pacific who are displaced by 9 rising seas stemming from climate change". This statement was an explicit declaration of New Zealand’s intention of becoming the first nation to introduce visas for climate change displaced people, and this was a moment for many to rejoice in. The decision soon was reconsidered, and the 10 government announced that it would not go ahead with this type of humanitarian visa.

Meanwhile, small Pacific nations continue to be exposed to rising sea levels, droughts, etc. For instance, the threat of these two environmental phenomena puts additional pressure on pollution and poor sanitation, which damages 11 the availability of freshwater and land in Kiribati. Therefore, the need to relocate in countries like Kiribati, Tuvalu, and Nauru will exacerbate. It will be even more problematic for their nationals, as they have the fewest international destination options.

Many would wonder why this dramatic change ever happened in New Zealand. Why did New Zealand first decided to grant humanitarian visas to 100 climate change displaced people and then take its word back and break the promise? The answer came from the spokesperson of the Green Party 12 Golriz Ghahraman, who stated that the research revealed that this type of visas is not a "suitable approach to address climate migration". Further comment explained that this solution doesn't align

with the desire of Pacific nations to create a collective rather than individualistic approach to this issue.

Conclusion It is crucial to realize why the definition of a ‘refugee’ we have today is so shallow. The reason that is that the 1951 Refugee Convention is rather old, and at the time when it was adopted, climate change was not in sight. Therefore, it was not considered to be a reason for being accepted as a refugee and given refuge. However, many decades have passed, and if we have learned anything as human beings, it is that nothing is ever constant, and things tend to change. While there is an abundance of various treaties, resolutions, agreements, conventions, summits, panels etc., world leaders cannot come to a consensus regarding the term, which is lacking elements to be considered inclusive.

In December 2018, the majority of the UN Member States gathered in Marrakesh and adopted the Global Compact for Safe, Orderly and Regular 13 Migration. In this document, 23 objectives for safe, orderly and regular migration are stated.

Among these objectives, one can find references to climate change and its adverse effects, which cause migration movements. Although the year 2018 was widely recognized as a milestone for the development of the mechanism on the global governance of migration in the light of the Global Compact, would we dare to say that this soft law instrument really changes the plight of the Pacific island nations nationals? When the time comes, and more people have to flee their homes because of climate change, will Australia and New Zealand be able, but also willing to provide legal protection to these people in need? They could be pioneers in setting the example of how to treat climate change displaced people. Instead, they continue to struggle with domestic disagreements and consecutive inertness on the matter.

Tatsiana Rahozina has an academic background in International Relations and political science. She is MSc student in Global Studies at Lund university. Currently, she is an intern at the V-Dem Institute in Gothenburg. Her main interests cover migration, national states and the functioning of International organisations, in particular the UN. 48

Jus Humanis Journal of International Human Rights Law // December 2019

TACKLING CLIMATE CHANGE THROUGH RENEWABLE ENERGY: A CASE STUDY OF BIOMASS ENERGY USE IN MOLDOVA Article by Alexandru Mocanu Human rights and climate change have strong and well-acknowledged links and those links span across multiple other areas. One such area is energy, and one can easily talk in terms of the human rights–climate change–energy nexus with some established language such as “clean energy access”, “energy efficiency”, or “sustainable energy”.

The latest term inspired a dedicated SDG 7 on access to sustainable energy that is only reenforcing this nexus.

This article will examine the case of Moldova – a small developing country with scarce energy resources, as it embarks on an ambitious policy of energy efficiency. More specifically, this case-driven study will look into the argumentation for the country’s choice for solid biomass given its large agricultural background. It will also seek to confirm the contribution of this choice to the improvement of the overall energy situation and sustainable development of the country and subsequent benefits for its human rights and climate change commitments globally.

Towards the end, this article will point to some challenges and concerns related to the use of biomass, along proposed solutions identified through a literature review that may be worth

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consideration in the context of Moldova and beyond.

Environment-Development-Energy Nexus There is an abundance of literature that puts forward compellingly the idea of a human rights– environment nexus. Over the time, this discourse evolved into exploring the human rights connections with the climate change, including through the 2009 Report of the UN High 1 Commissioner for Human Rights, and more recently with 2 the sustainable development through the SDGs. In exploring connections and defining the economic rights–energy nexus, Casillas and Kammen assert that access to energy is a key factor. “Energy poverty”, as the authors call it, results in unmet basic needs and depressed economic and educational opportunities. The poorest in the rural areas are also the most 3 vulnerable to climate change shocks.

According to some estimates, 75% of the world population is lacking the energy supplies required 5 4 to ensure their needs. Dias, Mattos and Balestieri discuss the requirement to seek a balance among

Photo: Ion Chibzii, flickr.

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human needs, energy use and environment. Some analyses show that there is tremendous potential for energy saving through efficiency that may amount to 6some 30% of the total energy consumption. Along the same lines, Casillas and Kammen believe that every dollar spent on transitioning to more energy efficient system has the potential to produce greater human 7 development.

Moldova: country background Moldova is a relatively small country in Eastern Europe, landlocked between Romania and Ukraine.

According to the IMF’s World Economic Outlook, 8 Moldova is categorized as a developing economy.

Although it made it to the rank of “high human development”, it is actually at the bottom of this group and also has the lowest human development 9 index on the continent.

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Moldova has a population of 2.6 million.

Approximately 75% of the population live in rural areas and depend on agriculture and related 11 activities for their livelihoods. Some of Moldova’s largest agricultural production include wine, corn, 12 and wheat. Agriculture is considered to be a top energy consumer, along with industry and 13 construction.

The energy situation of Moldova is extremely difficult. With no deposits of fossil fuel of its own, 14 Moldova is 94% dependent on imports. The country spends about 43% of its budget on energy 15 imports that are constantly increasing in costs. This situation is complicated by a number of other challenges such as high voltage power lines and distribution networks, outdated equipment in the energy sector estimated at 70%, and high losses of thermal energy amounting 16to 21% in 2009 with an alarming trend of increase.

Moldova’s Energy Policy In order to mitigate its energy situation, Moldova launched a nation-wide energy efficiency policy. It approved a number of strategic documents that included Energy Strategy 2030 and National Energy Efficiency Program 2020. They both set ambitious targets by 2020 such as 20% consumption reduction, 20% renewable energy contribution to the overall energy consumption, and increase of 50

biofuel use to at least 10% of total share of fuels used. They also largely mirror Moldova’s international commitments on climate change reduction, including but not limited to the UN Framework Convention on Climate Change, Kyoto Protocol, and the subsequent Paris Agreement.

As part of this policy, new legislation has been enacted providing among others certain tax and customs benefits to promote energy efficiency and 17 the development of the renewable energy sector.

Also, a number of new institutions have been established, including the Energy Efficiency Agency (in 2010) and an Energy Efficiency Fund (in 2012).

Moldovan authorities managed to get support from the international donor community such as the World Bank, EBRD, SIDA, GIZ, and other development aid actors. Some of the largest contributions has been provided through a generous EU Budget Support Program (2011-2013) and a UNDP-run Energy and Biomass Project (2007-2017).

Biomass as renewable energy source In Moldova’s conditions of energy scarcity, biomass as a source of energy production is especially interesting. Biomass is deemed to be a “clean 18 and cheap” energy solution, can be processed in many ways leading to a variety of products, and can 19 be used in various forms: liquid, gas, or solid.

Biomass is often described as a “natural battery” that is storing the solar energy. Through the photosynthetic process, the solar energy combines with carbon dioxide and water, and produces the biomass and oxygen. Thus, burning the biomass converts the stored solar energy into the heat.

With most of Moldova’s territory being used for 20 agricultural production, there is a large amount of agricultural waste such as wheat straws, corn husks, vine cane, etc. that can efficiently be used 21 for the production of solid biomass. So, the country has significant renewable energy sources with the potential of bringing about social and economic 22 benefits.

In line with the above-mentioned energy efficiency policy, Moldova actually started using biomass as energy resource extensively.

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As a result, it is reported that during the last 23 decade local energy production began to increase and energy imports dependence began to decrease. It is also claimed that the determining factor was the increased consumption of thermal 24 energy produced from the locally sourced biomass.

In his testing of the causality relationship between biomass energy consumption and economic growth in transition countries, Bildirici also included Moldova and showed that “biomass energy is an 25 important factor for sustainable development”.

Challenges and Concerns In spite of its apparent benefits, a number of challenges related to solid biomass have been highlighted in various literature. One particularly relevant concern relates to sustainable use of bioenergy. It is suggested that the so-called “agricultural waste” is in fact no waste for nature. It is actually supposed to be part of the nutrient recycling for the soil. By collecting the agricultural waste for the purpose of biomass we are interrupting this natural flow and are diverting the bioenergy towards our current needs. As a result, the soil gets depleted of nutrients causing reduced agricultural production in the future, and possibly food insecurity for the next generations. It should thus be acknowledged the fact that accelerated use of bioenergy may be causing certain conflicts, and therefore there is need for integrated policies conciliating the demand for26energy production with the sustainable use of land.

For this second concern, a useful tool for designing integrated policies may prove to be the one 27 advanced by Nilsson, Griggs and Visbeck.

Developed in relation to the SDGs, this tool is intended to map and score relationships between the various targets with the view to highlight priorities for integrated policies. It is suggested that a goal and their respective targets may have positive or negative relationship with the others

which may call for corresponding strategies across sectors.

To illustrate their point, the authors bring one example of negative relationship that hits really close at our discussion here: “converting land use from agriculture to bioenergy production (goal 7) 28 might counteract food security (goal 2)”. The authors do however acknowledge the importance of the context and the fact that this particular relationship between bioenergy production and food security that is often assumed to be negative may not29 hold true in the specific circumstances of a country.

Conclusion This case study sought to feature a developing country struggling with chronic energy issues at a time when there is increased awareness about the potential of renewable resources. One could certainly appreciate Moldova’s ambitious decision to embark on a renewable energy policy that is highly oriented towards advancing its human development, while also honoring its climate change commitments. It was also shown how the particular choice for solid biomass in case of Moldova was largely dependent on the specific context of the country with much of its population doing agriculture. It is hoped that through this case study, one could also confirm the link between sustainable use of energy and the economic rights.

Finally, the benefits of using biomass have been balanced in the end of this article with a word of caution about possible issues related to accelerated use of biomass energy. Among others, such issues concern depletion of the soil of its natural nutrients through biomass harvesting for immediate energy needs. It is argued that this is posing the risk of reduced agricultural production in the future at the expense of next generations’ rights. This is taking the rights-energy discourse at a whole other, inter-generational level, that requires carefully integrated policy solutions.

Alexandru Mocanu is a graduate student of International Development and Management at Lund University. With a professional background in law, he is currently exploring the interlinkages between human rights and sustainable development.

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Jus Humanis Journal of International Human Rights Law // December 2019

WHO OWNS THE LAND? ON THE RIGHTS TO NATURAL RESOURCES Article by Daria Tarkhova Imagining a nation-state, many would think of a territory on a map. Drawn lines represents borders, while the area in between belongs to the nation.

Borders have a strong role; they seem somewhat natural. When one crosses a national border, everything starts to seem different: the nature, the sky and the whole surroundings shift. There is rarely a country that does not use nature in national symbolism. Children in schools are taught to appreciate their own land’s nature, as if the nature inside borders was somewhat more special than the nature outside.

Many would agree that the ownership of the land between the borders belongs to the population of a nation-state. Land is not only symbolical but holds natural resources, and extraction of resources is used to contribute to national economies. Nation-states which hold valuable resources tend to hold a stronger role in global politics. However, the way wealth gained from the resources is distributed depends on many factors, such as national governing policies and the general state of national economy.

Extraction of natural resources is such an act, as it is viewed as beneficial for the nation-state.

Furthermore, extraction of natural resources can easily be argued to be a necessity for sustaining national economy. To some extent it is, as many jobs depend on industries inseparable with natural resources. This discourse is especially efficient in northern regions, where rural settings almost always represent growing unemployment rates.

Sweden is one of Europe’s leading ore and metal producers. Mining industry benefits the national economy mainly by employment and taxation.

Nevertheless, mines are located extensively on territories inhabited by the Sámi populations.

Among others, the negative impacts of mines include disruption of culturally significant means of livelihood, such as reindeer husbandry.

Thus, a controversy appears. The territory belongs to the people, but in this case the right to the land is overruled to benefit the national economy.

In a way, the result justifies the means, violation of rights to land is justified by a concept of “common good”.

A contradictory meaning of borders can be seen in the northern part of the Fennoscandian peninsula, which has been inhabited by populations we now describe as the Sámi for somewhat 2000 years.

While the nation-states of the region are much younger (early unifications of oldest countries, Russia and Norway are dated back to the 9th century), it is evident that the borders were drawn on the Sápmi region without the consent of the people. During the past two centuries, nonindigenous settlers created a need for series of institutional reforms on land use, which led to contemporary situation of the nation-state 1being recognised as the primary owner of the land.

To whom does the land within these borders rightfully belong to? A classical example of land struggle is when a territory inhabited by someone for generations needs to be used for something a nationally approved institution perceives as beneficial for everyone.

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Photo: Christopher Forster, flickr.

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Photo: Christopher Forster, flickr.

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Nevertheless, in neoliberal economy, the “common2 good” often equals economical gain. Persson et al. argue that even when national legislation requires companies to evaluate the impact of natural resource extraction on local populations, the evaluation is measured only by profit rather than cultural and historical values.

The extraction of natural resources on lands inhabited by Sámi has direct and indirect environmental and social impact. Firstly, there are financial struggles due to disruption of traditional livelihood. Secondly, reducing possibilities to practice culturally significant ways of life leads to existential struggles. Moreover, the extensive use of natural resources is an important cause of climate change, which is known to have a greater effect on populations which depend on natural environments. Climate change reinforces and extends the harmful impact on indigenous populations.

Therefore, a struggle for land and resources is not only a struggle for ownership. It is a struggle of a part of the population for national and institutional 3 recognition. Moreover, it is important to see why national institutions hold the power to “recognize”.

The struggle for land is embedded in colonial practices of a nation-state, where construction of institutions has seized the power to implement acts in the name of “common good”.

However, the public discourse about violations of land rights in the north of Fennoscandia is limited and simplified to environmental impacts and “helping” the indigenous population. The nationwide inability to recognise the structural power relations deeply embedded in national economy and institutions can be related to the concept of 4 Nordic exceptionalism. Nordic states have been globally, and perhaps even more importantly internally considered as the global do-gooders who

have not participated in colonial practices historically or contemporarily. Evidently this is not the case in relation to the Sápmi.

Persson et al. compare placing of mines on colonized lands of Sámi to some countries taking pollution to poorer countries and then acting environmentally conscious. Without doubt, even in globalising world nation-state remains the main actor of power. While there are international and pan-national entities which are constructed to respond to climate change, it is up to national governments whether they participate, or furthermore, implement the means agreed upon.

To a large extent, the tools to responses to climate change are in hands of nation-states.

The controversies concerning national agreements are not limited to those concerning climate change.

Significantly, Sweden has not ratified international agreements, such as ILO Convention 169, on indigenous rights which would, among other aspects, secure better land use policies.

Furthermore, Sweden has been notified by international actors such as the Commissioner for Human Rights of the Council of Europe and United Nation’s Committee on the Elimination of Racial Discrimination to improve the land rights of Sámi.

Similarly, the right to decide whether to take action is left to the nation-state. Why would a national government ratify an agreement which would harm its economy?

The struggle against climate change cannot be separated from struggle for land and resources, which is deeply determined by colonial practices of a nation-state. Moreover, in neoliberal setting the struggle comes down to economical value overcoming the historical and cultural value.

Sweden, among others, should recognise the tradition of Nordic exceptionalism and overcome institutionalised colonial practices.

Daria Tarkhova is a human geographer originally from St. Petersburg, but has lived most of her life in Helsinki. She is interested in intercultural relations in the context of national discources and policies. She is currently doing a MSc programme in Global Studies in Lund University.

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CLIMATE CHANGE INDUCED WATER SALINITY. WOMEN, AND MARRIAGE INSECURITY: A CASE STUDY OF BANGLADESH Article by Dilafroze Khanam “Water, water everywhere, nor any drop to drink” a famous quotation by Poet Samuel Taylor Coleridge in The Rime of the Ancient Mariner.

The situation of coastal districts of Bangladesh is the same. Despite being surrounded by water everywhere, the coastal people cannot benefit from the resource because the water is salty. In coastal areas, the entire life of every person is affected by saline water. Henry Chu, The Los Angeles Times Staff Writer, visited the coastal areas of Bangladesh in 21 February, 2007 and wrote – “Global Warming has a taste in this village. It is the taste of salt. Only a few years ago, water from the local pond was fresh and sweet on Samit Biswas' tongue. It quenched his family's thirst and cleansed their bodies. But drinking a cupful now leaves a briny flavor in his mouth. Tiny white crystals sprout on Biswas' skin after he bathes and in his clothes after his wife washes them”. Salinity feels every walk of coastal people’s lives and affects their basic needs 1 like food, clothing, shelter, health and education.

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What is salinity especially water salinity?

Water salinity means the saltiness of water. Simply, how much salt the water contains. Water salinity can be increased by various reasons. For example, because of the critical geographical location, almost every year the southern coastal areas of Bangladesh face various kinds of natural disasters, such as cyclones, floods, soil erosion, tidal surge, sea level rise and so on. All of these natural disasters bring saline water with them from the sea, which creates a new dimension of natural disaster.

The salinity is crucial in terms of its impact on the 2 socio-ecological life of the local people.

Salinity destroys the natural characteristics of coastal soil and water. Moreover, it is causing the damage to agricultural land, bio-diversity, fresh drinking water and livelihood resources which are degrading the quality of local people’s life.

Photo: CBFM-Fem Com Bangladesh/WorldFish, flickr.

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The salinity situation of Bangladesh: Bangladesh is called ‘the emerging tiger of Asia’ as its economy is growing faster than the past.

However, Bangladesh is the deadliest valley in the world because it is the most disaster-prone areas in the world. Again, the Southern part of the country which is known as the coastal area of Bangladesh is the most vulnerable. In coastal Bangladesh, natural drinking water sources, such as rivers and groundwater are threatened by salt 3 water intrusion from Bay of Bengal. According to the Intergovernmental Panel on Climate Change (IPCC), groundwater, crop soils, and many rivers are likely to become increasingly saline from higher tidal waves and storm surges, as a result of climate 4 change impacts. Since 1948, river salinity in the southern districts of Patuakhali, Pirojpur, Barguna, 5 Satkhira, Bagerhat, and Khulna has risen by 45%.

Approximately 20 million people living along the coast are affected by varying degrees of salinity in drinking water obtained from various natural sources.

How salinity effects the coastal people’s life in Bangladesh?

Water salinity affects many aspects of coastal people’s life and livelihoods. A simple framework can show the process broadly -

Salinity and Social Insecurity: Among the four broad sectors of insecurities, social insecurity can be breakdown in several social problems like 56

Salinity Social Insecurity Sexual Harassment Illiteracy Increased Dowry Poverty Increased Domestic Violence Marriage Insecurity Unemployment

Salinity, Women and Marriage insecurity in Coastal Areas of Bangladesh: In 2007, a sample study conducted by Water Aid, Bangladesh touched on this issue. The study aimed at exploring the social and physical impact of using saline water on human body especially on women.

Findings of the study state - “Women and adolescent girls are usually required to collect drinking water from distant sources. This may take three to four hours a day. As a result, they do not have enough time or energy to carry out other household duties like cooking, bathing, washing clothes, taking acre of elders, etc. The skin of adolescent girls becomes rough and unattractive due to the use of saline water. Men from outside the area do not show their interest in marring these young girls. Even within the area, girls from poor families are neglected by the rich families. In addition to that, when a poor family cannot afford to collect water due to sickness or because it does not have any member in the family to do the job, they have to buy water from vendors at Taka 10 per pitcher. It is very difficult for them to spend Taka 300 per month for drinking purposes as their monthly income is typically Taka 500 -Taka 1500.

Therefore, sometimes they have no choice but to use saline water for drinking purposes.

Furthermore, females are the prime consumers of 6 saline water within their family”.

Salinity creates marriage insecurity both for man and women. However, women are the hard hitter of salinity. I have conducted a study in 2018 in Khulna, a coastal district of Bangladesh and findings showed that, 91.82%(N=110) women and young girls believe saline water induced skin prob-

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lems are responsible for their marriage insecurity.

The sufferings from salinity has gender dimension as females suffer more than their counter parts.

In my research findings I found various effects of salinity are associated with marriage insecurity of coastal people such as: a). Saline water makes the skin dark b). Saline water makes the skin sticky causes itching and skin diseases c).Saline water makes the skin rough and unattractive d). Hair fall/ reddish hair e). Saline water increases pimples to the skin f). Saline water makes an extra white level on the top of the skin Salinity creates marriage insecurity of young girls in two ways a) Unattractiveness of marriageable girls, as salinity makes their skin rough and dark which leads outside people unwilling to marry them and b) Parents fear as no one will be available to fetch drinking water after the marriage of their daughters as coastal people have to fetch drinking water from a long distance (minimum three kilometers to maximum six kilometers every day).

However, parents also said that they cannot manage brides for their sons because the girls of salinity free areas are unwilling to marry any male member of saline prone areas.

A parent said - “I am searching a bride for my son but no one outside the coastal area are not willing to marry him”. The consequences of marriage insecurity lead to issues such as dowry, domestic violence and poverty.

Salinity, Marriage insecurity and Dowry: Guardians of coastal areas state that there is a linkage among salinization, marriage insecurity and increase rate of dowry. Findings of my study showed that, 79.17% guardians (N=120) opined that salinity increases dowry rate in coastal Bangladesh. The problem is extreme for the parents who have daughters. The unattractiveness of marriageable girls, patriarchal mentality, poverty, illiteracy conjointly makes the situation miserable for the girls and their parents. A respondent said that her father has tried to marriage off her by giving four lakhs taka (40,000 Krona) as dowry however, he has failed to find a groom for her.

Another respondent said - “the amount of dowry is higher in the coastal area as compared to other parts of the country”. In most cases, the groom’s family demand cash as well as a motor bike which is not manageable for bride’s parents. However, the situation is comparable for their male counterparts.

So, salinity creates marriage Insecurity, marriage insecurity leads parents to dowry, and dowry leads people to poverty. Salinity is a trap for coastal people. It creates multidimensional social problems but marriage insecurity and increased rate of dowry are only two of them.

Dilafroze Khanam is a Master’s student in the Department of Sociology at Lund University. Her research interest encompasses language and cultural rights of ethnic communities, menstrual hygiene management of adolescent girls especially in coastal areas, salinity and coastal people’s livelihood in Bangladesh. She has completed her Honor’s and Master’s degree in Sociology from The University of Dhaka. She is a faculty member of Department of Sociology at University of Barishal, Bangladesh. She has received the Swedish Institute Scholarship for Global Leaders in 2019 to study at Lund University.

Dilafroze Khanam has founded a voluntary organization named "Steps towards Menstrual Hygiene Management". STEPS is working to ensure menstrual hygiene among women and adolescent girls who are marginalized, disabled and orphaned by raising awareness as well as by distributing “Dignity Kits (comprises of two underwear, a packet of sanitary napkin, a soap and a bottle of liquid antiseptic)” at free of cost especially in the coastal regions of Bangladesh where the gynecological diseases are very common.

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AN IMPENDING GLOBAL CRISIS BUT OF UNEQUAL MEASURE: CLIMATE CHANGE’S IMPACT ON FOOD SECURITY IN AFRICA Article by Esther Kariuki & Eberechi Nnah-Ogbonda Climate change, christened - and rightly so- the 1 greatest environmental challenge of our generation is attributable chiefly to human activities. Global 2 heating is presently around 1.0°C above preindustrial levels (between 1850 and 1900). Climate change is a consequence of human actions, notably fossil fuel burning. As students of International Development, the development-environment nexus is particularly interesting. Unlike other pertinent development issues that predominantly take on a regional face, climate change is framed as a global threat- the Paris Agreement has 195 signatories. Even environmental activism unites across the globe, case in point being the school 3 climate strikes movement.

What is arguably missing from the discourse is that the activities in pursuit of development or better 4 yet modernization, since the 1950s were not as widely collective but their ramifications are not only global but are felt in greater magnitudes for those 5 who least contributed to the crisis.

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Further, unlike other development challenges such as poverty, epidemics, hunger, etc. climate change is mainly described as a futuristic catastrophe not as a present crisis being experienced by individuals.

Literature, mostly the Intergovernmental Panel on Climate Change (IPCC) reports, on the effects of climate change comes in the form of predictions and projections. It is such literature that this paper draws from however, in a way that brings out interlinkages between climate change and food security in high risk regions in Africa. This paper also sources information from academic writings and media reports. It calls attention to those already affected by climate change. While forewarning is undoubtedly crucial, the effects of climate change are already being felt by some, the most vulnerable yet the least culpable.

Interaction between climate change and food security Through the interaction between climate change and

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factors of food production, chiefly land and rain patterns food security is compromised. Food security, particularly in dry regions in Africa, is under threat from increasing temperatures, changes in precipitation patterns and increased 6 recurrence of extreme events. These effects contribute directly to the amount of food harvested with yields in staple crops in Africa such as maize, wheat and sorghum having decreased in the recent past. Low income producers and consumers are particularly vulnerable. Studies reveal that in Nigeria food crop farmers livelihoods are affected from low yields occasioned by high temperatures, variance in humidity and constant floods. In Cameroon’s Sahel region, a dryland, increasing levels of malnutrition due to extreme drought as a result of climate change are reported.

Indirect effects of climate change on water availability and quality, pests and diseases further exacerbate food security as they touch on food safety and food quality. Climate change has direct impacts on plant and animal biology- changing temperatures affects organisms basic metabolism.

The changes in biological processes of plants for instance can cause changes in growth rates of crop yields but at the same time can have an effect on the nutrients contained in the food crops. The effect is not any better for animals as rising heat stress can influence both yields and quality of animal produce by changing immune systems, chemical constituents and fat depositions in animals. The IPCC report, Climate Change and Land affirms that “the people likely to be most affected live in Africa and South Asia”.

Yields may also be affected by the effects of climate change on the farmers themselves. Exposure to extreme temperatures by those working in agriculture has impact on their productivity.

Agriculture across sub-Saharan Africa is labour intensive meaning that food security may be significantly affected. Devastatingly too is that the health of the labour force is also threatened “through changing metabolic demands and physiological stress for people exposed to extreme temperatures. There is also the potential for interactions with food availability; people may require more food to cope, whilst at the same time being impaired from producing it”.

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This discussion on the interaction highlights matters related to equity; the most vulnerable being those who are socially and economically disadvantaged. In that line, it would be unfair to remain silent on the effect with regard to the gender dimension. Women are crucial in food security but due to societal gendered norms they are particularly at risk with regard to climate change- food security interaction. The IPCC has identified four pillars of food security; food availability, food access, food utilization and food stability. In the four pillars respectively; women are prone to have low access to factors of food production, owing to gender norms they are likely to have less meal portions or less power in decision making regarding purchase of food, are likely to be affected due to variation in nutritional needs for instance during pregnancy or while breastfeeding and women are more probable to be affected by food price surges.

Examples of Areas affected by climate change in Africa While climate change affects all countries in the world, evidence points to the African continent as the most negatively affected by climate change, 7 although bearing the least responsibility. African countries are distinctively susceptible because the livelihood of the population is largely based on 8 agricultural activities and natural resources.

An example is the 2015-2016 El Niño which resulted in extreme life-threatening weather and was one of the most severe droughts in history in many African countries. Water sources dried up, food crops failed, and animals 9 died. More than 60 million people were affected. The effects are more drastic in countries like Burkina Faso, Niger and Sudan, where climate change has resulted 10 in more than a 20% decrease in GDP per capita.

Sub-Saharan Africa is experiencing intensified climate extremes as increase in temperature has potential risks in the region in 11 the form of heat waves, crop failures and droughts. The West African region, a climate change hotbed is currently encountering less agricultural production and crop yields and this is likely to worsen in coming years.

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Notably, the Sahel, presented with a surge in population growth estimated at 2.8% p.a. in an area with insufficient natural resources including water and land, is largely reliant on rain fed agriculture and is currently experiencing the most extreme 12 climate inconsistencies. Ghana in 2007 and 2010, Nigeria in 2012, Burkina Faso in 2007 and 2009, experienced severe flooding with devastating consequences on the livelihood of thousands.

13 These changes have repercussions on food security in the region, leading to intensified tension and conflict between cattle herders and crop farmers, and a threat to human security, a classic example is the Fulani Herdsmen insurgencies in Northern Nigeria.

In southern Africa, climate is among the most commonly cited drivers of food insecurity as it acts as a causal, ongoing problem and as a short-lived shock. Several South African countries are also affected are presently experiencing drought.

Mozambique in 2000 and 2001 experienced 14 flooding affecting the lives of its population.

Higher temperatures and a reduction in precipitation has been responsible for increased drought in northern Africa. Changes in climate conditions, is said to be a major contributor to scarcity of water resources in Egypt which led to the government limiting its cultivation of rice in order to preserve it already depleting water resources. Egypt’s rice production was estimated at 4.3 million tonnes p.a, it is forecasted that this change will have a 40% reduction implication. This has undoubtedly affected the economy 15 of the continent’s second largest producer of rice.

In the 2000s, East African countries, including Ethiopia, Somaliland and Kenya, suffered severe

droughts due to failed rainfall. Unable to grow crops, numerous people have been left without enough food to eat. Particularly, the years 2000, 2001 and 2006 were the worst for Kenya in at least 60 years with over 3.5 million people affected. On the flip side, some countries in Africa have had too much rainfall, for example, Ethiopia in 2006 experienced extreme flooding with severe livelihood consequences. The greatest impact of climate change on the economic output of agriculture in Africa is the least developed, poorest and most food-insecure region who suffer the 16 largest reduction of agricultural incomes.

Conclusion There is no continent struck by climate change as severely as Africa. Considering its geographical location and population, Africa is notably vulnerable due to widespread poverty, dependence on agriculture and the inability to adapt. As a threat to the livelihood of the most vulnerable and the economic growth of countries, climate change has been responsible for changes in temperatures and rainfall patterns causing droughts and flooding, lower crop yields, productivity of livestock and fisheries systems. Food security is a great cause for concern in dry regions in Africa ascribed to increasing temperatures, changes in precipitation patterns and increased recurrence of extreme events. Central to this issue in Africa are the most vulnerable, women and children who are unable to receive the necessary dietary and nutritional requirements. Women in Africa in particular owing to gender normative roles are at a disadvantage, and have more restrictions to food access. Climate change and its impact on food security can no longer be treated as an issue for the future, across all regions in Africa, its effects are becoming glaring with grave implications on the population.

Esther Kariuki & Eberechi Nnah-Ogbonda are MSc. students in International Development and Management at Lund University.

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THE DAUNTING REALITY OF PHASING OUT FOSSIL FUELS – A COLOMBIAN CASE STUDY Article by Juan Samper Climate change is a wicked problem because of its ecological and social effects. The social dynamics of adaptation and mitigation efforts are difficult to predict. Take the case of the “yellow vests” in France. The protesters were not against the French environmental agenda but, broadly, against its 1 negative social impacts. The simple introduction of a well-intended carbon tax aimed at cutting emissions provoked a large social awakening. Even the UN environmental program has recognized that even though climate change is at the top of the list of threats to human rights, adaptation and mitigation measures can also prove to be adverse 2 for the enjoyment of human rights as well.

The Stockholm Environmental Institute (SEI) published a study about how Colombia can deal with a transition from coal. Colombia is one of the major exporters of coal worldwide. Demand for coal in the future is expected to decrease most likely due to competition and international climate 3 action. The biggest coal mines in Colombia are in the North of the country. The extraction of coal accounts for a large portion of the region’s GDP. However, the population of this region is rather vulnerable. For instance, poverty incidence is 4 almost twice as high as the national average.

Therefore, the impact of the closure of coal mines is potentially devastating for the region. The ability of local governments to provide public services is highly dependent on public income that comes from coal production.

Additionally, coal mining has historically been regarded by Colombian governments as one of the main drivers of economic growth. The discourse around coal mining has always focused on it being a key source of development and even of 5 peacebuilding. Mainly due to this, discussions about a coal transition are inexistent in public debates. Nevertheless, as a part of its commitments under the Paris Agreement, Colombia submitted a Nationally Determined Contribution. The Colombian pledge in its NDC was to reduce 20% to 30% its greenhouse gas 63

emissions by 2020, depending on international 6 support. The aim of NDCs is for countries to pursue policies that aim to keep global warming under 1.52°C. Research suggests that to keep the Paris goal of global temperatures, 30% of the world’s oil reserves, half of its gas reserves and more than 80% of its coal reserves should remain unused 7 from 2010 to 2050. Transitioning away from coal might be the single best way for the country to achieve its NDC. But how?

The current government’s National Development Plan further accentuates the issue at hand. The plan includes both provisions for increasing coal production up to 98 mt (million tons) per year, and for strengthening the closure of mines so that alternative economic activities are guaranteed. Not guaranteeing such conditions certainly constitutes a violation of the International Covenant of Social, Economic and Cultural Rights, of which Colombia is a member party. However, guaranteeing alternative economic activities might prove to be a daunting process. As a part of their study, the SEI researchers held workshops in certain coal dependent areas to discuss potential economic alternatives.

Agriculture and tourism were the most suggested alternatives. Both activities are, however, filled with issues of their own as their environmental and economic sustainability is questionable too. In the case of agriculture, which is one of the main drivers of the Colombian rural economy, salaries are lower, infrastructure is virtually non-existent and access to land is limited due to notorious social inequalities.

In the case of tourism, the industry is nascent in the regions and a lack of infrastructure and security can hinder its growth. In short, the environmental and social sustainability of the alternatives is also questionable.

So, how can a middle-income country like Colombia face the task of transitioning away from coal while still fulfilling its human rights obligations?

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There are examples of successful coal transitions.

Among them, the SEI study found, there are certain similarities. First, successful cases of coal transitions were part of long-term anticipation.

Second, they showed how essential it is for governments at different scales to coordinate. And finally, successful cases of coal transitions where supported by financial mechanism that had already been put in place for the purpose.

Additionally, the Office of the High Commissioner for Human Rights has recommended viewing certain communities in terms of vulnerability is insufficient. Human rights and climate policy measures have multiple stakeholders. They require that groups are also seen as agents of change and, therefore, included as “essential partners in the local, national and international efforts to tackle 8 climate change�.

The challenge of phasing out fossil fuels is tremendous. Particularly for a middle-income country such as Colombia. The coal mining industry is viewed by the national government as a key development source. Local governments in mining regions are also dependent of coal production to obtain public income to invest in public services.

The national government, however, has signed the Paris Agreement and pledged to decrease its greenhouse gas emissions by 20% or 30% depending on international support. Transitioning away from coal is viewed by some as the most effective way to fulfill this pledge. Nonetheless, the economic importance of coal in the country has clouded any discussion in the public sphere about coal transitioning. Even so, given the current socioeconomic context of coal producing regions, closing the coal mines with no viable alternative would be a violation of social and economic human rights.

Regardless, research shows that coal transitions have been successful in the past and it is important to draw knowledge from them. Key aspects for the design and implementation of successful climate policies that do not threaten human rights are long-term anticipation, cross-scale government collaboration, financial support and social inclusion of those directly affected by the measures.

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Juan Samper is a Colombian lawyer and currently a student at Lund University’s Master’s Program in Environmental Studies and Sustainability Science.

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SUICIDESAMONG FARMERS IN MAHARASHTRA STATE, INDIA: HOW ARE CLIMATE AND ENVIRONMENTAL CHANGES AFFECTING HUMAN RIGHTS? Article by Markus Lewin An estimated 300,000 Indian farmers have committed suicide in the last 20 years as severe droughts and water shortage are affecting their resources which provide income. 1Article 21 in the country’s constitution on Right to Life state human rights that relate to climate change. It includes the right to food, water, sanitation, health 2 and a clean and decent environment.

The Right to Freedom consists of, for example a statement that every Indian citizen has the right to practice any work or profession they desire. The Right to Life and Right to Freedom are human rights under the Indian Constitution that many farmers in Maharashtra cannot realize. There is approximately 48% of the population in India who work or profit from 3 agriculture. This equals about 650 million human beings or nearly Europe’s entire population. The majority of the farmers in Maharashtra state in India are small scale farmers. They farm on a small area and this shall be focused on in this article. The small scale farmers in India often live below the poverty line and this fact can be observed in Maharashtra. 57% of the area in Maharashtra is reserved for farmingactivities and around 60% of 4 its population get their income from it.

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Industrial agriculture has improved production in India but it has not benefitted everyone, in particular the small scale farmers have not benefitted. The introduction of modern agriculture has created a variety of local environmental problems in Maharashtra. Modern agriculture uses more water in farming production and pesticides. Agriculture in Maharashtra is depended on a steady supply of groundwater as well as the monsoon. Many of the small scale farmers don’t have the capacity for modern agriculture because of poverty. A majority of farmers in Maharashtra can’t afford the expenses which means that they take out loans. The income of farmers who grow on a small scale is affected 5 more by environmental changes than others. The changes in the environ-ment and climate is affecting the possibility to farm and harvest crops. The small scale farmers are especially exposed as they can’t afford the extra costs of a more extreme climate in Maharashtra. The region of Vidarbha in Maharashtra is more affected than the rest of the state.

Approximately 60,000 farmers, both men and women, have committed suicide in region during the 6 past 20 years. Issues which relate to climate have put many small scale farmers in debt.

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The right to health and a clean environment are human rights which is stated in the Indian constitution.

Suicides among farmers in Maharashtra shows that their mental health is not addressed at the state level. Hunger and malnutrition is also a problem among small scale farmers in the state, and it can be observed as a violation of the right to food. The more alarming water shortage in Maharashtra, along with a life in poverty, is push-factors for suicides among the farmers. Scientists, Pennan Chinnasamy, Minna J Hsu and Govindasamy Agoramoorthy, from a new study in Maharashtra also argue that there is a relation between farmer suicides and the ongoing 7 climate change. The regional differences in the state of accessible groundwater in the environment can also affect their farming.

The suicides among farmers in Maharashtra claims 9 victims a day during a whole year on average.

This number shows the magnitude of the current problem. It's also believed that many suicides go unrecorded because of stigmas around the topic, which means that the problem could be even bigger than what this article presents. A changing climate and environment is affecting the human rights of farmers. This is especially true for the small scale farmers who live in poverty in Maharashtra. The farmers themselves also express that environmental factors, such as lack of rainfall and low groundwater, has a negative effect on their farming.

Conclusion

The state government of Maharashtra has since 2014 addressed climate change in an action plan 8 policy. The action plan is an offspring of India’s national policy on climate change. Maharashtra’s action plan states that small scale farmers will be 9 more affected by climate change. The policy therefore shows that the state government is aware of the problem. There is also nongovernmental organisation’s who work with 10 improving the farmers situation. An example is Navdhanya which support mainly poor farmers to move away from modern agriculture. They help them to gradually change to organic farming methods. Their projects have resulted in an increase of the incomes of farmers. But more11 needs to be done to stop suicides among farmers.

Especially on securing the small scale farmers officially recognised human rights. India has a responsibility to ensure that especially the social and economic rights within Right to Life are implemented. Another important task is to raise awareness about mental health issues. The recorded numbers of suicides is linked partly in research to a decrease in incomes because of environmental factors. This fact would probably need to be included in a future action plan policy in India on climate change. If it would be included, the state government and India would have a responsibility on mental health issues caused by the environment. More also needs to be done to help the small scale farmers adapt to a changing climate in Maharashtra, India.

Markus Lewin is currently pursuing a bachelor in Human Rights studies at Lund University. He has previously studied Peace and Conflict studies in Nepal and has worked voluntarily in rural India with organic farming. Markus is interested in subjects such as migration, minority rights, environment and gender issues. India and sub-Sahara Africa are regions of special interest to him.

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FROM RURAL LANDSCAPES TO URBAN SLUMS: LIVES OF ENVIRONMENTAL MIGRANTS IN BANGLADESH Article by Silvia Mugnaini People have always migrated in response to environmental change. Today, this phenomenon has to be explored from a different perspective since climate change is progressively threatening entire communities and their livelihoods, leading to significant population displacement every year on every continent. Therefore, our era is experiencing an unprecedented level of human mobility. This 1 mobility will continue in the future. Facing this reality, it is now imperative that we act.

To do so, we must first understand the complex links between human mobility and climate change.

This article wants to raise awareness about this phenomenon and also show the personal dimension of environmental migration. This will be done through describing the experiences of climate-induced migrants in the biggest city’s slum of Bangladesh .How these individuals are integrated within the urban society shall be examined.

The link between climate change and migration, the example of Bangladesh

Scientists predicted that several climate change effects such as the intensification of natural disasters, increasing of warming, sea-level rise

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and environmental degradation are expected to lead to an escalation of displacement and migration. Indeed, climate change will affect livelihoods, public health, food security, and water availability and will make entire areas uninhabitable. Moreover, the competition over scarce natural resources would potentially lead to growing tensions and conflict. Particular areas – including the Asian mega deltas - have been identified as 'hotspots' since greater exposure and sensitivity to climate change combine with limited adaptive capacity suggest that the impacts will be 2 most significant in this area.

According to the 2009 Human Development Report, the term ‘migrant’ is used to define “an individual who has changed his place of residence either by crossing an international border or by moving 3 within his country of origin”. Individuals are considered migrants when they remain outside their original place of residence for a period of at 4 least 3 months. Literature suggests that the decision to migrate is influenced by the variability and the interaction among five drivers: political, demographic, economic, social and environmental.

Additionally, individual and household characteristics such as age, sex, wealth and level of education influence the decision to move.

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The main point is that these drivers are strictly interconnected and the environment is just one of the drivers. Even though, it is possible to define an environmental migrant as “a person or groups of persons who, predominantly for reasons of sudden or progressive changes in the environment that adversely affect their lives or living conditions, are forced to leave their places, or choose to do so, either temporarily or permanently, and who move 5 within or outside their country of origin”.

In order to identify the nexus between climate change and migration, evidence is presented analyzing Bangladesh - one of the most disasterprone countries in the world due to its geography and population density. Firstly, much of the country is made up of the low-lying Ganges-Brahamputra river delta, which is exposed to flooding and empties into the Bay of Bengal, where tropical storms and cyclones regularly form and inundate coastal areas. The summer monsoon, which occurs roughly between May and September, also affects much of the country every year, and hazards sometimes coincide. These risks are compounded by climate change as sea levels rise, rainfall increases and the usual patterns of tropical storms and cyclones change at the same time as the Ganges-Brahamputra delta gradually sinks. On the other hand, low socioeconomic development is also a major contributor to disaster risk, with an average of 1252 people per square kilometers in 2018, Bangladesh is one of the world’s most densely populated countries.

The southern coat, in particular, is home to millions of people, many of them living in poor quality housing, who are at risk of being displaced by rapid-onset hazards, such as flooding and cyclones, that can destroy fragile housing.

Bangladeshi 19 coastal districts and those along major river banks are among those with the highest levels of disaster risk. Families whose livelihoods depend on agriculture and aquaculture are particularly exposed because they live near the coast or rivers and may be displaced several times a year. The majority of new displacements associated with disasters in 2018 were triggered by floods and riverbank erosion. More than 12,000 were displaced in Sylhet and Moulvibazar districts due to monsoon floods in June, and another 11,000 by floods in Gaibandha, Bogra, Jamalpur, 69

and Tangali districts in September. Also in September, riverbank erosion in Shariatpur district displaced as many as 44,000 people. These IDPs are likely to be facing long-term displacement, as their houses and most of their belongings were 2 completely washed away. In 2017, tropical cyclone Mora and severe monsoon flooding combined 6 caused about 914,000 displacements.

Consequently, the experience of migration is often totally sudden and unplanned.

The “cascade” effect Every day, between 1000-2000 people move to Dhaka, the Bangladeshi capital and studies showed that changing in the environment is the biggest reason for this decision. In the longer term, many agricultural households find themselves unable to absorb repeated economic losses - caused not only by sudden-onset disasters but also the impact of slow-onset phenomena such as salinization - and may need to move to urban areas in search of work. People are forced to leave their homes bringing with them just their clothes. Most of those arrive in Dhaka and end up in the urban slums around the periphery of the city. The living conditions in the slums are notoriously poor.

Settlements tend to be overcrowded and housing conditions rudimentary. This situation causes a range of negative outcomes such as poor sanitation and consequently health problems but also food insecurity and lack of educational opportunities which make their lives in the slums vulnerable to other disasters. A substantial proportion of the climate-induced migrants result to be unemployed in the city or employed in the lowest-paid menial jobs such as day laborers and maidservants. The mean monthly savings of the climate-induced migrants are only 192.50 BDT (SD = 797.27) which is not enough even for purchasing a return ticket to their places of origin. People, usually, also lack institutional access to credit which is a common strategy used in this country to face daily life expenses. These people are not able to develop the confidence necessary to build their adaptive capacity and they find themselves to be socially excluded. A recent study in four Dhaka slums also found that levels of violence are serious and perceived to be increasing, with 93 percent of respondents having been affected by some sort of crime.

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'Mastaans' (criminal musclemen) are a particular concern as they control property rents and many basic services in Bangladesh's slums. Genderbased violence is also endemic, with 62 percent of women in slums reporting having been physically 7 abused. This exponential rise of vulnerabilities is described as the "cascade effect". Clearly, the impacts of climate change and its migratory consequences – forced or voluntary, temporary or permanent- bring up a number of significant human security concerns in Bangladesh.

What future?

As showed, climate-induced migrants struggle for survival every day in the capital of the country.

Many climate-induced migrants aspired to return to their own homes.

"Living in the city slum is like a curse on me. I strongly believe God pushed me into this city due to my previous bad conduct". (Milton Khan, a climateinduced migrant in Korail; FGD: 2; 12/07/2012)

However, with the accelerated process of climate change and the higher rate of urbanization, Bangladeshi cities are expected to receive more climate-induced migrants in the future and therefore it is high time to identify this phenomenon and develop national and international plans.

Policy options can be divided into two broad categories: 1) minimizing forced migration and 1 protecting the displaced; and 2) supporting migration as adaptation which will require a more holistic approach that seeks to maximize the 2 benefits of human mobility. There is the need to adopt and support a more comprehensive approach to deal with climate migration including risk reduction strategies, adaptation measures in communities of destination and origin but also tools to address the human security implications. A human security perspective places the well-being and needs of migrants themselves at the center of attention – in terms of decent shelter and access to food and water, but also protection from harassment, trafficking or other negative dimensions of insecurity. Given the continued growth of Bangladesh's cities and their slum populations, improved urban environmental management is therefore clearly of critical importance. Building climate-resilient and migrantfriendly cities across the country will be key to welcoming and integrating those who will inevitably have to move in the coming decades. It is the only way to give a chance to the thousands, who will have no other choice but to rebuild, and to accept, a different life altogether. Finally, in this approach migration has to be considered not in terms of a failure to adapt, but as a legitimate adaptation strategy to improve living conditions.

Silvia Mugnaini is an international student from Italy. She moved to Sweden in August for a 2 years Master's program in Environmental Studies and sustainability science. She has a Bachelor degree in Economic Development and International cooperation from Florence University. Climate change and human rights is where she sees her future career.

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CULTURAL RIGHTS OR ENVIRONMENTAL PROTECTION? A CASE ON THAILAND’S WATER FESTIVAL Article by Wichuta Teeratanabodee What happens when the protection of cultural rights contradicts environmental protection? This article investigates the environmental costs of Thailand’s water festival. Should we sacrifice one right to protect the other, or is there any other solution?

In mid-April, the hottest month of the year, Thai people celebrate their traditional New Year. The 1 New Year is when everyone gets time off work and when families get to spend quality time together while enjoying the festivities. Moreover, it is also known as the time for a water festival or Songkran. During the three days of the festival, many streets across the country are closed, so that people can come out and throw water at each other. This festival has served as one of the Thai cultures for years. Songkran has also started to attract tourists from all over the world to come to Thailand to enjoy the water fight. However, this water festival has put environmental protection at risk, especially when many parts 2 of Thailand experiencing droughts and floods as a result of climate change and poor water management. Thus, this issue brings up the contradiction between the right to culture and the protection of the environment. The question is, which right is more urgent, and what are some solutions?

The right to culture has been an agenda for the United Nations and other international organizations for years. 3 The Universal Declaration of Human Rights in Article 27 states, “Everyone has the right freely to participate in the cultural life of the community...” The Human Rights Council of4 the United Nations also adopted a resolution calling upon “States to respect, promote, and protect the right of everyone to take part in cultural life.” Consequently, preserving culture, such as Songkran, and ensuring that everyone can enjoy such a tradition is essential.

Songkran has a long history and represents the lifestyle and identity of Thai people. The original festival covers three consecutive days in April from the 13th to the 15th. Since ancient times, during this period every year, people reunite with their families and visit a temple to pray for blessings.

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One of the activities is to pour water onto the hands of elderly family members and senior monks, as it is believed to be a way to receive wishes for the coming year. Water is a symbol of 5 purity and renewal to wash negative things away.

As such, water has played an enormous role in Thai traditional New Year for centuries.

More recently, Thai society has adopted a more modern, exhilarating, and enjoyable way of the celebration by getting out on the streets and splashing water at each other. The water fight has 6 gradually become one of the most iconic parts of the festival. As the festival has been a part of the Thai community for a long time, it serves as a bonding activity between people, whether across the country or between different generations.

However, the culture of Songkran that brings people of all ages together to celebrate the country’s tradition and the New Year also causes harmful environmental ramifications. On the first day of the Songkran festival in 2012, people in four provinces in central Thailand consumed an 7 additional 100,000 cubic meters of water presumably for celebrating the New Year. In July 2019, only three months following Songkran, 83 districts in 20 provinces in Thailand 8were reported at “critical risk of water shortages.”

Furthermore, 9 the water decreased by 24% compared to 2018.

This is not the first time that droughts have occurred. Thailand has been facing this challenge for years. The situation has worsened yearly.

When a drought takes place, the most vulnerable group of people is financially unstable as they do not have the means to deal with the situation.

10 Significantly, access to water is one of the fundamental human rights recognized by the United Nations. Financially vulnerable people in rural areas suffer each year as they do not have a sufficient amount of clean water to go about activities of daily living such as cooking, washing, bathing, drinking, etc. In other words, their right to water has been violated partially because of the Songkran festival.

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Photo: Anthony Bouch, flickr.

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Additionally, Thailand is a major rice exporter, and the majority of the farmers are the poor living in rural areas. Droughts will reduce the amount of water available for growing crops and affect their overall yield. Therefore, droughts will directly reduce the farmers’ earnings and negatively affect the country’s economy.

There have been some attempts to decrease water consumption during Songkran. In 2013, Khon Kaen province, one of the drought disaster zones, 11 launched a slogan “spray not splash” to call upon water conservation during Songkran Festival. It was, however, implemented only within the Khon Kaen area, and there has been no continuity of such a campaign in the following years.

It is time Thailand paid more attention to the protection of the environment and the conservation of precious resources such as clean, potable water.

Everyone in the country, from the government to individuals, should be more aware and take responsibility. Songkran might not be the direct cause of the recurring drought. Still, this exploitative way of consuming natural resources should be reconsidered for change. The government should take a much more serious stance and implement policies for environmental protection. Songkran festival shows that some people’s right to culture could obstruct other people’s right to clean water. In this context, it seems impossible to simultaneously promote the two contested rights, although both are fundamental human rights. The question is, which one is more urgent? In this case, it seems that the survival of people and the planet should be a priority before the survival of the culture.

Preserving the tradition is undoubtedly significant; however, protecting the environment is equally, if not more, important because it connects to human livelihoods and lives.

Wichuta Teeratanabodee is a graduate student of the Development Studies program at Lund University. She is currently interning at the German Institute of Global and Area Studies. Her research interests include social issues and politics in Asia, development, and human rights. She hopes to contribute to the drive for social changes through her writing and academic interest.

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OK BOOMERS: HOW CLIMATE CHANGE IS IMPACTING YOUNG PEOPLE’S MENTAL HEALTH AND HOW POLICY MAKERS TURN A BLIND EYE TO THE ISSUE Article by Marie Guichardon The scientific community is debating, arguing, and contradicting all the time, about everything. But over the past decade, one topic stood up and became a consensus: climate change is real, climate change is now, and climate change has dramatic consequences for human and planetary life. Scientists from all fields are not debating whether or not climate change is the threat anymore, they are debating about how, when, and to what extent it threatens the survival of our ecosystem.

In October, Alexandra Ocasio-Cortez interviewed ExxonMobil scientists who eventually admitted that they [members of the board] knew, as early as 1984, that their industrial activity would have a 1 negative impact on climate. “They knew” said Ocasio-Cortez, and I will add “and they did nothing”. Scientists have been ignored by decision makers and the industry for more than 40 years, their methods, criticized, their results, manipulated and twisted. People in power willingly nurtured doubt and ambiguity about climate change, as well as their accountability regarding it.

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So scientists have been ignored, and now that young people take the stand, they are being told that we should listen to scientists, whose words are more credible. Young people base their demands on what scientists say, and to illustrate this, Greta Thunberg’s story is enlightening. From the moment she started advocating for political action regarding the climate crisis, taking the stand in high summits, Greta has been patronized by decision-makers, who repeatedly said that she was manipulated, capricious, and that her voice was not worth a scientist’s one. And yet, they do not listen to scientists . So maybe the problem is not about who they are willing to listen to, but whether or not they are willing to listen at all.

I could have written a paper about how climate change leads to undernutrition, waterborne infectious diseases, cardiovascular diseases, social marginalization, migrations,etc. Instead, I am going to tell you about the impact of climate change on worldwide youth mental health, and how policy makers are turning a blind eye to this issue.

Photo: UN Photo / Mark Garten, flickr.

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First of all, it is important to underline that effects climate change have shown already. Floods, cause of epidemics, migrations or undernutrition, occur more and more frequently. Heat waves are increasingly close together, harming vulnerable populations’ health.

The American Public Health Association (APHA) published a short document, summarizing the short and long term effects of climate change 2 on mental health. Among them, post-traumatic stress disorders (PTSD) can occur after a natural disaster. We know that 25 to 50% of people exposed to extreme weather disasters will suffer 3 adverse mental health consequences and, as mentioned above, these events are more and more frequent. The APHA also mentions a more indirect and long term effect of climate change: “the way we think about ourselves and the world”, so in other words, climate change can shrink people’s 4 sense of self and difficulties to relate to others, which are determinant factors for our mental health.

In addition, climate change threatens and undermines our political and societal structures , therefore creating a holistic sense of insecurity.

We know that everyone is at risk of experiencing adverse mental health effects due to climate change, but also that not everyone will be equally affected. The groups most at risk are children, women, and the elderly, according to the APHA. However, this definition needs to be broadened: the groups most at risk to be mentally worse-off because of climate change are the groups already vulnerable today. It includes financially unstable people, people of color and gender minorities, among others. Climate change is therefore an equity problem, because it will not affect privileged people to the same extent it will underprivileged ones.

In addition, even though adolescence is, at least partly, a social construct, it brings its own package of uncertainty, doubts, dreams and hopes. It is a time of change, during which young people feel and express many concerns. It is coherent to say that the problems which are specific to this period of life combined with the problems brought by climate change do not create a proper base for good mental health to develop.

Young people, no matter what the exact definition of “young” is, are the future. Or at least, they are trying to be. They are trying to dream of one, to create one, despite the thorough and constant efforts of people in power to prevent it. The youth has always been the breeding ground of humanity: they are the ones we build things for, the ones we count on to do better than us. But for now, we are burying their hopes and somehow expecting them to nicely accept it.

Why?

As mentioned, young people belong to a group particularly at risk to suffer poor mental health due to climate change. All of the factors developed above such as the difficulties to relate to other and an eroded sense of self can be risk factors for depression, and we know that youth depression “is a major risk for suicide 5and a leading cause for disability worldwide”.

This behavior is not without consequences for the youth’s mental health. They - no, not they, wefeel abandoned, worthless. In 1987, the 6 Brundtland report, stated that sustainable development meant “a development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”

Because it is convenient for policy makers to turn a blind eye. Facing the problem would mean making in-depth economic and political changes, question our perpetual chase of “growth”, and our very bond with our environment. Private corporations also have skin in this game, and cannot afford such transformations without suffering massive income losses. They defend their interests by blackmailing and bullying governments to make them bend their policies- when members of governments do not themselves have bonds with those companies. And beyond all the legal issues related to this problem, it raises the question of: why would they care?

None of them belong to any group being at risk of experiencing mental health conditions due to climate change, and a good share of them are now quite old, so they may not see nor live with the consequences of the outrageous and unfair policies designed nowadays.

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Photo: UN Photo / Mark Garten, flickr.

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And yet, this has been ignored, and our ecosystem has been traded for more and more money. We now have to carry a double burden: we suffer the downsides of an entire system built by and for rich people while listening to the same people telling us that everything is fine. Young people coming from more fragile communities created by this same system are even more at risk to suffer physical and mental health problems.

Ok Boomers, you may not care but we do.

You have bargained our future because you could, forgetting to wonder if you should. So now, you do not get to tell us if our concerns, our fears, our anxiety are legitimate or not. They are, and your apathy is, literally, killing us. The climate crisis has impacts people beyond the weather, and if you do not realize it or do not care enough to do something about it, then you have no right to stand in positions of power. We are coming for your seats, because we cannot afford to negotiate anymore. It is time to panic.

Marie Guichardon is a Public Health Master Student with a background in sociology. She is particularly interested in environmental health, social and commercial determinants of health, and Sexual Health and Reproductive Health and Rights.

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“IN THE MIDST OF CHAOS, THERE IS ALSO OPPORTUNITY”: THE GLOBAL WARMING WARS AND THE EXCEPTIONAL POSSIBILITY OF A RAPPROCHEMENT BETWEEN THE TWO KOREAS. Article by Valeria Raimondo Despite the general sentiments of scepticism, the threats which the Global Warming Wars bring have been growing, making such wars an international reality. The world is already witnessing a few cases of political clashes and episodes of violation of human rights due to climate change. At the same time, the Northeast Asian region is experiencing a new form of collaboration between the long-timeat-war North and South Korea. May climate change be an unexpected window of communication between the two countries?

In the near future, climate change will be blamed for the heating up of international conflicts and warming social unrest and instability. For this purpose, both in the academic and journalistic worlds, there have been discussions of the coinage of a new term indicating the concrete possibility of war outbreaks due to disorders provoked by climate change: most of the authors refer to these specific kinds of conflict as Climate Wars, but I personally prefer the analogy used by Dr 1Kristen Davies and Thomas Riddel in their essay, namely Warming Wars.

With the drastic increase of extreme weather events, the linkage between severe climate conditions and the rise of global social unrest is undeniable. Syria, in this case, proves to be a good example: just before the eruption of popular protests in 2011, the country had endured three consecutive droughts. Although it cannot be stated that the revolts were the direct result of those record-breaking droughts, it is nonetheless defensible to assert that these climatic events contributed to igniting social tensions in Syria. The same can be said for ethnic cleansing which took place in 2016 in Sudan at the hands of former President Omar al-Bashir, a terrible event that can in part be linked to the increasing southern expansion of the Sahara desert and the consequent state of agitation due to food insecurity.

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However, it is inappropriate to talk about 'Climate' or 'Warming' Wars in the narrow sense of the term, since the political and ethnoreligious factors are ultimately what fueled the two reported events. At the same time, I still believe that the aforementioned underlying climate determinants still play a relatively important role in the unfolding of events.

In any case, it is no longer possible to turn a blind eye to the evidence of the impending climate change crisis and its menace to human rights. Last July, Global Witness denounced a terrible reality concerning political repression and climate change activism: according to figures, in 2018 three people per week got killed for defending their territory and the environment. Half of the 164 accounted deaths took place in Latin America. The country that has the worst figures is The Philippines, where 30 environmentalists lost their lives in their fight against lobbies. According to the collected data, the main cause of these clashes is the extracting industry, but other reasons involve exploitation of waters, oil drilling, poaching and illicit fishing. It is therefore clear that global warming is affecting local realities and their national security through the awakening of social dissension, but as previously mentioned, the international community is equally at risk due to the irreversible effects the rising of temperature has on the environment and, therefore, on the political stability.

In the event that the international community doesn’t take emergency actions to protect the most vulnerable countries through prompt political measures and the massive reduction of greenhouse gas emissions; resource-driven conflicts, loss of territory through sea-level rise and massmigrations would become a bitter reality. As argued

by Davies and Riddel, this can only be done if climate change were to be reframed as a breach to national and international security, posing threats which endanger human rights besides than human life itself.

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Photo: dconvertini, flickr.

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In the context of rising global instability provoked by the climate change threat, the region of Northeast Asia might reveal to be an exception. In 2 The Conversation Hun Park successfully analyzes a few cases of which the willingness to deal with global warming and its dark omen over the Earth’s future might be the reason for a future stabilization of the area, including the two Koreas.

As a matter of fact, both South Korea and the Democratic People’s Republic of Korea (DPRK) signed the Paris Agreement in 2015, and like all the signatory countries, they lodged their commitments to reducing greenhouse gas emissions. This implies that not only national policies must be carried out in order to comply with the requirements, but the collaboration with the neighbouring states would also be of vital importance. For instance air pollution – one of the main determinants of global warming – doesn’t recognize national borders, and in order to deal with this major problem, the nations’ joint effort is fundamental. In this respect a collaboration between the Northeast Asian countries to mitigate transboundary air pollution would be favourable. It is a matter of high relevance for both South Korea the DPRK, as shown by their commitment in the North-East Asian Subregional Programme for Environmental Cooperatio (NEASPEC), of which they are founding members since 1993. It must be kept in mind, however, that the reduction of air pollution through a coordinated action doesn’t seem possible at the moment, but as proposed by the NEASPEC itself, the exchange of real-time data concerning the pollution forecasts is the most viable way which would greatly ease the preparation for high-pollution events.

Another action that might find its application would directly involve South Korea and DPRK to collaborate for a mutual effort to generate carbon credits, is in the event that South Korea agreed to offer technical assistance to the DPRK – by providing satellite monitoring to North Korean reforestation program – in exchange of the country’s informed consent.

The Trans-Korea gas pipeline project is likewise another precious chance for the two Koreas to collaborate on behalf of the fight against climate change, through the development of a costly but 81

efficient pipeline shortcut passing through the DPRK and reaching the South Korean industrial hubs. Despite natural gas not being a sustainable energy source itself, it would however play an important role in the reduction of greenhouse emissions hence South Korea is currently relying on coal and costly (both in climatic and economic terms) liquefied natural gas (LNG), of which it is the second biggest importer after Japan. Indeed, the country lacks its own energy sources, and the longsuggested construction of a 1200km long pipeline that would connect Russia and South Korea passing through North Korea would be a real dream come true. It must be highlighted that natural gas is an important first step towards the use of more sustainable fuels, while waiting for the country to adopt new systems and technologies.

The plan was first introduced in the first years of the 2000s and it intended to annually supply the country with 7,5 million tonnes of Russian gas starting from 2015, but the agreement fell apart after the death of the North Korean leader Kim Jong Il and the subsequent outbreak of the nuclear crisis due to the development of the nuclear weapons program by his successor Kim Jong Un. However, after the historic handshake over the military demarcation between the South and North Korean leaders, which took place on the 25th of April 2018, things seem to have changed and the project has been revived thanks to the improvement of the relations between the two countries.

To date, news on the project has not been released yet, but scholars seem to be positive on the future realisation of the Trans-Korea pipeline, whose construction would not only decrease the South Korean greenhouse emissions, but would also enhance the political and economic ties within the region and bring the two Koreas toward a fruitful collaboration.

Ultimately, it’s important to reiterate that all the projects mentioned above are valid proposals that are still waiting to come to light. These proposals would have a great impact on the communal fight against climate change and also offer a concrete détente in the Northeast Asian region thanks to the necessary collaboration between the involved countries. As emphasized before, the call for a ‘green’ cooperation would nonetheless bring the 2

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Koreas together to make deals for their common goal to tackle climate change, encouraging the two countries to build new political and economic relations which would undoubtedly help the process towards the much awaited peace.

Therefore, while it may seem a little far-fetched for me to state that climate change would be the turning point towards the Korean reunification or final reconciliation, the positive contribution that this global problem is having on the opening of new

windows of communication between the two countries is undeniable.

As the well-known Chinese general and thinker Sun Tzu wrote in his ‘The Art of War’, “In the midst of chaos, there is also opportunity”: in a world that risks to fall into new conflicts due to the chaos generated by the climate emergency, the two Koreas impressively found a new opportunity of alliance, proving the truth of this beautifully wise quote.

Valeria Raimondo is an Italian student currently attending the Master’s program in Asian Studies at Lund University. She has recently graduated in Oriental Languages and Cultures from L’Orientale University of Naples, majoring in both Korean and Chinese studies. Her main academic research involves the politics and society of the Korean peninsula with a special interest in media and gender studies, as well as the human rights discourse.

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