Understanding the Vicious Circle: Climate Change, Environmental Destruction and Contemporary Slavery

brown rocky mountain under white clouds during daytime

27 May 2021 – by Chris O’Connell

Research conducted by Earth Refuge Advisor Dr Chris O’Connell in Bolivia and Peru, and published by Anti-Slavery International, indicates that climate change is a big – but not the only – factor driving displacement and vulnerability. He summarises his core findings in this article. 

Climate change is the primary cause of migration worldwide. It presents an existential threat that is undermining traditional livelihoods, worsening the vulnerability of already marginalised groups and communities, and driving displacement. According to the World Bank, if sufficient action is not taken, over 140 million people could be displaced by 2050. Indeed, there is growing evidence that this is already occurring, with research linking northward migration from Central America to climate variability.

Under the right circumstances, migration represents an important form of climate adaptation, helping to mitigate economic precariousness and escape hazardous conditions. However, as highlighted in my report – ‘From a Vicious to a Virtuous Circle’ – if communities are not adequately listened to and supported, this situation can expose migrants to the risk of exploitation, including trafficking, debt bondage and forced labour. 

My research in Bolivia and Peru reveals that climate change is not the only factor that is driving displacement and vulnerability, however. Until recently, the issue of environmentally destructive activities – such as mining and export-oriented agriculture – was predominantly treated as a ‘pull factor’ for migration by creating a demand for cheap labour. But as research participants made clear, in many places it is also a significant ‘push factor’ by making other economic activities – and even life – unviable in certain places. 

Around 90% of the poorest people depend directly on natural resources, while 75% make a living from small-scale farming or fishing. These are more than just economic activities for many communities: they are deeply intertwined with their culture and identity, and often rely on ancestral knowledge passed down through generations. This same knowledge is increasingly recognised as crucial to preserving and restoring biodiversity, and for successful adaptation to the climate crisis.

Nevertheless, vital lifelines for communities and indigenous peoples are being shut down or restricted due to the expansion of extractive activities. Not only do these activities contaminate the air, soil and water, they are also associated with ‘staggering’ rates of deforestation and heavy water usage at a time when climate change is driving water scarcity.

Over and over, research participants described the negative environmental and human impacts of pesticides from industrialised agriculture, toxic oil spills, and pollution from mining residue that contains chemicals and heavy metals. This situation is also endangering the food security of these communities. In the words of an indigenous broadcaster I interviewed in the Peruvian Amazon, 

it is due to pollution, but also to the changes that are happening to the climate – both things are affecting us. The rivers used to be full of fish, but not now; we are eating our last fish…

For many families and communities, this combination can represent the ‘last straw’ in pushing them to migrate. The cruel irony is that in countries where economic activity relies on natural resource extraction, the only choice for many citizens is to accept offers to work in these same environmentally destructive sectors. This work often consists of highly exploitative and degrading conditions, including instances of debt bondage and forced labour, which causes further human degradation and contributes to further greenhouse gas emissions. This is the vicious circle from which many struggle to escape. 

The distinction between environmental impacts linked to climate change and those arising from man-made environmental harm is an important one. While the roots of both lie in the history of unequal development, their immediate drivers and control levers differ. Mitigating climate change is a long-term global challenge, but action to reduce environmental destruction should, in theory, be more straightforward. 

Yet, rather than regulating these activities, governments in many countries are actively facilitating them via state policy, including tax breaks, subsidies, and infrastructure projects, while often turning a blind eye to human rights abuses against land- and environmental-rights defenders. This situation must be tackled as a matter of urgency, and must also involve the meaningful participation of affected groups and communities. 

Responsibility for this scenario extends beyond national governments to include transnational corporations, consumer demand, and the architecture of global trade and investment – all of which restrict the ‘space’ for governments and suppliers to improve labour and environmental standards. Measures such as mandatory environmental and human rights due diligence legislation and a ‘Just Transition’ that respects workers’ rights are essential steps to taking a holistic approach to climate resilience.

All of this points to the need to not only improve legal safeguards for those who are displaced, but also to actively prevent or mitigate such vulnerability. Whether moving or staying, the fundamental rights of those most affected by climate and environmental breakdown must be upheld. Many of the tools required to tackle this situation already exist in the form of International Labour Organisation conventions, and UN human rights treaties, declarations, and principles such as the Guiding Principles on Business and Human Rights among others. What is needed now is corresponding action to translate these commitments into tangible change.

[Read the report here. | Lee en informe aquí.]

Public Interest Lawyer Rebecca Ballard on Fast Fashion and Climate Justice

21 May 2021 – conducted by Yumna Kamel

A public interest lawyer and entrepreneur who has worked in DC and throughout Asia, Rebecca Ballard founded @MavenWomen to meet an unmet market need for additional socially conscious options for professional women’s attire, and went on to found the recently launched @The.Fashion.Connection (FTS) to “move the needle” in the global garment industry through product creation and partnership, consumer education, and advocacy. This year, FTS is highlighting the links between the impacts of fast fashion and human trafficking. During this interview, she discusses the vulnerability of the – largely female – fast fashion workforce, the modern day slavery landscape, and the overlaps between fast fashion, human trafficking, and climate justice.

Researcher Anna Oltman on Human Rights and the Politics of Asylum

14 May 2021 – conducted by Nikoleta Vasileva

In this interview, Dr Anna Oltman, researcher and lecturer at University College London, talks about human rights and the politics of refugees and asylum with Nikoleta Vasileva. She explains the key terms relating to migration and some common misconceptions in the Global North and society as a whole. She sheds light on the policy of deterrence that States adopt to discourage migration and how it affects refugees. Finally, Dr Oltman touches upon the role of gender and sexual orientation in asylum applications, as well as on some key takeaways from her research to benefit activists and displaced people alike.

Dr Oltman is a lecturer and researcher in international human rights with a focus on the politics of refugees and asylum. She has worked with several refugee resettlement agencies and is a committed advocate for displaced people and migrants regardless of immigration status. Currently, she teaches two modules on the politics of human rights at University College London and her research focuses on the institutional and political sources of compliance with international human rights agreements.


Take Aways

85% of refugees* worldwide are hosted in developing countries.  
73% of refugees* worldwide are hosted in neighbouring countries.  

*This includes refugees and Venezuelans displaced abroad  

39% of refugees are hosted in only five countries:  

Turkey – 3.6 million
Colombia – 1.8 million
Pakistan – 1.4 million
Uganda – 1.4 million
Germany – 1.1 million
Source: UNHCR https://www.unhcr.org/uk/figures-at-a-glance.html
Relative to their national populations, Lebanon hosted the largest number of refugees (1 in 7).  

Only a fraction of the millions displaced found a solution during 2010-2019, “A Decade of Displacement”  

40% of the forcibly displaced persons were children: An estimated 30 – 34 million of the 79.5 million forcibly displaced persons were children below 18 years of age.  
Source: UNHCR https://www.unhcr.org/globaltrends2019/

Towards Corporate Accountability for Environmental Harms on an International Basis

11 May 2021 – by Vaughn Rajah

“The worst victims of environmental harm tend also to be those with the least political clout, such as members of racial and ethnic minorities, the poor, or those who are geographically isolated from the locus of political power within their country”

– Caroline Dommen

The global scale at which modern multinational corporations (MNCs) operate inevitability results in widespread environmental harm.[1] This article contends that international law must be developed to hold MNCs accountable for transboundary environmental harm as well as to offer protection to those upended by such harm.

Developing the international system

Poorly regulated and substandard MNC activities have resulted in numerous accidents such as water contamination, deforestation, soil erosion, and the exploitation of natural resources by oil, mining, and forestry companies.[2] Domestic recourse is the preferred avenue for preventing environmental abuses by MNCs.[3] This, however, is a largely ineffective as it presents an orthodox view of law wherein states are the principle actors in the global order and state sovereignty is paramount.[4]  This disregards the fact that MNC operations in the host country have the potential to affect that state’s environment as well as that of other countries, as was the case in Ecuador and Peru with regards to MNC water contamination.[5] Additionally, this ignores the very real influence MNCs have on governments, especially developing states and the threat this presents to domestic enforcement.[6] For example, the Nigerian state relies on oil MNCs as its major source of revenue, granting these corporations enormous influence and control.[7]

The current international legal order is, however, not well equipped to address transboundary environmental harms.[8] One solution is the development of international jurisprudence to recognise a universal substantive environmental right, under which companies can be held accountable.[9] This long-term approach should be supplemented by short term enforcement by economic superpowers such as the United States, where many MNCs are incorporated.[10]

The dual potency of a substantive environmental right

Some scholars and legal experts find universal acceptance of substantive environmental rights at the national, regional, and international levels.[11] However, most of these instruments that address environmental protection and economic development are criticised as being non-binding, soft- law agreements, many of which are worded so broadly that they provide little or no guidance to states or MNCs.[12] The current international instruments do not sufficiently combine environmental protection and human rights or establish a substantive environmental right.

If drafted, or phrased, and implemented correctly, the two main goals of a universal substantive environmental right should be: i) to prevent environmental harm; and ii) to protect those forced to leave their home region due to sudden or long-term changes to their local environment, that is environmental migrants, post-harm.

Transboundary environmental degradation, including that perpetrated by MNCs, can impact millions at a time and the current international legal architecture does not offer any substantive protection for those displaced by this degradation.

The body of international human rights law does not effectively protect against displacement and migration which result from environmental degradation because it has not evolved to keep pace with the rapid advance of economic globalisation and the privatisation of resources.[13] The current lack of a universal provision means that at best, a substantive environmental right preventing harm and protecting migrants is to be derived from other existing rights, significantly weakening the position of those advocating for the protection of climate migrants and for the regulation of MNC activity.

It is therefore paramount that a universal substantive environmental right is developed to prevent of situations of environmental change as such as to promote reduction of greenhouse gas emissions and the prohibition of transboundary damage as well as to mitigate the consequences of such harm, including especially the equal protection of all environmental migrants.


Human Rights Pulse core team member and Earth Refuge Archivist Vaughn is passionate about sustainability and human rights, his scholarship and writing focuses on international law, climate change and transitional justice.


References

[1] E Morgera Corporate Accountability in International Environmental Law (2009) 5.

[2] Morgera (note 1 above) 6 7.

[3] E. Prudence Taylor ‘From environmental to ecological human right: A new dynamic in international law?’ (1990) 10 Georgetown International Environmental Law Review 309 350.

[4] A Shinsato ‘Increasing the accountability of transnational corporations for environmental harms: The petroleum industry in Nigeria’ (2005) 4 Northwestern Journal of International Human Rights 194.

[5] Morgera (note 1 above) 6.

[6] S Ratner ‘Business’ in Hey et al (eds) Oxford Handbook of International Environmental Law (2008) 808 816 817.

[7] Shinsato (note 4 above) 195.

[8] Shinsato (note 4 above) 198 199; Ratner (note 6 above) 816 817 818 819.

[9] Shinsato (note 4 above) 201; Ratner (note 7 above) 825.

[10] Shinsato (note4 above) 204 205.

[11] U.N. ECOSOC, Comm. on Human Rights, Sub-Comm. on Prevention of Discrimination and Prot. of Minorities, Review of Further Developments in Fields with which the Sub-Commission Has Been Concerned, Human Rights and the Environment: Final Report, ¶ 240, U.N. Doc. E/CN.4/Sub.2/1994/9 (July 6, 1994).

[12] Joshua P. Eaton, The Nigerian Tragedy, Environmental Regulation of Transnational Corporations, and the Human Right to a Healthy Environment, 15 B.U. INT’L L.J. 261, 297 (1997).

[13] Dinah Shelton, Human Rights, Environmental Rights, and the Right to Environment, 28 STAN. J.INT’L L. 103, 123 (1991).

Climate Extremes in Malawi: A Public Health Crisis

4 May 2021 – by Rachel Aronoff

Climate change is generating far-reaching effects on some of the most fragile populations and ecosystems on earth. Despite contributing the lowest carbon emissions per capita, climate-sensitive regions have been forced to bear the brunt of severe weather conditions and chronic biophysical changes in the environment.

Malawi, a landlocked country situated in Sub-Saharan Africa, remains one of the most vulnerable regions in the world affected by anthropogenic climate change. The land and the communities existing within it continue to be ravaged by extreme climate variability and environmental degradation, resulting in increased limitations in human mobility.

Throughout the past two decades, distinct inconsistencies in seasonal weather patterns have made it difficult for small-scale farmers and communities dependent on subsistence farming methods to maintain their livelihood. 1 The worsening irregularities in seasonality have exacerbated issues of food insecurity and disease, whilst intensifying the pervasive sense of poverty that plagues a majority of the nation.

The country’s socioeconomic well-being is actively tied to agricultural output, with 80% of its rapidly expanding population occupying rural land through small-scale farming. 2 A vast proportion of Malawian farmers depend on rainfed cultivation involving stable rainfall cycles to support agricultural production. This system heightens the risk of damage to annual crop yields, and limits the possibility of growth during dry seasons. Due to extreme financial affliction, the use of artificial water channeling remains particularly low, with less than 5 percent of farmers adopting irrigation methods. 3 The reliance on cyclical rainfall patterns amplifies the population’s susceptibility to the adverse effects of climate variability, such as flooding and drought.

Climate assessments reveal that seasonal dry and rainy conditions have become less predictable and more intense. During the 2016/2017 season, Malawi experienced extensive drought that led to acute crop failure and a sharp decline in agricultural production. 4 Simultaneously, crop yields had already dropped by 30 percent in the previous 2013/2014 season, adding to lingering issues of food insecurity and severe malnutrition. 5 Across the country, an estimated 6.5 million people – 39% of the population – including 3.5 million children are projected to have fallen below the annual minimum food requirements. 6 This has produced disturbing health effects on young and developing children, including issues of physical and cognitive impairment. More than 37 percent of children under the age of five (over 1 million) are stunted due to food insecure conditions. 7

Consecutive dry spells have prevailed in succeeding seasons, driving starvation rates. During the 2018/2019 season, 2.8 million people were identified as in crisis, with 450,000 people in immediate need of food. 8 The 2020 dry season brought prolonged drought to the Central and Southern regions of rural Malawi, resulting in limited crop production. The subsequent spread of the COVID-19 pandemic slowed the economy and drove steep rises in commodity prices, affecting the livelihoods of both rural and urban districts. 9 It is predicted that approximately 2.6 million people will require aid to combat food insecurity throughout the 2020/2021 season. 10

Widespread flooding in Malawi has also increased in magnitude and frequency in recent years. In 2019 alone, two major tropical cyclones decimated the country, leaving 731,879 people in immediate need, 99,728 people displaced, and 975,588 facing adverse effects. 11

Changes in rainfall characteristics have made flooding more intense and destructive, exposing some of the poorest districts in the country to environmental displacement. Communities living in Nsanje, a marginalized region deeply prone to climate fluctuations, have been heavily displaced by recent flooding. 12 Many are driven to evacuation camps after finding their homes, livestock, and community infrastructure dismantled by the floods.

These conditions disproportionately amplify the protection risks of women and children because they hold very little social autonomy or access to legal safeguarding services. An Oxfam report revealed that “women may well have little option but to resort to prostitution in order to get income to feed their children. In Bwemba, the women estimate that in between five and seven out of every 10 households the woman might resort to selling sex for food during the critical months of December to February.” 13

Environmental disaster and displacement also force women and young girls to travel further distances to retrieve water, leaving them vulnerable to rape and assault. These measures simultaneously fuel the spread of HIV and AIDs, resulting in greater poverty and weakness within the population. 14

A growing concern is that Malawi’s highly climate-sensitive economy is not equipped to adapt to the impending challenges of climate change. The compounding effects of heavy flooding in conjunction with extensive dry spells will result in increased mortality rates and environmental displacement on a national scale. In order to combat the various challenges presented by severe climate variability, it will be critical for mitigation and adaptation strategies to be implemented at a local level. Utilizing localized knowledge can help provide better insight into developing a strong adaptation framework that prioritizes the needs of those most deeply affected.

It is vital to recognize that the most destitute regions in the nation, and on earth, remain those most insidiously neglected and adversely affected by the impacts of climate change. The ongoing climate crisis in Malawi will continue to deteriorate if its effects on highly vulnerable communities are left unchecked. In developing deeper awareness of the present and forthcoming threats of climate instability, we must mobilize greater urgency to move towards a more climate-resilient future.


Rachel Aronoff recently graduated from UC Santa Barbara with a degree in English, and a specialization in Literature and the Environment. She is also certified in health and wellness coaching, personal training, and in the process of becoming a yoga instructor.


References

1.  Agriculture and Food Insecurity: Malawi. (2017). US Agency for International Development. Retrieved April 27, 2021. https://www.usaid.gov/malawi/agriculture-and-food-security

2.  Agriculture and Food Insecurity: Malawi. (2017).

3.  Climate Smart Agriculture In Malawi. (2018). Climate-smart agriculture (CSA)

considerations,  The World Bank. Retrieved April 27, 2021. https://climateknowledgeportal.worldbank.org/sites/default/files/2019-06/CSA%20_Profile_Malawi.pdf

4.  Climate Change Impacts in Malawi. (2020). Assessing the impacts of climate change on the agriculture sectors in Malawi, Food and Agriculture Organization of the United Nations. Retrieved April 27, 2021.

5.  Climate Change Impacts in Malawi. (2020).

6.  La Niña Events Impact Eastern and Southern Africa. (2016). ReliefWeb, OCHA Services. Retrieved April 27, 2021. https://reliefweb.int/report/malawi/malawi-floods-final-report-emergency-appeal-n-mdrmw014-20-december-2020

7.  Kumchulesi, G. (2018). Persistence of Child Malnutrition in Malawi: Explanations from Demographic and Health Surveys. Journal of African Development, 20(1), 69-75. Retrieved April 27, 2021. https://www.jstor.org/stable/10.5325/jafrideve.20.1.006

8.  Anyadike, Obi. (2019). Drought in Africa leaves 45 million in need across 14 countries. The New Humanitarian. Retrieved April 27, 2021.

9.  Malawi. (2021). Over 2.6 million people in need of food assistance in Malawi. ReliefWeb, OCHA Services. Retrieved April 27, 2021. https://reliefweb.int/report/malawi/malawi-floods-final-report-emergency-appeal-n-mdrmw014-20-december-2020

10.  Malawi. (2021).

11.  Situation Analysis. (2021). Malawi: Floods Final Report – Emergency Appeal. ReliefWeb. OCHA Services. Retrieved April 27, 2021.

vhttps://reliefweb.int/report/malawi/malawi-floods-final-report-emergency-appeal-n-mdrmw014-20-december-2020

12.  Situation Analysis. (2021).

13.  Climate change connections to HIV and AIDS. (2009). The Winds of Change: Climate change, poverty and the environment in Malawi, Oxfam International. Retrieved April 27, 2021. https://www.oxfam.org/en/research/winds-change

14.  Climate change connections to HIV and AIDS. (2009).