Author: Earth Refuge

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Why India Needs to Prioritize Climate Adaptation Over Mitigation

Looking out towards the imposing Mehrangarh Fort in the Blue City of Jodhpur, India.

27 July 2022 – by Skand Agarwal

At COP26, India’s Prime Minister Modi announced the country’s commitment to become a net-zero carbon emitter by 2070. Alongside this, the adoption of the country’s 2022 Green Hydrogen Policy also displays further dedication to achieve this ambitious plan – including supplying up to 50% of the nation’s total energy through renewable sources by 2030.

However, despite the government’s claims of environmental action, India had become the world’s third-largest emitter of carbon dioxide by 2020 (with China and the US respectively ranked first and second).

This is especially concerning given the questions surrounding India’s capability to adapt to climate change. Several Intergovernmental Panel on Climate Change (IPCC) Assessment Reports have concluded that countries like India, Pakistan, and Bangladesh are some of the most climate-vulnerable countries in the world. In recent years, India has experienced an increase in environmental disasters – such as cyclones, glacier melts, heat waves, floods, and more. In March 2022, the country recorded its hottest temperatures in 122 years. Some two months later, temperatures in several of India’s states had reached a new high of 49ºC (120ºF).

The Impact of Extreme Weather

The recent increase in heatwaves has already had a severe impact on the country’s economy and healthcare system, as well as its agricultural industry. In May 2022, some of the most affected areas of the country saw wheat yields drop by up to 50% – worsening the fears over a global wheat shortage related to the Russian government’s invasion of Ukraine in late February 2022.

What’s more, agricultural workers in the country are also facing a number of challenges. As a result of climate change, summer months are beginning earlier in the year, which can disrupt crop cycles and harvest seasons. Sporadic and prolonged summers months are also making it more difficult to predict monsoon seasons, meaning India’s farmers need to find new ways to adapt to more erratic weather patterns – or migrate to areas with more suitable growing conditions.

Farmers are not the only group of people who are affected by the earlier onset of summer. As a result of higher temperatures, an unprecedented demand for electricity (alongside a coal shortage) has led the entire population to face one of its worst electricity crises in decades. Some states such as Haryana, Uttar Pradesh, Bihar, and Punjab are experiencing load shedding for up to eight hours per day – worsening the food crisis as many people are left unable to store refrigerated goods at home.

Rainfall levels are also becoming more unpredictable in India. For instance, the northeastern state of Assam has experienced significantly high levels of pre-monsoon rainfall, which have led to state-wide flooding. Moreover, this extreme weather caused one of the country’s major rivers, the Brahmaputra, to overflow – affecting around 500,000 people across 1,500 villages. And while India’s National Disaster Management Authority (NDMA) is providing aid and support to the affected people, the sudden influx of migration to surrounding cities has undoubtedly added pressure to local administrations which we already struggling to meet demand.

But flash floods are not an uncommon phenomenon in the state of Assam. According to statistics from the Government of Assam’s Water Resources department, the region experiences three to four floods per year. Not only do these floods displace millions of people annually, they also cause extensive environmental degradation such as coastal erosion. However, despite how concerning these natural disasters are, local governments have failed to implement effective climate adaptation plans that can predict upcoming floods.

Climate Mitigation in India

In order for India to deal with these ever-worsening problems, climate mitigation strategies are essential, but the government also needs to grant equal focus to adaptation techniques. Studies indicate that it can take decades to achieve positive results from implementing climate mitigation strategies. In fact, one of the key findings of the IPCC’s sixth Assessment Report (AR6) was that between 2010 and 2019, the highest-ever levels of global greenhouse gas emissions were recorded – despite multiple international efforts to mitigate the impact of climate change since the 1990s.

This is especially concerning for India. The World Meteorological Organization (WMO) reported that since 1986, the Indian subcontinent has been facing an increasing number of heatwaves. What’s more, it predicts that the intensity, duration, and frequency of these heatwaves will significantly increase in the coming years.

So how is the Indian government working to mitigate and adapt to these rapidly changing climates – if at all? In 2015, India launched its National Adaptation Fund for Climate Change (NAFCC) with a budget allocation of 3.5 billion rupees (350 crores, or around US $44 million). However, research from The Indian Express found that since 2017, the grants released from the NAFCC have been steadily declining. Between 2017 and 2018, the government spent around 115 crores (around US $14.5 million), whereas between 2021 and 2022, only 27.8 crores (around US $350,000) were used to fund climate adaptation strategies.

There have been an increasing number of calls for the Indian government to implement more heatwave adaptation strategies, such as the ones enacted in the city of Ahmedabad in 2013, following on more than 1,300 deaths during a heatwave in 2010. Since the implementation of this strategy, the city has prevented around 1,100 deaths each year.

However, a significant proportion of the country’s population still remains vulnerable to the impact of climate change – particularly those who live in slum areas, as well as agricultural workers. It’s evident that death rates attributed to the effects of extreme heatwaves are still increasing. This is largely because of economic vulnerability, as day laborers and slum populations are forcibly more exposed to excessive heat levels for prolonged periods of time.

A Move Towards Mitigation

Models can be used to predict the early onset of heatwaves, including tools developed by the WMO and the India Meteorological Department (IMD). But the government still has an obligation to develop and implement more short and long-term solutions that not only protect people from climate-related health hazards, but also provide solutions that help to safeguard the livelihoods of more vulnerable communities. Moreover, these solutions should be implemented alongside community rehabilitation programs, widespread health and safety awareness campaigns, and localized economic programs across the country.

India has a varied climate; while the north faces extreme heatwaves, the northeast of the country is experiencing flash floods. These differences only serve to strengthen the case that the government needs to develop localized programs to mitigate and adapt to region-specific climate disasters.

Undoubtedly, climate mitigation is important, but it is certainly not sufficient for such a climate-diverse country like India. Findings from several IPCC reports have proven that to successfully handle issues related to climate change, both mitigation and adaptation strategies need to be implemented together. India has already heavily invested in climate mitigation, but it is now time for the country’s government to do the same with climate adaptation.

Found this article interesting? Make sure to read to read our article on how technology, policy, and social efforts are key for the future of climate change mitigation in India.

Skand Agarwal currently studies Transnational Governance, with a specialisation in climate change and environment, at the European University Institute in Florence, Italy.

Born in India, Skand has experience working with military think tanks, media houses, and in environmental activism, through which he aims to contribute to South Asia’s climate adaptability and resilience, while also advocating for the much-ignored rights of climate migrants. Skand also contributes to Earth Refuge’s Faces podcast series.

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US Supreme Court Limits Ability of EPA to Regulate CO2 Emissions

body of water under cloudy sky during sunset

13th July 2022 – by Willy Phillips

On Thursday, June 30th, 2022, the Supreme Court of the United States (SCOTUS) ruled against the enactment of the Clean Power Plan (CPP) following a week of hallmark decisions. The CPP is a sub-section of the Clean Air Act which informs how the EPA can regulate Co2 emissions from electricity production. In the court’s majority opinion, Chief Justice John Roberts said the EPA has no grounds for the sector-wide restriction allowed under the CPP. According to Roberts, the US Congress is the only body that can enact a regulation of such high consequences. 

            Critics of the decision remain wary. In a fierce dissenting opinion, Justice Elena Kagan addressed that “the court appoints itself – instead of Congress or the expert agency – the decision-maker on climate policy.” It’s true; taking emission-standard authority from the government’s environmental organization seems counterintuitive. Justice Roberts, however, insisted that the sweeping regulation is a clear violation of the “major-questions” doctrine. This seldom referenced stipulation refers to the power given by congress to regulating agencies. Congress must provide clear and explicit permission for an agency to implement “decisions of vast economic and political significance.” 

            This case, known as West Virginia v. EPA, first took form in 2015 when Obama-era EPA guidelines set state-wide emission goals under the Clean Air Act. In 2016, SCOTUS suspended the plan in response to several state and private legal challenges. To this day, the CPP has never been enacted, so the SCOTUS ruling refers only to future EPA regulations. While The EPA may still pass site-specific emissions goals, the ruling limits the speed and uniformity with which the EPA can issue time-sensitive goals and standards.

            Many fear the court has set a dangerous precedent for muddying the extent of agency jurisdiction. Justice Kagan leaves her dissent with an honest recognition of SCOTUS limitations, asserting that “Whatever else this court may know about, it does not have a clue about how to address climate change,” she wrote. “And let’s say the obvious: The stakes here are high. Yet the court today prevents congressionally authorized agency action to curb power plants’ carbon dioxide emissions.” 

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UN Special Rapporteur on Human Rights and Climate Change delivers initial report

white and black ship on sea under white clouds

30 June 2021 – Ella Kiyomi Dobson

In April 2022, the United Nations Human Rights Council appointed the Special Rapporteur on Human Rights and Climate Change. This position, filled by Dr. Ian Fry, is the first of its kind, looking more closely at the intersections of human rights and climate change. Dr. Fry presented his first report at the 50th Session of the UN Human Rights Council on the “promotion and protection of human rights in the context of climate change”. This report outlines initial ideas and visions for Dr. Fry’s mandate.

The thematic priorities in the preliminary report outline the areas of focus for the Special Rapporteur. The overarching priorities stated in the report are as follows:

  1. The promotion and protection of human rights in the context of mitigation, adaption, and financial actions to address climate change with a particular emphasis on loss and damages
  2. Addressing the human rights implications of climate change displacement including legal protection of people displaced across international borders
  3. Exploring approaches to enhance climate change legislation, supporting climate change mitigation, and advancing the principle of intergenerational justice
  4. Corporate accountability in the context of human rights and climate change
  5. The protection of human rights through just transitions for workers in industries that contribute to climate change
  6. Exploring the human rights impacts of new technologies associated with climate change mitigation.

As time progresses, these priorities will shift to better reflect the rapidly changing circumstances that the global community faces with respect to climate change.

This report is a significant step as civil society, Indigenous Peoples, and frontline communities have called for the creation of this particular mandate for over a decade. Furthermore, the Intergovernmental Panel on Climate Change (IPCC) and the UN Human Rights Council have insisted on a global rights-based approach to mitigate harms caused by climate change since 2019. Earlier this year, Working Group II’s contribution to the IPCC Sixth Assessment Report was released which showed that 3.3 to 3.6 billion people live in contexts that are highly vulnerable to climate change. These vulnerabilities are driven by many intersecting socio-economic factors such as inequity, marginalisation, the historical and ongoing violence of colonialism, and governance. The Special Rapporteur’s report has the ability to create much-needed attention and action to alleviate climate change-induced human rights implications, and to lay the groundwork for creating legal protections for affected peoples.

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Vanishing Cities: How Bangkok is Sinking into the Sea

A Buddhist temple on the banks of the Chao Phraya river.

This thesis was submitted to the Western New England University School of Law in 2022 – by Ashley Rivera

Abstract

The city of Bangkok is sinking into the ocean at an alarming rate. Some parts of Bangkok are facing sinkage rates of between one to two centimeters a year, and the sea level rises up to four millimeters each year. A combination of climate and infrastructure crises is causing families to be displaced and entire villages destroyed. Extreme measures must be taken to preserve what is left of the Thai capital. If not, the city is sure to vanish.

Vanishing Cities: How the City of Bangkok is Sinking into the SeaDownload

Ashley Rivera is a law student at Western New England University School of Law, where she has a great interest in environmental and human rights law, and hopes to practice in these fields upon graduation. She is co-founder and co-president of the Environmental Law Coalition, where she teaches other students about sustainability, activism, and other ways to get involved in environmental protection. Ashley believes that human rights and environmental justice go hand-in-hand as humans have a right to live in an environment free from toxic pollution, and access to the natural resources needed to survive and prosper.

No edits have been made to maintain the author’s tone of voice.

Was this thesis interesting? Make sure to check out our article on Jakarta: the world’s fastest-sinking city.

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For Persons With Disabilities, Migration and Evacuation Following Calamity Have Seldom Been Possible 

blue and white exit signage mounted on brown brick wall

14 June 2022 – by Willy Phillips

Globally, Persons with Disabilities (PWDs) are two to four times more likely to experience injury or death during natural disasters and war than non-disabled individuals. This silent reality has long accompanied the aftermath of calamity. Places like Ukraine, struck by war, and the Philippines, under the barrage of natural disasters, share the often overlooked necessity of aiding PWDs amidst the chaos.

In response to disasters, many individuals must migrate from their homes. For PWDs, however, the options are limited. Without specialized equipment or proper training, those aiding cannot evacuate this group of individuals safely.

In Ukraine, the Russian invasion has left 2.7 million PWDs in dire situations. The UN Committee on the Rights of PWDs has said in the wake of this conflict, disabled individuals have faced the worst of the war. The reports mention that “many people with disabilities, including children, are trapped or abandoned in their homes, residential care institutions and orphanages, with no access to life-sustaining medications, oxygen supplies, food, water, sanitation, support for daily living and other basic facilities.” Most of the 4.8 million who have fled the country are reportedly able-bodied.

In the Philippines, natural disasters like super typhoon Rai in December 2021 impacted nearly 12 million individuals. As of April 2022, 12,000 individuals are still displaced, and roughly half are housed in temporary evacuation centers. While the damage was immense and the recovery has been grueling, this storm has had a better ending for PWDs. A humanitarian organization called Community and Family Services International (CFSI) has set out to change the statistics for PWDs, especially children. Following the storm, CFSI provided 1,800 families with documented assistance. Each of these families had at least one elderly or disabled household member.

While much work is still required, CFSI sets the example for ensuring that these memebers of our society are accounted for. A paradigm shift toward equality emerges using a UN-backed framework called ‘disability inclusive disaster risk reduction’, or DiDRR. An essential component in the fight for the human rights of all persons, this guideline aims to change the attitudes of states and individuals towards a future of more comprehensive disaster readiness.

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Climate Change Creates Optimal Grounds for Human Trafficking

people riding boat on body of water during daytime

27 May 2022- by Willy Phillips

At the age of 12, Anjali thought she had been given a chance to advance her passion for dance. Her dance teacher approached her in West Bengal after cyclone Aila hit in 2009 with the opportunity to practice in Kolkata. Instead, she was whisked away to Delhi, where, for three consecutive months, she was tortured and raped. Anjali’s story is powerful, but it is not unique. 

Since recording began, the number of global climate migrants has been steadily rising. According to the World Migration Report, over 30 million people were displaced due to climate events in 2020 alone. These events are most commonly severe storms, flooding, drought, and extreme temperatures, which cause individuals, families, and even entire communities to relocate. This rise in displacements juxtaposes the 60% decline in voluntary international travel due to Covid restrictions throughout the year. 

The connection between disasters and migration feels obvious. If an area becomes uninhabitable, people must go somewhere. However, an issue that’s much less obvious and lurks in the unchecked aftermath of a disaster is human trafficking. Trafficking runs rampant in post-disaster states. Social and systemic factors contribute to this sharp increase as social institutions collapse. Specifically, a lack of accountability from law enforcement and difficulty securing aid or resources creates a vacuum quickly filled by crime syndicates. Offering stable employment or promises of resources like food and water, these groups prey on the vulnerable and exploit necessity.

In post-disaster situations and times of high migration, rates of trafficking rise sharply by 30%. Moreover, as climate change exacerbates the impact of natural disasters, more individuals, mainly women and children, will fall victim to the chaos.

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Climate Change and Flooded Cities: A Tale of Human Ingenuity

This thesis was submitted to Western New England University School of Law in 2022 – by Brendan McCarthy

Abstract

We must redesign our coastal cities to mitigate the damage caused by increased storm frequency and severity. To do so, we must elevate environmental urban planning to the forefront of urbanization, so that we are able to adequately mitigate the resulting damage caused by rising sea levels, more powerful storms, and coastal flooding.

Climate Change and Flooded Cities: A Tale of Human IngenuityDownload

Did you enjoy reading this thesis? Make sure to read our article on floods in Bangladesh and beyond.

I am a rising 3L at the Western New England University School of Law with an interest in practicing environmental law upon graduation. Due to this interest, I helped revive the dormant Environmental Law Coalition to bring environmental awareness and sustainability to the forefront of conversation at the school. I graduated from Fairfield University with a double major in Environmental Studies and American Studies, and my time at Fairfield helped solidify my desire to work in the environmental field. I possess a strong belief that the protection of our natural world is necessary to promote human health and wellbeing, and I aim to strengthen these protections as I embark on my legal career.

No edits have been made to maintain the author’s tone of voice.

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Legal Protection for Climate Refugees under the Principle of ‘Loss and Damage’: A Case Study of South Asia

This thesis was submitted to SOAS in 2021 – by Ayesha Shingruf

Abstract

The onset of extreme weather events is creating drastic challenges for people around the world. Studies have shown strong links of climate change with the displacement of people, suggesting that the world will experience unprecedented levels of climate refugees. Because of the increase in the severity and frequency of intense weather conditions, refugee movements will be seen both internally and across international borders. This poses a serious question within international and domestic laws for their ability to offer protection to those displaced by climate change. By offering a case study of South Asia – a region containing some of the world’s most vulnerable countries to climate variability – this paper examines regional laws and policies as well as specific international principles as they relate to refugees. In particular, this research looks at the potential of the Warsaw International Mechanism (WIM) for Loss and Damage to arrive at possible pathways to safeguard rights for climate refugees. Using a human rights based-approach, this paper maintains that the principle of loss and damage will create channels for legal protection to those fleeing their homes due to the harsh changes in their environment.

Legal-Protection-for-Climate-Refugees-under-the-Principle-of-Loss-and-DamageDownload

What inspired you to write and research this piece?

I was born and raised in Lahore, Pakistan. For years, urban cities in Pakistan have consistently ranked as being the most polluted in the world, and some regions have experienced intense flooding and heatwaves. Similar patterns can be seen in India and Bangladesh as well. South Asia is collectively suffering the consequences of this global crisis on its agriculture, economy, human health, and livelihoods as we speak. There is a sense then, of people wanting to move to a different place to live a healthier and safer life. Those who pay attention to this crisis know that migratory movements caused by climate change are already occurring. Unfortunately, such movements will only increase in severity owing to the rise in temperatures coupled with regional conflicts. I wanted to address the fact that there is an absence of legal tools that can offer protection to climate refugees, and explore different frameworks that would help in safeguarding their human rights.

What impact do you hope this research will have?

There is minimal literature and discourse on climate refugees within the context of South Asia. This is alarming because the region is one of the most vulnerable to the impacts of climate change. My only hope is that this drives significant conversation so that attention is paid to this looming threat. This is a collective fight, and a lot of research needs to be carried out to arrive at efficient policies for climate refugees. I look forward to students and academics exploring more pathways that can legally aid climate refugees in the future.

Ayesha Shingruf is a research fellow in climate change education and sustainability at Nottingham Trent University. She is interested in exploring the interplay of climate change, migration, and conflict. Ayesha completed her postgraduate degree in human rights law from SOAS, University of London. In her free time, Ayesha enjoys yoga, surfing, trying new foods, and reading a lot of poetry.

No edits have been made to maintain the author’s tone of voice.

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A Country in ‘Fight and Flight’ – Analysis of the Challenges of a Hybrid Adaptation Policy for the Republic of Kiribati

This thesis was submitted to the University of Sussex in 2021 – by Louisa Gaus

Abstract

The influence of climate change on migration flows is a highly disputed topic, furthermore, the discourse about whether migration is a failure to adapt or an adaptive strategy emerges. The Republic of Kiribati has imminent adaptation needs due to the high dependency of the population on local ecosystems for subsistence and income, prevailing development issues, rapid population growth, and projected climate change impacts. The previous and current administrations deployed otherwise opposing adaptation approaches. Namely, ex situ adaptation, which inevitably leads to relocation, and in situ adaptation policies, approaches deployed ‘in the place’ of residence. Nevertheless, the significant negative implications of a sole prioritisation of one of these approaches suggest an alternative policy. This research argues, alongside other scholars, the emergent need for a hybrid adaptation policy. The aim is to answer the question if in situ and ex situ adaptation approaches can be harmonised or are due to their inherent characteristics incompatible in practice, and, from a practical perspective, what challenges such a hybrid adaptation policy encounters. The findings suggest that, in theory, in situ and ex situ adaptation approaches can be harmonised. However, due to the practical limitations stemming from the economic challenges and the lack of international law frameworks supporting cross-border migration, these adaptation approaches cannot yet be united into a hybrid adaptation policy in Kiribati.

A-Country-in-‘Fight-and-FlightDownload

What inspired you to write and research this piece?

In my opinion, the polarized debate about ex situ and in situ adaptation leaves little space for flexible decision-making. This inspired me to explore this what-if scenario of a hybrid adaptation policy practically.

What impact do you hope this research will have?

Hopefully, this research inspires us to think about climate change and migration not as a ‘fight or flight’ situation, but as an issue which is handled with a solution-oriented perspective and flexible short- and long-term planning.

Growing up in a small town in Southern Germany, I was always curious about other parts of the world. In my community, I engaged from a young age in youth work, such as leading a youth group. In 2015, after graduating from school, I underwent a Voluntary Social Year in the Republic of Kiribati. This stay awakened my passion for climate action and working in an international environment. After returning from overseas in 2016, I followed that passion and started studying ‘International Relations’ at the Rhine-Waal University of Applied Sciences. In 2019, I had the opportunity to intern at the Regional Program for Climate Change and Energy Security of the Konrad Adenauer Foundation and the Hong Kong-America Center in SAR Hong Kong.

In my Bachelor’s thesis, which was submitted in 2020, I researched the impacts of climate change on public health. In 2020, inspired by my past experiences and studies, I started my Master’s degree in ‘Climate Change, Development and Policy’ at the University of Sussex and Institute of Development Studies in Brighton, UK. The result thereof is my thesis on adaptation policies in the Republic of Kiribati. Currently, I am interning at the Gesellschaft für Internationale Zusammenarbeit in Berlin, Germany, and am eager to further engage myself in climate action. In my free time, I enjoy climbing, hiking, doing DIY projects (such as cutting my friends’ hair), and playing the violin and the ukulele.

No edits have been made to maintain the author’s tone of voice.

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Investing Bilateral and Regional Agreements to Accommodate Climate-induced Migration

blue body of water

This thesis was submitted to the University of Pennsylvania in Spring 2021 – by Rachel Steinig

Abstract

Climate change has already begun causing displacement. This isn’t a new problem: since 2008, an average of 24 million people have been displaced each year by catastrophic weather disasters. There are currently at least 100 million forcibly displaced people worldwide – this is the highest level on record ever. However, climate migrants are not considered refugees under international law, according to the definition of a refugee adopted in the 1951 Geneva Convention on Refugees, and thus lack legal protections. In my thesis I investigated the role of existing bilateral and regional agreements to provide protection and asylum for climate refugees. My research question was: what are the conditions under which states agree to legally binding instruments to accommodate climate-induced migration? I collected nine case studies of bilateral and regional agreements that have either been implemented and have provided protection for climate-displaced persons or have been proposed but never implemented. My study presents somewhat of a grim picture for climate-displaced persons. None of my nine case studies provided a convincing example of the feasibility of using current regional or bilateral agreements to accommodate climate-induced displacement. In addition, most governments proved unwilling to even acknowledge climate displacement as a phenomenon. 

Investing-Bilateral-and-Regional-Agreements-to-Accommodate-Climate-induced-MigrationDownload

What inspired you to write and research this piece?

Climate-induced displacement will only be increasing throughout time, and the fact that people displaced by climate change are not considered refugees under international law means that an increasing number of displaced people will be without legal protection or remedy. There isn’t a lot of existing research on the intersection of climate change, migration, and international law, so through my study I wanted to contribute to the budding literature on this topic and explore the feasibility of a potential solution to the lack of international legal protections for climate-displaced persons. 

What impact do you hope this research will have?

Climate-included displacement is a phenomenon that will only be increasing in severity throughout time and requires attention and action at the local, national, and international levels. A key takeaway from my study is that there are no easy answers or solutions to climate-displacement, and that countries of destination will likely oppose the acknowledgement of and accommodation of climate-displaced persons. I hope that my study will positively contribute to the literature and that the amount of research on this topic will increase throughout time.

Rachel Steinig (they/she) works with asylum-seekers in Tijuana as a Project Coordinator with the Border Rights Project of Al Otro Lado, a bi-national legal aid nonprofit. They graduated from the University of Pennsylvania in 2021 with a bachelor’s degree in Political Science, a concentration in International Relations, and triple minors in Latin American and Latinx Studies, Spanish, and Modern Middle Eastern Studies.

She spent the summer after graduation volunteering at a migrant shelter on the Mexico-Guatemala border. In July they will be moving to central Mexico to work as a Human Rights Accompanier with the organization Peace Brigades International. They are dedicated to working in solidarity with asylum-seekers to combat the structural racism and violence of our immigration system and to advocate for a world without borders. She plans on working in international human rights law. 

No edits have been made to maintain the author’s tone of voice.