Climate change has been an unprecedented challenge of the global community, imposing a threat to the well-being of the present and the future generations. While it affects everyone, some groups based on their social, economic and cultural status face even greater risks. UN Resolution 77/276 has requested the International Court of Justice to render an advisory opinion regarding the obligations of the state and the legal consequences on the issue of climate change. In the statement before the International Court of Justice, Nepal pointed out its negligible contribution of 0.027 percent to the global emission of greenhouse gases, and render the need of principle of common but differentiated responsibility and international equity, while also asking for the specific consideration to even more vulnerable groups, namely, women, persons with disabilities, minorities and indigenous people. The words are bold and loud, Nepal seeks for environmental justice.
Poverty and environment
Environment cannot be preserved or promoted in the conditions of poverty. According to the Fourth Nepal Living Standards Survey 2022-23, 20.27 percent of the population lived under the poverty line in 2023 in Nepal. This sheer condition reflects the need for more development, industrialization, infrastructures and resources. Nepal has even more challenges than the developed countries to improve the conditions of the life of people including food, shelter and housing without despoiling the nature and the beauty of the environment. Additionally, climate change has been “the payment we are making for a bad ‘karma’, we did not create”. The harsh environmental conditions have only added to the woes to the poor, thanks to the drought, flood, landslides and other natural calamities leading to the decline in food production, dried up water resources, damaged infrastructure, decimated ecosystems, destroyed lands and livestock. The crises of climate change have been only the burden to Nepal, already struggling to uplift the living conditions of the people. Thus, there must be more equitable sharing of environmental costs and greater international interest in the sustainable development, environmental protection and meeting the requisite of the people.
Equity and justice
While taking the voice of the vulnerable groups to the global forum, the behavior of the state to achieve fairness, equity and the elimination of discrimination in environmental benefits and burden is crucial. Infrastructure and significant development projects in Nepal are often carried out without meaningful consultation of the affected indigenous communities or minorities. The participation of women, people with disabilities and minorities are often undermined in the decision making processes related to environmental policies, regulations and projects. One of the prominent examples is the recent Pathibhara Cable Car Project which sparked heavy protest as it threatened the destruction of indigenous land, trees, vegetation and animals of ‘Mukkumlung’, undermining the Limbu Culture and the sovereignty of the local people. Many scholars even raised the question over the necessity of the project.
The women, indigenous communities, and ancient Nepalese culture have always been near to the environment and its protection in its lifestyle and way of life. The harms caused by the developmental projects on the natural and cultural resources are long-term, and cannot be just weighed in the narrow financial terms. So, Nepal itself has the obligation to make sure its laws, plans and policies do not adversely affect the indigenous and other vulnerable groups, and their environment. After all, everyone is liable to the vulnerability and oppression of the minorities unless their rights are respected, protected and fulfilled. Development projects are cardinal in order to ensure that everyone acquires all the means of the basic needs required for the sustenance and well-being. It can be possible only if the state is concerned enough to adapt the co-existence in harmony with nature, utilizing the natural resources without exploiting and destroying them haphazardly, based on equitable and egalitarian approach, and most importantly, not limited to the shining black letters.
Paradigm shift in the environmental justice
It cannot be forgotten that, in any kind of justice, equality is not enough, and liberty is also essential for the attainment of any goal including environmental protection and sustainable development. Enablement is a certain illusionary system and mechanism to keep people living in injustice leaving them totally dependent for their existence and ultimately grinding them down their self-worth and self-respect. Differentiating it with the mechanism that helps an individual lift out of poverty and their condition, and become a full independent person is utmost necessary. Nepal’s laws, plans and policies must go beyond the vicious cycle of dependency to development of the capacity with the realization of rights, potential and freedom.
