On 10th December, I was invited by the Chairman of Human Rights Commission (Dr. Mizanur Rahman Khan) to speak on “Working for Your Rights”. We could not celebrate the anniversary of the universal human rights day. In the twilight of Friday we have assembled here to discuss on human rights and climate justice. Today is the 14th human rights summer school organized by “Empowerment through Law of the Common People (ELCOP)”.
December is the auspicious month for us. Apart from universal human rights day we observe our victory day this month. In our national song “Sonar Bangla” the Augrahayan, the corresponding Bangla month for the first part of the December has been mentioned. Personally I am tied to this month as the starting point of my journey. December is known for new rice festival and various kinds of cakes and pancakes. ELCOP could not have chosen a better time for launching their summer school.
On 7 December 1971, Pakistan’s first general election was held for the National Assembly for the framing of the Constitution of Pakistan. The people of East Pakistan elected 167 out of 169 representatives belonging to the Awami League. On 1 March 1971, the National Assembly’s session, scheduled for 3 March 1971, was arbitrarily postponed for an indefinite period. On the night of 25/26 March 1971, “disregard and contempt for human rights” by the Pakistani military junta “resulted in barbarous acts” in then East Pakistan, now called Bangladesh. We were “compelled to have recourse, as a last resort, to rebellion against tyranny and aggression”. The quoted words are from the preamble to the Universal Declaration of Human rights, 1948, which so correctly envisages a situation like the one that prevailed in 1971 in Bangladesh. The non-cooperation movement, started on 07 March 1971, was soon transformed into a war of liberation.
Democracy and human rights were our war cries in the war of liberation. We invoke them in the preamble to our constitution and they are among the fundamental principles of our state policy. Most of the human rights mentioned in the United Nation declaration for our constitution. Further the right to move the High Court Division for the enforcement of such rights is recognised as a fundamental right and is guaranteed.
Climate change is the most critical issue we all face for the future of our planet. The adverse effects of climate change are already evident. It is the global nature of climate change that “calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions” (UNFCCC Preamble)
While there is no recognition of a right to a safe climate at international law there has been some recognition of a right to an adequate environment. For example Article 1 of the Aarhus Convention states:
“In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.”
A number of existing human rights reply on a safe climate for their complete realisation. These include many civil, political, economic, social and cultural rights. For example rights to life, health, adequate standard of living, property, self-determination and just and favourable conditions of work all may rely on conditions of a safe climate.
A human rights framework is essential for understanding the urgency of acting on climate change and is necessary to communicate fully the impact climate change will have on us.
Radicals and conservatives are opposed to each other on the question of human approach to climate change. According to the radicals, the solutions to systematic repression, exploitation, and the climate crisis are the same. Climate Justice means linking all struggles together that reject neo-liberal markets and working toward a world that puts autonomous decision making power in the hands of the communities. More and more peoples are now coming to the realisation that it is social movements, not so much the governments that have the power to make the necessary changes to solve the climate crisis. But we must remember that it is the governments who can effectively deliver the remedies.
The awareness of human rights is widening all over the world. Our administrators are yet to cope successfully with the human rights problems facing every day. The strategy of human rights movement has to be carefully worked out after taking due account of a country’s total situation including its religion, culture and economy. Where loyalty to one’s religion is basic and fundamental, people will not want to listen to proposals for reform coming from those of other faiths. Internationalisation of a question touching a raw religious issue may backfire and even retard the progress of human rights in non-controversial issues.
We have seen the fate of Kyoto protocol. In the near future there may not be any consensus on the problem of climate change. USA is not prepared to make any change in her way of live. China, India and other industrially rising nations are more interested with development, less with its sustainable development. Till the nations of the world come to any agreement to sustainability each government should try to minimise the evils of climate change. We have seen in our own country occupation of river banks by interlopers, pollution of river-beds and endangering of forest by erecting toxic plants.
Where there are rights, there arises the questions of remedies against violation and denial of rights. Such violation and denial of rights may be challenged in court and may be protested by way of passive resistance. Passive resistance may be utilised to confront unjust law and principles.
Our new generation lawyers is trying to evolve a new jurisprudence, new designs of legal activism and modes of legal services. They fervently wish that our inherited laws and traditions be adjusted to human rights and contemporary conditions.
To some up, climate change is among the greatest threats to human rights in human history. It is already violating human rights especially of those who are vulnerable. States are duty-bound to protect the rights of their own people and people everywhere. Mechanisms are required to redress past injustices and realize the right to development. Affirmation action is essential to ensure representation of countries and peoples in relevant international forums.
(13th December 2013, the Chief guests’ inaugural address.)
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Muhammad Habibur Rahman is a former chief justice and the chief adviser of caretaker government 1996.
