Md Sami Rahman and Aparajita Banerjee
Law Students at Integrated Law Course Delhi University
1. Introduction
In the world economy, there are two types of economy, one is the formal economy that is under the ambit of the law. Second, is an informal sector in which there is no ambit of the law and a lack of social security. Informal Workers play a major role in the development of the country's economy, especially the developing countries, because in developing countries, there is cheap labour available, and many global companies outsource their work to developing countries. Lack of formal contracts, minimum work protection and absence of social security, workers in the informal sector are vulnerable to economic and environmental problems. The informal sector includes occupations like agriculture and construction activities, which promote the development of basic infrastructure in the country that helps to become developed countries.
Climate change has impacted all over the world and has many ramifications and gives challenges to the right to work In extreme weather conditions. In the world, there is a debate going on about how to tackle the extreme weather event. But continuous rises in temperature, unpredictable weather patterns and natural disasters have exacerbated employment in the informal sector. The situation worsens due to the lack of social security for the employees in the informal sector.
This article examines the right to work in the informal sector, exploring how climate change affects employment, labour rights and economic stability. Moreover, the article delves into legal and policy measures necessary to address these challenges and protect the rights of workers in informal environments.
2. Defining the Overview of the Informal Sector
The informal sector has a range of activities that lack proper implementation of the law. The informal sector consists of a wide range of activities like construction, agriculture, street vendors and domestic others in the house. Workers in the informal sector did not have the proper knowledge about their rules and regulations. Workers include women, migrants and low-income. In India there are estimated total employment in the informal sector is 10.96 crore people[1].There is a slight increase in the number of workers in the informal sector all over the world because of the reduction of jobs in the formal sector. There are many reasons for this, but the major factor is AI enhancing the skills of machines, and there is layoff in the formal sector.
The sector is characterised by a lack of job security, irregular income and poor working conditions in the industry. The problem with all these lies because in the informal sector, there is no contract for the job that undermines their right to get against the arbitrary action of the owner.[2]
Environment risks such as extreme weather patterns like drought, flood, and excessive rainfall further exacerbated the prevailing conditions of the informal sector. The workers, street vendors or agriculture workers are directly affected by extreme weather patterns like floods, drought, rainfall and heat waves which reduce the productivity of the workers or destroy the livelihood of the workers. The workers working as domestic help and construction labour have to work in hazardous conditions, lakandiecurity, lacking safety nets in the event of some environmental disaster.[3]
3. Climate Change and Its Impact on Informal Workers
All over the world, there is a very challenging environment in the world because the rising rates have directly impacted the workers' health. The workers working in the agricultural sector and construction workers there have to work directly or indirectly in the sun, which impacts the health of the workers. In the agricultural sector, there is a low yield productivity because of the changing weather pattern. Workers in the informal sector are very vulnerable to economic uncertainty because most of them earn on their daily lives or seasonal growth that is directly tied to the environmental conditions.[4]The most affected work in employment are
3.1 Agriculture
Agriculture remains the largest employment in the informal sector in developing countries where opportunities in the formal sector are limited due to constraints of resources. The sector is largely composed of small-scale farmers and labourers who work without a formal contract, health insurance and social security making them socially vulnerable to environmental change. Unprecedented changes in the climate further exacerbate the prevailing conditions, disproportionately affecting agriculture through shifting the agriculture pattern.[5]
There is a deep concern in the construction activity because it affects the shift of the agriculture pattern. All over the world, there is a change in the precipitation pattern that alters the harvesting and plantation. In many regions, rainfall patterns have become unpredictable leading to exacerbated floods and drought. The change in weather precipitation decreases the crop yield and productivity of the crop. The frequency of drought declines groundwater which impacts the fertility of the soil decline which ultimately affects overall productivity.[6]
3.2 Construction
Most of the work in the construction has been done in manual labour and is prone to work under climate conditions. Rising temperatures further complicated by increased heat waves present a challenge to the health of manual labour. Mostly the environment in the informal sector lacks necessities like clean water, sanitation and food. Long exposure to the heat can lead to illnesses such as dehydration and exhaustion. These conditions endanger life but also reduce their productivity.[7]
Due to natural disasters like floods, drought and storms. Construction sites prone to this condition can delay the ongoing project which leads to economic loss. Floods can damage or destroy the existing infrastructure materials and equipment leading to the ongoing project. Moreover, storms can lead to working conditions being unsafe forcing workers to stay out of the workplace.[8]
4. International Legal Framework for Workers
Right, to work is essential to live a dignified life. This notion has been accepted all over the world in the form of treaties and conventions. However, there is an increased impact of climate change that poses a threat to the right to work, particularly workers in the informal sector. Climate change is diminishing work opportunities and creating new vulnerabilities to find jobs in harsh climate conditions which exacerbate the prevailing inequality in society.[9] Some of the international legal frameworks in the world are:
4.1 International Covenant on Economic Social and Cultural Rights (ICESCR)
Article 6 of the covenant recognizes the right to work as an essential part of life to live a dignified life[10]. States should promote full-time employment by providing vocational training with education and ensuring proper working conditions for the employees.
However, climate change threatens the realisation of the right, especially in the informal sector. Climate changes such as floods, drought and storms directly affect the livelihood of the workers. Workers in this sector already without legal protection are severely impacted facing job loss and heightened insecurity. Under this treaty, states are required to make climate policies that safeguard employment rights and mitigate the environmental challenges impacting jobs.[11]
4.2 Universal Declaration of Human Rights (UDHR)
Article 23 states that the right to work free choice of employment and provides favourable working conditions and protection against unemployment[12]. It is not a globally binding treaty on the countries although it gives the foundation document all over the world on the consensus that the right to work is a fundamental right for humans to live a dignified life.
Climate change has challenged this right especially in the informal sectors such as agriculture, construction and manual labour. Extreme weather conditions like excessive drought, rainfall and storms impact finding the work. Environmental degradation exacerbates climate change and undermines the concept of sustainable employment opportunities pushing individuals into poor working conditions. The climate-related impact escalates the right to work in danger, particularly in the region of Heaven dependent on the climate-sensitive sector.
5. Indian Legal Framework for Workers
International treaties or conventions are not binding in the countries in that absence domestic law plays a crucial role in recognizing and protecting the right to work. In the Indian constitution, Article 41 makes an obligation for the state to provide the right to work particularly in the case of unemployment, old age and sickness. The provision is part of the Directive Principal of State Policy (DPSP) which cannot be enforced in front of the court but acts as a guide for the policymakers. A program like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) has been developed on the lines of Article 41, its aims to provide employment, and income security in rural areas.
Other than that India has taken measures like making the worker's welfare board get the redressal of the complaints in a timely way. The threat of climate is vulnerable in India because according to the estimate, 28.96 crore workers are working in the informal sector and most are illiterate and do not have social security. Climate changes have negatively impacted their lives and some laws vary according to the region.[13]
6. Potential Legal Claims Because of Climate Change
Climate change induction disruptions such as extreme weather events such as rising sea levels can lead to significant job loss, wage disruption or even labour forced to not work in the climate-sensitive sector of agriculture and construction sector. Loss of work, it can give to rise many legal claims under International and domestic law. Some of the common claims are
6.1 Violation of Right to Work
The right to work is recognized as a fundamental right internationally and domestically and when an individual is not able to get the proper work due to climate change, they may go to court and argue that the government has failed to the adequate measures to mitigate the climate challenges in providing employment thereby infringing the right to work. For instance, Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees the right to work which faces claim if they are not able to give employment.[14]
In India also there will be claims under MGNREGA to give the work and if they are not able to get the work they demand the compensation because government is not able to mitigate the climate-related problems.
6.2 Claims Related to A Clean Environment
In many countries, there are lots of steps taken to make the environment clean like banning petrol and diesel cars, less use of fossil energy and banning deforestation. In many countries, the right to a clean environment becomes the fundamental right recognised through court orders, the Constitution provision and statutory framework. This right sets the obligation for the state to make a clean environment by preventing deforestation and protecting precious natural resources. The cases in which climate change impacts employment are linked to environmental degradation like deforestation, and water pollution affecting individual's ability to pursue environmental rights claims.
For instance, if unsustainable practices like the emission of excessive carbon or industrial pollution led to a change in climate and ultimately loss of jobs in the agricultural and fishing sector, individuals argue that their right to a clean environment has been infringed upon and can demand compensation. By linking environmental degradation to the loss of employment opportunities, the claimant can seek legal redressal for damage.
7. Strengthening Legal Protection to Ensure Employment
It is essential to protect the right to work in changing climate patterns, especially for the workers working in the informal sector. They are already vulnerable state because they lack social security. Climate changes further exacerbated their conditions. To safeguard the proper employment of the informal sector there has to be some proper mechanism.
7.1 Ratify The International Treaties into The Country
The government of the country should implement international treaties like Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) this can act as a cornerstone for making domestic laws that can guarantee the right to work with proper working conditions. The relevant provision of the International Labour Organization (ILO) provides a legal framework that obliges the state to protect labour rights, promote fair employment and ensure access to just work opportunities even amid environmental crises. Furthermore, in the fact of climate change, these treaties must be implemented with a focus on climate resilience. The government should make policies that help to ensure the right to work in the changing climate conditions.
7.2 International Cooperation of The Countries
Climate change is not limited to one region, country or continent but it is beyond all this. It poses a global challenge, particularly in protecting the right to work and the advancement of climate justice. Climate change goes beyond the borders and affects the vulnerable conditions of the informal workers. Governments all over the world and civil societies can collaborate in the implementation of policies that safeguard environmental degradation.
International organisations like the United Nations (UN), the International Labour Organization (ILO) and the World Bank (WB) can play an important role by offering technical and financial support to developing countries. By collaboration, the best knowledge can come out from that and it can be shared with the world and can help to adopt climate-smart policies that protect jobs and help to achieve sustainable development. The Government may engage in multilateral agreements and global initiatives that emphasise climate adaptation.
8. Conclusion
Climate change poses a threat to challenges all over the world, especially the right to work which now become a fundamental right all over the world through constitutional provisions or court orders. The paper explored the challenges faced by workers in the informal sector, especially in the sectors of agriculture and construction sectors. Due to the rise in temperature, erratic weather patterns and extreme weather patterns. Furthermore, the paper examines the existing internal and domestic legal framework designed to protect the right to work and analyses the potential claims that could arise made by the informal workers whose livelihoods are affected.
The paper concludes by emphasising the need for strengthening the legal protection for the informal sector. Implementing international treaties like the International International Covenant on Economic, Social and Cultural Rights (ICESCR) and implementing relevant International Labour Organization (ILO) provisions can provide a strong foundation for domestic laws safeguarding workers' rights. International cooperation among governments and organisations like the UN, ILO, and World Bank is crucial for knowledge sharing, technical assistance, and financial support to develop climate-resilient policies. Finally, the paper underscores the importance of integrating climate adaptation strategies into national development plans to ensure a just transition towards a sustainable future of work for all, especially the most vulnerable informal workers.
[1] Explained: The State of India’s informal economy, what the numbers say on Jobs The Indian Express, https://indianexpress.com/article/explained/explained-economics/explained-the-state-of-indias-informal-economy-9459931/lite/ (last visited Oct 1, 2024)
[2] The challenges of informality World Bank Blogs, https://blogs.worldbank.org/en/developmenttalk/challengesinformality#:~:text=While%20offering%20the%20advantage%20of,and%20poverty%20and%20income%20inequality. (last visited Oct 2, 2024)
[3] Informal sector and the environment (R. B. Swain & U. Kambhampati ed., ROUTLEDGE) (2024)
[4] Informal Sector Workers in climate change Times of India Blog, https://timesofindia.indiatimes.com/readersblog/unorganisedworkers/informal-sector-workers-in-climate-change-49815/ (last visited Oct 3, 2024)
[5] Climate Change and Agriculture A Perfect Storm in Farm Country Union of Concerned Scientists, https://www.ucsusa.org/resources/climate-change-and-agriculture (last visited Oct 3, 2024)
[6] Changing rainfall patterns & its effect on Agriculture SourceTrace Systems, https://sourcetrace.com/blog/changing-rainfall-patterns-effect-agriculture/ (last visited Oct 4, 2024)
[7] How extreme weather is impacting the construction industry How Extreme Weather is Impacting the Construction Industry, https://cmicglobal.com/resources/article/extreme-weather-the-construction-industry (last visited Oct 4, 2024)
[8] The impact of natural catastrophe risks on Construction Projects WTW, https://www.wtwco.com/en-se/insights/2024/01/the-impact-of-natural-catastrophe-risks-on-construction-projects (last visited Oct 4, 2024)
[9] Informal Workers and the law WIEGO, https://www.wiego.org/informal-workers-and-law (last visited Oct 14, 2024)
[10] International Covenant on Economic, Social and Cultural Rights, art. 6, Dec. 16, 1966, 993 U.N.T.S. 3.
[11] International Covenant on Economic, Social and Cultural Rights Tackling Violence against Women, https://blogs.lse.ac.uk/vaw/int/treaty-bodies/international-covenant-on-economic-social-and-cultural-rights/ (last visited Oct 5, 2024)
[12] Universal Declaration of Human Rights, art. 23, G.A. Res. 217A (III), U.N. Doc. A/810 at 71 (1948).
[13] Informal economy in South Asia International Labour Organization, https://www.ilo.org/regions-and-countries/asia-and-pacific/countries-covered-ilo-regional-office-asia-and-pacific/ilo-india-and-south-asia/areas-work/informal-economy-south-asia#:~:text=India%20has%20undertaken%20a%20number,%2C%20and%20Workers’%20Welfare%20Boards (last visited Oct 5, 2024)
[14] BARRY S. LEVY, JONATHAN A. PATZ, CLIMATE CHANGE, HUMAN RIGHTS, AND SOCIAL JUSTICE, ANNALS OF GLOBAL HEALTH, Volume 81, Issue 3, 2015, 310-322, ISSN 2214-9996, https://doi.org/10.1016/j.aogh.2015.08.008. (https://www.sciencedirect.com/science/article/pii/S2214999615012242)
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