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Nov 711 min read

Vulnerable Voices: Indigenous Communities on the Frontlines of Climate Change

Sneha singh and Shrishti Shrivastava


1st year law students at Dharmashastra National Law University


“I came across a dream about a pandemic and in the dream, it was all about our co-existence, living in harmony with nature.” - Adam Ole Mwarabu of the Maasai people in Tanzania”1

 Climate Change is not just a global issue but something that has altered how every living being

 experiences life. United Nations defines climate change as “long-term temperature and weather

 patterns shift.” World Meteorological Organization says “Changes in the state of the climate that

 can be identified by changes in the average and the variability of its properties and that persists for an extended period, typically decades or longer.”2 NASA says “Climate change is a long-term

change in the average weather patterns that have come to define Earth’s local, regional and global

 climates. These changes have a broad range of observed effects that are synonymous with the term.”3 According to the Intergovernmental Panel for Climate Change (IPCC), “Climate change

refers to a change in the state of the climate that can be identified (e.g., by using statistical tests)

by changes in the mean and/or the variability of its properties and that persists for an extended period, typically decades or longer.”4





 


 The formally accepted definitions of climate change are just words on paper which may not work unless we do. We may understand what climate change is, its impacts on human society and the dangers that it poses on upcoming civilizations. It is a well-known fact that climate change is caused primarily by human activities. Species and areas that were once untouched are now directly under the threat of climate change.

 

But the focus of this article is on the communities that have historically faced injustice and have been excluded from the political and decision-making processes. The problem of Climate Change has exacerbated their situation to the point where it not only threatens their survival but has snatched away from them their personal identity, tearing them from connections to their land. Thousands have been displaced and marginalized from their own lands because of the disastrous effects of climate change, adding on to their already existing injustices.

 

Among these affected groups, Indigenous people stand out as one of the most vulnerable communities. Although the term ‘indigenous people’ is not formally defined by any of the international organizations as such, we can describe them as people who have a distinct culture that shares collective ancestral ties to their land and natural resources where they live. Indigenous people share an intricate relationship with the natural environment and are known for their dependency on these ecosystems. “There are an estimated 476 million Indigenous Peoples worldwide. Although they make up just 6 percent of the global population, they account for about 19 percent of the extreme poor.” 5

 

Among the many other factors responsible for climate change, one is definitely the human factor. But does every individual contribute to the crisis equally? The recent report suggests otherwise. As per the Oxfam report “the richest 1% accounts for more carbon emissions than poorest 66% with dire consequences for vulnerable communities and global efforts to tackle the climate emergency.” They are also termed the ‘polluter elite’. While the wealthiest enjoy their air-conditioned lives, exploiting most of the natural resources that are meant for everybody and still manage to be the least sufferers of climate change. The report shows that their emissions – 5.9bn Tonnes of CO2 in 2019-are responsible for most of the suffering. The super rich with their extravagant lifestyles-private jets, cars, yachts, etc. emit carbon at levels 77 times above what is

needed to limit global warming to 1.5°C. exacerbating the climate crisis6. Paradoxically, indigenous peoples, whose livelihood activities are most respectful of nature and the environment, suffer immediately and directly from climate change and its consequences. It is ironic because indigenous people help protect the environment, through their deep understanding of traditional practices and methods. They live close to nature, promoting practices that restore ecological balance and biodiversity, but they are the ones who bear the brunt of climate change directly and disproportionately.

 

Issues often go unnoticed because of the area they live in and the lack of awareness of their own rights and liberties. Hence, the role of the judiciary comes into the picture. Climate litigation has the potential to bring light to obstacles of indigenous people. It is a sad fact that the people that we aim to protect are unaware of such processes which has the capacity to bring these obstacles to the forefront and can serve as the guiding light in then recognition of indigenous rights and sovereignty. There are many examples where climate change litigation has held the government and companies accountable for their actions that not only harm the environment but also are in violation of fundamental rights of people. In the case of Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985)7 there was unauthorized and illegal limestone quarrying in the Mussoorie hills which caused harm to the environment, affected water sources and posed several health hazards to the local people due to which the court then intervened and emphasized protecting the environment and maintaining that ecological balance is a collective responsibility, emphasizing on Article 51A(g) of the constitution and ensuring that the government must strike a balance between environment protection and development. The worsening policies and insufficient climate actions deserve scrutiny by the courts to compel the entities to be less entitled and more responsible. Climate litigation is one way to achieve this as we observed in this case.


 

 

In India right to a clean environment is guaranteed under article 21 of the constitution. The Indian constitution also includes various provisions such as article 48A- according to which state take steps to protect and improve the environment, article 51A(g) which states that it is the duty of every citizen to preserve and protect the environment. Around the world courts and governments are increasingly recognizing the importance of right to live in a clean and healthy environment. In 2022 UN declared healthy environment as a human right in an historic move, although the resolution is not binding on the 193 UN member states but at least it can compel the countries to enforce right to a healthy environment in their national constitutions and reinforce policies that does less harm but better. The European Union also has enshrined some strict environmental policies in its constitution and also integrates “polluter pays” principle in its legal framework.

 

We also have some agreements and international conventions that recognizes the rights and concerns of indigenous people. “Over the last 30 years, Indigenous Peoples’ rights have been increasingly recognized through the adoption of international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007, the American Declaration on the Rights of Indigenous Peoples in 2016, the Regional Agreement on Access to Information, Public Participation and Justice in Environmental matters in Latin America and the Caribbean (Escazú Agreement) in 2021 and the Indigenous and Tribal Peoples Convention from 1991. At the same time, global institutional mechanisms have been created to promote Indigenous peoples’ rights such as the United Nations Permanent Forum on Indigenous Issues (UNPFII), the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), and the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSR).”8 Many discussions and dialogues have also taken place with regards to the rights and liberties of indigenous people but how much has these initiatives truly made a difference especially at the grassroots level, remains an unanswered question.

 

In order to understand the situation more deeply let’s have a look at the case study of Mishing tribe of Assam


 

The Mishing Tribe: A story of hope and resilience

The Mishing (Miri) are one of the major tribes of Assam in the Brahmaputra Valley. The Brahmaputra River which plays a major role in the lives of Mishing people has also become a reason for distress. Due to changing of whether patterns and melting of glaciers in the Himalayas the area is flood prone because of which these people face innumerable challenges.

 

Mahadi belongs to the Mishing tribe living in the Lakhimpur district of Assam. Mishing are known for their hard work and resilience. Their mitigation practices and traditional knowledge are not unknown to the world. Mahadi is one such individual. She is engaged in agricultural work and is focused on traditional activities like weaving. She and her children live in a house made of bamboo and thatch elevated above the ground to protect against frequent floods. Her two daughters go to a local village school, the conditions of which are distressing because of the secluded area in which the school is located. The teachers avoid coming to the schools, especially during monsoons reason being the floods which make the place secluded and unsafe. Mahadi’s husband had migrated to a nearby place due to the lack of opportunities and in search of better livelihood options as the floods have been wreaking havoc on their only source of income which is agriculture. Most of the people migrating are boatsmen as the completion of India’s longest road cum railway bridge, that is the Bogi Beel Bridge, has turned out to be a bane for the local boatmen after they ran out of work. Mishing who were escaping the floods attempted to settle in the reserve forest, but were met with opposition from local communities. Mahadi observes that her village has taken a deserted look because of a large-scale exodus of people. Changing rainfall patterns, and extreme whether events have made farming difficult. This also shows the impact of climate change that affects men and women disproportionately, as it is easier for the husband to migrate and get absorbed elsewhere. On the other hand,women are burdened with additional responsibilities like agriculture which is laborious and comprises with their health. The rising floods and the economic impact of these floods have compelled people to migrate from their ancestral lands, resulting in the loss of cultural ties and traditional community structures. Mahadi has nightmares that one day her village and home will get washed away, and she is uncertain of the existence of her village. She worries about the future of her children. Mahadi is unaware of the Kyoto Protocol or the Paris Agreement is. She fears that her daughters will have to drop out of school, but still, she has hope that one day her concerns will be addressed by the government. This is not just the story of Mahadi but thousands of other people who are living on the edge like her. A tale of hope, belief and grief.

 This the stark reality that climate change has not only threatened the survival of Indigenous people but also altered their way of life and undermined the traditional practices and customs which they used to follow.

 

“We have a mother, and that mother is our territories, our common home of all the indigenous people and everyone who inhabits this earth.” - Maximiliano Ferrer, general secretary of the national coordination of indigenous people of Panama9.

 

“In Latin America today, nearly half of all Indigenous peoples have migrated to urban areas due to land degradation, territorial dispossession, climate change and conflict,” according to the World Bank. “Indigenous peoples represent just six percent of the global population, but the World Bank estimates they help steward 80 percent of the planet’s remaining biodiversity.”

 

“We’re now seeing Indigenous populations engaging in temporary and permanent movements to cities.”10

 

Despite countless international agreements, protocols, and legal frameworks for the protection of Indigenous people, the reality remains grim. These people are unaware that such policies even exist for them. There is a legal barrier due to weak recognition of Indigenous land rights, as most of the tribal people have no idea that they have to assert their legal rights on their land. Frequent conflict arises between the local and indigenous communities because of forced migration from their ancestral lands. These communities are left in the dark about their rights and their voices are stifled by powerful corporations. Advocates who have advocated for their rights have to face severe consequences resulting from political pressure that can even lead to death in some cases.

 

One such case is the case of Soni Sori- she has faced persecution, death threats, sexual harassment, reason being her activism and fight for tribal rights particularly the Adivasi Communities of Chhattisgarh. “In 2011 she was imprisoned on trumped-up charges relating to eight cases where she was accused of being involved in attacks against the police. In prison, she repeatedly suffered torture and sexual harassment by prison staff. By April 2013, she had been acquitted of six of the eight cases filed against her. She was released in 2014 and has since been repeatedly subjected to harassment and intimidation by the police.”11 She gave a voice to the voiceless and fought for the greater rights of the tribal people, but the authorities made every effort to suppress her voice.

 

As a state, a person who believes in basic human rights, as a community, and as providers of justice where are we lacking? The rights of indigenous people are internationally recognized, but the level of effectiveness and lack of consistent efforts is a point of contention. The highly centralized system has created many loopholes in the existing frameworks which can make even policymakers doubt their policies. What problems exist at the ground level; how can we address them? What is the classification of the tribal communities living at the edge? Are they even aware of the problems they are facing? What do they know about climate change? We may have formulated thousands of conventions, and we still are yet to find comprehensive research by the policymakers to these basic questions.

 

The decision-making bodies need to include disadvantaged communities from different areas. Indigenous people face financial constraints in adopting their mitigation practices; governments need to cooperate with them and work together to build resilience. This cooperation should also include working on infrastructure of schools, by providing them with capable teachers throughout the year, so that the students can acquire quality education. The curriculum may include climate-related education so at least the upcoming generations are aware of the existing issues and can work on them in the future, and for the present generation they need to be aware of their own legal rights to protect their sovereignty, and assert their voice against harmful development. “Until tribal sovereignty is universally recognized and equitable funding provided, tribal regulation of the Indian country environment will continue to be discounted and its legitimacy challenged.”12 The Indigenous people, through litigation can hold those accountable which are responsible for their exploitation and encouraging broader climate discussions to be a part of the decision-making process by highlighting their unique vulnerabilities. In 2021, the U.S. Supreme Court, quoting one of its earlier decisions, confirmed that “Indian tribes [are] distinct, independent political communities exercising sovereign authority.”13 “If the role of Tribes and their concerns are to be visible, accepted, and encompassed within these efforts to alleviate environmental injustices, environmentalists and the mainstream environmental justice community simply must understand, consider, and respect these differences.”14

 


Conclusion

 The Indigenous people are on the frontline, suffering the direct consequences of climate change. Their distinct features, practices, and social groups must be recognized, especially in a diverse country like India, while providing justice. We must not turn a blind eye to the oppression and historical injustices that these communities have suffered and must avoid repeating the mistakes of the past. We should include them in the mainstream environmental justice movement to address their unique differences and vulnerabilities, and these differences must be respected. Collaborative efforts must be made by the Government to develop more equitable solutions which will benefit everyone. Climate Change Litigation is a tool, and this tool must be exercised with caution to drive further action on Climate Change in the future. The voice of the Indigenous people must be louder than the rising tides of Climate Change.


 



 1 10 Pieces Of Wisdom For 2022 From Indigenous Leaders Around The World, World Economic Forum (Jan. 20, 2022), https://www.weforum.org/agenda/2022/01/wisdom-indigenous-leaders-world-2022-climate-change/.

 3 What Is Climate Change?, NASA Science https://science.nasa.gov/climate-change/what-is-climate-change/.

 4  Understanding the impacts of climate change and the path to effective adaptation, The Indian Express (Oct. 11, 2024), https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/impacts-of-climate-change-and-the-path-to-effective-adaptation-upsc-9615607/.

 5 Indigenous Peoples, (Dec. 5, 2018), https://www.worldbank.org/en/topic/indigenouspeoples.

 7 Rural Litigation and Entitlement Kendra & Ors v. State of Uttar Pradesh & Ors, UNEP Law and Environment Assistance Platform (Dec. 18, 1986), https://leap.unep.org/en/countries/in/national-case-law/rural-litigation-and-entitlement-kendra-ors-v-state-uttar-pradesh.

8 World Bank Group, Earth Day Marks Entry Into Force of Escazú Agreement, a New Environmental Law Treaty for Latin America and the Caribbean, (Apr. 23, 2021), https://www.worldbank.org/en/news/feature/2021/04/22/earth-day-marks-entry-into-force-of-escaz-agreement-a-new-environmental-law-treaty-for-latin-america-and-the-caribbean.

 10Neil Giardino, ‘Nothing left’: How climate change pushes Indigenous people from their land, Al Jazeera (May 19, 2024), https://www.aljazeera.com/features/longform/2024/5/19/nothing-left-how-climate-change-pushes-indigenous-people-from-their-land.

 11 Case History: Soni Sori, Front Line Defenders (Mar. 14, 2016), https://www.frontlinedefenders.org/en/case/case-history-soni-sori.

12 Jana L. Walker, Jennifer L. Bradley & Timothy J. Humphrey, A Closer Look at Environmental Injustice in Indian Country, 1 Seattle J. Soc. Just. 379 (2002). 

14 Jana L. Walker, Jennifer L. Bradley & Timothy J. Humphrey, A Closer Look at Environmental Injustice in Indian Country, 1 Seattle J. Soc. Just. 379 (2002).


 

 

 





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