CLIMATE change poses an existential threat to human rights around the globe, with Pakistan among the most affected nations.
Climate change contributes to poverty, displaces populations and threatens basic human rights such as the right to life, health, food and shelter.
As climate change’s adverse impacts worsen, the role of international law and global frameworks—particularly the outcomes of the 29th Conference of the Parties of the United Nations Climate Change Conference (COP29)—becomes more important in addressing these issues.
Pakistan is ranked among the top ten countries most affected by climate change.
The consequences are widespread and complex, involving the most vulnerable populations.
The increasing severity and frequency of natural disasters in Pakistan are some of the most visible effects of climate change.
The catastrophic floods of 2022 provide a glaring example, which displaced over 33 million people, damaged 2.5 million homes and caused immense human suffering.
It has affected the right to livelihood and housing mentioned in Articles 23 and 25 of the Universal Declaration of Human Rights 1948 (UDHR).
The recovery efforts were slow, leaving many people without a stable income and forced migration.
There is no legal protection for climate refugees, which results in the violation of Article 13 of the UDHR and Article 12 of the ICCPR.
Pakistan’s extreme weather, such as heat waves and floods, has led to numerous challenges in the health and well-being of the people, which has resulted in severe medical conditions and increased mortality rate.
The intense heat wave in 2024 led to the deaths of the most vulnerable, which diminishes the basic right to life mentioned in Article 6 of ICCPR and the right to Health incorporated in Article 25 of UDHR.
Moreover, these disasters also impact fundamental human rights, clean water and sanitation, as mentioned in Articles 11 and 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Rising sea levels in coastal areas like Gwadar have resulted in saltwater intrusion, rendering agricultural lands infertile and limiting access to clean water.
Moreover, the extreme weather conditions have also affected the right to education mentioned in Article 13 of ICESR by damaging educational institutions, prolonging closures or forced closure due to extreme weather, and even smog.
Severe deforestation, air pollution and water scarcity are also glaring climate change impacts that have compromised the right to a healthy environment recognized under UNGA Resolution 76/300.
The government’s inability to control the damages of climate change has been legally challenged with cases like Asghar Leghari v.
Federation of Pakistan, which emphasizes that there is a crucial need to implement effective policy for the protection of environmental rights.
This degradation of the environment has extensive socioeconomic repercussions, which have increased the vulnerabilities of women and children.
Poverty-stricken families in some flood-affected areas turn to forced marriages of young girls as a way to survive, which is a violation of Article 16(2) of the UN Convention on the Rights of the Child (CRC) and Pakistan is a signatory of this convention.
These practices emphasise the link between climate change, gender inequality and human rights violations.
Climate-related disasters also create socio-economic tensions that sustain cycles of poverty, exploitation and violence based on gender.
International law provides a significant structure for addressing climate change and its consequences for human rights.
Article 2 of the Paris Agreement, a landmark treaty on climate change adopted in 2015, highlights countries’ obligation to keep global temperature rise below 2 degrees Celsius while also recognising the importance of human rights in climate action.
Climate justice remains a pressing concern for countries such as Pakistan, which take the heavy burden of climate change while contributing barely to the world’s emissions of greenhouse gases.
Other important international frameworks are the United Nations Framework Convention on Climate Change (UNFCCC) and the Sendai Framework for Disaster Risk Reduction.
The concept of “common but differentiated responsibilities” (CBDR) is incorporated in Article 3.1 of the United Nations Framework Convention on Climate Change (UNFCCC), which acknowledges that developed countries should bear the burden for minimising the impact of climate change on developing and underdeveloped countries.
This principle is critical to making certain that countries such as Pakistan receive the financial and technical assistance they require for harnessing the impact of climate change and safeguarding the rights of citizens.
The latest Conference of the Parties (COP29), held in Baku, Azerbaijan, defined a watershed moment in global climate governance.
One of the most significant results was the responsibility of the developed world to provide at least $300 billion per year to developing countries by 2035, which is still much lower than what was expected from this conference.
This financial commitment is intended to promote climate adaptation, mitigation measures and loss-and-damage plans.
Pakistan, being the most affected, requires access to these resources to reconstruct infrastructure, improve its resilience to disasters, and protect human rights.
Pakistan has joined a coalition of nations promoting a global treaty that would gradually phase out fossil fuels.
This initiative is consistent with the country’s recognition that switching to renewable energy is critical for mitigating climate vulnerability and ensuring sustainable development.
However, Pakistan’s substantial dependency on fossil fuel imports, and the fact that a large portion of its population lacks access to electricity.
It is essential for a country like Pakistan, which faces the devastating impacts of climate change, to adopt a comprehensive approach that integrates international climate law and the outcomes of COP 29, which should strengthen the climate change policies.
Therefore, Pakistan should enhance its nationally determined contributions (NDCs) to reduce emissions and to achieve climate resilience.
Moreover, Pakistan should adopt climate-resilient development plans to protect the vulnerable population and foster sustainable development.
COP 29 also highlighted the need to adopt a just and inclusive Climate Plan.
There is also the need to strengthen the legislation on climate change by fully enforcing the Climate Change Act 2017, Climate Change Policy 2012 & the Framework for Implementation of Climate Change Policy 2014-2030.
Pakistan must also integrate domestic constitutional principles with international environmental law by understanding the climate justice and the need for sustainable resource management as highlighted by honourable Justice Mansoor Ali Shah in the Asghar Leghari v.
Federation of Pakistan.
It is important to incorporate climate rights in national laws in line with international human rights law.
This can be done by integrating the right to a healthy environment in the Fundamental Rights sections of its constitution or by proposing new national legislation.
This is also the recommendation given by the UN’s Human Rights Council in Resolution 48/13.
We must also look at the recommendations of honourable Justice Jawad Hassan in Shaikh Asim Farooq v.
Federation of Pakistan and others regarding protecting the biological diversity of Pakistan, which focuses on robust Biodiversity Action Plan (BAP), establishing gene banks, seed banks, botanical gardens, nature reserves, protection of costal and marine ecosystem etc which will protect the ecosystem as a whole.
Pakistan needs a multifaceted approach that incorporates an international framework in the national climate action plan.
It can move towards a more resilient and sustainable future by protecting human rights but also the ecosystem by implementing COP 29 outcomes and international law obligations, which focus on adaptation, climate justice, and green development.
—The writer is a International Law expert with a rich experience in negotiation, mediation and Alternate Dis
