Campaigns : Action Against Climate Change
National Peoples Tribunal on Climate Change
Climate Change is no longer a mere speculation. It has become a reality and is affecting communities/nations across the world albeit in varied degrees. It is intensely affecting our lives- whether in terms of food security, health, livelihood, displacement from inhabitation et.al. Having anticipated such a threat from climate change, the United Nations Framework Convention on Climate Change (UNFCCC) was formed at Rio (1992)- to globally find a solution to such an impending threat. But the fact that so far no effective international agreement on, how best to deal with the problem has been evolved or put in action; speaks volumes about how Govts. of certain countries are trying to run away from their share of responsibility and thereby failing to recognize their historical contribution to aggravating the Climate Change situation.
International negotiations are important for India as a means to reduce or postpone future vulnerability by getting the developed countries to reduce their emissions. But the important question that needs to be addressed is -how do we ensure that we have a fair share of the global environmental space? The answer lies in an equitable climate regime, which holds the key to limiting the risks from climate change impacts on poor developing countries. While on one hand India should be an active and decisive partner, along with other developing countries, in climate change negotiations at the international level, the Govt of India also needs to look internally and take steps to put in place a legal framework which is binding on stakeholders including the State; for mitigating and adapting to effects of climate change.
The National Peoples’ Tribunal on climate change is one such attempt by representatives of Indian Civil Society- to explore legal spaces available in existing framework, to generate state responsibility and accountability for violations of range of rights of the people resulting from effects of climate change. While the Tribunal will assert the rights of developing countries to seek assistance from developed countries on account of their historical role in bringing about climate crisis, it will also look into the possibility of invoking existing legal provisions and statute for restitution of critical rights of people in the national framework and advocate for an improved legal and regulatory mechanism on climate change.
The Tribunal will entail presentation of testimonies by affected parties supported by those of Expert Witnesses. The impact and effects of climate change on Women will be the special focus of this tribunal. Testimonies from the affected people/ group etc. are being invited from the regions of flood plains, the flood prone areas, the drought prone areas, the coastal regions (which have witnessed coastal erosion et.al). Since the Tribunal will be a national event, our aim is to have a good representation of all the concerned regions.
The National peoples Tribunal will develop Peoples jurisprudence on climate change. Despite the deficient legal framework on climate change laws, Many actions on climate change might not succeed in the absence of proof of causation; however, they show a rising public and juridical opinion to seek legal redress to impacts of climate change. In the circumstances, it is only desirable that more such actions are brought to judicial, quasi judicial and peoples forum. The National Peoples Tribunal will explore legal spaces available to generate state accountability to mitigate and protect people from climate change impacts. Besides, it would also send a strong message to the developed countries to conclude a fair and just climate deal.
For more information about National Peoples Tribunal please click on the links.
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