Blog: Human Rights and the Environment
- Page 1 of 4
July 12, 2021
Testing the Water: Using ‘OPERA’ to Assess How the Right to Water in India Is Protected in a Changing Climate
Posted by Laura Bach
Editor’s Note: This blog was first published by the Center for Economic and Social Rights (CESR). It highlights research being conducted by the Clinic and its partners using ‘OPERA’, an analytical tool developed to aid advocates monitoring progress on economic and social rights.
As a second-year law student enrolled this spring in the International Human Rights Clinic at Harvard Law School, I joined a team of four focused on analyzing the Indian government’s obligation under international human rights law to ensure equal enjoyment of the right to water by all. Although we were working in partnership with CESR and Nazdeek, a Delhi-based legal empowerment organization—two groups well acquainted with issues of socio-economic rights—the prospect of assessing these rights in the context of climate change felt overwhelming.
What, specifically, must a government do to meet its human rights obligations? What should be made of government inaction? Is the standard the same for all countries? A related thread followed shortly after that inquiry: Does climate change and its impact on water change this calculus? As someone who went to law school in part as a result of being, well, bad at science, this line of questioning was beyond my comfort zone!
Luckily for me, CESR’s OPERA framework served as a useful guide, shepherding my team’s research while ensuring we had the flexibility to set many of our own parameters. OPERA—which stands for Outcomes, Policy Efforts, Resources, and Assessment—helps answer exactly these kinds of questions. Grouping them around four dimensions, it prompts researchers to gather information corresponding with the human rights standards in the International Covenant on Economic, Social and Cultural Rights (ICESCR).
A team begins by assessing the human rights outcomes experienced by residents of a country. This stage asks: From the perspective of rights holders, what is wrong or problematic? In Delhi, for example, water available for domestic purposes like drinking and cooking is variable, with most populations having water for a few hours a day. Water is less available to certain communities, like those living in informal settlements, who are not connected to pipes and must rely on tanker trucks, community taps or wells, which provide an irregular supply of water that is more expensive. The effects of climate change, such as increases in temperature, high-intensity rainstorms, floods, and droughts, further reduce water availability. It is diminishing the levels of water in municipal reservoirs and contaminating surface and groundwater sources. It can also make the resource more costly, because that reduced supply meets increased demand as temperatures continue to rise.Continue Reading…
June 11, 2021
Posted by Jessica Olney and Shabbir Ahmad
Editor’s Note: This article is part of a Just Security series on the Feb. 1, 2021 coup in Myanmar. The series brings together expert local and international voices on the coup and its broader context. The series is a collaboration between Just Security and the International Human Rights Clinic at Harvard Law School. This article was first posted to Just Security on June 10, 2021).
This installment reflects conversations with Rohingya residents of refugee camps in Bangladesh about the coup in Myanmar. Camp residents’ views were collected by Shabbir Ahmad and other members of a team of Rohingya researchers during a recent community feedback collection project. The opinions expressed here are the views of the authors and camp residents, not those of any institution with which the authors are affiliated.
The Rohingya community of Myanmar has been isolated and persecuted for decades, leading to waves of mass displacement, isolation, and resistance. The situation of the Rohingya deteriorated further into crisis after the National League for Democracy (NLD) took power in 2015, starting with a 2016 crackdown and culminating in the massive 2017 violence that displaced over 700,000 people.
Refugees in Bangladesh believe the situation could worsen even further under the current junta, creating new risks for the Rohingya who remain in Myanmar and indefinitely delaying any prospect of a safe repatriation for those displaced. According to one camp resident: “The democratic government didn’t do well for us Rohingya. However, the current conditions will be even worse for us, and maybe for everyone in Myanmar.” According to another, “We Rohingya people don’t expect anything positive to come from the military coup. We know very well that the Myanmar Army is merciless and doesn’t feel afraid of committing injustice.” The greatest fear for many camp residents is that repatriation at a large scale will be impossible as long as Myanmar remains under the control of the Myanmar military, the Tatmadaw. In recent comments, junta leader Min Aung Hlaing affirmed these concerns, reiterating once again that the Tatmadaw does not recognize the identity of the Rohingya people or their right to return home. As long as the junta remains in place, there is little possibility of forging solutions to the outstanding political, legal, and justice questions surrounding the Rohingya crisis.
But there is another dimension of the coup in which an unanticipated, positive change has emerged: There has been a wave of social and political reconciliation between Rohingya and other Myanmar people. Though the situation remains formidable both for Rohingya in Myanmar and for those who seek to return from Bangladesh, certain social and political fault lines that have been present throughout Myanmar’s recent history seem to be shifting.Continue Reading…
May 3, 2021
Posted by Taylor Landis
(Editor’s Note: This article is part of a Just Security series on the Feb. 1, 2021 coup in Myanmar. The series brings together expert local and international voices on the coup and its broader context. The series is a collaboration between Just Security and the International Human Rights Clinic at Harvard Law School. This article was first posted on Just Security on April 30, 2021).
Disclaimer: Taylor Landis is an independent human rights expert who worked in Myanmar from 2013 to 2020. She is serving as the author of this piece on behalf of the individuals in Karen State who wished to contribute to this series but cannot be identified due to the serious security threats they currently face. The opinions expressed here are solely those of the unnamed individuals in Karen State and do not reflect those of any institution with which Taylor is affiliated.
Since preventing the country’s elected officials from taking their seats in government on Feb. 1, the Myanmar military, known as the “Tatmadaw,” has established a junta called the State Administrative Council and progressed from its initial highly secretive abduction and detention of well-known civilian leaders to a nationwide crackdown of plainly visible violence and intimidation, with over 759 people killed and 4513 arrested by late April. Though intended to end mass protests and silence widespread opposition, the brutal campaign has fueled resistance to the military. Undeterred by the junta’s mass incarcerations and growing body count, people across the nation refuse to be silenced. Myanmar’s streets and social media are flooded with messages pleading for international support, demanding direct western military intervention, requesting a U.N. peacekeeping presence, and calling for the arrest of the junta leader, Senior General Min Aung Hlaing.
Veteran civil society activists based in and around Myanmar’s conflict areas have joined these calls. In their communities, where true peace has not been seen since before Burma’s 1948 independence, these are not new messages. Local organizations and leaders within Myanmar’s “ethnic states”—territory bordering international boundaries where ethnic-minority groups tend to comprise the majority of the population—have spent decades documenting human rights violations, conducting advocacy, and campaigning for criminal accountability for atrocity crimes allegedly committed by the Tatmadaw. For some of these activists, recent encrypted chats with far-off former colleagues offered a chance to drop diplomatic pretense and be direct about what they want. “Can you order a drone strike on Min Aung Hlaing?” one asked, in a joke directed to a human rights lawyer with no heavy ordnance on hand. Others laughed about what they really need, “Can you send wine?” All reiterated the obvious, “It’s just been a nightmare.”Continue Reading…
April 21, 2021
Posted by Cindy Wu JD'22
You may have seen images of Hindu devotees immersing themselves in large clouds of white foam floating through the Yamuna River in Delhi, India. But what may seem otherworldly belies something much more sinister: a river of deep religious and life-giving significance for millions of people, teeming with toxic industrial and residential pollutants.
Alongside three other Harvard Law School students and our Clinical Instructor, Aminta Ossom, I have spent this past semester studying the relationship between climate change and inequality. This Earth Day, our team is thinking about how climate change and human activities are working in tandem to degrade and deplete the Yamuna River. This environmental harm has significant impacts on the enjoyment of the right to water, as well as on other rights, like cultural rights and the rights to adequate health and livelihoods.
What is the Yamuna?
The Yamuna—a tributary of the Ganga River—is critical both in Hindu culture and as a source of livelihood. Millions of Hindus worship the river as a goddess, and many make an annual pilgrimage, where they immerse themselves to wash away their sins and to bring health and prosperity. Besides its religious significance, the Yamuna supports the livelihoods of farmers, fisher-folk and boatsmen and is a crucial source of water for 57 million people, especially for those in the Delhi region.
April 21, 2021
Posted by Lavran Johnson JD'22
The United States has an environmental human rights problem. Across the country, communities of color and lower socioeconomic status are disproportionately located close to chemical processing plants, power plants, and other industrial facilities and shoulder the burden of domestic environmental contamination. Air and water quality standards frequently fail to protect these communities, leading to detrimental health impacts and continued contamination. Although the situation is improving, state and federal agencies have historically failed to reduce the cumulative burdens on these communities. Most of our environmental laws provide protective regimes based on available technology and economic feasibility. Although these regimes place limits on pollution, they reflect a presumption that industries have a general right to pollute. Industry’s right to pollute is constrained by environmental law; but we need a shift away from industrial rights and towards a human right to a clean environment.
After years working as an outdoor educator, I came to law school to focus on environmental law, committed to finding ways through policy and litigation to better protect the environments that had enriched my life. It was in the classroom — and not outside — where I started to build the connections that drive my current work. My torts class, where we studied Rob Bilott’s prosecution of DuPont for chemical pollution, helped to shift my focus towards work that would protect both the environment and the individual people who rely on it. Later, International Human Rights Clinic Co-Director Tyler Giannini exposed me to some of the many ways that environmental exploitation and human exploitation are entangled, but it was working over the summer on an administrative complaint to the Environmental Protection Agency that really crystallized my understanding: environmental justice is fundamentally a human rights issue. All people should be protected from pollution that poses a serious and permanent risk to their health, and historical deprivation and prejudice should not be allowed to undermine that basic protection.
This spring, I entered the International Human Rights Clinic hopeful that I could gain a better grasp of how rights are understood and leveraged, but unsure whether I would be able to do environmental work. I’ve been very lucky to work with Bonnie Docherty and three excellent team members to prepare recommendations for the First Meeting of States Parties to the Treaty on the Prohibition of Nuclear Weapons (TPNW). Bonnie, who is the Associate Director of Armed Conflict and Civilian Protection, has worked for decades to highlight the detrimental effects of weapons on both humans and the environment. The TPNW, which Bonnie and previous clinical students helped to shape, reconceptualizes nuclear disarmament by shifting from a tactical focus—one in which states play their nuclear arsenals off each other to maintain geopolitical order—to a humanitarian focus—one in which states must address the ongoing human suffering caused by the use and testing of nuclear weapons. The TPNW, which requires total disarmament, also creates obligations that respond to the legacy of nuclear weapons use and testing through victim assistance and environmental remediation. In places like the Marshall Islands, where many still suffer the effects of the nuclear testing that happens over 60 years ago, these obligations are critical.Continue Reading…
February 22, 2021
In solidarity with civil society in Haiti, the International Human Rights Clinic at Harvard Law School, the Lowenstein International Human Rights Clinic at Yale Law School, and the Global Justice Clinic at New York University School of Law have issued a letter in advance of the United Nations Security Council session on Haiti today. The letter can be viewed here and is reprinted in full below.
The three U.S. based law school clinics also released a statement last week calling on the U.S. government to denounce actions by President Jovenel Moïse that threaten human rights in Haiti.Continue Reading…
December 7, 2020
Posted by Nathalie Gunasekera JD'21
“The ideals of the United Nations – peace, justice, equality, and dignity – are the beacons to a better world.” UN Secretary-General António Guterres made these remarks during September’s UN General Assembly ceremony, which commemorated the organization’s 75th anniversary. These ideals are enshrined in the UN Charter, and yet, they been severely tested by the organization’s recent history in Kosovo. For more than two decades, the UN has refused to accept legal responsibility and deliver justice to Roma, Ashkali, and Egyptian minorities who were forced to live in UN-run lead contaminated refugee camps.
In September 2020, the UN Special Rapporteur on Toxics Dr. Marcos Orellana presented his predecessor’s report on lead poisoning in Kosovo. He delivered a clear message: inaction must end, and justice must be delivered.Continue Reading…
October 16, 2020
Posted by Joey Bui JD'21
Assessing the UN’s Haiti Cholera Response 10 Years On
In 2010, a United Nations (UN) peacekeeping mission caused an outbreak of cholera in Haiti, resulting in the deaths of over 10,000 Haitians. On Oct 8, 2020, ten years after the outbreak began and amid the COVID-19 global pandemic, key experts joined the Human Rights Program at Harvard Law School for a webinar to discuss the ongoing failure of the UN to adequately answer to Haitian victims and what lessons the rights organization should learn moving forward.
It was a rare occasion in which a UN official spoke publicly with Haitian and foreign advocates who have been extremely critical of the UN’s response. During the event, former UN officials provided an inside look at the UN’s failures in Haiti, and expressed shame about the UN’s response. The panel also identified key takeaways for the UN to adopt in order to prevent a repeat in the future.
The virtual panel, which was a part of Harvard Worldwide Week and was co-sponsored by seven different Harvard centers and groups, included Mario Joseph, a prominent Haitian human rights lawyer at Bureau des Avocats Internationaux who has led efforts to seek justice for victims, as well as Haitian doctors who have worked on the frontlines of the outbreak, Dr. Inobert Pierre of St. Boniface Hospital and Dr. Marie Marcelle Deschamps of GHESKIO. Presenting perspectives from the UN were Josette Sheeran, the UN Special Envoy for Haiti; Andrew Gilmour, the former Assistant Secretary-General for Human Rights; and Philip Alston, the former UN Special Rapporteur for extreme poverty and human rights.Continue Reading…
August 25, 2020
Posted by Dana Walters
If everything had gone according to schedule, the International Human Rights Clinic (IHRC) would have filed an amicus curiae brief in December 2019 in a case against Chiquita Brands International, the world’s largest banana company. The suit, on behalf of families who suffered mass atrocities by paramilitary groups during the Colombian armed conflict, seeks accountability for the reign of terror Chiquita aided and abetted from 1997 to 2004.
However, after several delays and further challenges caused by the pandemic, the clinic and the Center for Justice and Accountability (CJA) finally filed the brief on behalf of human rights experts on June 5, 2020. The process included dozens of drafts and memos, multiple back-and-forths with amici, and hundreds of hours of time of a dozen alumni and students in multiple time zones. The amicus brief is one small part of a larger, evolving corporate accountability litigation landscape, one in which the clinic has been involved for decades. In a globalized economy where supply chains are diffused, attorneys and affected communities have sought to use U.S. courts to stop U.S. corporations and executives from assisting in violating human rights abroad.
“Chiquita and cases like it present a central question facing U.S. courts today—whether the United States is going to become a safe haven for U.S. corporations implicated in human rights violations outside the country,” said Tyler Giannini, co-director of Harvard Law School’s Human Rights Program (HRP) and the IHRC.Continue Reading…
June 30, 2020
Rights experts call on UN to provide remedy to victims of Haitian cholera epidemic
(June 30, 2020) — The United Nations (UN) published two previously embargoed letters from fourteen UN independent rights experts on Saturday, calling on the organization to deliver overdue remedies to victims of cholera in Haiti. Addressed to Secretary-General António Guterres and the Haitian government, the letters respond to a complaint submitted by the International Human Rights Clinic, the Haiti-based human rights law firm Bureau des Avocats Internationaux (BAI), and its U.S.-based partner organization, the Institute for Justice & Democracy in Haiti (IJDH) in January.
The experts’ letters adopts the Clinic’s arguments that the UN’s approach following its public apology in 2016 amount to violations of the right to effective remedy. The experts found “glaring limitations” in the UN’s approach, including that the UN has failed to pay any compensation and that its subsequent underfunded effort has amounted to little more than a spate of symbolic development projects. They stressed that “the continued denial of effective remedies to the victims is not only a violation of their human right to an effective remedy, but also a grave breach of public confidence in the Organization’s integrity and legitimacy.” The letters conclude that a “fundamental shift in approach is necessary if the Organization is to uphold the respect for human rights and rule of law.”
Beatrice Lindstrom, Clinical Instructor in the International Human Rights Clinic at Harvard Law School, led a clinical student team in working on the January complaint. She was recently interviewed by Harvard Law Today, diving into her nearly-decade long advocacy on behalf of Haitian cholera victims. The interview explores the UN’s failure to adequately respond to the epidemic and provide appropriate reparations to victims.
As Lindstrom says in the Q&A, “In the absence of an independent mechanism to determine responsibility, the decision becomes a political one driven by the self-interests of powerful member states and officials within the UN bureaucracy. I think there have always been people within the U.N. who have wanted to see the organization do the right thing in Haiti, but without adequate leadership from the Secretary-General, the forces pushing for inaction have prevailed.”
- Page 1 of 4