The Arctic Intersection: Climate Change, Indigenous Rights, and Environmental Law

The Arctic Intersection: Climate Change, Indigenous Rights, and Environmental Law

Sept. 8, 2024, 9:18 a.m.

As global warming accelerates, Arctic amplification has become increasingly pronounced, resulting in the Arctic experiencing climate impacts at an unprecedented rate. These effects are notably heterogeneous, varying by both region and season. Should the current trajectory of warming persist, the prospect of an ice-free Arctic within the next decade becomes increasingly plausible. This presents a critical situation, given that Arctic ice functions as a solar reflector, contributing to Earth's climate stability by reflecting sunlight back into space. As Arctic ice diminishes, it will dramatically accelerate global warming, creating a vicious cycle of ever-increasing temperatures. The implications are dire as the melting ice could unleash ancient viruses and greenhouse gases that have been locked away in permafrost for millennia. This release not only threatens to worsen climate change but also introduces new, potentially catastrophic environmental risks.

The integrity of Arctic ice is paramount; its preservation is vital to avert further destabilization of global climate systems and to prevent increasingly severe and potentially catastrophic consequences for our planet. Moreover, glacier ice stands as the largest freshwater reservoir on Earth, holding approximately 75% of the freshwater of the world. National Geographic highlights that Arctic glaciers and icebergs account for about 20% of this supply. The melting of Arctic ice carries sweeping global implications: rising sea levels could inundate coastal regions, while the frequency of extreme weather events may intensify. The thinning ice also jeopardizes traditional activities such as fishing and hunting, which depend on solid ice, and presents navigational challenges due to the proliferation of drifting ice sheets. The stakes could not be higher; safeguarding Arctic ice is essential not only for climate stability but also for securing vital freshwater resources.

This urgency extends beyond environmental stability to encompass the diverse wildlife that relies on the Arctic's unique ecosystem. The Arctic teems with a rich tapestry of wildlife, including the beluga, Pacific salmon, brown bear, walrus, arctic wolf, arctic fox, narwhal, and gray whale. Among them, polar bears stand as the quintessential symbol of the Arctic, exclusively inhabiting this frigid landscape. However, as global warming accelerates, these ice-dependent species face mounting challenges. Adapted to the cold and reliant on the unique ecosystems that characterize their habitat, these animals struggle to cope with rapidly changing conditions.

The shrinking sea ice exacerbates these difficulties, particularly for polar bears. Forced onto land for longer periods, these majestic creatures increasingly come into contact with human settlements. This shift heightens the risk of conflicts as polar bears, in search of food and shelter, venture into inhabited areas. Such interactions pose significant threats not only to the bears but also to local communities. A striking example of this occurred in 2022, when The Guardian reported that polar bears had taken refuge in an abandoned weather station in Kolyuchin, located in the Chukotka Autonomous Okrug of the Russian Federation. This incident underscores the urgent need to address the impact of climate change on both Arctic wildlife and human populations.

Economically, the Arctic is significant yet vulnerable to human-induced pollution contributing to climate change. The region boasts rich deposits of coal, gypsum, diamonds, zinc, lead, placer gold, and quartz. Greenland alone holds about a quarter of the world's rare earth reserves. Additionally, the Arctic contains an estimated 30% of the world’s undiscovered natural gas reserves and 13% of undiscovered conventional oil resources, equal to 90 billion barrels. This potential is both a boon and a curse for the Arctic. The opening of new shipping routes and increased opportunities for resource extraction have intensified geopolitical competition in the region. Prior to the Ukraine war, the EU and several Asian countries were increasingly reliant on supplies from Russia, particularly from its Arctic region. Following the onset of the conflict, China, along with India and other nations, ramped up their imports from Russia. This shift has further fueled geopolitical competition. Compounding these geopolitical tensions is the heightened risk of environmental damage, particularly from oil spills. The growing intensity of resource extraction activities amplifies the threat to the Arctic's fragile ecosystem, making the need for stringent environmental protections more critical than ever. Without concerted efforts, the Arctic’s delicate balance and its role in global climate stability remain in jeopardy.

Global energy consumption is on the rise, a trend that has only accelerated since the industrial era. This increase in demand shows no signs of reversing. The excessive use of fossil fuels has driven an increased demand for energy, putting the Arctic at risk of exploitation for its oil and natural gas reserves. According to the WWF, the Arctic hosts around 230 drilling operations and has reserves that could potentially produce up to 240 billion barrels of oil and natural gas. This escalation in resource extraction and the expansion of shipping routes pose significant threats to both Indigenous communities and the environment in the Arctic. Additionally, pollution and contamination are emerging as major concerns, significantly impacting coastal and terrestrial communities. Marine pollution is increasing health risks for fishermen and hunters, while onshore extractive activities are contaminating areas and threatening traditional practices like reindeer herding. These environmental issues are jeopardizing the health and livelihoods of those who depend on these vital activities.

The Arctic spans eight countries: Canada, Denmark (via Greenland), Iceland, Norway, Sweden, Finland, Russia, and the United States. These nations collaborate through the Arctic Council, an intergovernmental forum aimed at promoting cooperation, coordination, and interaction on environmental protection and sustainable development. The forum deals with human security issues, such as pollution and contamination affecting health and food security in the Arctic, but does not address military security. The Food and Agricultural Organization (FAO) defines food security with four key elements: affordability, accessibility, sustainability, and utilization. However, these categories vary in the Arctic, as there is no homogenous Arctic. For example, the Nordic part of the Arctic is significantly different from the North American Arctic. Infrastructurally, the Nordic Arctic is well-advanced, well-networked, and well-developed, capable of meeting the first three categories. Foods are easily accessible as there is no difficulty in transporting foods from the South. The supply is sustainable, and people can buy food from regular supermarkets. However, meeting dietary needs requires locally available sources of food, which cannot compete with imported options. This situation makes it difficult to use regional food available from natural source effectively, leading to insecurity in terms of utilization. In many parts of the North American Arctic, all four components of food security are lacking, raising significant concerns about food security.

The Arctic is home to over forty Indigenous groups, making up 10% of its four million residents. These communities, with their invaluable first-hand and evidence-based knowledge, are often the first to feel the effects of environmental and climatic changes in the region. Their deep connection to and reliance on the Arctic's natural resources means that shifts in climate and ecosystems directly impact their traditional livelihoods. Hence, the regional institutional structure, the Arctic Council, recognizes them as legitimate actors. They are divided into six organizations that represent the Indigenous population of the circumpolar Arctic as "permanent participants" in the Arctic Council. These organizations work alongside representatives of the Arctic states in the decision-making process.They provide vital insights and share their knowledge on the Arctic change. There is an increasing need to combine their traditional knowledge with scientific research to develop sustainable solutions for the region.

The Arctic Council actively involves indigenous people and incorporates their perspectives into strategies. The structure of the Arctic Council is as follows: member states’ representation (state actors), Indigenous peoples’ representation (“permanent participants”), and observers (non-Arctic states’ and I/NGO representation). State actors make decisions in consultation with “permanent participants.” making indigenous peoples integral to the institutional structure of the Arctic Council.

The climate crisis extends beyond environmental concerns. The intersectional nature of the climate crisis makes it a profound human rights issue. Those who contribute the least to climate change often suffer the most, as vulnerable communities bear the brunt of its effects. In terms of Indigenous rights, this crisis reveals severe inequities and underscores the urgent need for environmental laws to address these disparities and protect the rights of those most affected.

The impacts of climate change, which drive socio-political, environmental, and economic transformations, have significant repercussions on Indigenous livelihoods, culture, and identity. Climate change is a human rights issue for many, including Indigenous peoples. It is about equality and justice. Indigenous peoples are often identified as biodiversity custodians through their knowledge and practices. The world’s 80% biodiversity reservoirs are located on Indigenous lands, the size of which is 20%. Yet, they are the most affected ones when one talks about climate change; they contribute nothing but suffer from others’ actions. For example, hunting, fishing, and reindeer or caribou herding, which Arctic communities have practiced for generations, are central to their cultural identity, which is affected by increased impacts on biodiversity.

Moreover, their rights to life, culture, and quality of life are at risk due to food insecurity. This threatens their health and subsistence practices, affecting their physical, psychological, and cultural well-being. These issues seriously affect many aspects of fundamental human rights. Indigenous knowledge serves as a vital reservoir of wisdom. Nature-based livelihood practices are paramount in this context, and they go hand in hand with environmental conservation and management. Indigenous ways of living and sustaining their culture and identity complement environmental management, such as biodiversity preservation and conservation.

International environmental law plays a crucial role in addressing the complex interplay between environmental protection and the rights of indigenous peoples, particularly in the Arctic. The region's unique and sensitive ecosystems are home to Indigenous communities whose traditional knowledge and practices are closely tied to their environment. These communities often bear the brunt of environmental degradation, which directly impacts their cultural heritage, livelihoods, and rights.Legal frameworks that recognize and integrate indigenous perspectives are vital for ensuring that these communities can actively participate in environmental conservation efforts. Such frameworks not only help preserve the Arctic's ecological balance but also uphold the rights of indigenous peoples in global environmental governance. The connection between environmental and human rights is central to this context.

Environmental degradation often undermines the fundamental rights of indigenous peoples, highlighting the need for comprehensive international regulatory mechanisms. International agreements and conventions, such as the Convention on Biological Diversity (CBD), climate change legal regimes, and marine pollution responses under the law of the sea and International Maritime Organization (IMO) regulations, play a significant role. These mechanisms address environmental challenges while safeguarding human rights, ensuring that both Indigenous and global communities benefit from effective environmental stewardship.

The Arctic underscores critical regulatory deficiencies that demand immediate rectification, such as the need to integrate a ban on heavy fuel use into the Polar Code and address the treatment of "grey water" before discharge into Arctic waters. Strengthening the Free, Prior, and Informed Consent (FPIC) principle is essential for advancing Indigenous and local community rights in environmental management. It is imperative for the international community to take decisive and coordinated action to address these issues.

The Arctic, long considered a barometer for climate health, now presents a stark, urgent warning. The evolving crisis in the Arctic is not just a regional concern but a precursor to broader, potentially devastating impacts on our planet, making the need for robust and immediate action more critical than ever. The "canary in the coal mine," the Arctic, is no longer just a warning; it’s a stark, undeniable signal that the time for urgent action is now, as the fate of the Arctic foretells the looming future of our entire planet.

(Kharel is the host and producer of Inspiring Women and Global Perspectives talk shows.)

(Dr. Hossain is the Director and Research Professor at the Northern Institute for Environmental and Minority Law, Arctic Centre, University of Lapland, Finland.)

More on Opinion

The Latest

Latest Magazine

VOL. 18, No. 04, September.13,2024 (Bhadra-28. 2081) Publisher and Editor: Keshab Prasad Poudel Online Register Number: DOI 584/074-75

VOL. 18, No. 03, August.23,2024 (Bhadra-07. 2081) Publisher and Editor: Keshab Prasad Poudel Online Register Number: DOI 584/074-75

VOL. 18, No. 02, August.09,2024 (Sharwan-25. 2081) Publisher and Editor: Keshab Prasad Poudel Online Register Number: DOI 584/074-75

VOL. 18, No. 01, July.19,2024 (Sharwan-04. 2081) Publisher and Editor: Keshab Prasad Poudel Online Register Number: DOI 584/074-75