In essence, it was about pleading the case about how Nepal, one of the least contributors to the emissions of greenhouse gases (GHGs), is being penalised for the mistakes of developed and industrialised nations. It is because, for small countries like ours, international human rights law is key to determining states obligations since climate change severely impacts fundamental rights.

“When we talk about climate justice, it is important to look not only at national but also international perspectives, especially between rich and poor countries.” Prajwol voices the distinction. 

Additionally, there is a narrative of helplessness often portrayed when highlighting the climate change struggles of developing and underdeveloped nations. So how do poor countries still preserve autonomy while bringing forth the impacts of climate change that are consequences of developed nations? 

“We’re not just victims. We need to assert how severely we’re affected, with facts and figures, while still maintaining agency.” Prajwol states. 

Climate justice essentially is about finding courses of action to adapt and mitigate. For example, carbon reduction is an approach for mitigation. But adaptation comes with a cost, literally, since financing is a massive part of it. Likewise, technology transfer is critical, which, again, points back to capital.

So, while developed countries have measures to adapt and mitigate, what about developing nations? Does Nepal have the capacity to finance adaptation and mitigation of the crisis? 

At the ICJ, Nepal specifically highlighted its mountainous geography and heightened vulnerability, emphasising the Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC) principle to assert that high-emission states must bear a greater share of the mitigation and adaptation process. 

As mentioned both in Nepal’s document submitted to the ICJ as well as in the ICJ’s confirmations on the advisory opinions, the push for emissions cuts is on the top of the list of mitigation measures. But those industries, be it fossil fuel or manufacturing but still evidently emitting carbons, are also the ones keeping a large force of employees. Shutting down factories and industries for climate reasons impacts labourers. 

“The transition to cleaner energy must include human rights protections, especially for workers whose livelihoods depend on fossil fuel industries.” Prajwol clarifies.

This explains why the climate crisis is a class struggle because adaptation requires finance. 

It’s peak summer here, and blasting the air conditioning with a touch of a remote sounds like a relief. But those who can only afford to—can and will sit under an AC in this scorching heat.

“A friend told me, back at her home in Pakistan, air purifiers are common due to high levels of pollution, but not everyone can afford them,” Prajwol says and highlights, “So climate change does become about affordability, and there’s a huge gap.” 

Looking back, Prajwol considers Nepal’s presentation a good one, granted it was the first time, albeit being way more impressed by small island nations. 

“Their presentation was remarkable in being inclusive of intersectional human rights issues.” Prajwol recollects. The representative from the Cook Islands, a small island nation, presented a video statement emphasising the impacts of the climate crisis on indigenous women.” 

It does become imperative to pass the mic however possible for vulnerable communities to share their struggles in their own voice. So why was our team not as diverse? 

“While part of the reason could be a procedural issue, they could have ensured the diversity we had pushed for if they wanted to.” Prajwol strikes. 

So, perhaps it was the willingness and effort of the government that faltered in prioritising inclusive representation since it mostly consists of upper-caste cishet hill men. 

And now with the delivery of advisory opinions, are things going to be different? Well, ICJ definitely has made a lot of significant confirmations binding state obligations to address climate change. Following this ruling, Nepali litigants could leverage it to hold both governmental and private entities accountable for fulfilling environmental commitments, as the decision might shed light on incorporating provisions for climate mitigation and compensation for environmental harm.

Moreover, it will also be taken into account as to how the states can raise their issues in the next Conference of the Parties (COP), the annual summit organised by the United Nations Framework Convention on Climate Change (UNFCCC).

Apart from legal duties and accountability, it will influence national-level academic decisions. 

“For instance, some universities still treat environmental law as an optional subject. We’re pushing for it to become a compulsory subject.” Prajwol tells. 

As more policies get spotlighted that grasp the urgency of the climate crisis, it is worth taking a look at our existing laws as well. Are there any, and more specifically, do they cater to caste and class inequalities?

The Constitution does guarantee the right to a clean and healthy environment as a fundamental right for all citizens. There’s also the Environment Protection Act, 2019 (2076), made to amend and consolidate law relating to the environment, mentioning giving priority to communities while preparing adaptation plans. The said act also has its regulations that include the Environmental Impact Assessment (EIA) process, focusing more on project-level assessments. Similarly, the Climate Change chapter in the Act emphasises mitigation and adaptation, like carbon trading. However, these laws do not give enough precedence to the issue of class or caste.

On the other hand, internationally there are the UNFCCC (United Nations Framework Convention on Climate Change), the Kyoto Protocol, and the Paris Agreement. That’s the international framework law Nepal is a party to.

Similarly, the nation has its own nationally determined contributions (NDCs) under that framework. The Prime Minister handed over those as the upcoming ten-year plan at the recently held Sagarmatha Sambaad to the COP29 President. The updated NDC has been submitted to the UNFCCC Secretariat. These documents are prepared following the GEDSI (Gender Equality, Disability, and Social Inclusion) guidelines. 

The NDCs mention various communities—Indigenous people, women, youth, and persons with disabilities. There’s some consultation, including with UNICEF and others, but the intersectional lens is still limited. Yet, at the same time, youth are leading efforts to address it.

Prajwol, who has been a part of organising climate justice camps across Asia, with his team, is planning to do a Climate Justice Camp of South Asian level in Nepal at the end of August. In addition, they are planning for a summer school in Bangladesh. These events encompass planning for COP and strategic pressurising. 

While climate justice movements are gaining momentum, implementation and inclusivity remain challenges. International legal decisions like the ICJ advisory opinion provide frameworks, but Nepal must adapt them with attention to marginalised groups and socio-economic realities.