The Legal Limbo of Climate Driven Migrants: A Case for Recognizing ‘E-IDPS’ Under the Pakistani Constitutional Framework

Abstract

Pakistan is among the most climate change vulnerable nations of the world, yet it is unprepared for all these challenges legally and institutionally. With the growing number of internal climate migrants each year, we still do not have any policy or law through which those displaced communities could be resettled or legally recognized. They are displaced due to floods, rising sea, level, droughts and other climate related disasters. Although, Pakistan contributes very less to Global Greenhouse Gas (GHG) emissions that is to say less than one percent, yet the World Risk Index (WRI) continuously ranks Pakistan among the top ten climate vulnerable countries. Through this research, I ask a single straightforward question – whether the government after decades of environmental constitutionalism and even after 26th amendment (article 9A), have any obligation to protect climate migrants as a matter of constitutional law not a charitable relief? I am establishing the fact and making an argument that, yes, they have a positive obligation to recognize and protect E-IDPs.