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Review Article | Open Access | Asian J. Soc. Sci. Leg. Stud., 2024; 6(5), 179-187 | doi: 10.34104/ajssls.024.01790187

Environmental and Humanitarian Law Violations in Bangladeshs Coastal Areas: A Survey Analysis

Mahabuba Jahan* Mail Img

Abstract

This study investigates the intersection of environmental and humanitarian law violations in the coastal areas of Bangladesh, focusing on the implications of climate change-induced disasters on vulnerable communities. A quantitative survey was conducted, with 150 respondents representing coastal regions, to gather data on the prevalence of environmental degradation, climate-induced displacement, and human rights violations. Findings reveal a significant correlation between environmental hazards, such as cyclones and sea-level rise, and the displacement of coastal populations, exacerbating socio-economic vulnerabilities and human rights abuses. The study employs a quantitative-methods design, analyzing survey data of legal frameworks, policy documents, and scholarly literature. The data was analyzed through Smart PLS 4 for Structural Equational Model (SEM). The purpose of this research is to elucidate the complexities surrounding legal enforcement, policy implementation, and grassroots initiatives aimed at addressing environmental and humanitarian challenges in coastal areas. By providing empirical evidence and insights into the lived experiences of affected communities, this study aims to inform evidence-based policy interventions, legal reforms, and humanitarian strategies to enhance resilience and protect the rights of coastal populations facing the impacts of climate change and environmental degradation.

INTRODUCTION

The coastal areas of Bangladesh stand at the forefront of the global battle against climate change, bearing the brunt of environmental degradation and humanitarian crises resulting from rising sea levels, cyclones, floods, and other climate-induced disasters. In this context, the intersection of environmental and humanitarian law becomes increasingly pertinent, as violations in these areas not only exacerbate ecological damage but also endanger the lives and livelihoods of millions of vulnerable communities. According to the International Federation of Red Cross and Red Crescent, (2021) planned relocation emerges as a critical strategy to mitigate the adverse effects of climate change-induced disasters in coastal regions. However, the implementation of such strategies often encounters legal and humanitarian challenges, highlighting the urgent need for a comprehensive understanding of environmental and humanitarian law violations in these areas.

Khan, (2024) underscores the significance of international human rights treaties in protecting the rights of individuals affected by environmental degradation and climate-induced displacement. Despite Bangladeshs adherence to some international treaties, gaps in legal enforcement and policy implementation persist, leaving vulnerable communities at risk of rights violations. Cutter et al. (2016) emphasize the importance of disaster risk reduction and climate change adaptation in coastal regions, advocating for robust policy frameworks and community-centered approaches. Nevertheless, socioeconomic disparities, institutional weaknesses, and governance issues impede effective implementation, leading to continued environmental degradation and human suffering.

In light of these challenges, this review aims to explore the multifaceted dimensions of environmental and humanitarian law violations in the coastal areas of Bangladesh. By examining existing literature and scholarly research, this study seeks to elucidate the complexities surrounding legal frameworks, policy interventions, and grassroots initiatives aimed at addressing environmental degradation, climate-induced displacement, and human rights violations in vulnerable coastal communities. Through a comprehensive analysis, this review seeks to inform future policy interventions, legal reforms, and humanitarian efforts to safeguard the rights and well-being of coastal populations facing the adverse impacts of climate change and environmental degradation.

Review of Literature

change pose significant challenges to vulnerable populations in Bangladesh, necessitating effective adaptation strategies and humanitarian assistance interventions. This literature review synthesizes findings from various studies to explore key variables, methodologies, findings, and recommendations related to planned relocation, adherence to international human rights treaties, disaster risk reduction (DRR), socioeconomic impacts of cyclones, implementation of International Humanitarian Law (IHL), climate change impacts on agricultural communities, climate-induced migration, disaster governance, and climate change adaptation in the southwestern coastal region of Bangladesh (SWCRB). The International Federation of Red Cross and Red Crescent (2021) highlights planned relocation as a crucial strategy for enhancing climate change adaptation efforts, emphasizing variables such as planned relocation, National Adaptation Plans (NAPs), international organization support, soft law frameworks, non-state actors roles, and challenges. Recommendations include establishing clear definitions, developing soft law frameworks, enhancing international cooperation, strengthening disaster preparedness and response, and promoting human rights and dignity (Alimuddin & Muhammad, 2023).

Khan, (2024) examines Bangladeshs adherence to international human rights treaties, emphasizing variables such as ratification or accession to treaties, domestic legal incorporation, judicial application of international law, submission of state reports, and policy and legislative reforms. Recommendations include legislative reforms, judicial training, enhanced reporting mechanisms, civil society engagement, and international cooperation (Khan, 2024). Cutter et al. (2016) discuss Bangladeshs strides in disaster risk reduction and climate change adaptation, focusing on robust policy, legal, and institutional frameworks, initiatives such as coastal afforestation and early warning systems, and challenges including institutional coordination and power imbalances within fishing communities. Recommendations include fostering institutional collaboration, empowering communities, promoting human rights-based approaches, investing in infrastructure, and mainstreaming gender considerations (Cutter et al., 2016). Mallick et al. (2017) highlight the socioeconomic impacts of cyclones on coastal communities in Bangladesh, recommending investment in infrastructure, enhanced early warning systems, livelihood diversification, social safety nets, environmental conservation efforts, and collaborative governance to mitigate vulnerabilities and promote sustainable development (Mallick et al., 2017). The International Committee of the Red Cross (ICRC, 2024) discusses the limited implementation of International Humanitarian Law in Bangladesh, recommending comprehensive legislation, establishment of a National Committee on IHL, capacity building, public awareness campaigns, cooperation with international organizations, review mechanisms, and integration into educational curricula (ICRC, 2024). Huq and Gain, (2015) analyze the impacts of climate change on agricultural communities in the southwestern coastal region, emphasizing adaptation challenges and recommendations such as access to health services, financial support, livelihood diversification, infrastructure improvement, and community empowerment (Huq & Gain, 2015).

Das et al. (2022) examine climate-induced migration in vulnerable delta regions, proposing solutions including a new multilateral treaty, utilization of the UNFCCCs Coordination Facility, regional agreements, UN Security Council involvement, long-term planning, and investment in research (Das et al., 2022). Barua et al. (2021) explore local-level disaster governance in Bangladesh, identifying actors, criteria for good governance, policy implementation challenges, and recommendations to enhance disaster management effectiveness and resilience (Barua et al., 2021). MA, CG, & JG (2022) provide recommendations to address climate change challenges in the Southwestern Coastal Region of Bangladesh, emphasizing community-led adaptation, capacity building, resilient infrastructure, ecosystem-based approaches, social protection, cross-sectoral collaboration, climate finance, knowledge sharing, and policy mainstreaming (MA, CG, & JG, 2022). Ayeb-Karlsson et al. (2016) discuss livelihood resilience and adaptation strategies in vulnerable delta regions, recommending disaster preparedness, community involvement, livelihood diversification, sustainable migration, resilient infrastructure, and policy reforms (Ayeb-Karlsson et al., 2016). Fournier, (2022) explores the role of legal clinics in addressing environmental challenges in Bangladesh, advocating for international partnerships, government commitment, community empowerment, research, and public awareness to strengthen environmental law enforcement (Fournier, 2022).

Research Gap

  1. Limited Understanding of Population Density Dynamics: Research overlooks how variations in population density contribute to different human rights violations in coastal areas, highlighting the need for further investigation into socio-demographic factors shaping these dynamics.
  2. Inadequate Examination of Environmental Degradation Impacts: While acknowledged as influencing human rights violations, research gaps exist in understanding how environmental degradation exacerbates rights infringements. Further exploration of causal pathways is necessary.
  3. Insufficient Understanding of Socioeconomic Status Dynamics: Despite recognizing its importance, research lacks focus on the link between socioeconomic disparities and rights abuses in coastal communities. More empirical studies are needed to elucidate these complex interactions.
  4. Lack of Comprehensive Assessment of Disaster Risk Exposure: While acknowledged, theres a gap in understanding the multifaceted dimensions of disaster risk exposure and its implications for rights infringements. Further research is needed to explore the impacts of various hazards in coastal areas.

Objective

  1. Examine how population density affects human rights violations in coastal communities.
  2. Assess how environmental degradation impacts human rights violations in coastal areas.
  3. Investigate the link between socioeconomic status and vulnerability to human rights violations in coastal communities.
  4. Explore how disaster risk exposure worsens human rights violations and its varied effects across hazards.
  5. Identify interconnected dynamics among population density, environmental degradation, socioeconomic status, disaster risk exposure, and human rights violations to understand rights abuses in coastal Bangladesh comprehensively.

Hypothesis

H1: Pop Dens > HRV: Significant association between population density in coastal areas and human rights violations. 

H2: Env Deg > HRV: Environmental degradation in coastal areas relates significantly to human rights violations. 

H3: SES > HRV: Socioeconomic status of coastal communities correlates significantly with human rights violations. 

H4: DRE > HRV: Disaster risk exposure in coastal areas significantly impacts human rights violations.

Conceptual Framework

This is the theoretical framework.

HRV: Human Rights Violations in coastal Bangladesh involve infringements like displacement, discrimination, and limited access to rights (Alimuddin & Muhammad, 2023).

PopDens: Population Density along Bangladeshs coast measures people per area, impacting social, economic, and environmental aspects (Mallick et al., 2017).

EnvDeg: Environmental Degradation in coastal areas includes pollution, habitat loss, and biodiversity decline, affecting ecosystems and human well-being (Huq et al., 2015).

SES: Socioeconomic Status of coastal communities encompasses income, education, and resource access, influencing vulnerability to human rights violations (Ayeb-Karlsson et al., 2016).

DRE: Disaster Risk Exposure in coastal Bangladesh involves cyclones, floods, and storms, posing threats and exacerbating human rights issues (Shamsuddoha & Chowdhury, 2009; Nargis., and Haque., 2024).

METHODOLOGY

This research uses a quantitative approach to explore the link among population density, environmental degradation, socioeconomic status, disaster risk exposure, and human rights violations in coastal Bangladesh. Data will be gathered from 150 respondents through a survey of Likert-scale. Structural Equation Modeling (SEM) with Smart PLS 4 software will analyze the data, offering insights into complex relationships among the variables. This methodology aims to inform evidence-based policies and interventions for protecting rights and enhancing resilience in vulnerable coastal communities.

Table 2 shows that all variables meet the criteria: Cronbachs α, Composite Reliability rho(A), and rho(C) are all >0.7, and VIF is less than 5. VIF values below 5 indicate no significant multicollinearity. The Fornell-Larcker criterion checks discriminant validity by ensuring the square root of a constructs average variance extracted (AVE) is greater than its correlation with any other construct. In this study, all constructs meet this criterion, confirming discriminant validity. Accordance with Franke & Sarstedt, (2019) if the HTMT value is significantly below the critical value of 0.9 to establish discriminant validity. Here we can see that the value is below 0.9. So, it can be said that the model is valid and established. Beta coefficients (B) estimate path relationships in the structural model, indicating consistency across items. The cutoff value for B is >0.20, and all values in Table 6 meet this threshold. R Square (R2) explains variance in endogenous variables due to exogenous variables. Values of 0.42, 0.51, 0.535, and 0.537 are moderate, aligning with Cohens and Chins benchmarks. Q-square (Q2) measures predictive relevance, with all values above zero indicating good model fit. F-Square (f2) assesses the effect size when removing an exogenous variable. Values of 0.74, 0.68, 0.57, and 0.369 indicate a large effect, per Cohens benchmarks.

DISCUSSION

The study on human rights violations in coastal Bangladesh focuses on population density (PopDens), environmental degradation (EnvDeg), socioeconomic status (SES), and disaster risk exposure (DRE). These variables are examined for their relationships with human rights violations (HRV).

Population Density (PopDens) 

The findings show a strong positive relationship between high population density and increased human rights violations. Densely populated areas face greater social and environmental challenges, contributing to higher HRV (Alimuddin & Muhammad, 2023).

Environmental Degradation (EnvDeg) 

Higher levels of environmental degradation are linked to more human rights violations. This connection highlights how degrading natural resources can escalate social tensions and abuses (Mallick et al., 2017).

Socioeconomic Status (SES)

Lower socioeconomic status is associated with higher rates of HRV. Economic disparities disproportionately impact vulnerable populations, leading to more human rights violations (Huq et al., 2015).

Disaster Risk Exposure (DRE): Increased disaster risk exposure correlates with higher HRV. Coastal communities at greater risk of environmental hazards face displacement, loss of livelihoods, and exploitation, all contributing to more human rights abuses (Islam et al., 2014).

Limitations

  1. Sampling Bias: The studys specific sample from coastal Bangladesh may limit generalizability. Results might not reflect all coastal residents experiences.
  2. Self-Reporting Bias: Survey-based data might be skewed by respondents social desirability or faulty recall, impacting reliability and validity.
  3. Cross-Sectional Design: The single-time snapshot limits causal insights. Longitudinal studies would better capture human rights violations dynamics over time.
  4. Measurement Error: Despite ensuring tool reliability, some measurement errors may persist, affecting data accuracy and study validity.
  5. Scope and Depth: The study might not cover all relevant factors, such as cultural norms, historical context, and political dynamics influencing human rights violations.
  6. Resource Constraints: Limitations in time, funding, and data access might have impacted the research scope, sample size, and analysis depth.
  7. External Factors: Uncontrolled external factors like natural disasters, socio-political events, or economic changes might have influenced outcomes, introducing confounding variables.

CONCLUSION AND RECOMMENDATIONS

In conclusion, the study highlights human rights violations in coastal Bangladesh. Using structural equation modeling, the analysis examines relationships between population density, environmental degradation, socioeconomic status, disaster risk exposure, and human rights violations. The results show significant links among these factors. High population density, severe environmental degradation, low socioeconomic status, and high disaster risk exposure correlate with more human rights violations. These findings stress the need for targeted interventions in coastal Bangladesh. Efforts should focus on environmental sustainability, socioeconomic improvement, disaster preparedness, and human rights protection for vulnerable populations. The study also highlights the value of a multidisciplinary approach. Integrating environmental science, social science, law, and policy can lead to better strategies for protecting human rights and promoting sustainable development in coastal areas. Overall, this research adds to the literature on human rights and environmental justice, offering insights for policymakers, practitioners, and researchers. Collaborative efforts can ensure human rights are upheld and coastal communities thrive. 

  1. Integrated Policy Framework: Develop a policy that addresses population density, environmental degradation, socioeconomic status, and disaster risk. Focus on protecting human rights while tackling these interconnected issues. 
  2. Community Empowerment: Engage coastal communities in decision-making and capacity-building. Involve locals in designing and implementing interventions to improve living conditions and reduce human rights abuses. 
  3. Environmental Conservation: Promote sustainable resource management and mitigate environmental degradation. Implement afforestation, coastal rehabilitation, and pollution control to protect natural resources. 
  4. Socioeconomic Development: Invest in programs for socioeconomic development and poverty alleviation. Enhance access to education, healthcare, and job opportunities to strengthen community resilience and reduce human rights violations. 
  5. Disaster Preparedness and Response: Improve disaster preparedness and response mechanisms. Enhance early warning systems, establish evacuation routes, and boost local authorities capacity to handle emergencies. 
  6. Monitoring and Accountability: Create mechanisms for monitoring and enforcing human rights standards. Strengthen legal frameworks, oversight, and governance transparency. 
  7. International Cooperation: Promote international cooperation to address environmental challenges and human rights violations. Collaborate with global partners to mobilize resources, share best practices, and support sustainable development goals.

ACKNOWLEDGEMENT

The author, Mahabuba Jahan, would like to express her gratitude to everyone who supported and encouraged her throughout the research process. She also acknowledges the resources and facilities that were made available to her, which have greatly contributed to the successful completion of this study.

CONFLICTS OF INTEREST

The author declares that there are no conflicts of interest related to this research. All opinions, findings, and conclusions expressed in this article are solely from the author and al are presented with complete transparency and impartiality.

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Article References:

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Article Info:

Academic Editor

Dr. Sonjoy Bishwas, Executive, Universe Publishing Group (UniversePG), California, USA.

Received

August 15, 2024

Accepted

October 17, 2024

Published

October 24, 2024

Article DOI: 10.34104/ajssls.024.01790187

Corresponding author

Mahabuba Jahan*

Bachelor of Laws, University of London, Senate House, Malet St, London WC1E 7HU, United Kingdom.

Cite this article

Jahan M. (2024). Environmental and humanitarian law violations in Bangladeshs coastal areas: a survey analysis, Asian J. Soc. Sci. Leg. Stud., 6(5), 179-187. https://doi.org/10.34104/ajssls.024.01790187

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