On August 15, a rare cloudburst struck Buner district in northwestern Pakistan, releasing over 150 mm of rain in just one hour. This unprecedented deluge triggered flash floods and landslides, devastating entire villages and claiming at least 337 lives across the region. Buner bore the brunt, with over 200 fatalities reported. Survivors, many of whom lost everything, now face the dual challenges of mourning their dead and rebuilding their lives amidst ongoing threats of further rainfall and flooding. Families are forced into temporary shelters, schools are submerged, and access to clean water and medical care is critically limited.
This tragedy is not merely a natural disaster; it is a human rights violation with deep roots in global inequality and environmental injustice. Pakistan, contributing less than one percent of global greenhouse gas emissions, is paying a disproportionate price for the actions of industrialized nations whose historical emissions have significantly contributed to climate change. The principle of “polluter pays” is enshrined in international law, and it is time for the global community to uphold this principle by providing reparations to those most affected.
THE LEGAL FRAMEWORK: A DUTY TO COMPENSATE: International law recognizes that states have a responsibility to prevent activities within their jurisdiction from causing harm to other states or their populations. This includes environmental harm resulting from activities that contribute to climate change. The International Court of Justice has affirmed that states must ensure that activities under their control do not cause damage to the environment of other states or areas beyond national jurisdiction.
Pakistan’s vulnerability to climate-induced disasters, such as the recent floods, is a direct consequence of emissions from industrialized nations. Despite contributing minimally to global emissions, Pakistan faces the brunt of climate impacts, including extreme weather events, rising sea levels, and melting glaciers. These impacts threaten the right to life, health, housing, and an adequate standard of living for Pakistan’s citizens, as recognized under international human rights law. Every flood destroys livelihoods, displaces families, and leaves children without schools —an assault not only on life but on dignity and the fundamental rights of future generations.
THE CASE FOR REPARATIONS: The concept of reparations is grounded in the need to address historical injustices and provide redress to those harmed. In the context of climate change, reparations would involve financial and technical support from industrialized nations to assist countries like Pakistan in mitigating and adapting to climate impacts. This support should go beyond voluntary aid and take the form of binding commitments and compensation for loss and damage.
At the 2023 COP28 conference, a Loss and Damage Fund was established to provide financial assistance to countries suffering from climate impacts. However, the initial pledges to this fund amounted to approximately $700 million, a sum that covers less than 0.2 percent of the estimated $400 billion in annual losses developing countries face due to climate change. This glaring disparity underscores the insufficiency of current international efforts and the urgent need for a more robust and equitable approach. Mere pledges, without accountability, cannot prevent future tragedies or restore lives already lost.
The floods in Buner are a stark reminder of the human cost of climate change and the urgent need for reparations. Pakistan’s suffering is not an isolated incident but part of a broader pattern of injustice faced by vulnerable nations. Industrialized nations cannot claim ignorance; they have the means and the responsibility to act. True climate justice requires legally binding reparations, robust funding for loss and damage, and the recognition that human rights are inseparable from environmental stewardship. Only through these measures can we hope to restore dignity to those affected and ensure that tragedies like the Buner floods are not repeated. Reparations are are a legal and moral obligation.
THE ROLE OF INDUSTRIALIZED NATIONS: The historical responsibility for climate change lies predominantly with industrialized nations, which have emitted the majority of greenhouse gases since the Industrial Revolution. The USA, for instance, has contributed approximately 25 percent of global cumulative CO₂ emissions, while the European Union has contributed roughly 15 percent. In contrast, Pakistan’s cumulative emissions are negligible, yet it faces some of the most severe consequences of climate change.
These nations have a legal and moral obligation to compensate Pakistan and other vulnerable countries for the loss and damage incurred due to their actions. This compensation should not be framed as charity or goodwill but as a legal obligation to address the harm caused by their emissions. Without such reparations, the cycle of injustice continues, leaving the most vulnerable populations to bear the cost of a crisis they did not create.
STORIES BEHIND THE NUMBERS: Numbers alone cannot capture the human suffering behind these floods. In Buner, entire families were washed away while trying to save livestock or flee collapsing homes. Children who survived are now homeless, attending makeshift learning centres under tarpaulins, exposed to the harsh monsoon rains. Elderly survivors recount how rescue teams arrived too late to save neighbors trapped by sudden landslides. Women in remote villages, cut off from roads and aid, struggle to access basic necessities while also caring for traumatized children. These stories highlight that climate change is not an abstract problem; it is a matter of human rights and human dignity.
THE PATH FORWARD
To ensure justice and accountability, the following steps should be taken:
- ESTABLISH A BINDING CLIMATE REPARATIONS FRAMEWORK: Industrialized nations must commit to legally binding agreements that provide financial and technical support to countries like Pakistan. These agreements should be based on the principle of common but differentiated responsibilities and respective capabilities.
- FULLY FUND THE LOSS AND DAMAGE FUND: The international community must increase contributions to the Loss and Damage Fund to meet the estimated needs of developing countries. This funding should be predictable, adequate, and accessible, ensuring that it reaches those most affected by climate impacts.
- IMPLEMENT CLIMATE JUSTICE MECHANISMS: National and international courts should be empowered to adjudicate claims related to climate-induced harm, providing a legal avenue for affected communities to seek redress. This could include mechanisms for assessing liability, quantifying damages, and enforcing reparations, ensuring that countries causing harm are held accountable.
- PROMOTE CLIMATE JUSTICE EDUCATION AND ADVOCACY: Raising awareness about the legal dimensions of climate change and the rights of affected communities is crucial for building public support and political will for reparations. Communities must understand their rights, and global citizens must understand their responsibilities toward vulnerable nations.
- STRENGTHEN LOCAL RESILIENCE MEASURES: While international reparations are essential, Pakistan must also receive support for long-term infrastructure improvements, early warning systems, and climate-resilient housing. Investments in local resilience save lives and reduce the economic impact of future disasters.
The floods in Buner are a stark reminder of the human cost of climate change and the urgent need for reparations. Pakistan’s suffering is not an isolated incident but part of a broader pattern of injustice faced by vulnerable nations. Industrialized nations cannot claim ignorance; they have the means and the responsibility to act. True climate justice requires legally binding reparations, robust funding for loss and damage, and the recognition that human rights are inseparable from environmental stewardship. Only through these measures can we hope to restore dignity to those affected and ensure that tragedies like the Buner floods are not repeated. Reparations are not charity, they are a legal and moral obligation.
