Is universal access to energy a human right?

Access to energy is interconnected with basic rights like right to life, food, health, shelter, education etc.

In this modern era, it is undoubtedly true that energy becomes an inalienable part of our day to day life and we become extremely dependent on energy to run our life smoothly. Moreover, energy is crucial for overall development of the country and empowerment of the people as well. Emergences of contemporary technologies make us more energy dependent day by day. Hence universal access to energy for all is not only essential to ensure continuous spin of the wheel of development but also to enhance standard of livelihood of the nation. Despite that, The Least Developed Country (LDC) Report 2017 released by the UN on 21 November says government can’t reach electricity to more than one-third (60%) population of the country-the lowest among all the Asian LDCs whereas access to sufficient, regular, safe, reliable, affordable and diverse energy resources is key to eradicate poverty and ensure economic progress with equity and social inclusion.

Bangladesh is an energy deficient country which cannot fulfill the demand yet. On the contrary, the demand is increasing every day, but the government is failed to produce and distribute expected amount of energy in precise electricity due to many factors. In addition, still its network cannot cover the whole populace of the territory. Apart from these, there are influential factors which also create barrier in getting electricity like high price, consumers’ poor economic condition etc. Although Bangladesh has taken several initiatives to increase the production of electricity over the past decade but all these obstacles collectively make a challenge for the country to reach the Sustainable Development Goals of universal access to modern energy by 2030.

However, universal access to energy is not only a human right itself rather it is greatly interconnected with other basic rights e.g. right to life, food, health, shelter, education etc.  Nevertheless, yet there is no express legally enshrined guarantee of access to energy in all its aspects by the State in this country. That does not mean the government can avoid its obligation to make energy accessible to all. Nowadays, reasonable and effective access to energy services is regarded as human right world-wide. Although there is no precise provision but the interpretation of existing legal instruments and whole notion of the constitution can oblige the State to treat it as a basic human right.

The human right to universal access to energy is also not specifically recognized in international human rights instruments adopted by different organizations. Despite that, several leading international organizations have formulated legally binding instruments referring the right to get access to energy either directly or indirectly. The Universal Declaration of Human Rights (UDHR) of 1948 recognizes numerous rights which are highly intertwined with access to energy and unachievable without adequate access to energy services. For example, right to standard living, right to work under satisfactory condition and even right to education are impossible to give its full meaning without proper access to energy.

Moreover, the socio-economic destination fixed by the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 would be turned into only a far reaching text enumerated on white paper if you cannot establish access to energy as a right. Without ensuring access to energy how can we guarantee highest attainable standard of physical and mental health enumerated in Art. 12 of the ICESCR.

Further, energy is heavily entwined with other basic human rights and in most of the cases a pre-requisite to fulfill the other rights. Other mentionable international documents like the Convention on the Elimination of Discrimination against Women, the American Convention on Human Rights, the African Charter of Human and Peoples’ Rights, the Johannesburg Declaration on Sustainable Development, the UN Declaration on the Right to Development, the Stockholm Declaration on the Human Environment etc. state improvement and protection of various human rights through universal access to energy. Bangladesh is a state party to many of these conventions and thereby bound to fulfill all the obligations imposed by them.

However, if we now turn our attention into national level then we can notice that the long run dream of the nation to be “Sonar Bangla” seeds in the Constitution of the People’s Republic of Bangladesh would not be achievable without ensuring adequate access to energy to all. Both the fundamental principles of State policy and the fundamental rights chapters of the constitution contain provisions which are heavily dependent on universal and effective access to energy. Art. 15 of the constitution entails a number of rights essential for the realization of the right to an adequate standard of living, including access to adequate food, clothing and housing, and to the continuous improvement in living conditions. All these rights are interrelated with easy access to energy in any way.

The same article also imposes responsibility on the State to ensure decent work condition which is inalienable with proper access to energy. Additionally, art. 16 focuses on rural and agricultural development while universal access to energy is most effective and crucial instrument to bring positive changes in this sector. However, the present situation is highly discriminatory while half of rural population has no access to electricity. On the contrary, according to the UN LDCs Report 2017 84% urban inhabitants get electricity albeit the rate is still unsatisfactory compared to the world average.

Nevertheless, subsequent couple of articles of the constitution again emphasized on right to education, health and environmental protection and preservation which are not at all attainable by the State without having access to energy to all.

Furthermore, article 31 deals with right to life as a fundamental right which undoubtedly includes right to livelihood as well. However, right to life enshrined in our constitution doesn’t mean right to breath and live like an animal only rather it gives a full meaning of life including right to live with dignity which was also affirmed by the judiciary in Ain O Salish Kendra Vs Bangladesh, 1999 BLD 488 case. However, Indian judiciary also played significant role in interpreting the meaning of right to life. Even they declared compensation for the violation of right to life in various cases i.e. RudulSah v. State of Bihar, (1983) 4 SCC 141; Bhim Singh v. State of J&K, (1985) 4 SCC 677; M.C. Mehta v. Union of India, (1987) 1 SCC 395; Hussain v. State of Kerala, (2000) 8 SCC 139.

Therefore, to give full meaning to life, State must take necessary arrangement to ensure universal access to energy non-discriminatorily. This is a constitutional obligation upon the State and enforceable right by the court. So, there is no scope of evading this responsibility by telling that there is no specific provision on right to get access to energy rather if we consider the whole notion of the constitution then it is evident that the aim of the constitution is to gradually enhance the standard of livelihood of the peoples of this republic.

To recapitulate, the State mechanism should look the matter of universal access to modern energy from a human right perspective to make it more inclusive. In addition, it is also mandatory to deal the issue with great intelligence for the betterment of the nation and sustainable development. As our resources are limited hence we should progressively make modern energy services available on the basis of equality and non-discrimination to the whole population including those most underprivileged.

The writer is  a Chevening Scholar 2017-18; now pursuing LLM in International Energy Law & Policy at the University of Stirling, UK; an Advocate at the Supreme Court of Bangladesh; Legal Researcher and Rights Activist. He can be reached at: [email protected]

Is universal access to energy a human right?

Access to energy is interconnected with basic rights like right to life, food, health, shelter, education etc.

In this modern era, it is undoubtedly true that energy becomes an inalienable part of our day to day life and we become extremely dependent on energy to run our life smoothly. Moreover, energy is crucial for overall development of the country and empowerment of the people as well. Emergences of contemporary technologies make us more energy dependent day by day. Hence universal access to energy for all is not only essential to ensure continuous spin of the wheel of development but also to enhance standard of livelihood of the nation. Despite that, The Least Developed Country (LDC) Report 2017 released by the UN on 21 November says government cant reach electricity to more than one-third (60%) population of the country-the lowest among all the Asian LDCs whereas access to sufficient, regular, safe, reliable, affordable and diverse energy resources is key to eradicate poverty and ensure economic progress with equity and social inclusion. Bangladesh is an energy deficient country which cannot fulfill the demand yet. On the contrary, the demand is increasing every day, but the government is failed to produce and distribute expected amount of energy in precise electricity due to many factors. In addition, still its network cannot cover the whole populace of the territory. Apart from these, there are influential factors which also create barrier in getting electricity like high price, consumers poor economic condition etc. Although Bangladesh has taken several initiatives to increase the production of electricity over the past decade but all these obstacles collectively make a challenge for the country to reach the Sustainable Development Goals of universal access to modern energy by 2030. However, universal access to energy is not only a human right itself rather it is greatly interconnected with other basic rights e.g. right to life, food, health, shelter, education etc. Nevertheless, yet there is no express legally enshrined guarantee of access to energy in all its aspects by the State in this country. That does not mean the government can avoid its obligation to make energy accessible to all. Nowadays, reasonable and effective access to energy services is regarded as human right world-wide. Although there is no precise provision but the interpretation of existing legal instruments and whole notion of the constitution can oblige the State to treat it as a basic human right. The human right to universal access to energy is also not specifically recognized in international human rights instruments adopted by different organizations. Despite that, several leading international organizations have formulated legally binding instruments referring the right to get access to energy either directly or indirectly. The Universal Declaration of Human Rights (UDHR) of 1948 recognizes numerous rights which are highly intertwined with access to energy and unachievable without adequate access to energy services. For example, right to standard living, right to work under satisfactory condition and even right to education are impossible to give its full meaning without proper access to energy. Moreover, the socio-economic destination fixed by the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966 would be turned into only a far reaching text enumerated on white paper if you cannot establish access to energy as a right. Without ensuring access to energy how can we guarantee highest attainable standard of physical and mental health enumerated in Art. 12 of the ICESCR. Further, energy is heavily entwined with other basic human rights and in most of the cases a pre-requisite to fulfill the other rights. Other mentionable international documents like the Convention on the Elimination of Discrimination against Women, the American Convention on Human Rights, the African Charter of Human and Peoples Rights, the Johannesburg Declaration on Sustainable Development, the UN Declaration on the Right to Development, the Stockholm Declaration on the Human Environment etc. state improvement and protection of various human rights through universal access to energy. Bangladesh is a state party to many of these conventions and thereby bound to fulfill all the obligations imposed by them. However, if we now turn our attention into national level then we can notice that the long run dream of the nation to be Sonar Bangla seeds in the Constitution of the Peoples Republic of Bangladesh would not be achievable without ensuring adequate access to energy to all. Both the fundamental principles of State policy and the fundamental rights chapters of the constitution contain provisions which are heavily dependent on universal and effective access to energy. Art. 15 of the constitution entails a number of rights essential for the realization of the right to an adequate standard of living, including access to adequate food, clothing and housing, and to the continuous improvement in living conditions. All these rights are interrelated with easy access to energy in any way. The same article also imposes responsibility on the State to ensure decent work condition which is inalienable with proper access to energy. Additionally, art. 16 focuses on rural and agricultural development while universal access to energy is most effective and crucial instrument to bring positive changes in this sector. However, the present situation is highly discriminatory while half of rural population has no access to electricity. On the contrary, according to the UN LDCs Report 2017 84% urban inhabitants get electricity albeit the rate is still unsatisfactory compared to the world average. Nevertheless, subsequent couple of articles of the constitution again emphasized on right to education, health and environmental protection and preservation which are not at all attainable by the State without having access to energy to all. Furthermore, article 31 deals with right to life as a fundamental right which undoubtedly includes right to livelihood as well. However, right to life enshrined in our constitution doesnt mean right to breath and live like an animal only rather it gives a full meaning of life including right to live with dignity which was also affirmed by the judiciary in Ain O Salish Kendra Vs Bangladesh, 1999 BLD 488 case. However, Indian judiciary also played significant role in interpreting the meaning of right to life. Even they declared compensation for the violation of right to life in various cases i.e. RudulSah v. State of Bihar, (1983) 4 SCC 141; Bhim Singh v. State of JK, (1985) 4 SCC 677; M.C. Mehta v. Union of India, (1987) 1 SCC 395; Hussain v. State of Kerala, (2000) 8 SCC 139. Therefore, to give full meaning to life, State must take necessary arrangement to ensure universal access to energy non-discriminatorily. This is a constitutional obligation upon the State and enforceable right by the court. So, there is no scope of evading this responsibility by telling that there is no specific provision on right to get access to energy rather if we consider the whole notion of the constitution then it is evident that the aim of the constitution is to gradually enhance the standard of livelihood of the peoples of this republic. To recapitulate, the State mechanism should look the matter of universal access to modern energy from a human right perspective to make it more inclusive. In addition, it is also mandatory to deal the issue with great intelligence for the betterment of the nation and sustainable development. As our resources are limited hence we should progressively make modern energy services available on the basis of equality and non-discrimination to the whole population including those most underprivileged. The writer is a Chevening Scholar 2017-18; now pursuing LLM in International Energy Law Policy at the University of Stirling, UK; an Advocate at the Supreme Court of Bangladesh; Legal Researcher and Rights Activist. He can be reached at: [email protected]