Progressive Realization of Human Rights in Climate-Induced Displacement: Assessing Indonesia's Legal Framework under the ICESCR

Dewi, Chloryne Trie Isana

Brawijaya Law Journal : Journal of Legal Studies
Vol. 13 No. 1 (2026): Contemporary Trends in Criminal Law Reform: Procedural Innovations, Rights, an

The escalating internal displacement triggered by climate-induced disasters underscores a critical, unresolved intersection between climate change adaptation, disaster management protocols, human mobility, and international human rights law, particularly socio-economic rights which are often unconsidered. The ad-hoc temporary logistical approach in providing assistance to the climate-induced displaced people resulted in the unfulfillment of their basic needs under category of economic, social and cultural rights. Although the realization of these rights is progressive under international law, states must still meet “minimum core obligations” that require immediate action, even under fiscal constraints. This research critically examines Indonesia's responsibility under the International Covenant on Economic, Social and Cultural Rights (ICESCR) amid climate-induced displacement. Employing a socio-legal approach, this study analyses national legislation—predominantly Law No. 24 of 2007 on Disaster Management—supplemented by empirical insights and comparative analysis with Fiji's progressive Human Rights-Based Approach (HRBA) climate mobility frameworks. The findings reveal that, while climate change is technically incorporated into Indonesia's disaster management framework, there is a legislative loophole that explicitly mandates a Human Rights-Based Approach (HRBA). Consequently, during prolonged displacement, essential socio-economic guarantees become vulnerable to fiscal trade-offs and bureaucratic stagnation. Although under the doctrine of “progressive realization, fulfilling those rights cannot be achieved instantaneously”, Indonesia's current policies exhibit significant legal and operational retrogression. Ultimately, this article argues that it is crucial for Indonesia to enact structural legal reforms, transitioning from temporary humanitarian charity to mandatory rights-based obligations, to ensure the fundamental rights of vulnerable populations are strictly upheld during climate crises.