The first climate refugees

There is a new phenomenon in the global arena called “Climate Refugees”. A climate refugee is a

person displaced by climatically induced environmental disasters. Such disasters result from incremental and rapid ecological change, resulting in

increased droughts, desertification, sea level rise, and the more frequent occurrence of extreme

weather events such as hurricanes, cyclones, fires, mass flooding and tornadoes. All this is causing

mass global migration and border conflicts.

CLIMATE REFUGEES

WHAT ARE CLIMATE REFUGEES?

Different terms have been used to refer to these future victims of climate change, like “environmental refugees”, “environmental migrants” or  “environmentally displaced persons”. We propose to refer to these people as “climate refugees”, which we define as: people who have to leave their habitats, immediately or in the near future, because of sudden or gradual alterations in their natural environment related to at least one of three impacts of climate change: sea-level rise, extreme weather events, and drought and water scarcity.

Climate change threatens to cause the largest refugee crisis in human history. More than 200 million people, largely in Africa and Asia, might be forced to leave their homes to seek refuge in other places or countries over the course of the century. Many climate refugees may seek refuge in their own countries; others will need to cross borders to find a new home. Some local refugee crises, in particular in the richer countries in the North, may be prevented through adaptation measures. Many poorer countries, however, are unlikely to be able to initiate sufficient adaptation programmes, and climate-induced migration might be the only option for many communities in the South. In these situations, climate refugees will need to rely on effective protection and support from the international community.

WHAT IS THE STATUS OF THE DISPLACED ?

No international or national legislation explicitly recognizes or defines

‘environmentally displaced persons’ and there are no bodies mandated to offer them

protection. The Guiding Principles for Internal Displacement covers those displaced by

natural or human-made disasters. Principles 10-27 detail the protection that should be provided during displacement but this only applies to those who have not crossed an

international border. In order to address these gaps advocacy groups are seeking expansion of the term ‘refugee’. However, it needs to be

asked whether this is the best way to offer protection to those displaced by

environmental degradation.

No international or national legislation

explicitly recognizes or defines

‘environmentally displaced persons’ and

there are no bodies mandated to offer them protection. The Guiding Principles for Internal Displacement covers those displaced by

natural or human-made disasters. Principles

10-27 detail the protection that should

be provided during displacement but this only applies to those who have not crossed

an international border.

What is the status of the displaced?

In order to address these gaps advocacy groups are seeking expansion of the term ‘refugee’. However, it needs to be asked whether this is the best way to offer protection to those displaced by environmental degradation.

Avoiding the term ‘refugee’, UNHCR has cautiously moved towards a definition of environmentally displaced persons as those:“ e n v i r o n m e n ta l ly d i s p l a c e d p e o p l e” as “who are displaced from or who feel obliged to leave their usual place of residence, because their lives, livelihoods and welfare have been placed at serious risk as a result of adverse environmental, ecological or climatic processes and events” To avoid confusion with other categories, such a definition makes no reference to cross-border movement, nor to displacement related to persecution, armed conflict or human rights violations. Use of incorrect terminology gives governments grounds to disregard advocacy on behalf of the environmentally displaced.

Can the environmentally displaced be termed as “refugees”

The first key point is that ‘environmental/climate refugee’ is legally incorrect. A ‘refugee’ is defined as someone who has a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion” and “is outside the country of his/her nationality”. Currently this definition does not include those displaced by environmental factors. Use of the term without any legal expansion of the definition potentially exposes groups and individuals to accusations of naivety and failing to produce a sound legal basis for argument

Well being of climate refugees

Actions to

Protect

Promoting the development of more sophisticated typologies of environmentally induced migration;

Generating, collating and disseminating reliable data on the numbers of people migrating because of environmental impacts;

Promoting the identification and mapping of potential environmental ‘hotspots’, ‘tipping points’ and migration trends in relation to environmental depletion;

Enhancing knowledge of livelihood resilience, successful adaptation, preparedness and coping strategies used by local populations to mitigate the impacts of environmental change;

Supporting research which will enhance understanding of the relationship between environmental change and conflict;

Commissioning research on potential governance models for areas experiencing degradation and migration pressures.

INTERNATIONAL CAMPAIGN ON CLIMATE REFUGEE RIGHTS LAUNCHED AT UN TALKS

COPENHAGEN–Civil society groups Friday launched an International Campaign on Climate Change Refugees’ Rights on the sidelines of climate talks here in the Danish capital.The social movement groups from Asia, Africa and Latin America joined are demanding the rights of millions of people being displaced by climate change.At the launching of the campaign, Ahmed Swapan Mahmud, executive director of VOICE, a Bangladesh-based NGO, said, “Global civil society groups should come forward to build a wider constituency to claim the justice and rights of the climate-induced refugees.”Mr Ahmed also demanded that “a legal safeguard protocol should be in place to ensure the political, social, cultural and economic rights of the climate refugees by the international community.”Goldman Prize Winner and the Executive Director of Bangladesh Environmental Lawyers Association (BELA) Rizwana Hasan was also present at the launch. She also stressed the need for a legal institutional framework for the victims of climate change.

Demba Moussa Dembele, the Chair of the LDC Watch from Senegal, and a member of the international committee of the campaign said, “We don’t want climate change but system change.” He said the need of the hour is a new type of relationship between the North and the South to combat  climate change and ensure rights and justice for climate refugees. The International Campaign on Climate Refugees’ Rights (ICCR) is a global independent association aiming at asserting and realizing the rights and ensuring justice to climate-induced displaced victims—climate refugees. Civil society groups from Asia, Africa, Latin and Central America consisting of Bangladesh, India, Nepal, Sri Lanka, Pakistan, Indonesia, Senegal, Uganda, EL Salvador etc, are the members of this campaign while currently the secretariat is based in Dhaka, Bangladesh.

Dr Ahasan Uddin, one of the authors of the Intergovernmental Panel on Climate Change (IPCC) from Bangladesh demanded a review of the Geneva Convention on Refugees of 1951 in light of climate change.

Demanding the recognition of climate debt, Lidy Nacpil from Jublee South-Asia Pacific Movement on Debt and Development (APMDD) said “We are not asking assistance or aid butreparations from the industrialized countries for the over extraction and consumption of natural resources.”

InternationalLegal Protection

Giving priority to protecting the most vulnerable and ensuring access to adequate health services, information and education, are not only indispensable to strengthening climate change resilience and reducing risks; such measures are dictated by the legal obligations of States under human rights law.

In the face of climate change-related threats, the human rights perspective adds one important dimension. National and international human rights law provide important safeguards and guidelines for the protection of affected individuals and communities.

Three areas of international law are relevant: Refugee Law, Climate Change Law and Human Rights Law. Climate change refugees are not currently recognized or protected by any of these international legal regimes.

The Refugee Convention definition of 'Refugee' does not include climate refugees. The current definition focuses on persecution based on race, relation, nationality, political opinion or membership of a particular social group. As such climate refugees cannot make a claim for asylum under the Refugee Convention.

There is also the risk that use of the term ‘climate refugee’ will reduce the viability and utility of the term for those who are currently eligible for protection under the legal definition of refugee provided by the 1951 Convention. Politicians and the public may judge ‘economic’ or ‘environmental’ refugees to be taking illegitimate advantage of refugee protection mechanisms.

Therefore, far from encouraging the government to recognise an expanded group of persons in need of protection, the incorrect use of the term could in fact lead to reduced opportunities for all refugees to obtain recognition and protection.

MORAL AND LEGAL CLAIMA specific regime is needed for the people uprooted by climate change, according to environmental policy expert Biermann. Those affected share a number of characteristics that set them apart from the political refugees and economic migrants that the world has seen in the past: "climate refugees" will not be able to return to their homelands after a temporary asylum. They are likely to migrate in large numbers, collectively and relatively predictably. And, most importantly, they have a strong moral and legal claim against the international community, since the world's richest nations have done most to cause their problems. That is why Biermann considers that "a new legal instrument specifically tailored for the needs of climate refugees" needs to be created "as well as a separate funding mechanism". A protocol to the existing United Nations Framework Convention on Climate Change (UNFCCC) could be such an instrument.

Given the recognised protection needs of the environmentally displaced in the Asia-Pacific region, as well as the current legal and political obstacles of recognising this group as ‘refugees’, the following points may serve as a starting point for developing more effective advocacy for the protection of ‘environmentally displaced persons’:

Develop a clear definition of an ‘environmentally displaced person’ (EDP) as a basis for advocacy and the development of policy

Encourage governments to recognise the plight of EDPs and support the development of migration agreements to assist potentially displaced persons. New Zealand’s agreements with Pacific states could provide an exampleEncourage governments to sign up to and adhere to the Guiding Principles for Internal Displacement and to recognise their applicability to the protection needs of those displaced as a result of climate change within country borders.

THIS PRESENTATION WAS MADE BY:•KRITIKA CHOUDHARY, ROLL NUMBER 853, ROOM 10•AFREEN KHURSHID, ROLL NUMBER 854, ROOM 10•PREETI CHOWDHURY, ROLL NUMBER 855, ROOM 10•KYNETHA TORCATO, ROLL NUMBER 856, ROOM 10