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Article For Climate Refugees
Article For Climate Refugees
Abstract:
The phenomenon of climate change is rapidly reshaping the global landscape,
causing environmental disruptions and exacerbating the vulnerabilities of communities
worldwide. One of the profound consequences of climate change is the emergence of climate
refugees, individuals or groups forced to flee their homes due to the adverse impacts of
climate-related events. The phenomenon of climate-induced migration has resulted in the
emergence of a new category of displaced individuals known as climate refugees. As the
adverse impacts of climate change continue to escalate, it becomes increasingly crucial to
address the challenges and implications associated with these displaced populations. This
abstract explores the need for the recognition of the concept of climate refugees from both
legal and humanitarian perspectives. The abstract then focuses on the existing legal
frameworks and international policies governing climate refugees. It highlights the
inadequacies and fragmentation of these frameworks, pointing out the lack of a clear
definition and internationally recognized status for climate refugees. The resulting
difficulties faced by climate refugees in accessing rights and support are emphasized.
Recognizing the urgency of the situation, the abstract calls for a comprehensive and
collaborative approach to addressing climate-induced migration. It emphasizes the need to
strengthen legal and policy frameworks to provide better protection and assistance to climate
refugees. International cooperation and solidarity are deemed essential for offering financial
and technical support to affected countries and communities. the abstract underscores the
importance of mitigation and adaptation efforts to reduce the scale and severity of
displacement. It emphasizes the need for immediate action to mitigate greenhouse gas
emissions, promote sustainable development, and enhance the resilience of vulnerable
communities. This abstract highlights the pressing need for the recognition of climate
refugees both legally and from a humanitarian standpoint. It emphasizes the challenges and
implications associated with climate-induced migration and underscores the importance of a
comprehensive response involving legal reforms, international cooperation, and climate
change mitigation and adaptation efforts. Recognizing climate refugees as a distinct and
vulnerable group is crucial for ensuring their protection and creating a more just and
sustainable future. Climate change is primarily caused by global factors and has far-
reaching implications that extend beyond national boundaries. This abstract explores the
causes of climate change and their relationship to climate-induced migration, highlighting
the international nature of both phenomena.The abstract identify the main causes of climate
change, focusing on global factors originating from human activities. It highlights the
release of greenhouse gases, primarily carbon dioxide (CO2), methane (CH4), and nitrous
oxide (N2O), into the atmosphere as a result of activities such as burning fossil fuels,
deforestation, agricultural practices, and industrial processes. These emissions contribute to
the greenhouse effect, leading to an increase in global temperatures.The abstract emphasizes
that climate change is predominantly caused by global factors and has profound implications
that extend beyond national boundaries. It highlights the relationship between climate
change and climate-induced migration, underscoring the international nature of both
phenomena. The abstract emphasizes the importance of international cooperation and action
in addressing the causes of climate change, mitigating its impacts, and supporting climate
refugees. Recognizing the global nature of climate change is crucial for developing effective
strategies to combat it and to ensure the well-being of affected populations and the
sustainability of our planet.
KEYWORDS
“Climate change is now found to be the key factor accelerating all other drivers of forced
displacement. These persons are not truly migrants, in the sense that they did not move
voluntarily. As forcibly displaced not covered by the refugee protection regime, they find
themselves in a legal void.”
The World Commission on Environment and Development Report, one of the earliest
reports to refer to the phenomenon of environmental refugees, recognized as far back as 1987
that millions of people would be forced to flee their homes for environmental reasons 1 .At
present, individuals who migrate due to climate change impacting their livelihood or safety
are not entitled to protection under the 1951 Refugee Convention and its 1967 Protocol,
which form the backbone of most asylum systems worldwide. Many argue that opening the
UN Refugee Convention and revising the definition of who classifies as a refugee could
1
The WCED, Our Common Future 291 (1987). A recent document to endorse adaptation is the Bali Action
Plan , a product of the United Nations CC Conference in Bali in December 2007. United Nations Climate Change
Conference , URL: http://unfccc.int/meetings/cop-13/items/4049.php.
result in an even narrower definition given today’s highly politicized climate. 2 Despite a lack
of agreement over its definition, the term “climate refugee” has gained popularity in recent
years and is now used by politicians, international organizations, NGOs, academics and
media outlets. Along with the broad category of “refugee,” the terms “climate refugee” and
“climate migrant” have been racialized and stigmatized over the last decade. 3 Some argue for
a broader, more encompassing concept. For example, the International Organization for
Migration uses the term “environmentally displaced persons,” which it defines as “persons
who are displaced within their country of habitual residence or who have crossed an
international border and for whom environmental degradation, deterioration, or destruction is
a major cause of their displacement, although not necessarily the sole one.”4 Others are
skeptical of the extent to which climate-induced migration poses a threat, arguing that in the
cases of floods and other environmental havoc, the vast majority of people move short
distances internally and at times temporarily –– such as to the next neighborhood, village or
town –– and that most people living in developing countries do not have the resources to
move longer distances or across borders.5The United Nations High Commissioner for
Refugees (UNHCR) has thus been hesitant to extend the term “refugee” to people displaced
externally and internally due to climate disruption, arguing that those displaced as a result of
environmental change can still rely on the protection of their national governments, whereas
traditional refugees cannot.6 In the absence of an agreed upon definition, we discuss the
different options available to provide protection to individuals displaced by climate change.
The UN Refugee Agency (UNHCR) defines refugees as people who have fled war,
violence, conflict or persecution and have crossed an international border to find safety in
another country.7 The global 1951 Refugee Convention defined a refugee as “someone who is
unable or unwilling to return to their country of origin owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group,
or political opinion”.8 The concept of climate refugees refers to individuals or groups who are
forced to leave their homes and seek refuge in other areas or countries due to the adverse
impacts of climate change. Climate refugees are distinct from traditional refugees who flee
due to persecution, conflict, or violence. Instead, climate refugees are driven by the direct or
indirect consequences of environmental degradation and climate-related events.Climate
change can lead to various environmental factors that disrupt ecosystems and make certain
areas uninhabitable or unsustainable for human settlement. These factors include rising sea
2
Elizabeth Ferris and Jonas Bergmann, “Soft law, migration and climate change governance,” Journal of
Human Rights and the Environment 8, no. 1 (2017): 6-29, https://doi.org/10.4337/jhre.2017.01.01.
3
Lydia Ayame Hiraide, “Climate Refugees: A Useful Concept? Towards an Alternative Vocabulary of Ecological
Displacement,” Politics (February 2022), https://doi.org/10.1177/02633957221077257.
4
Lydia Ayame Hiraide, “Climate Refugees: A Useful Concept? Towards an Alternative Vocabulary of Ecological
Displacement,” Politics (February 2022), https://doi.org/10.1177/02633957221077257.
5
Hein de Haas, “Climate refugees. The fabrication of a migration threat,” Hein de Haas (personal blog),
January 31, 2020, http://heindehaas.blogspot.com/2020/01/climate-refugees-fabrication-of.html.
6
Joanna Apap, “The concept of ‘climate refugee’: Towards a possible definition,” EPRS: European
Parliamentary Research Service, Belgium, 2019, https://policycommons.net/artifacts/1335316/the-concept-
of-climate-refugee/1941760/.
7
https://www.unhcr.org/ visited on15/06/2023 at 1:10 pm
8
Convention relating to the Status of Refugees opened for signature 28.7.1951, 189 U.N.T.S. 137, 137-38, URL:
http: //www2.ohchr.org/english/law/pdf/refigees.pdf.
levels, extreme weather events (such as hurricanes, floods, and droughts), desertification,
land degradation, and the loss of agricultural productivity. As a result, climate refugees often
face challenges such as loss of livelihoods, food insecurity, water scarcity, and increased
vulnerability to natural disasters.Climate activists have been demanding that people displaced
by the impacts of climate change be called refugees, but the term is highly politicised.
Governments around the world fear that by attaching a legally coded label to the problem,
they will be held responsible for this new humanitarian crisis. The urgency of this
conversation is increasing as more and more people are displaced by climate change impacts.
In its 2018 Global Compact on Refugees, the UN stated that “climate, environmental
degradation and disasters increasingly interact with the drivers of refugee movements”. That
is not the same as granting people displaced by climate change refugee status under
international law. The UNHCR agrees that “people may have a valid claim for refugee status,
for example, where the adverse effects of climate change interact with armed conflict and
violence”. In 2020, the agency issued a set of “Legal Considerations” to “guide interpretation
and steer international discussion on such claims”, while refusing to endorse the term
“climate refugee”. Instead, it said: “It is more accurate to refer to persons displaced in the
context of disasters and climate change.”The term "climate refugee" is not recognized under
international law, and there is no specific legal framework to protect or provide assistance to
climate refugees. However, the concept highlights the need to address the plight of
individuals and communities displaced by climate change and to develop appropriate policies
and strategies to support them.The term "climate refugee" has sparked discussions and
debates, as some argue that it may oversimplify the complex nature of migration driven by
climate change. Critics argue that it is challenging to attribute specific migration decisions
solely to climate factors, as migration is often influenced by a combination of environmental,
economic, political, and social factors. Moreover, the term "refugee" carries legal
implications under the 1951 Refugee Convention, which does not explicitly include climate-
related causes.Nevertheless, the concept of climate refugees draws attention to the urgent
need to address the impacts of climate change on human populations and to provide
assistance and protection to those affected. It underscores the importance of global
cooperation, mitigation efforts to reduce greenhouse gas emissions, adaptation measures to
build resilience, and the development of inclusive policies to support climate-affected
populations.
The term Environmental Refugee was coined by ‘Lester Brown’ of the Worldwatch
Institute in the 1970s. In 1984,the term was used in an Earthscan’s publication 9. In 1985, the
UNEP produced the first “environmental refugee”definition: “those people who have been
forced to leave their traditional habitat, temporarily or permanently,because of a marked
environmental disruption that jeopardized their existence and/or seriously affected the quality
of their life10.The Climate Change is not expressly listed in this definition, but it may fall
9
Timberlake, L, (1984), “Environment and Conflict: Links between Ecological Decay, Environmental Bankruptcy
and Political and Military Instability”, (Earthscan Briefing Document No. 40).
10
“By ‘environmental disruption’ in this definition is meant any physical, chemical and/or biological changes in
the ecosystem (or resource base) that render it, temporarily or permanently, unsuitable to support human
life.” Id. Professor Robert McLeman of the University of Ottawa ad dressed reservations as sociated with the
United Nation
within a social group context11. Persons whose displacement is environmentally-induced do
not flee from ‘well-founded fear of persecution’. As a result, the use of the term ‘refugee’ to
refer to persons whose displacement is prompted by environmental degradation would point
to nature as the persecuting agent instead of man’s unsustainable use of resources 12. Neither
the environment nor Climate Changes can by any stretch of the imagination fall under the
five reasons: race, religion, nationality, membership of a particular social group or political
opinion stipulated in the 1951 U.N. Convention.
Climate refugees differ from other forms of forced migration in several key ways. While
forced migration can arise from a variety of factors, including conflict, persecution, and
economic instability, climate-induced migration specifically stems from the impacts of
climate change.It may however be noted that CR are generally governed by national laws and
are supported by National government in regrds to rehabilitation and resettlement and other
needs whereas other types of migrants are not that much fortunate.This is also because those
who cross international borders are not considered as a obligation by host country rather they
are considered as a burden . Here are some important distinctions between climate refugees
and other forms of forced migration:
Causes: Climate refugees are compelled to leave their homes due to environmental factors
directly or indirectly linked to climate change, such as rising sea levels, droughts, floods, and
extreme weather events. In contrast, other forms of forced migration may result from political
persecution, armed conflict, human rights abuses, or economic factors.
Legal Status: While there is no specific legal framework recognizing climate refugees,
individuals displaced by other factors, such as conflict, can be legally recognized as refugees
under the 1951 Refugee Convention and may have access to specific rights and protections.
Climate refugees, on the other hand, do not have the same legal status or protections, as their
displacement is not explicitly covered under existing international refugee law.
Environmental Programme definition of environmental refugee when he stated that “most suggested
examples
involving environmental refugees, such as Darfur or Rwanda, have also been influenced by other significant,
non climatic drivers” as well as “deliberate decisions by governments to alter environmental conditions (such
as populations displaced by flooding of areas up stream of China’s Three Gorges dams).” Robert, McLeman,
(2008), “CC Migration , Refugee Protection, and Adaptive Capacity Building”, ‘The McGill international journal
ofSustainable Development law and policy’, Vol.4, No.1, pp.13.
11
Vikram, Odedra, Kolmannskog, (2008), “Norwegian Refugee Council, Future Floods of Refugees: A Comment
on CC, Conflict and Forced Migration”, pp.25-27, URL:http://www.nrcfadder.no.
12
Michel, Boko, (2007), “CC: Impact, Adaptation And Vulnerability”, (Africa), URL: http: //www.ipcc.ch/ pdf/
assessment -report /ar4/wg2/ar4-wg2-chapter9.pdf;
Rex Victor, Cruz (2007), “CC: Impact, Adaptation And Vulnerability”, (Asia),
URL: http://www.ipcc.ch/pdf/assessment-report/ar4/wg2/ar4-wg2-chapter10.pdf.
Voluntary vs. Involuntary: In some cases, individuals or communities affected by climate
change may choose to migrate as an adaptation strategy to seek better living conditions. This
voluntary aspect of climate-induced migration distinguishes it from other forms of forced
migration, where individuals are often compelled to leave their homes due to immediate
threats to their safety or well-being.
Scope and Scale: The potential scale of climate-induced migration is vast, with projections
suggesting that millions or even billions of people could be displaced in the future due to
climate change. This scale sets climate refugees apart from other forms of forced migration,
which may impact smaller populations or specific regions.
It is important to recognize that the distinction between climate refugees and other
forced migrants is not always clear-cut. Migration is often influenced by a combination of
factors, and climate change can act as a contributing or exacerbating factor alongside other
drivers of displacement. Understanding these distinctions helps to highlight the unique
challenges and complexities associated with climate-induced migration and underscores the
need for tailored responses and support for affected populations.
The international community must prepare for "climate change refugees"—displaced either
within their home countries or across borders—experts from Rice University's Baker Institute
for Public Policy argue in a new report.13 By 2050, up to 216 million people across the globe
could be forced to move within their countries due to the onset of climate crises such as water
scarcity, lower crop yields and rising sea levels, according to the World Bank's Groundswell
report.14Climate refugees, individuals or communities forced to migrate due to the impacts of
climate change, are a growing global concern. While it is challenging to provide precise
figures on the number of climate refugees, as migration patterns are complex and often
intertwined with other factors, there are several regions around the globe where climate-
induced migration is prevalent. Some of these regions include:
Small Island Nations: Small island nations are particularly vulnerable to rising sea levels,
coastal erosion, and increased frequency of extreme weather events. Countries like Tuvalu,
Kiribati, and the Maldives face the risk of becoming uninhabitable due to sea-level rise,
forcing their populations to consider relocation. small island states, home to 5% of the
world’s population15, are particularly vulnerable to sea level rise as these islands are only a
few feet above sea level. Thus, the number of people, living on these islands would be
affected by rising sea levels due to CC, would be considerable.
13
https://www.bakerinstitute.org/research/how-can-we-protect-climate-refugees visited on
14/06/2023 at5:20 pm
14
Viviane Clement et al., “Groundswell Part II: Acting on Internal Climate Migration,”
World Bank,2021, https://openknowledge.worldbank.org/handle/10986/36248. Visted on
14/06/2023 at 5:25 pm
15
Robert, McLeman, (2008), “CC Migration, Refugee Protection, and Adaptive Capacity-Building”,’ The McGill
International Journal of Sustainable Development Law and Policy’, Vol.4, No.1, pp.11.
Sub-Saharan Africa: Many countries in sub-Saharan Africa experience recurrent droughts,
desertification, and land degradation, which directly impact agricultural productivity and
livelihoods. This has led to internal and cross-border migration, with countries like Somalia,
Sudan, and Niger facing significant climate-related displacement. Approximately 86 million
individuals could be displaced within sub-Saharan Africa, 49 million in East Asia and the
Pacific, 40 million in South Asia, 19 million in North Africa16.
South Asia: Low-lying coastal areas in countries like Bangladesh and India are highly
vulnerable to sea-level rise and cyclonic storms. Flooding and erosion have already displaced
millions of people, and the situation is expected to worsen as climate change intensifies. here
were 18 million climate refugees in South Asia at the end of 2020, according to a
joint study by non-profits ActionAid International and Climate Action Network South Asia
(CANSA). The authors estimate that under the current emissions trajectory, by 2050 over 62
million people in South Asia could be forced out of their homes by disasters made more
frequent and more severe by climate change. Modelling by the World Bank published in
September 2021 predicts there will be 40.5 million internal climate migrants in South Asia by
2050. Almost half of these people will be in Bangladesh 17 The Internal Displacement
Monitoring Centre is the world’s leading source of data and analysis on internal
displacement. In a 2019 report, it pointed out that cyclones Fani and Bulbul led to the
displacement of over five million people in India and Bangladesh, and that 1.2 million people
had been displaced by drought and floods in Afghanistan over the past few years.The report
said around 1,900 disasters triggered 24.9 million new displacements across 140 countries
and territories in 2019. This was three times the number of displacements caused by conflict
and violence. Climate change is well on its way to trigger the biggest refugee crisis the world
has known.18
Pacific Island Countries: Pacific Island countries, such as Fiji, Papua New Guinea, and
Vanuatu, are at high risk from climate change impacts, including sea-level rise, increased
intensity of storms, and ocean acidification. These countries have witnessed internal and
external migration as communities seek more secure living conditions.
Arctic Region: The Arctic region is experiencing rapid environmental changes, including
melting ice, permafrost thawing, and coastal erosion. Indigenous communities in Alaska,
Canada, and Greenland are grappling with the loss of traditional livelihoods and cultural
disruption, leading to internal and cross-border migration.
16
https://www.bakerinstitute.org/research/how-can-we-protect-climate-refugees visited on 14/06/2023
at5:28 pm
17
https://cansouthasia.net/ visited on 15/06/2023 at 1:44 pm
18
https://www.internal-displacement.org/global-report/grid2020/downloads/2020-IDMC-GRID-part1.pdf
visited on15/06/2023 at 1:51 pm
insecurity and economic instability, pushing communities to migrate in search of better
opportunities.
Several environmental impacts that contribute to displacement and forced migration are as
follow:-
It's important to note that these environmental factors do not act in isolation. They
often interact with socio-economic, political, and cultural factors, compounding the
vulnerabilities of communities and influencing migration patterns. The specific combination
and severity of these environmental factors vary across regions, resulting in diverse patterns
of displacement and migration.
19
Ian Fry, “Report of the Special Rapporteur on the promotion and protection of human rights
in the context of climate change,” United Nations General Assembly, July 26, 2022.
20
IPCC (Intergovernmental Panel on Climate Change), “2022: Climate Change 2022:
Impacts, Adaptation, and Vulnerability,” Contribution of Working Group II to the Sixth
Assessment Report of the Intergovernmental Panel on Climate Change [H.-O. Pörtner, D.C.
parts of the world uninhabitable as their populations are constantly in a battle against time
and water accessibility to grow crops. In many cases, affected communities must endure long
drought spells or severe flooding, making food and water supplies undependable. Climate
change disasters in physical forms manifest through the following categories, bringing
devastating human, economic, material and environmental losses: 1) floods, heavy rains and
strong winds; 2) coastal storms and sea level rise; 3) impacts of increased carbon dioxide
concentrations; 4) droughts; and 5) extreme heat. The adverse effects of climate change also
create a series of human rights impacts through the intersection of gender, race, class,
indigenous identity, age, disability, income, migratory status and geographical location,
potentially creating further vulnerability21. As depicted in Figure 1, disasters continue to
trigger most displacements worldwide, with 23.7 million recorded in 2021 22 .For example,
climate projections report that by 2050, the number of people at risk of floods will increase
from the current level of 1.2 billion to 1.6 billion, and 3.2 billion people will live in water-
scarce areas.23 Frequent clustering of cities on coastlines and unregulated urban growth will
also increase individuals’ vulnerability when natural disasters strike. 24 Small island states
such as Samoa, Niue and Vanuatu, Kiribati, Palau and the Solomon Islands are more at risk
than others, facing higher annual average loss and damage from cyclone impact, warming
oceans and rising sea levels.25 The Pacific region reports that in the last three decades,
disaster-related losses amounted to approximately US$3.3 billion, affecting at least 6.3
million people.26 For agriculture and fishing-based communities, these disasters create a
human security risk that threatens basic livelihoods by reducing arable land and decreasing
fishing stocks, in addition to the effects of coral bleaching and the loss of ecosystem services.
There are also non-economic losses and damages related to cultural sites that are being
eroded by storm surges and rising sea levels, as well as the loss of life, human health,
Roberts, M. Tignor, E.S. Poloczanska, K. Mintenbeck, A. Alegría, M. Craig, S. Langsdorf, S.
Löschke, V. Möller, A. Okem, B. Rama (eds.)]. Cambridge University Press, In Press.
21
S. Nazrul Islam and John Winkel, “Climate Change and Social Inequality,” Working Paper
152, United Nations, Department of Economics and Social Affairs, October 2017 , https: //
www.un.org /esa /desa /papers/2017 / wp 152_2017.pdf
22
Disasters included in this report are geophysical (earthquakes, volcanic eruptions,
landslides) and weather-related (storms, floods, wildfires, droughts, landslides, extreme
temperatures, cyclones and other storms) events. See IDMC (Internal Displacement
Monitoring Centre), Global Report on Internal Displacement (GRID) 2022, May
2022, https://www.internal-displacement.org/publications/2022-global-report-on-
internal-displacement.
23
United Nations, “Water and Climate Change,”
https://www.unwater.org/water-facts/water-and-climate-change.
24
National Intelligence Council, “Structural Drivers of the Future Demographic Trends: The Future of
Migration,” April 2021, https://www.dni.gov/files/images/globalTrends/GT2040/NIC-2021-02486--Future-
of-Migration--Unsourced--14May21.pdf.
25
Leila Mead, “Small Islands, Large Oceans: Voices on the Frontlines of Climate Change,” March 2021,
International Institute for Sustainable Development, Brief #15, https://www.iisd.org/system/files/2021-03/still-
one-earth-SIDS.pdf.
26
Sabira Coelho, “Background paper for the Pacific Regional Policy Dialogue on Climate Mobility,”
September-December 2020, International Organization for Migration, https://bit.ly/3ROENa5; Debarati Guha-
Sapir, Pascaline Wallemacq, Philippe Hoyois, and Regina Below, “Annual Disaster Statistical Review 2016:
The Numbers and Trends,” CRED (Centre for Research on the Epidemiology of Disasters), October
2017, https://emdat.be/sites/default/files/adsr_2016.pdf
biodiversity and territory.27 Food crises linked to repeated weather extremes, such as
prolonged droughts are also issues of grave concern, with many children at great risk of food
insecurity, malnutrition and starvation, particularly in East Africa, South and Central
America, and Central Asia.28 Finally, heat waves in southern Asia and the Middle East have
disproportionately impacted individuals already living in poverty, particularly women and
those in low-income employment. By 2030, the unavoidable economic losses due to climate
change are projected to reach between $290 billion and $580 billion.29
1. SOCIAL IMPACTS
The displacement of climate refugees has significant social impacts, affecting both the
displaced individuals and the host communities. These social impacts arise from the
disruption of social structures, community dynamics, and cultural identities. Here are some of
the key social impacts of displacement experienced by climate refugees:
27
Coelho, “Background paper for the Pacific Regional Policy Dialogue on Climate Mobility.”
28
United Nations Convention to Combat Desertification, “Drought in numbers,” May 11,
2022, https://www.unccd.int/resources/publications/drought-numbers.
29
Tracy Carty and Lyndsay Walsh, “Footing the bill: Fair finance for loss and damage in an era of escalating
climate impacts,” Oxfam International, June 7, 2022, https://www.oxfam.org/en/research/footing-bill-fair-
finance-loss-and-damage-era-escalating-climate-impacts.
Social Disruption and Loss of Community
Cultural Identity and Traditional Knowledge
Social Integration and Inclusion
Gender Dynamics and Vulnerabilities
Health and Well-being
Education and Skills Development
Social Cohesion and Tensions in Host Communities
Addressing the social impacts of displacement requires fostering inclusive and resilient
communities. It involves promoting social cohesion, cultural diversity, and respect for the
rights and dignity of climate refugees. Providing access to education, healthcare, livelihood
opportunities, and social support systems is crucial for their integration and well-being.
Furthermore, fostering dialogue, understanding, and collaboration among host communities
and displaced populations can contribute to building more inclusive and harmonious
societies.
The displacement of climate refugees can have significant economic impacts, both on
the displaced individuals and the host communities. These impacts arise from the loss of
livelihoods, strain on resources, and changes in the economic dynamics of the affected areas.
Here are some of the key economic impacts of displacement experienced by climate refugees:
Loss of Livelihoods
Economic Displacement
Strain on Resources and Infrastructure
Informal Economy and Vulnerable Employment
Local Economy and Market Dynamics
Economic Dependency on Aid and Assistance
Entrepreneurship and Innovation Potential
The displacement of climate refugees can have significant political impacts, affecting
both the countries of origin and the host countries. These political impacts arise from the need
to address the challenges posed by displacement, manage migration flows, and navigate
complex policy and governance issues. Here are some of the key political impacts of
displacement experienced by climate refugees:
The legal and policy frameworks surrounding climate-induced migration are still
evolving and remain complex. While there is no universally recognized legal framework
specifically dedicated to climate refugees, existing international and regional instruments can
offer some protection and guidance. The key aspects of the legal and policy frameworks
related to climate-induced migration:
International Refugee Law30: The 1951 Refugee Convention and its 1967 Protocol define
the status and rights of refugees who are fleeing persecution based on race, religion,
nationality, political opinion, or membership in a particular social group. However, climate
refugees do not fit within the Convention's definition, as it does not explicitly include those
displaced solely due to climate change.
Human Rights Law: International human rights law provides a foundation for protecting the
rights of individuals affected by climate-induced migration. This includes the Universal
Declaration of Human Rights and various international human rights treaties that recognize
30
Refugee convention 1951
rights such as the right to life 31, food32, water33, health34, adequate housing35, and non-
discrimination36.
Regional Instruments: Regional frameworks and agreements can play a significant role in
addressing climate-induced migration. For example, the African Union's Kampala
Convention37 provides protection and assistance to internally displaced persons (IDPs) in
Africa, including those displaced due to natural disasters, which can include climate-related
events.
National Legislation: Countries have the discretion to enact domestic legislation to address
climate-induced migration. Some countries have developed policies and laws related to
internal displacement, disaster management, and climate change adaptation that indirectly
touch upon climate-induced migration.
Global Compacts: The Global Compact for Safe, Orderly, and Regular Migration 38, and the
Global Compact on Refugees39 are non-binding agreements that aim to provide a framework
for addressing various migration challenges, including those related to climate change. While
they do not create new legal obligations, they promote international cooperation and shared
responsibility.
Policy Initiatives: Many countries have developed policy initiatives and strategies to address
the impacts of climate change and migration. These initiatives can include measures to
enhance adaptation, disaster risk reduction, and the integration of climate considerations into
development planning.
Advocacy for Legal Recognition: Some stakeholders advocate for the development of a
specific legal framework to address climate-induced migration. Proposals include expanding
the definition of a refugee to include climate refugees, creating a new legal instrument
dedicated to climate-induced migration, or integrating climate-related considerations into
existing international legal frameworks.
31
https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf visited on
20/06/2023 at 2:54 pm
32
https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf visited on
20/06/2023 at 2:54 pm
33
https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf visited on
20/06/2023 at 2:54 pm
34
https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf visited on
20/06/2023 at 2:54 pm
35
https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf visited on
20/06/2023 at 2:54 pm
36
https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf visited on
20/06/2023 at 2:54pm
37
https://au.int/sites/default/files/treaties/36846-treaty-kampala_convention.pdf visited on 20/06/2023 at
2:57pm
38
https://refugeesmigrants.un.org/sites/default/files/180711_final_draft_0.pdf visited on20/06/2023 at 2:57
pm
39
https://globalcompactrefugees.org/about-digital-platform/global-compact-refugees#:~:text=
%C2%A9UNHCR-,What%20is%20the%20Global%20Compact%20on%20Refugees%3F,be%20achieved
%20without%20international%20cooperation. Visited on 20/06/2023 at 2:57 pm
It is important to note that the legal and policy frameworks surrounding climate-
induced migration are still in a state of development and debate. The need for greater
international cooperation, shared responsibility, and the protection of human rights in the
context of climate change and migration remains a pressing concern. Efforts are underway to
further advance legal and policy responses to address the specific needs and challenges faced
by climate refugees.
United Nations Framework Convention on Climate Change (UNFCCC) 40: The UNFCCC
is an international treaty aimed at mitigating greenhouse gas emissions and adapting to the
impacts of climate change. While it does not explicitly address climate refugees, it recognizes
the need to protect vulnerable communities and promote adaptation measures to address the
adverse effects of climate change.
Paris Agreement41: Adopted under the UNFCCC in 2015, the Paris Agreement sets the goal
of limiting global warming to well below 2 degrees Celsius above pre-industrial levels and
pursuing efforts to limit the temperature increase to 1.5 degrees Celsius. The agreement
acknowledges the importance of enhancing the capacity for adaptation, including addressing
the loss and damage associated with climate change impacts.
Nansen Initiative42: The Nansen Initiative, launched in 2012, aimed to build consensus and
develop a protection agenda for people displaced across borders in the context of disasters
and the adverse effects of climate change. Although it concluded in 2015, the initiative led to
the development of the Protection Agenda, which emphasizes the need for enhanced
protection for those displaced in the context of climate change.
Global Compact for Safe, Orderly, and Regular Migration 43: Adopted in 2018, the Global
Compact for Safe, Orderly, and Regular Migration is a non-binding agreement that provides a
framework for international cooperation on migration. While it does not specifically focus on
climate refugees, it acknowledges the specific vulnerabilities faced by migrants, including
those displaced by natural disasters and the adverse effects of climate change.
40
https://unfccc.int/resource/docs/convkp/conveng.pdf visited on03/07/2023 at 8:13 pm
41
https://unfccc.int/sites/default/files/resource/parisagreement_publication.pdf visited on 03/07/2023 at 8:15
pm
42
https://environmentalmigration.iom.int/nansen-initiative visited on03/07/2023 at 8:16 pm
43
https://refugeesmigrants.un.org/sites/default/files/180711_final_draft_0.pdf visited on20/06/2023 at 2:57
pm
Kampala Convention44: The African Union's Kampala Convention, adopted in 2009, is the
first legally binding instrument that specifically addresses internal displacement in the
context of natural disasters and climate change in Africa. It establishes standards for the
protection and assistance of internally displaced persons (IDPs) and includes provisions for
the prevention and reduction of displacement risks.
Pacific Climate Change and Migration (PCCM) Project 45: The PCCM Project is a
regional initiative in the Pacific Islands region that aims to enhance the understanding of
climate-induced migration and develop policies and strategies to address the needs of affected
communities. It focuses on research, capacity building, and fostering regional cooperation to
address the challenges of displacement in the context of climate change.
Platform on Disaster Displacement (PDD)46: The PDD is a state-led initiative that seeks to
address the challenges of displacement in the context of natural disasters, including those
induced by climate change. It serves as a platform for dialogue, cooperation, and sharing of
good practices among states, regional organizations, and other stakeholders. The PDD
advocates for the protection and assistance of people displaced across borders due to
disasters, including climate-related events.
African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa (Kampala Convention)47: The Kampala Convention is the first legally
binding regional instrument that specifically addresses internal displacement in Africa,
including displacement caused by natural disasters and the adverse effects of climate change.
It provides a framework for the protection, assistance, and rights of internally displaced
persons (IDPs) and includes provisions for preventing and reducing displacement risks.
44
https://au.int/sites/default/files/treaties/36846-treaty-kampala_convention.pdf visited on03/07/2023 at
8:19 pm
45
https://www.unescap.org/subregional-office/pacific/pacific-climate-change-and-migration-project# visited
on03/07/2023 at 8:19 pm
46
https://disasterdisplacement.org/ visited on03/07/2023 at 8:29 pm
47
https://au.int/sites/default/files/treaties/36846-treaty-kampala_convention.pdf visited on03/07/2023 at
8:19 pm
European Union (EU) initiatives48: The European Union has taken various initiatives to
address the challenges of climate-induced migration. For example, the EU has supported
research projects and policy dialogues on climate-related migration in partnership with
regional organizations and academic institutions. The EU has also included climate change
and displacement as part of its broader policies on migration, asylum, and humanitarian
assistance.
These regional initiatives reflect the recognition of the unique challenges faced by
climate-induced migrants in specific geographic areas and the need for tailored responses at
the regional level. While they may not have legally binding provisions, they contribute to
policy dialogue, cooperation, and the development of regional strategies to address climate-
induced displacement.
The issue of climate refugees, or people who are forced to leave their homes due to
the impacts of climate change, is a complex and evolving challenge. Judicial responses to
climate refugees vary across different jurisdictions and legal systems. However, a general
overview of some possible judicial responses to address the needs and rights of climate
refugees can be deduced from the famous cases of New Zealand whch are as follows :-
In this case it was held by wild J. The sociological effects of climate change alone does not
allow for protection under the United Nations Convention Relating to the Status of Refugees.
For a valid claim for refugee status based on persecution, the contention must fall within one
of the five Convention grounds. Although the Court has every sympathy with the people of
Kiribati, Mr Teitiota’s claim for recognition as a refugee is fundamentally misconceived. No-
one should read this judgment as downplaying the importance of climate change. It is a major
and growing concern for the international community. The point this judgment makes is that
climate change and its effect on countries like Kiribati is not appropriately addressed under
the Refugee Convention.
TRR is concerned about the situation he will face in Tuvalu. He came to New Zealand
in 2003. Whilst he has two sisters still living in Tuvalu he has not had much contact with
48
https://youth.europa.eu/eu-initiatives_en visited on03/07/2023 at 8:39 pm
49
https://caricom.org/ visited on03/07/2023 at 8:49 pm
50
[2014] NZAR 688
51
2016 NZHC 233
them. Tuvalu has a high level of unemployment (said to be 40 per cent) and TRR is unlikely
to obtain employment. The primary employer is the government. TRR cannot seek
employment with the government for two years following his release from a one year prison
sentence he recently served for indecently assaulting a female over 16. TRR says he has no
entitlement to land and so no realistic way of engaging in subsistence farming in order to
survive. He will be required to rely on the generosity of others.
(b) had he, it would not have been sourced in one of the five convention grounds an
applicant must come within.52
The Tribunal considered there was no breach of TRR’s right to work. It noted that the
restriction on public service employment was not absolute but only for a period of two years
from release. Further, the public service was the major but not only employer in Tuvalu. The
Tribunal considered the temporary public service restriction on people who have served a
term of imprisonment was not a disproportionate limit on TRR’s right to work, and TRR’s
likely unemployment situation did not amount to persecution. The Tribunal considered that
breach of the right to work was the only basis on which the claim was made, and so it would
be dismissed. The Tribunal, however, went on to consider other matters that had been raised
on TRR’s behalf. It rejected that conditions attributable to climate change could found a
claim, and affirmed an earlier decision that shortages of safe drinking water in Tuvalu did not
amount to a breach of the right to safe drinking water. Finally the Tribunal rejected that the
claimed fear of persecution could be linked to a relevant Convention ground. TRR relied on
membership of a particular social group, being those prohibited from public service
employment by reason of serving a prison term. The Tribunal did not accept these
characteristics were innate or unchangeable, and therefore the “particular social group“ had
not been established.
In this case ,an application by Lappen for judicial review of decision of the Refugee
Protection Division. Lappen was a 39-year-old citizen of Sri Lanka who claimed refugee
protection in 2004. He alleged that he had a fear of persecution at the hands of the Sri Lanka
Army and the Liberation Tigers of Tamil Eelam (LTTE), who had forced him to do manual
labour and was pressured to join. The Board dismissed his claim, accepting his identity
documents by stating that the determinative factor in their decision was credibility, and that
Lappen had failed to establish the well foundedness of his fear with credible evidence.
Lappen submitted that the Board had accepted his identity which, together with the country
documents, provided evidence that he faced a risk to his life if returned to Sri Lanka.HELD:
Application allowed.
52
Immigration Act 2009, s 129; Convention relating to the Status of Refugees 1951, article 1(2).
53
[2008] F.C.J. No. 566
It was a question of fact that, having accepted the identity of the applicant, the Board's
decision that Lappen was not a person in need of protection was necessarily based on
assessing the applicant's profile against the country evidence documentation. The standard of
review was that of reasonableness. The board focused its decision heavily on the question of
credibility. When the identity of an applicant was accepted, the Board was obligated under s.
97 of the Immigration and Refugee Protection Act to address the question of risk, even when
the Board does not accept the applicant's allegations and finds him not to be credible. A
review of the country documentation disclosed that the LTTE had been targeting civilians,
conscripting young people into militia while also compelling civilians to provide forced
labour or pay extortion monies. The Board never considered Lappen's profile in conjunction
with the country condition evidence, which was a reviewable error.
India is one of the countries highly vulnerable to the impacts of climate change, and it
has started to address the issue of climate-induced migration and displacement through
various national responses. While there is no specific legal framework or policy dedicated
solely to climate refugees, India has taken steps to address the challenges and provide support
to those affected. Here are some key national responses in the context of India:
In India, the legal and policy frameworks surrounding climate-induced migration are
still in the early stages of development. However, there are existing laws and policies that
provide some level of protection and address the challenges posed by climate-induced
migration. Here are some key aspects of the legal and policy frameworks in India:
National Disaster Management Act (2005)54: The National Disaster Management Act
provides a legal framework for disaster management in India, including provisions for the
prevention, mitigation, and response to natural disasters, including those induced by climate
change. It establishes institutional mechanisms and outlines the responsibilities of various
stakeholders.
National Action Plan on Climate Change (2008)56: The National Action Plan on Climate
Change outlines India's strategy for addressing climate change and its impacts. While it does
not specifically focus on migration, it includes provisions for adaptation, disaster risk
54
https://ndma.gov.in/Reference_Material/DMAct2005 visited on03/07/2023 at 8:59 pm
55
https://nidm.gov.in/PDF/policies/ndm_policy2009.pdf visited on03/07/2023 at 9:00 pm
56
https://static.pib.gov.in/WriteReadData/specificdocs/documents/2021/dec/doc202112101.pdf visited
on03/07/2023 at 9:10 pm
reduction, and the protection of vulnerable communities, which can indirectly address the
challenges of climate-induced migration. The NAPCC, launched in 2008, outlines India's
strategy for adapting to and mitigating climate change. It includes specific initiatives to
address the impacts of climate change on vulnerable communities, including those at risk of
displacement. The plan focuses on sectors such as agriculture, water, coastal areas, and
health, aiming to enhance resilience and reduce vulnerability.
National Policy for Rehabilitation and Resettlement (2007) 57: The National Policy for
Rehabilitation and Resettlement provides guidelines for the rehabilitation and resettlement of
people affected by development projects, including those displaced by disasters or climate
change. While not specific to climate-induced migration, it can apply to some extent to those
displaced due to climate change impacts.
It is important to note that the legal and policy frameworks surrounding climate-
induced migration in India are still evolving, and there is a need for further research,
dialogue, and action to effectively address the challenges posed by climate-induced
migration.
Existing international frameworks have several gaps and limitations when it comes to
addressing the needs and protecting the rights of climate refugees. These gaps and limitations
include:
57
https://dolr.gov.in/sites/default/files/National%20Rehabilitation%20%26%20Resettlement%20Policy%2C
%202007. Pdf visited on03/07/2023 at 9:20 pm
EXISTING GAPS AND LIMITATIONS IN NATIONAL FRAMEWORKS IN
REGARDS TO CLIMATE REFUGEES
Existing national frameworks also have gaps and limitations when it comes to addressing the
needs and protecting the rights of climate refugees. These gaps and limitations vary from
country to country, but some common challenges include:
Addressing these gaps and limitations in national frameworks requires countries to strengthen
their legal and policy frameworks, enhance institutional capacity, improve data collection and
analysis, and allocate adequate resources to address the needs of climate refugees. National
governments, in collaboration with civil society organizations, international partners, and
affected communities, need to work together to develop comprehensive and inclusive
approaches to protect and support climate refugees within their respective countries.
POTENTIAL STRATEGIES
Enhancing cooperation and coordination among nations in dealing with climate
refugees requires collective efforts and the implementation of effective strategies. Here are
some potential strategies to enhance cooperation and coordination:
Strengthen International Legal Frameworks: Nations can work together to advocate for
the development of an international legal framework specifically addressing climate-induced
migration. This framework should include provisions for the protection, assistance, and rights
of climate refugees. Governments can engage in multilateral negotiations and collaborate
with international organizations to promote the adoption of such a framework.
Share Best Practices and Lessons Learned: Nations can share best practices, lessons
learned, and success stories in addressing climate-induced migration. International
organizations can facilitate knowledge exchange through platforms such as workshops,
conferences, and online portals. This sharing of experiences helps nations learn from each
other, identify effective approaches, and replicate successful strategies.
Enhance Data Collection and Analysis: Improved data collection and analysis on climate-
induced migration are crucial for evidence-based policy development and decision-making.
Nations can collaborate with international organizations to develop standardized
methodologies, harmonize data collection systems, and share data on climate-related
displacement. This shared information can contribute to a better understanding of migration
patterns, vulnerabilities, and impacts, enabling more targeted and effective responses.
CONCLUSION
In conclusion, the problem of climate change and climate refugees is primarily caused by
developed countries but disproportionately affects least developed countries. It may noted
that there is a urgent need for developed countries to take responsibility for their historical
contributions and support least developed countries in addressing the challenges of climate
change and climate-induced displacement. International cooperation, financial assistance, and
technology transfer are critical for mitigating the impacts of climate change, protecting
vulnerable populations, and creating a more equitable and sustainable future for all.
The issue of climate change and its impact on human displacement, specifically climate
refugees, has gained significant attention in recent years. This article aims to explore the
connection between climate change, its causes predominantly linked to developed countries,
and the disproportionate burden borne by least developed countries. By examining the
complex dynamics between these factors, this article seeks to raise awareness and advocate
for a more equitable and collaborative approach to addressing climate-induced displacement.
1. The Role of Developed Countries in Climate Change: This section examines the
significant contributions of developed countries to climate change. It highlights their
historical and ongoing emissions resulting from industrialization, fossil fuel
consumption, and unsustainable practices. The article emphasizes the responsibility of
developed nations in driving global warming and underscores the need for them to
take immediate action to reduce greenhouse gas emissions.
3. Climate Refugees: The Human Consequences: This section focuses on the plight of
climate refugees, exploring the challenges faced by individuals and communities
forced to migrate due to climate change. It highlights the loss of livelihoods, increased
poverty, food insecurity, and health risks that climate refugees often encounter. The
article underscores the importance of recognizing the specific vulnerabilities and
needs of climate refugees and providing adequate protection and support.
4. Addressing the Disparity: The final section proposes solutions and policy
recommendations to address the disproportionate burden borne by least developed
countries. It emphasizes the need for developed countries to fulfill their obligations,
including financial and technological support, in assisting least developed countries in
adapting to and mitigating the impacts of climate change. The article also highlights
the importance of international cooperation, knowledge sharing, and capacity building
to enhance resilience and reduce the displacement of vulnerable populations.
In conclusion, this article sheds light on the problem of climate change and climate
refugees, highlighting the disproportionate burden placed on least developed countries due to
the actions of developed nations. It advocates for a more equitable and collaborative
approach, emphasizing the need for developed countries to take responsibility, reduce
emissions, and provide support to least developed countries. By addressing the root causes
and focusing on resilience-building measures, the global community can work towards a
more just and sustainable future, ensuring the well-being and protection of climate refugees
and fostering global climate justice.
When considering the responsibility of developed countries towards climate refugees, the
following suggestions can be made:
1. Emission Reduction and Climate Finance: Developed countries should take robust
measures to reduce their greenhouse gas emissions and transition to renewable and
sustainable energy sources. They should fulfill their commitment to provide financial
resources and climate finance to assist least developed countries in adapting to the
impacts of climate change, including the displacement of populations.
7. Addressing Root Causes: Developed countries should address the root causes of
climate change by promoting sustainable development practices, reducing
overconsumption, and shifting towards a low-carbon economy. By taking decisive
action to mitigate climate change, developed nations can help prevent future
displacement and protect vulnerable communities.
Overall, the responsibility of developed countries towards climate refugees involves both
immediate and long-term actions. By reducing emissions, providing financial resources,
technology transfer, capacity building, and advocating for comprehensive policies, developed
countries can play a crucial role in supporting the needs and rights of climate refugees while
addressing the root causes of climate change.
6. Policy Support and Advocacy: Developed countries should advocate for inclusive
and comprehensive policies at national and international levels that prioritize the
rights and well-being of climate refugees. This involves supporting the recognition of
climate refugees within existing legal frameworks and advocating for their access to
basic rights, including education, healthcare, and livelihood opportunities.