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THE CONNECTION BETWEEN CLIMATE CHANGE AND HUMANITARIAN CRISIS: AN ANALYSIS OF THE UN REFUGEE CONVENTION AND ITS APPLICABILITY TO CLIMATE REFUGEES
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Article Details
THE CONNECTION BETWEEN CLIMATE
CHANGE AND HUMANITARIAN CRISIS: AN ANALYSIS OF
THE UN REFUGEE CONVENTION AND ITS
APPLICABILITY TO CLIMATE REFUGEES
Abstract
Climate
change is a pressing global issue. Unprecedented shifts in weather patterns, a
rise in sea level, and an increase in the frequency of extreme weather events
are projected outcomes of this phenomenon. One of the biggest effects of
climate change is the displacement of people from their homes. The displacement
caused by climate change has created a new category of displaced persons known
as "climate refugees." The growing number of climate refugees raises
questions about the effectiveness of the current international legal system in
addressing such displacement.
With an
emphasis on the UN Refugee Convention, this paper analyses the relationship
between climate change and humanitarian crises. In order to give legal
protection to refugees escaping persecution and other significant injury, the
Refugee Convention was created in 1951. However, climate refugees do not meet
the Convention's definition of a Refugee. The provisions of the Convention do not apply when individuals are
relocated because of environmental or climatic causes. According to the
article, the Refugee Convention is out-of-date and unable to handle the issues
faced by climate refugees. This article highlights that it may be time to take
into account include climate refugees in the Convention's definition of a
refugee.
Introduction
Let's
consider a hypothetical event that occurs in the year 2030. Take the example of
Rahman, a farmer who was forced to flee his little village in Bangladesh due to
the devastating effects of climate change. Rahman was a farmer who was forced
to flee to Assam. Years of horrific droughts and floods had devastated his
village, leaving people starving and dying. Rahman suffered the complete loss of
all of his belongings, including his house, his pets, and his crops. Rahman and
his family were compelled to abandon their hometown and seek safety in
neighbouring Assam. They entered another country late at night with only a few
belongings and little food. They had a rough and dangerous journey, but they
ultimately reached Assam, where they briefly found protection in a camp for
refugees. Rahman's story is only one of many that illustrate how people are
being compelled to leave their homes and become climate refugees. We must take
action to mitigate climate change and assist those who will be most impacted,
such as less fortunate citizens.
Climate change is an
important issue. According to the recent report[2], the average global temperature has risen by 0.85 degrees
Celsius. Climate refugees[3] are
the people who leave their homes in search of safety elsewhere due to the
consequences of climate change. Climate change is having an effect on people
all around the world, and the issue of climate refugees is becoming worse.
One of the most
well-known cases of climate refugees is that of Kiribati. Kiribati is a
low-lying country. The island’s people may
have to relocate owing to rising sea levels as a result of climate change. As a consequence of the
same, the government of Kiribati has started
buying land from Fiji in order to give its residents new homes in the event that Kiribati becomes unsuitable to live in.[4]
Another example of
climate refugees can be seen in Bangladesh.[5] Bangladesh, due to its unique geographic location, is most
sensitive to climate change. Bangladesh is affected by natural disasters such
as tropical cyclones, storm surges, river and coastal flooding, landslides, and
droughts. One of the main contributors is the high tides along the coast (resulting
in tidal floods) and riverbank erosion. Cyclones, storm surges, and river
floods are the primary causes of the relocation of Bangladeshi people. On the
mainland, the coastal areas have seen the most displacement.
Another example can be
seen in the African nation of Chad.[6] Due
to climate change, Chad frequently experiences droughts. Numerous individuals in the region have been forced to leave their homes in search
of food, water, and shelter as a result of these droughts, which have also led
to widespread starvation.
The problem of climate refugees is
not confined to only developing or underdeveloped
Countries, but it is a problem that affects
developed countries as well. For instance, many
Americans living in coastal areas are facing
the possibility of becoming climate refugees as a result of increasing sea
levels day by day. As per the recent study,[7] if
sea levels continue to rise, approximately 3000,000 residents living in
low-lying areas of Miami may face the possibility of being evicted and
displaced. If immediate measures are not taken
and implemented to lessen the consequences, the climate change-related
displacement situation will likely get worse and threaten to become an
international crisis. Conflicts caused by competition
for resources are one of the most concerning aspects of climate-induced
relocation. Conflict risk is increased by climate change, which raises the
possibility of migration in areas already afflicted by poverty, political
unrest, and shaky institutional foundations.
According to the latest
report, there is a
possibility that at least 1.2 billion people may be
displaced by the end of 2050.[8] This
article will go into further detail about how the world has responded to the
protection of environmental refugees.
Who are Climate Refugees?
Currently, a number of
operational definitions are available on the internet. The words
"environmental refugee," "environmental migrant," and
"climate migrant" are all interchangeably used by people from time to
time. For the very first time in the year 2007, the term "environmental
migrants" was introduced by IOM.[9]According to IOM,
"Environmental migrants are people who are compelled to leave their
country of origin or decide to do so on their
own as a result of environmental circumstances that adversely impact their
ability to live comfortably”. These displaced
people eventually decide to relocate either domestically or internationally. In
the year 2009, IOM again came up with another definition of climate migrants.
It defined climate migrants as a person or groups of persons who are forced to
leave their place of residence either temporarily or permanently. Such
displacement occurs either within a State or across an international border.
Are Climate Refugees given protection
under
the Refugee Convention?
An American ecologist named William
Vogt first introduced the phrase "environmental refugee" in 1948.[10]
Further, the League of Nations in the year 1920 asserted that it was sufficient to approve an
asylum status for a person if the person had remained outside their country of
origin without the government's protection.[11] The view of the League,
however, did not specified the cause of why refugees could have fled from their
homes. The main purpose for which the treaties
with respect to refugees were adopted in the past was with an aim to regulate a particular circumstance involving a certain
segment of the people.
In 1951, the United
Nations Refugee Convention was adopted with the aim to provide protection to those who had to leave their homes because
of persecution, hostilities, or war.[12] The Convention outlines the definition
of a refugee and their rights. According to the Convention, a refugee is
a person who cannot go back to their place of origin because they fear being
persecuted because of their race, religion, nationality, membership in a
specific social group, or political beliefs. This
concept related to refugee’s definition has
now become part of customary international law and thus, it applies to all
countries, regardless of whether they are signatories to the 1951 Convention or
not. However, looking from climate change’s point of view for people who are relocated as a result of environmental
conditions or climate change, the Convention
does not provide any protection to them. As these refugees have expanded in
recent years, this has been a significant problem.
If we look at the
definition of refugee provided by the 1951 Convention,[13] we can identify two
significant issues:
·
First
off, people who have actually crossed an international border are protected
under the definition of a refugee. It is quite clear that a significant amount
of the anticipated migration in response to climate change will be internal,
thus it will not meet the first requirement.
·
Second,
it might be very difficult to define "climate change" as
"persecution." This is so because "persecution" often
refers to serious violations of human rights. Even
while adverse climatic consequences like sea level rise, salinization, and
increased frequency and severity of extreme weather events (such as storms,
cyclones, and floods) are destructive, they do not meet the current legal
definition of "persecution".
Thus, this calls for either an
Amendment of the existing definition or the adoption of a new legislation
keeping in mind the climate refugee issue. If the
current Convention is amended, the requirements of climate refugees should be
taken into consideration. For instance, the amendment should be amended
keeping in mind to provide migrants or refugees from climate change with legal
status. These people would have greater protections, such as relocation plans
and legal aid, if they were granted the same legal status as refugees. Additionally,
it would also demonstrate that wealthy countries, who are primarily accountable
for the greenhouse gas emissions that warm the planet, have an obligation to
assist those affected by climate change anywhere in the world.
What are some of the recent cases of
migration and displacement due to climate change worldwide?
India:
Starting with India, the
issue of Bangladeshi Migrants is not new. Bangladesh remains the sixth most
affected nation by climate change, according to a report published by an environmental
think tank.[14] As
per the organization, Bangladesh had the same ranking in 2020. The factors that
have contributed to the problems are its geographical position, flat, low-lying
topography, greater rainfall in the basins of the Brahmaputra, Meghna, and
Ganges rivers, and in addition to this, the melting of the Himalayan glaciers.
In addition to all of this, coastal populations are finding it hard to survive
due to rising sea levels. In addition to land loss, the rising sea level also
contaminates agricultural land with salt water, which in turn affects
cultivation. The number of environmental migrants relocating to the Assam
(State in India) area has also increased as a result of climate change. With
migration on the rise, the number of resources available likewise decreases as
the population grows. In Assam and other parts of North Eastern India, conflict
has unavoidably arisen as more people compete for the same resources.
Additionally, a group of environmental refugees who have entirely different
cultures, ancestries, and religions from the indigenous people are to blame for
the population growth. Sometimes, this also results in violent struggles and
conflicts between the two groups.
Pacific Islands- Kiribati:
Kiribati, at present, is
facing the effects of climate change and is on the verge of submersion.[15]Disease
outbreaks and starvation are just a few of the direct and indirect risks the
people of Kiribati face right now. Due to a drought, the government proclaimed
a state of emergency in 2022. The inhabitants of Kiribati Island have already started to leave their homes and are moving to other countries. However, a few families are still trying to hold onto their property
by finding short-term solutions, such as creating coral rock barriers. But as
the sea level is on the rise, these barriers eventually get damaged by high
tides. In order to prevent soil erosion and lessen storm surges, several of the
inhabitants have also relocated a few metres inland and have planted mangroves. However, this is not the long-term solution to
the problem of climate change and they are in the hope of getting a
permanent solution.
One of the infamous
examples of a climate Migrant in Kiribati is that of Ioane Teitiota. Ioane
Teitiota, a climate migrant from Kiribati, was denied the asylum request in New
Zealand in 2015 and was sent back to Kiribati together with his wife and kids.
Upon denial of asylum, he wrote to UN Human Rights Committee, claiming that New
Zealand had infringed his right to life by deporting him to Kiribati. He even
alleged in the complaint that Kiribati had become inhabitable due to rising sea
levels and other consequences of climate change. In a landmark decision in the
case of Ioane Teitiota v. New Zealand in February 2016, the UN Human
Rights Committee ruled that nations may not deport people living in conditions
brought on by climate change that violates their right to life.[16]
A recent incident has
come to a focus where, despite a UN judgement which was laid down in Ioane
Teitiota v. New Zealand that says it's illegal to send refugees back to
nations where their lives may be in danger due to the climate disaster, a
refugee's application for protected status in New Zealand based on the fact
that his island home is becoming untenable was denied. Although it is unlikely
that the man would be sent back to Kiribati, however, he is now not protected
as a refugee, which would shield him from that possibility.[17]
Caribbean:
The Caribbean has been a
popular travel destination among tourists due to its tropical warmth and beautiful
beaches. However, it has been dealing with Climate Change issues like
deteriorating coral reefs, intense weather events, and rising sea levels that
threaten the livelihoods of millions of people of the Caribbean. The area is
undergoing dramatic changes that point to it as a potential hotspot for
"climate refugees". The negative consequences of climate change, such
as increasing ocean levels that result in extreme flooding, erosive soil
erosion, and the loss of infrastructure and buildings, are particularly
affecting the Caribbean Islands. Inhabitants have already started moving around
throughout the Caribbean area. IDM Centre published a report in 2017 which estimated that
approximately 2 million people were internally displaced in the Caribbean after
a particularly severe Atlantic hurricane season.[18]
America:
Just like any other
developed nation, where migrants usually would like to relocate to have access
to better resources, America is also one of the favourable countries where
migrants like to relocate. However, the situation is different in America, as
its citizens are migrating internally.[19]
America is often affected
by climatic disasters like forest fires. After forest fires, Americans usually
began to migrate in search of safe and reasonably priced housing in an attempt
to deal with the damage to their homes and communities. There are few people
who rebuild their homes, sell them and relocate to locations they believe to be
less vulnerable. According to recent status, Climate calamity cost about 3
million Americans lost their houses in 2020. If these calamities continue to
happen in the future, many of them won't ever return to their original homes.
Millions and tens of millions more people will be uprooted, and this will
eventually drive Americans from the most susceptible regions of the nation into
an erratic, essentially permanent exile from the places they know and love.[20]
What preventive steps should be taken to
help
the Climate Refugees?
In addition to resources,
economic, financial and other crises, crimes against migrants are also
increasing as more individuals are relocating to new places. When migrants move
by illegal means, they have limited access to legal jobs, and they also lack
legal status or social safeguards. This makes them more prone to becoming
victims of crime. Migrants are mostly subjected to organised crime, which also
results in severe human rights violations such as forced labour, criminal
recruiting, sexual assault, and others. This problem has gotten worse as a result
of inconsistent migration routes and weak border control by the authorities.
For instance: In the year 2022, an incident came to light that
the Egyptian government failed to safeguard vulnerable refugees and asylum
seekers from rape and sexual abuse. Thus, the Egyptian government was charged
by Human Rights Watch for Human Rights violations of migrants. The Human Rights
Watch reported 11 instances of sexual assault against Sudanese and Yemeni
refugees between 2016 and 2022, one of whom was a minor.[21]
Those fleeing climate
change require the same protections as other refugees, such as those who have
fled their home countries due to armed conflict. A solution to this problem
could be making an Amendment to the existing 1951 Refugee Convention to include
potential climate refugees. However, because it would involve a thorough
discussion and renegotiation of the whole Act at the International level, it is
doubtful that such an Amendment would be approved in a short period of time,
given that it was initially written in a post-World War II setting. The UNHCR
is now the only legal entity qualified to provide rights to refugees. As a
result, adding refugees as a result of climate change to its burden would
severely drain its financial and infrastructure resources.
Another solution would be
to draft a completely new legislation. A Brand new global legal framework that
ensures the rights and protection of impacted climate refugees is required to
stop climate migration and offer protection to climate refugees. This framework
should be comprehensive and cover rights such as social welfare, economic
security, and at the same time provide legal safeguards. In addition to this, a
management structure that will oversee and manage the process of providing
protection to people in need must also be established under the new legal
framework.
Although many countries
and organisations are fighting to safeguard these people, there is still plenty
that people at the individual level may do that would be of great help to
climate migrants. At the individual level, some of the actions which can be
taken to provide protection to climate migrants includes:
?
The first thing that can be done is to build up an atmosphere
where migrants coming from different regions may securely relocate.
?
Secondly, to facilitate refugees' relocation, people should
educate themselves and others on the causes and impacts of climate change.
Social networking, attending rallies, and participating in open forums are all
ways to accomplish this. By spreading information, people may promote an
atmosphere of sympathy and an inclusive culture for the displaced populations.
?
Thirdly, to help refugees and climate migrants, a number of
organisations, especially non-governmental organizations throughout the world,
should offer them basic amenities, including food, housing, and medical care.
People can voluntarily participate in these organisations as volunteers or
donors and thereby give these disadvantaged groups (climate migrants) the
much-needed assistance they require to deal with the challenging realities of
relocation. For instance, people in the legal field (Eg: Lawyers) can volunteer
at businesses that offer legal assistance services to aid people seeking refuge
and help them in understanding their legal rights and remedies.
?
Fourthly, writing letters, signing petitions, and participating in
marches and rallies are all ways that people may support policy advocacy and
call on the government to take action against climate change.
?
Fifthly, people may also promote progressive policies that will
aid in the resettlement of climate migrants, such as sponsoring the development
of humane and legitimate immigration laws as well as comprehensive protection
plans that take climate migration into account.
In
conclusion, even though protecting climate migrants may seem like difficult and
burdensome work, a lot may be done at an individual level. By being informed,
becoming engaged with groups that help refugees, supporting policy advocacy,
and providing emergency housing, individuals can play a significant role in
creating an environment that provides the most vulnerable members of our
society with the safety, security, and comfort they so desperately need. We can
work together to establish a future in which those who have been displaced due
to climate change may restore their lives and contribute to society.
[1] B.A.LL.B, LL.M., National Law University and Judicial
Academy, Assam, Content Writer, nazfarzin7@gmail.com.
[2] GOAL
13: CLIMATE ACTION, UNITED NATIONS ENVIRONMENT PROGRAMME, Why do sustainable goals
matter? available at: https://www.unep.org/explore-topics/sustainable-development-goals/why-do-sustainable-development-goals-matter/goal-13#:~:text=From%201880%20to%202012%2C%20average,every%20successive%20decade%20since%201979 (Last visited on May 10, 2023).
[3] World Economic Forum, Climate refugees – the world’s forgotten
victims, May 10, 2023, available at: https://www.weforum.org/agenda/2021/06/climate-refugees-the-world-s-forgotten-victims/ (Last visited on May
10, 2023).
[4] Relief Web, Kiribati: The remote island nation faces a triple threat to
health, May 10, 2023, available at:
https://reliefweb.int/report/kiribati/kiribati-remote-island-nation-faces-triple-threat-health (Last visited on May 10, 2023).
[5] Displacement Solutions, Climate Displacement in
Bangladesh | The Need for Urgent Housing, Land and Property (HLP) Rights Solutions, May 12, 2023, available at: ttps://unfccc.int/files/adaptation/groups_committees/loss_and_damage_executive_committee/application/pdf/ds_bangladesh_report.pdf, (Last visited on May 12,
2023).
[6] NPR, Climate change and hunger are driving a
refugee crisis in the African countries bordering Lake Chad, May 12, 2023 available at: https://www.npr.org/2022/12/04/1140630184/climate-change-and-hunger-are-driving-a-refugee-crisis-in-the-african-countries-, (Last visited on May 12,
2023).
[7] MARIO ALEJANDRO ARIZA, As Miami Keeps Building, Rising Seas
Deepen Its Social Divide, May 12,
2023, available at: https://e360.yale.edu/features/as-miami-keeps-building-rising-seas-deepen-its-social-divide, (Last visited on May 12, 2023).
[8] Id.
at 3.
[9]Environmental Migration, May 12, 2023,
available at: https://environmentalmigration.iom.int/environmental-migration, (Last visited
on May 12, 2023).
[10] Dimitry
V. Ivanov and Damir K Bekyashev (eds.), Environmental
Migration in International Law 5-20 (Cambridge Scholars Publishing, 2016), May 12, 2023, available at https://www.google.co.in/books/edition/Environmental_Migration_in_International/C-L6DAAAQBAJ?hl=en&gbpv=1&dq=Environmental+refugee+Define&printsec=frontcover, (Last visited on May 12, 2023).
[14]Global
Climate Risk Index 2021, May 10, 2023, available at: https://www.germanwatch.org/sites/default/files/Global%20Climate%20Risk%20Index%202021_2.pdf (Last visited
on May 10, 2023).
available at:https://reliefweb.int/report/kiribati/kiribati-remote-island-nation-faces-triple-threat-health, (Last visited
on May 12, 2023).
[16]Ioane
Teitiota v. New Zealand, available
at: https://www.cir.santannapisa.it/sites/default/files/TEITIOTA%20v.%20NEW%20ZEALAND%20summary.pdf (Last visited on May 12, 2023).
[17] Kiribati
refugee claims climate change crisis prevents him from returning home, available
at: https://www.nzherald.co.nz/nz/kiribati-refugee-claims-climate-change-crisis-prevents-him-from-returning-home/3MMMUKQ4PRBXBNPESQXVEG4VBY/ Last visited on May 12, 2023).
[18]Addressing
Climate Migration in the Caribbean, available at: https://theglobalamericans.org/2023/03/addressing-climate-migration-in-the-caribbean/ (Last visited on May 12, 2023).
[19]The
American climate migration has already begun, available at: https://www.theguardian.com/commentisfree/2023/feb/23/us-climate-crisis-housing-migration-natural-disasters (Last visited
on May 27, 2023).
[20]Rima Parekh , “How California’s wildfires spark migration”, (2021), available at: .https://escholarship.org/content/qt2t46h1hw/qt2t46h1hw_noSplash_a59a931a51682c4ac6678cd2a4125cef.pdf?t=qz2nz3 (Last visited on May 27, 2023).
[21] The Egyptian government failing to protect
refugees from rape and sexual assault, available at: https://www.middleeastmonitor.com/20221128-egyptian-government-failing-to-protect-refugees-from-rape-and-sexual-assault/ (Last visited on May 27, 2023).
Article Information
THE CONNECTION BETWEEN CLIMATE CHANGE AND HUMANITARIAN CRISIS: AN ANALYSIS OF THE UN REFUGEE CONVENTION AND ITS APPLICABILITY TO CLIMATE REFUGEES
Authors: FARZIN NAZ
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/09/25
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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