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According to international refugee law, a refugee is someone who seeks refuge in a foreign country because of war and violence or out of fear of persecution. However, things may often lead to a situation where the host country will not see them as legitimate migrants and treat them as illegal aliens. Non-governmental organizations concerned with refugees and asylum seekers have pointed out difficulties for displaced persons to seek asylum in industrialized countries. The lack of opportunities to legally access the asylum procedures can force asylum seekers to undertake often expensive and hazardous attempts at illegal entry.
Geoforum, 2017
The scientific community has long urged for the broadening of the refugee term, which remains identical since the 1951 Refugee Convention, despite strong evidence showing connections between forced migration and climate change. Even though the concept of climate and environmental refugees is not legally recognized, the discussion concerning these definitions is increasing. Furthermore, with the intensification of global climate change, a more specific subcategory of refugees began to be popularized: climate change refugees. A climate change refugee is any person who has been forced to leave their home, or their country, due to the effects of severe climate events, being forced to rebuild their lives in other places, despite the conditions to which they are subjected.
WATER AND ENERGY INTERNATIONAL, 2022
Global warming is no longer a myth and its impact is felt across the spectrum. People are forced to leave their homes due to changes in climatic conditions which occur either gradually or suddenly, leaving them displaced. More often than not they are forced to cross state boundaries in search of refuge, thus making them environmental refugees. Internationally there only exists an agreed upon definition, which is devoid of any framework pertaining to their rights and duty of states they are denied their rights and are treated as illegal migrants. Thus, there is a need to understand the existing framework and the loopholes that can be utilized to ensure that their rights are safeguarded.
Udayana Journal of Law and Culture, 2018
This article seeks to highlight the existing 1951 Convention relating to the Status of Refugees (hereinafter referred to as Refugee Convention) and the possibilities of the document to encompass climate-induced migration by modifying, reconstructing and establishing a specific legal regime, considering that the concept of Internally Displaced Persons (IDPs) has been inadequate and incapable to incorporate the ‘newly introduced’ type of migrant. The definition of refugee in the Convention explicitly limits the scope of people who are forced to flee their home into migrants due to warfare and civil disturbance. In fact, there are people who can no longer gain decent livelihood due to environmental and social problems including poverty, drought, soil erosion, desertification, deforestation, floods and other environmental deterioration. However, these people have not been legally accepted as ‘refugee’ in the international arena. The author argues that ‘environmental refugee’ or ‘climate...
EGAP - Dissertation, 2014
Climate change produces several consequences to human life, such as the increase of Earth’s temperatures, a decrease in crops survival, water scarcity, the melting of mountain glaciers, the rise in the sea level that will threat all continents’ coastlines and islands, an increase in the intensity of storms, forest fires, droughts, floods, tsunamis, hurricanes, among others. All these catastrophic events will cause enormous changes in human geography, especially in population settlements, such as an increase in the flows of migration in the form of displaced people and refugees mainly from developing countries. International legal frameworks and public policies will have to include a new term under which people being affected by climate change could receive assistance and protection. In this dissertation the proposal of the term “climate change refugee” is discussed. The reason why, is because voluntary or forced relocation due to the physical disappearance of a territory or its uninhabitable environment, may produce a condition of human insecurity or even of statelessness. As a result, relocated populations’ human rights in host countries couldn’t be guaranteed; besides, inner conflicts could create real persecution conditions, high levels of violence and marginalization, because of the threat refugees represent for the order, security and prosperity of those countries. Therefore, the hypothesis of this project states that relocation as an adaptation measure to climate change is unviable; due to the legal, political, economic, social and cultural dilemmas that could harm the protection of human security and human rights. Moreover, the following research questions are going to be answered through the development of this project, in order to give support or reject the hypothesis: What have been the most relevant international public policy developments on the so-called “climate change refugees’ issue”? Is relocation considered a feasible public policy towards protecting climate change refugees’ human security and human rights? What are the main pros and cons? What public policy alternatives could be addressed in order to protect climate change refugees’ human security and human rights? In addition, the research design that will be applied in this project is non-experimental, cross-sectional and descriptive; the objective is to understand the current view of climate change refugees’ situation through the lenses of international public policies that have been applied in the twenty first century.
Anthropogenic climate change is increasingly becoming one of the major drivers of migration, both forced and otherwise. The effects of anthropogenic climate change already being linked to increased migration and projections of future climate change, driven predominately by greenhouse gas emissions, predict that climate change will contribute significantly to an increase in the number of people seeking to migrate, with estimates ranging from 25 million to 2 billion climate change displaced persons by 2050 (Gómez, 2013; McAdam, 2012; Solomon & Koko, 2013). The effects of climate change and the ways that it will lead to increases in migration are both myriad and complex. Not only will people be forcibly displaced by natural disasters and other slow onset effects of climate change, but furthermore climate change’s more subtle effects which ripples throughout our ecosystem, societies and economies will likely deprive increasingly large numbers of people of the socio-economic and ecological opportunities needed to live a decent human life. Currently, climate change displaced persons fall into a large legal protection gap, such that, to borrow Hannah Arendt’s words, it is “not that they are not equally before the law, but that no law exists for them” (1979, pp. 296–7). Thus, as Tracy Skillington points out, “in lacking a fully legal identity, the climate displaced are pushed into spaces beyond adequate legal protection where their ‘irregular’ status forms the basis of a routine and publicly legitimated legal violence against them” (2015, p. 8). In the face of this legal gap, many, such as Matthew Lister (2014) and Frank Biermann and Ingrid Boas (2010), have argued that we need to expand the UN Refugee Convention to include those forcedly displaced by climate change or create a new convention for climate change displace persons altogether. However, both proposals face the challenge that, as the UNHCR (2012) reports, the current refugee system is already overburdened and is in short supply of durable solutions for even the limited number of people who currently qualify as refugees. Given this reality, allowing climate or environmental migrants who are forcibly displaced to also qualify as refugees may add further strain to an already burdened system. This raises difficult questions about how we incorporate legal protection for climate change displaced persons into our current legal system. Making such a decision even more difficult is the fact that climate change displaced persons are not the only displaced persons in falling into a legal gap and in need of protection. There is a much broader gap in our protection of displaced persons consisting of what Alexander Betts refers to as survival migrants, consisting of those “outside their country of origin because of an existential threat to which they have no access to a domestic remedy or resolution” (2010, p. 362). This broader gap leaves many more than just climate change displaced persons in need of protection. Thus in this paper I argue that while expanding the Refugee Convention to include some form of Climate Refugee could be an important step to assist those most negatively affected by climate change, that much broader action needs to be taken in order to ensure: firstly, that the refugee system is able to take on increasing numbers of refugees; and secondly, that to be normatively consistent the international protection regime should also work to fix the protection gap not only of those negatively affected by climate change but also those migrants whose basic rights are being diminished through other means and who are in need of migratory solutions. This paper aims to provide an initial exploration of some of the normative and practical issues associated with responding to the growing problem of climate change displaced persons (CCDPs). I do not propose a policy solution, as it is beyond the scope of the paper and the expertise of the author to do so. Rather, the paper highlights the difficult and complexity of the issues underpinning considerations of CCDPS in order to illustrate some of the considerations that any proposed policy solution should take into account.
NLUJ Law Review, 2017
A former Secretary General of the UN General Assembly stated in a press conference that the world is expected to have over 50 million refugees by 2020. Issues relating to refugees have existed since the conclusion of the World War-II, however its nature has changed. Today, displacement is not just caused by threat of persecution by home State, but also by extensive climate change, a ground which is not recognized for the grant of refugee status under the Refugee Convention. States cite the Convention as a justification for refusing entry to these individuals. However, the winds of change have given rise to the concept of environmental refugees which presents an emerging change in jurisprudence surrounding the subjects, thereby demanding the inclusion of people displaced by climate change, under the definition of refugee. The present article delves into this new phenomena and attempts to find an answer to this demand raised in light of the recent events in the world, while also proposing remedies for a proper mechanism.
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