Towards a Climate Refugee Regime

The obstacles preventing concrete action in mitigating the inevitable increase in climate refugees is two-fold. First, climate refugees do not fall within the limits of international laws that were put in place to protect refugees. Specifically, the The 1967 Protocol to the UN Convention on the Status of Refugees is a treaty that defines a refugees as one who:

“Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.”

From a legal standpoint it is clear the shortcoming of this treaty in terms of climate refugees, is one of scope. Without revisions to the treaty’s phrasing it is unlikely that migrants fleeing the effects of climate change will be able to seek asylum on those grounds. Although identifying climate refugees is likely the most important step in achieving protection through international legislation, a course of action to get to that point is still in its formative stages.

The second obstacle which was brought up in the “Imperative to Respond” section, is socioeconomic inequalities that impede the ability of some nations to sustainably develop climate change mitigation techniques. The solutions to this problem are highly theoretical since little work will be done to actually aid climate refugees until they can be properly defined in a useful, normative way. One such solution suggests that each country should welcome and integrate climate refugees proportionally to their per capita contribution to climate change. At the top of the list is the United States and Australia who would each take-on 10% of the climate refugees that will become a certainty if the climate crisis is not controlled. The other countries named in this outcome are all developed nations as well. The obstacles created by the logistics and politics that would need to be overcome in order to implement something like this goes to show that these solutions are still in their developmental stages.

Although there are no revolutionary reforms coming to the current refugee framework that might protect the rights and security of climate refugees, there are movements to at least understand and potentially define them. On February 4, 2020 U.S. President Joe Biden signed an executive order that, over the course of 6 months, will determine the impact of climate change on migration, attempt to identify climate migrants, and suggest settlement and protection options. Although this is an optimistic step in the right direction, the move towards a just climate refugee regime is a long way off. The U.S. is one of the worst perpetrators of climate injustice, violent border policies, and rampant xenophobic narratives surrounding refugees. To fully realize a normative and just climate refugee regime, collaboration with the international community to equalize the ability to combat climate change is a must.

The Platform on Disaster Displacement does exactly that. A follow up to the Nansen Initiative, it is an intergovernmental initiative that seeks to protect those displaced due to climate change or disasters and to inform policy makers and other key individuals of the current climate refugee situation. Although the Platform on Disaster Displacement is mainly a research initiative, organizing and formulating coherent solutions currently seems to be the most effective way of making real change. Initiatives like these are crucial in putting the pressure on lawmakers to re-evaluate the current international climate refugee regime. It is clear there is no definitive solution to the problems facing climate refugees, however many of the strategies being implemented right now are incredibly promising.

Building Global Governance for ‘Climate Refugees’
Aarsi Sagar, Lloyd Axworthy, Cristina Cattaneo, Shiloh Feztek, Rajat Kathuria, Syed Munir Khasru, Andreas Kraemer, Katriona McGlade, Shingirirai Mutanga, Nedson Pophiwa, Benjamin Schraven, Patrick Toussaint, Scott Vaughan and Emily Wilkinson
2017

This paper highlights the shortcomings of the current international refugee regime in addressing the future challenges posed by increases in climate migration. It goes on to give short and long term recommendations for the G20.

Creating New Norms on Climate Change, Natural Disasters and Displacement : International Developments 2010-2013
Jane McAdam
2014

This paper outlines recent developments regarding climate induced migration within the international community. Namely, the role of UNHCR and paragraph 14 of the Cancun Adaptation Framework in pushing for a normative framework. This paper suggests a holistic understanding of stressors affecting migration and recommends a comprehensive consultative approach to address current shortcomings.

Preparing for a Warmer World : Towards a Global Governance System to Protect Climate Refugees
Ingrid Boas and Frank Biermann
2010

This paper argues against extending the Geneva Conventions coverage of refugees as a means of addressing climate refugees. It instead proposed a unique legal instrument tailored to the differing needs of climate refugees as well as a new funding mechanism.

Climate Change Refugees
Matthew Lister
2014

Lister argues that the United Nations convention of Refugees can logically be extended to climate refugees. In contrast with other proposals the extension would include a narrowly defined group of climate refugees. More specifically those forced to cross an international border indefinitely with minimal prospects for a decent life. Lister then argues that defining a small subset of people to be eligible for refugee status is more pragmatic if its adoption is to be feasibly achieved.