Refugee Law

New Proposal to Address Climate Migration Protection Gap as India Hit Hard

New Proposal to Address Climate Migration Protection Gap as India Hit Hard

Reflecting the need for fairness and solidarity in any framework meant to tackle the complex issues around climate migration, the researchers argue that those seeking asylum should be absorbed in host countries according to cumulative greenhouse gas emissions. This principle of proportionality is central to ongoing discussions about climate change, particularly loss and damage. Indeed, while it continues to ruffle feathers in wealthy countries, it is undeniable that the people and countries least responsible for climate change are bearing the brunt of its negative effects.

Advocates Push for Canada to Protect Climate Migrants

Advocates Push for Canada to Protect Climate Migrants

A group of Canadian lawyers have been advocating for small advances in Canadian immigration policy to accommodate the realities of climate impacts on human mobility. Like most countries, Canada does not recognize climate migrants under its current immigration law, but the Canadian Association of Refugee Lawyers points to past disasters – like the 2010 earthquake in Haiti and 2004 South East Asian tsunami - as example of times the government offered special directives to persons seeking refuge.

In Today's News: Is Climate Finance 'Displacing' Aid?; What One Expert Overlooks in the Broad Details on Climate Migration (We Weigh In); By Not Recognizing 'Climate Refugees' Germany Signifies Need

Why Climate Funds May Be ‘Displacing’ Lifesaving Aid

Ten years ago at COP15, countries pledged $100 billion a year by 2020 to help countries least responsible for climate change fight its impacts. Receiving countries assumed the climate money would be in addition to development aid but a 2018 Oxfam study found most donors were counting their climate finance as part of their overseas development aid commitments, in the process underfunding humanitarian and development budgets needed to respond to disasters, fight poverty and vitally needed education, health and lifesaving programs. 

Yet, even with this redirection, funding for climate adaptation and mitigation has fallen below the $100 billion target according to the OECD, and Oxfam found that only 18 percent of the promised climate funds are reaching the countries that need it most. 

Funding continues to be one of the most contentious issues at each of the COP negotiations, where this past year, vulnerable countries’ requests to secure “loss and damage” financing for disasters went unmet. Most climate funds are focused on mitigation but countries most-at-risk need funding to adapt to the disaster risks fueled by climate change. (The New Humanitarian)

Analysis

The danger here is two-fold: not only are countries least responsible for climate change being left in the lurch in terms of the necessary aid to respond to the climate crisis, but in addition, they are as a result, being forced to resort to borrowing the money to rebuild after disasters, heightening their risks, poverty and further entrenching them in a cycle of ever deepening and widening poverty. 


How Should the World Respond to the Coming Wave of Climate Migrants?

Analysis

This is a policy editorial that mostly summarizes the state of play with respect to the plight of climate migrants and the current policy discourse based on the worst case climate migration models. The opinion piece does address the legal challenge that climate change falls outside the purview of protected refugee grounds under the 1951 Convention, but fails to include broader refugee definitions in the 1969 OAU Convention and the 1984 Cartagena Declaration. 

It also fails to include the recently adopted, albeit non-binding, UN Global Compacts for Migration and Refugees, respectively, which discuss environmental migration and further, UNHCR’s more recent position that refugee law frameworks may apply in situations where nexus dynamics are present - that is, situations where conflict or violence are interconnected to situations linked to climate change or disaster. 

Most notably, the author’s belief is that climate migration is voluntary, and while there is certainly a lack of data and full understanding yet on the topic, there are viable and numerous qualitative indicators to suggest that where climate migration interconnects with poverty, development and challenges to security, choice may not be a luxury afforded to many, and certainly not to everyone. (World Politics Review)


Germany Says it Will Not Grant Asylum to 'Climate Refugees'

Although a 2019 European Parliament briefing paper noted 26.4 million had been climate displaced since 2008 with ‘climate refugees’ expected to rise and developing countries had requested the EU bloc grant climate migrants refugee status, Germany stated it would not recognize the “flight from climatic conditions and changes' as a reason for asylum” and that "people in third countries who leave their homes solely because of the negative consequences of climate change are not refugees in the sense of the Geneva Refugee Convention under current international treaty law." (EuroNews)

Analysis

Of course it’s well established, understood even, that the 1951 Refugee Convention adopted by Germany and many other EU states will not protect those who cross borders on account of climate change that it almost renders such an official decree unnecessary. However, recent developments by UNHCR to discuss where refugee law intersects at nexus dynamics, scenarios whereby certain conflicts could overlap with climate-induced situations, such as famine, and the pressure applied by other states and civil society, could signify the magnitude of the need, concern for protection gaps and growing security needs inherent within climate displacement.






In Today's News: Climate Change Hits Women Hardest; How Should We Respond to Climate Migrants (Analysis); Somalia Ratifies Kampala Convention

CLIMATE CHANGE HITS WOMEN HARDEST, REPORT FINDS

In a new report, the Irish NGO Trócaire found weather-related disasters are likely to kill women and girls 14 times more than boys, increase girls chances of being trafficked 30 percent and put women at increased risk of violence during crises and displacement. The report found corporate human rights violations impact women more disproportionately and looking at indigenous, environmental and land rights defenders, Trócaire found them to be at increased and growing risk of violence, evidenced by the fact that in 2019, almost half of the 137 attacks on human rights defenders were against indigenous women in rural communities. (NRC Online)


How Should the World Respond to the Coming Wave of Climate Migrants?

Analysis

This is a policy editorial that mostly summarizes the state of play with respect to the plight of climate migrants and the current policy discourse based on the worst case climate migration models. The opinion piece does address the legal challenge that climate change falls outside the purview of protected refugee grounds under the 1951 Convention, but fails to include broader refugee definitions in the 1969 OAU Convention and the 1984 Cartagena Declaration. 

It also fails to include the recently adopted, albeit non-binding, UN Global Compacts for Migration and Refugees, respectively, which discuss environmental migration and further, UNHCR’s more recent position that refugee law frameworks may apply in situations where nexus dynamics are present - that is, situations where conflict or violence are interconnected to situations linked to climate change or disaster. 

Most notably, the author’s belief is that climate migration is voluntary, and while there is certainly a lack of data and full understanding yet on the topic, there are viable and numerous qualitative indicators to suggest that where climate migration interconnects with poverty, development and challenges to security, choice may not be a luxury afforded to many, and certainly not to everyone. (World Politics Review)


Somalia Ratification of Kampala Convention Crucial Step for Millions Displaced by Conflict, Violence, and Climate Shocks

With 2.6 million people uprooted by violent clashes and climatic shock in recent times, Somalia became the 30th African state to ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, the first-ever binding treaty dealing with internal displacement. In a press release, the International Committee of the Red Cross commended Somalia’s commitment to the rights of thousands of Somali’s displaced by both conflict and climate change. (ReliefWeb)

Archive: February 13, 2020 through March 10, 2020

10 March 2020

Need, Not Greed - What Modi Isn’t Telling Us About Climate Change

The German Watch Climate Risk Index for 2020 ranks India as the fifth most vulnerable country to the effects of climate change, with the poorest the most impacted. The year 2019 recorded 1600 deaths and a million displacements across 13 states with an increase in heat waves and weather-related events as a result of climate change. Food insecurity and livelihood are leading causes of displacement and with it, men migrating in search of work, leaving women to bear the brunt of farming and family responsibilities and vulnerable to a host of harms such as: early marriage, sexual assault and violence and increased malnutrition. Water scarcity exacerbates discrimination within the pre-existing caste system as well, whereby Dalits are denied resource sharing and thus access to safe drinking water. All this makes clear, climate change heightens exclusion in India, much as it does in many other similar places, where marginalized groups are the first to be denied access to rights and resources due to disenfranchisement or social custom. (Feminism India)


7 March 2020

The Desperate Need to Talk Climate Change on International Women’s Day

According to new research conducted by Plan International, 53 percent of girls and women aged 12 to 25 declared climate change as the number one issue facing society and also cited it as the top concern in their own futures. Further, Plan’s 2019 research showed that 80 percent of the 60 million people displaced each year by climate-related disasters are women and girls. Their worries are appropriate given the key impacts of climate change on girls and women are food security, displacement, gender-based violence and child marriage, noting the link between environmental degradation and gender-based violence in a two-year study by the International Union for Conservation of Nature. (Women’s Agenda)

6 March 2020

Climate Change Hits Women Hardest, Report Finds

In a new report, the NGO Trócaire also found corporate human rights violations impact women more  disproportionately and further, weather-related disasters are likely to kill women and girls 14 times more than boys, increase girls chances of being trafficked 30 percent and put women at increased risk of violence during crises and displacement. The report also looks at indigenous, environmental and land rights defenders and warns of their growing risks of violence, evidenced by the fact that in 2019, almost half of the 137 attacks on human rights defenders were against indigenous women in rural communities. (NRC Online)

2 March 2020

The UK’s First Climate Change Refugees?

Residents of Fairbourne, a village in Gwynedd, have been told by the UK government they will have to leave their homes by 2054 due to sea-level rise and coastal flooding linked to climate change. Up to 450 homes and several businesses will be impacted but have not been offered any compensation, although housing prices have plummeted since the announcement. (BBC)

1 March 2020

Finding a New Home for Climate Refugees

Looking at the regional threat climate change poses to the US Atlantic seaboard, this editorial highlights the need for US legislation to tackle the impacts of climate change in its cities. Increased hurricanes have and threaten to render millions potentially, as he terms, “climate refugees.” Of course, were this to happen, these residents would actually be internally displaced persons, but the key takeaway here is the author’s point that displaced persons, forced to flee inland to escape rising waters and natural disasters, will likely face challenges in American cities also grappling with other forms of extreme weather changes and limitations in infrastructure and development that could overwhelm host cities capacities to welcome newly displaced. (Frederick News Post)

29 Feb 2020

The World’s Refugee System Is Broken

An incredibly timely piece that highlights the limitations of international refugee policy that has not kept pace with social and political upheavals like gang violence and climate change that have impacted protection needs and modern displacement trends to cause the worst protracted migration crisis since World War II. Not only are international doors closing everywhere to asylum-seekers, but the system itself is ill equipped, in many cases, to recognize the complex and multiple drivers of displacement that render refugees and migrants the same. (The Atlantic)


26 Feb 2020

New Zealand to Give $2m to Fiji Climate Change Relocation Fund

Following the establishment of a fund last September for Fijian climate displaced persons, five communities have already been relocated while a further 42 have applied for government support to move. New Zealand is the first country to support the fund following a Fijian government request for support. New Zealand’s Prime Minister Jacinda Arden hoped other countries would follow in kind, noting the importance of supporting those who are bearing the brunt of climate change, having contributed to it the least. (RNZ)


Feb 25, 2020

National Security Experts Call for Eliminating Greenhouse Gas Emissions

In a new report written by experts, former US diplomats and military leaders, the Center for Climate and Security described scenarios where climate change could provoke or exacerbate conflict, as it diminishes food and water supplies and displaces millions of people, stating that the Paris climate agreement emissions reductions were inadequate to “contain the threat.” The report describes two likely climate scenarios: temperatures rising 1 to 2 degrees Celsius by 2050 or rising 2 to 4 degrees Celsius by 2100. The latter scenario, the report concludes, will displace people from Africa, the Middle East and Central Asia, as these places become uninhabitable due to heat and competition over limited water resources, while an influx of migrants to Europe and Russia would provoke political and security instability in the region. (Scientific American)


Feb 15, 2020

UNHCR hails Ethiopia's Ratification of Kampala Convention on Refugees

UNHCR said the ratification of the African Union convention for the protection of internally displaced persons (IDPs) underscored Ethiopia’s concern for the massive internal displacement issue it’s dealing with as a result of conflict or climate change. With an estimated 1.78 million, Ethiopia has one of the largest IDP populations in the word. (Xinhua)


Feb 14, 2020

SADC Urges More Efforts to Mitigate Impacts of Climate Change

Following floods in Tanzania that killed 40 people, displaced 15,000 and damaged property, infrastructure, schools and farms in four regions, the Executive Secretary of the Southern African Development Community called on the global community for increased regional and global efforts to increase disaster risk management, early warning services, increase resilience and environmental management to reduce the impacts of extreme weather events. (The Citizen)


Feb 13, 2020

Germany Says it Will Not Grant Asylum to 'Climate Refugees'

Although a 2019 European Parliament briefing paper noted 26.4 million had been climate displaced since 2008 with ‘climate refugees’ expected to rise and that developing countries had requested the bloc grant climate migrants refugee status, Germany stated it would not recognize the “flight from climatic conditions and changes' as a reason for asylum” and that "people in third countries who leave their homes solely because of the negative consequences of climate change are not refugees in the sense of the Geneva Refugee Convention under current international treaty law." (EuroNews)

From our perspective as analysts, the simple fact that Germany and the EU bloc are discussing this as an issue of policy that requires an official position, signifies the potential magnitude of the need, concern for protection gaps and security and potential pressure applied by other states and civil society.

Drying Lake Chad Basin Gives Rise to Crisis

Climate change effects are compounding a crisis born out of conflict that has already impacted 10.7 million people across the Lake Chad region and displaced 2.3 million. The lake, which has diminished 90% since the 1960’s as a result of overuse and climate change, has led to conflict between herders and farmers with livelihood loss and migration of families in search of water. Affected countries are now mounting a three-fold response: a military offensive against Boko Haram, conflict mediation between herders and farmers over water and land and try restore the diminishing Lake Chad, which has adversely impacted poverty, conflict and displacement in the region. 

For more on the Lake Chad, see our report: