Understanding Climate Migration: Policy and Law

An overview of the legal aspects and gaps on climate migration.

1. People who migrate due to the impacts of climate change are not considered refugees. Why? First, when the global refugee framework was conceived in 1951, climate change wasn’t a ‘thing.’ It was not something that was discussed. But another reason is that it is difficult to prescribe a specific causal definition between climate change and forced migration: This is partly because although migration and climate change have a significant relationship, it is extremely difficult to disentangle and quantify. However, it is clear that the numbers of climate-induced migrants will increase. Existing international frameworks and national policies are yet to make the crucial link between climate change impact on the frequency and intensity of extreme climate events, environmental degradation and human mobility. See more here: http://reliefweb.int/report/world/climate-induced-migration-and-displacement-closing-policy-gap

2. If you are forced to leave your home due to the effects of climate change, you will not have the legal protection that refugees from war and violence receive.

3. Even international law is not keeping pace with the needs of climate refugees (who exist in practice but not in law), there are options to deal with climate change migration at the regional level: A potential regional framework on human mobility and climate change, which would consider both regular and customary law, would address migrants’ rights, fill in the gaps at the international level and help the individual incapacity of states in addressing this complex process at the national level. For example, 10 Pacific countries participated in a meeting in December to create internal guidelines to address human mobility, while respecting the sovereignty of states in taking decisions internally. They are also looking into creating a potentially binding document to regulate cross-border human mobility with an emphasis on sharing experiences, mutual respect and cultural identity. See more here: http://theconversation.com/pacific-countries-advance-regional-policy-towards-migration-and-climate-change-70632

4. There are ways around the tricky issue of climate migration. Kiribati is leading the way by focussing on migration through other means, and migration with dignity. It affords migrants the protections they need and deserve under law, even if their reason for migrating isn’t recognized. Read more here: http://devpolicy.org/kiribatis-national-labour-migration-policy-a-climate-change-adaptation-strategy-20161109/