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Michelle Leighton Center for Law and Global Justice University of San Francisco School of Law
Overview
Human displacement or migration in response to climate disasters implicate human rights and humanitarian law. Standards are uneven or ambiguous depending on the climate impact--government obligations depend on nature and type of climate disaster: In some cases standards are defined and in other cases they do not exist. Human rights standards and government obligations relating to voluntary and forced migration responses will need to be clarified in order to protect all climate victims.
2005 Hyogo Framework for Action Disaster risk reductionhelp countries reduce vulnerability; Improve strategic coordination of government assistance Reinforced by the 2006 IASC Operational guidelines on Human Rights and Natural Disasters, and 2007 Red Cross Guidelines for Domestic Facilitation and Regulation of International Disaster Relief
International migrants:
slow-onset disasters
People seek to cope with drought- and desertification through labor migration. Refugee norms may apply only if emergency or environment-related conflict.
1951 Refugee Convention, U.N. resolutions, European Court, InterAmerican Commission cases: principle of nonrefoulement prevents return.
1969 OAU convention on Specific Aspects of Refugee Problems in Africa: events seriously disturbing public order. 1984 Cartagena Declaration on Refugees (Latin American region): includes similar provision to OAU. Temporary protection status (only for migrants to Denmark).
45% India
International migrants:
rapid-onset disasters
Those migrating from storms, floods, hurricanes seek temporary refuge. No return if dangerous and/or country of origin could not assist.
Shamsuddin Ahmed/IRIN
The international community has provided assistance, including allowing for temporary migration. Council of Europe and some countries have TPS: applies to those already in-country and very narrow protection.
International migrants:
sea-level rise
Persons living on small island states displaced due to seawater intrusion or forced to migrate permanently. May result in statelessness. European Directive on Subsidiary Protection: would convey temporary status to third party nationals.
Guidelines protect the right of internal movement, right to life, dignity and security of persons displaced.
Forced relocation only as last resort to protect the health and safety of those affected . May not be arbitrary / discriminatory, nor harmful to the needs of indigenous or marginalized groups dependent on their lands. Climate adaptation plan include recognition of migration or forced relocation but do not identify standards that would apply.
Not all disaster victims protected equally: Laws protect some but not all victims forced to migrate depending
on type of disaster and whether receiving country has favorable laws, rather than the victims immediate need.
Who is unprotected?
Persons moving across international borders due to the sudden-onset of natural climate disasters; Persons moving inside or outside their country as a consequence of slower-onset climatic events, such as long-term, persistent drought; Persons moving to international destinations from islands threatened by sea-level rise, coastal storm surges, or salinization resulting from sea water moving inland---persons could be rendered stateless; Persons moving across borders to seek refuge from designated highrisk zones too dangerous for human habitation due to climate danger; Persons forced to relocate or resettle under government programs of adaptationno binding guidelines apply.
Niger
Where climate adaptation programs acknowledge migration will occur, assist governments in managing migration in ways that will enhance the positive impacts and reduce the adverse impacts of forced displacement. At a minimum, provide greater protection for international migrants not able to return due to climate events, possibly through national migration management systems. Adopt international or regional agreements (similar to Kampala Convention) that solidify the IDP Guiding Principles to ensure implementation and increase accountability. Facilitate a holistic approach to research and policy development.