Climate Change Refugees- No Legal Definition, No Protection
Hanaã Obeidat
War, famine, and human rights issues. These concepts are typically what one may think of when hearing the word “refugee.” However, a less common notion thought of when considering refugee crises is climate change. The number of climate change refugees is steadily rising and becoming more common as climate change itself continues to occur. Climate change and human rights issues are deeply intertwined, particularly when extreme changes in a natural environment leads to the displacement of individuals. Despite the consistently growing amount of climate change refugees, many are unfamiliar with this category of refugees. As the number of displaced persons due to changing climates increases, it is imperative that general education on the topic expands and policy change initiatives occur.
In 1985, Essam El-Hinnawi, United Nations Environmental Programme (“UNEP”) expert, defined climate change refugees (also called “climate refugees” and “environmental refugees”) as individuals who have been “forced to leave their traditional habitat, temporarily or permanently, because of marked environmental disruption.” An estimated 21.5 million people have been displaced by natural disasters and environmental hazards since 2008. Extreme weather-related events such as wildfires, hurricanes, tsunamis, and so on are just a few examples of occurrences that have forced climate change refugees from various regions. In 2017 alone, of the 30.6 million displaced refugees, 60 percent of them were displaced due to natural disasters. Data projections show that between now and the year 2050, displacement will only worsen. Various compilations of data beg the question of what policies international governments are implementing to combat projected increases in climate refugees. Simply put, not much can be done until these individuals are legally recognized as refugees.
It seems that part of the issue of determining cohesive international policy on climate refugees rests, at least in part, on whether this is a question of human rights or climate change. The answer is, it is both. In 2018, the Global Compact on Refugees recognized, that, “climate, environmental degradation and disasters increasingly interact with the drivers of refugee movements.” In 2020, the United Nations High Commissioner for Refugees (“UNHCR”) appointed a Special Advisor on Climate Action in an effort to better address climate change and climate refugees. However, as of 2020, the UNHCR still does not recognize “climate refugee” as an accurate term for the individuals displaced from disasters and climate change. This has been a major issue because the United Nations (“UN”) itself, an entity whose purpose is to intentionally guide international policy, has its own qualms on issuing a legal definition for those displaced by climate change.
The lack of a legal definition for a climate refugee poses grave threats to victims displaced by climate change. The UN’s refusal to issue a legal definition means climate refugees are not actually “seen” as refugees by the UN in a technical, legal sense. Therefore, individuals who are displaced by disasters and a changing climate are not afforded the same protections traditional refugees may receive. As highlighted, individuals displaced by climate change are projected to grow exponentially in the coming years, meaning a legal definition for climate refugees is necessary now. However, as of right now the only “real” answer the UN has given to why it has yet to issue a legal definition is in an eleven page document issued in 2020
The archaic framework the UN utilizes to define refugees from the 1951 Refugee Convention fails to account for modern times. The 1951 Refugee Convention is a document that defines a refugee as, “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” Though helpful, this definition does not account for persons who have fled their home countries from climate related issues. In the most basic sense, a climate refugee is an individual who must cross borders, or is generally displaced, due to climate change-related issues. This is the essence of a refugee. In the year of 2022, it is clear that unprecedent modern issues have risen in the field of human rights and, more specifically, refugees. Therefore, it is crucial the UN adopts a legal definition of a climate refugee. Should the UN fail to do so promptly, it is unknown how many individuals in need will be refused aid and asylum due to a changing climate.