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Time to envision legal recourse for climate refugees
As gradually worsening climate patterns and severe weather events prompt an increase in human mobility, people who choose to move will do so with little legal protection. The current system of international law is not equipped to protect climate migrants, as there are no legally binding agreements obliging countries to support climate migrants.
While climate migrants who flee unbearable conditions resemble refugees, the legal protections afforded to refugees do not extend to them. In the aftermath of World War Il, the United Nations established a system to protect civilians who had been forced from their home countries by political violence. Today, there are almost 20.4 million officially designated refugees under the protection of the United Nations High Commission for Refugees (UNHCR), but there is an additional group of 21.5 million people who flee their homes as a result of sudden onset weather hazards every year.
The UNHCR has refused to grant these people refugee status, instead designating them as “environmental migrants,” in large part because it lacks the resources to address their needs. But with no organized effort to supervise the migrant population, these desperate individuals go where they can, not necessarily where they should. As their numbers grow, it will become increasingly difficult for the international community to ignore this challenge. As severe climate change displaces more people, the international community may be forced to either redefine “refugees” to include climate migrants or create a new legal category and accompanying institutional framework to protect climate migrants. However, opening that debate in the current context would be very difficult. Currently, the atmosphere in Europe and the U.S. would most likely lead to limiting refugee protections rather than expanding them.
(Adapted from https://www.brookings.edu)
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