Abstract
Human migration has helped populations survive harsh environments. However, international law has mostly addressed migration caused by persecution, conflict, and war, leaving environmental migrants unprotected. This chapter critically evaluates four essential international human rights and environmental law tools to protect environmental refugees. These include the refugee convention, complementary protection, guiding principles on internal displacement, and UNFCCC. By carefully analyzing these instruments, it becomes clear that they cannot fully address environmental migration. This constraint highlights the need for a separate international mechanism to address environmental displacement. The instrument should strengthen affected populations' resilience and assist in relocation.
TopMethodology
The study reported in this chapter results from a careful and systematic review of the literature regarding the changing state of international human rights protection for people forced to migrate because of environmental circumstances. To attain accuracy in the definition of environmental migration, we combined resources from two reputable international organizations: the United Nations Environment Programme (UNEP) and the International Organisation for Migration (IOM). Academic articles delving into many aspects of the phenomenon supplemented these basic definitions. We used information from the Internal Displacement Monitoring Center’s annual Global Report to calculate the scope of the problem (IDMC) quantitatively. We also examined international human rights conventions and the authoritative interpretations of those conventions found in the General Comments that corresponded with them, grounding our viewpoint in the human rights domain. We expanded our scope by including peer-reviewed books and journal papers that tackled the job of contrasting the relevance and appropriateness of current international legal frameworks in addressing the situation of environmental migrants. Resources like Google Scholar and the University of Vienna library repository made this extensive investigation possible.
Key Terms in this Chapter
Climate Change and Displacement Risks: The chapter links climate change to increasing risks of displacement. It underscores how climate change intensifies environmental changes, leading to higher vulnerability and displacement risks. This connection is crucial for understanding the growing scale of environmental migration and the urgent need for international action.
Human Rights and Environmental Displacement: The chapter emphasizes the impact of environmental migration on human rights, particularly in the context of international law. It discusses the protection needs for environmental migrants, including rights to life, personal safety, adequate living conditions, and access to basic necessities. The article also notes the challenges in ensuring these rights, given the lack of a comprehensive legal framework specifically for environmental migrants.
International Legal Frameworks: This keyword relates to the examination of existing international legal tools and their effectiveness in protecting the rights of environmental migrants. The article suggests that current international laws are insufficient for addressing the unique challenges posed by environmental migration, indicating the need for a more robust and specific legal regime.
Environmental Migration: This refers to the movement of people due to environmental changes, often exacerbated by climate change. The article highlights that environmental migration is multifaceted, involving both sudden-onset disasters (like hurricanes and earthquakes) and slow-onset events (like droughts and sea-level rise). It's a complex issue due to the interplay of various factors like social, political, and economic conditions.
Disaster-Related Displacement Statistics: The chapter provides various statistics on displacement caused by environmental disasters, illustrating the magnitude of the issue. It mentions millions of people displaced by events like Hurricane Sandy, Typhoon Mangkhut, and other natural disasters, highlighting the global and increasing scale of disaster-related displacement.