Introduction
Climate change is not just an environmental issue; it is a human crisis that is displacing people worldwide. The most vulnerable individuals are from underdeveloped countries who are being forced to migrate because of the developed countries’ significant contribution to climate change. These individuals are often referred to as climate change refugees and are increasing in number. However, despite this, there is a lack of an international legal system to protect them. The 1951 Refugee Convention does not recognize environmental factors as valid grounds for refugee status. This legal gap leaves climate change refugees vulnerable to exploitation, discrimination, and human rights abuses. In this essay, I argue that there are gaps in the international legal system to recognize and protect climate change refugees, and being the major contributor to climate change, it should be the responsibility of the developed countries to provide them protection by recognizing them as refugees.
1. Climate Change
Climate change refers to any change in the climate due to natural variability or because of human activity (IPCC, 2007, p. 30). It is becoming inevitable, and according to Abbass et al. (2022), it is a global inter-governmental complex challenge that is impacting ecological, environmental, socio-economic, and political sectors. It is not only affecting the communities but also has adverse effects on the individual’s physical and psychological health (Palinkas & Wong, 2020; Mora et al., 2022; Sundas et al., 2024).
1.1 Climate Induced Migration
Climate-induced migration occurs when people are forced to migrate due to the adverse effects of climate change on their environment and livelihoods. Extreme climate change can cause sea level rise, flooding, storms, and droughts, thus forcing people to migrate. It can lead to the loss of homes, destruction of infrastructure, socio-economic disruptions, and food insecurity (Poddar, 2024). The number of climate migrants is increasing, and it is estimated that it will reach around 200 million by the year 2050 (Myers, 2002, p. 611; Biermann & Boas, 2010, p. 79). It is a complex issue, as climate change is not the sole cause of migration; it also intersects with political, economic, and social factors (see Piguet, 2008; Maretti et al., 2019). However, it has been evidenced by studies that there is a nexus between climate change and migration. It can be direct because of the rising sea level, floods, and extreme weather events or indirect because of the institutional, political, and socio-economic factors (Almulhim et al., 2024).
2. Current International Legal Framework on Climate Change
In academic discourse, different terms have been used for the people who migrate because of climate change, and these include environmental refugees, environmentally displaced persons, forced climate migrants, and climate change refugees (Berchin et al., 2017). However, the international legal system does not recognize any of these terms. United Nations (1951, Art. 1) Convention Relating to the Status of Refugees while defining the term refugees does not include the individuals who migrate because of climate change. The lack of legal status makes climate migrants vulnerable to discrimination and human rights abuses (Kälin & Schrepfer, 2012). Behrman and Kent (2018, p. 6) have described legal status climate change refugees as ‘no man land’ thus reflecting their vulnerability in the absence of any recognition and protection.
3. The role of developed countries in Climate Change
The concept of ‘climate justice’ emerged due to the inequalities in climate change (see Balsiger, 2008; Ciplet et al., 2022) as to the contribution by the developing and developed countries. According to Lu et al. (2022), it is the developed countries that are responsible for most greenhouse gas emissions, thus contributing to air pollution and climate change. As per the report of Oxfam International (2023, p. 6), the world's richest 1% contributed 16% to the global carbon emissions, which is the same as emissions by the poorest 66%. The greenhouse gas emissions by the developed countries are the primary reason for the increase in global temperature and climate change (Erickson & Brase, 2019, p. 12). However, it is the developing countries that face the most severe consequences of climate change and are most vulnerable because of their limited resources and poor health and social outcomes (Chinowsky et al., 2011; Resnik, 2022; Majumdar and Weber, 2023).
3.1 Responsibility of developed countries
Climate change has emerged as an environmental justice issue. The developed countries have the obligation to provide financial support to the developing countries under the Paris Agreement, which is a legally binding instrument. This obligation arises out of the major contribution that the developed countries have towards climate change (Erickson & Brase, 2019, p. 13). However, the developing countries have severe reservations over financial aid given to them as compared to the magnitude of the effects of climate change. In COP29, the developing countries wanted 1.3 billion dollars per year, but the deal ended at 300 million dollars per year. In addition to this, they also expressed their concerns about the nature of financial aid as a loan instead of grant as it will lead further to debt (Paddison, 2024). The limited financial aid cannot address the vulnerability of the individuals who migrate because of climate change. They migrate due to threats to their lives and require protection, which can be temporary or permanent. According to Lister (2013), the states have two duties towards the refugees. Firstly, to not send them back to danger (non-refoulement) and secondly, to find durable solutions for them. These two duties can be extended for the climate change refugees. McAdam (2012) contends that the refugee convention cannot apply to climate change refugees as it can become impractical in cases of mass migration. However, as mentioned by Lister (2014), the approach of individualized determination can be applied for the most vulnerable climate change refugees. The developing countries, being the major contributors to climate change, also have the moral obligation of extending protection through asylum to such refugees to protect their lives, as existing mechanisms of financial aid do not provide the most viable solutions for them and do not guarantee their human rights.
Conclusion
Migration due to climate change is a pressing issue that demands immediate and comprehensive action. However, the international legal system neither recognizes nor extends any protection to climate change refugees. Developed countries, being the major contributors to climate change, hold responsibility for the protection of climate change refugees. The most effective approach to safeguard these individuals is to recognize them as refugees by extending the principles of refugee law and fulfilling moral obligations. This recognition would ensure that climate change refugees receive the necessary legal protections and support, and it will also address their vulnerabilities.