The Growing Crisis of Climate Refugees

GS2 – International Relations

Context

Climate-induced displacement is emerging as a major humanitarian concern. In 2024 alone, over 8.24 lakh people were uprooted due to severe weather events. Despite the increasing scale of the issue, climate refugees remain outside the scope of legal recognition, protection, and policy frameworks.

Understanding Climate Refugees

• The term refers to individuals forced to relocate due to ecological disruptions like rising sea levels, droughts, or extreme weather events.
• However, the label lacks official recognition under international law.
• The UNHCR avoids using “climate refugees,” opting for “persons displaced due to climate change and disasters.”

Complex Nature of Climate-Induced Displacement

• Most climate-related migration occurs within national borders.
• It is often linked with other factors like poverty, conflict, or weak governance, making legal classification difficult.

Legal Gaps and Lack of Protection

1. Exclusion from the 1951 Refugee Convention
   • This treaty covers persecution, war, or violence—not environmental displacement.
   • Example: In 2015, New Zealand denied asylum to a Kiribati citizen fleeing sea-level rise due to absence of legal grounds.
2. Humanitarian Relief Without Legal Entitlement
   • Protection is offered on a discretionary basis, rather than through enforceable rights.
3. Soft Law Mechanisms
   • Initiatives such as the Nansen Initiative and Platform on Disaster Displacement promote voluntary cooperation but have no binding authority.
4. Legal Uncertainty
   • Climate migrants fall outside the protection scopes of refugee laws and general humanitarian assistance.
5. Blurred Lines of Migration
   • Gradual environmental changes often complicate the distinction between voluntary and forced migration, undermining legal claims.
6. Vulnerability of Climate-Affected States
   • Many of these states lack the capacity to protect citizens or advocate for their international rights.

Recommendations and the Way Forward

1. International Legal Recognition
   • Climate refugees should be formally recognised under international law.
   • Either broaden the 1951 Refugee Convention or draft a new protocol.
2. Strengthening Regional Frameworks
   • Regional organisations like SAARC, ASEAN, and the African Union should create mobility agreements and relocation protocols.
3. Human Rights Integration
   • Incorporate climate displacement under rights like the right to life and adequate housing.
   • Use frameworks like the ICCPR to guarantee legal protection.
4. Invest in Adaptation Measures
   • Focus on climate-resilient infrastructure, diversified livelihoods, and early warning systems.
   • Avoid adaptation models that displace people due to increased costs or restricted access.
5. Establish Global Support Systems
   • Developed nations must fulfil climate finance pledges.
   • A dedicated Global Climate Displacement Fund is needed to support resettlement and compensation.
6. India’s Role
   • India must integrate displacement concerns into its National Action Plan on Climate Change (NAPCC).
   • It should also develop effective border and humanitarian protocols to address potential cross-border climate migration.