19 December 2008

Asylum and Environmental Refugees

A reader of this blog posed a question as a comment on an older post relating to environmental refugees. Rather than have it get lost in the shuffle, I thought I'd build a post around it.

"Has anyone come across research linking national asylum policies to the often misconceived perception of environmental refugees in international politics?"

For context, I've listed a few articles below that consider 1) what international protection currently exists for people who are environmentally displaced, both internally and externally; and 2) whether or not a person displaced for environmental reasons qualifies as a refugee under the 1951 Refugee Convention definition and/or a person of concern under UNHCR's mandate.

"Climate Change and Displacement: Legal and Normative Frameworks," Forced Migration Review, no. 31 (2008) [text]

Climate change, natural disasters and human displacement: a UNHCR perspective (UNHCR, Oct. 2008) [text]

Environmental Causes and Consequences of Migration: A Search for the Meaning of "Environmental Refugees," Georgetown International Environmental Law Review, vol. 16, no. 2 (Winter 2004) [text]

"Environmental Refugees: Meeting the Requirements of the Refugee Definition," Environmental Law Journal, vol. 6, no. 2 (1997) [text]

"The protection of environmentally-displaced persons in international law," Environmental Law, vol. 37 (Spring 2007) [text]

"Turning the Tide: Recognizing Climate Change Refugees in International Law," Law & Policy, vol. 30, no. 4 (Oct. 2008) [abstract]

As for the national/regional level: With the current trend of governments placing limits on asylum, one would not expect existing national policies to be readily extended to the environmentally-displaced. This appears to be the conclusion drawn in this paper, which examines the status of environmental refugees under Australian law. However, states do offer other forms of temporary/subsidiary/complementary protection, which might cover people fleeing an environmental disaster. This writer is undertaking research on the question "Can the expected increase of climate refugees receive subsidiary protection within the existing legal framework of the European Union? A case study of the Qualification Directive." (He also tentatively concludes in this post that there is "not much protection for climate refugees in the EU.")

This Feb. 2009 symposium will look, in part, at "US immigration policies and their impact on environmentally induced migration" and "a comparison of US policies to those of other countries." Proceedings will be published in a future issue of the Fordham Environmental Law Review, so this is something to keep an eye out for.

I would be happy to post any other relevant references that readers wish to share.

Posted in Publications.

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