Background

One of the thematic issues identified by the UN Special Rapporteur relates to addressing the human rights implications of climate change displacement including legal protection of people displaced across international borders.

The United Nations Refugee Agency (UNHCR) estimates¹ that global forced displacement has surpassed 84 million at mid-2021. As of end of 2020, 49 million are internally displaced people and an estimated 35 million (42 per cent) of the 82.4 million forcibly displaced people are children below 18 years of age.

According to the Internal Displacement Monitoring Centre data², nearly 1,900 disasters triggered 24.9 million new displacements across 140 countries and territories in 2019. This is the highest figure recorded since 2012 and three times the number of displacements caused by conflict and violence.

Displaced people are often portrayed as victims of slow-onset events in need of assistance and protection, but the literature also provides examples of how they can be drivers of community-based solutions. For many communities, return is a desirable durable solution, but it is less likely in situations where slow-onset climate processes are at play because they tend to be all but irreversible.

In response, a case concerning the deportation of a Kiribati citizen from New Zealand who claimed to be a climate change refugee, the Human Rights Committee held the view³ that the facts before it do not permit it to conclude that the author’s removal to Kiribati violated his rights under article 6 (1) of the International Covenant on Civil and Political Rights.

It would appear apparent from this finding and the findings of the national court that initially heard the case, that persons displaced across international borders are not defined as refugees under the 1951 UN Refugee Convention. Subsequently there appears to be no legal definition for a climate change refugee.

Consequently, there are limited legal protections for people displaced across international borders as a consequence of being forcibly displaced by climate change. This means that these people may be deprived of their human rights and makes them prone to exploitation and suffering. Women and children and persons with disabilities may be particularly vulnerable to such circumstances. Furthermore, a recent statement by special procedures mandate-holders which the Special Rapporteur joined noted with alarm that among 84 million people who are currently forcibly displaced worldwide, lesbian, gay, bisexual, trans and gender diverse (LGBT) persons are particularly vulnerable and marginalized. Fleeing persecution and socio-economic exclusion, they often reside in countries that do not provide strong human rights protections or actively discriminate based on sexual orientation and gender identity.

In light of these recent findings, it is important to explore options and respond to the need for urgent responses to the climate change displacement. In particular, it is important to understand and find legal remedies and redress for individuals and communities displaced by climate change. 

Consistent with the mandate, the Special Rapporteur is exploring legal actions to provide appropriate human rights protections for people displaced by climate change. This includes people internally displaced within their own country and those that are displaced across international borders as a consequence of climate change. Specific considerations will be given to individuals and communities displaced as a consequence of climate change, namely: women, children, persons with disabilities, indigenous peoples, local communities, peasants and other people working in rural areas, people living in conditions of water scarcity, drought and desertification, persons belonging to minority groups, homeless persons, persons living in poverty, older persons, migrants, refugees and internally displaced persons, those living in conflict areas and those already in vulnerable situations, and the importance of recognizing their agency in contributing to climate action.

Key questions and types of input/comments sought

The Special Rapporteur is therefore, seeking input from States, business enterprises, civil society organizations and intergovernmental organizations on what legal actions are necessary to protect the rights of individuals and communities displaced by the impacts of climate change.

1. Download the questionnaire (PDF):
   English | Français | Español

How inputs will be used

All submissions will be made publicly available and posted on the Special Rapporteur’s homepage at the OHCHR website.