A/67/299
during past years, 27 and there is developing research that environmental
disturbances may increase flows of refugees fleeing persecution. Such
circumstances may allow for the application of international refugee law, as set out
by the 1951 Geneva Convention relating to the Status of Refugees and its 1967
Protocol.
62. Yet, the Special Rapporteur is aware that the vast majority of expected
climate-change-induced migrants will not be moving as a result of persecution.
Some commentators have thus argued for the creation of a new category of
protection: the “environmental refugee”. The Special Rapporteur acknowledges that
with regard to migration induced by climate change, the established law and
practice around refugee status will not, and perhaps should not, necessarily apply to
most. Although disturbances owing to climate change may increase movements of
refugees, it may be impractical, not to mention undesirable, to expand the definition
of international refugee law. First, many climate-change-induced migrants are most
often displaced within the borders of their State. Moreover, the refugee paradigm
neglects the major differences between temporary, permanent or circular climatechange-induced migration. It is also questionable whether a distinction between
refugees fleeing events induced by climate change and other refugees would be
useful. Furthermore, simply expanding the category of refugee law has the potential
to weaken the important system put in place for the protection of refugees and
asylum seekers. Thus, the present international refugee protection regime may not
be the most appropriate vehicle to accommodate the vast majority of climatechange-induced migrants.
63. The Special Rapporteur does not contend that this requires an automatic
recalibration of the refugee category, although he does note that the regional
instruments in Africa and in Latin America have enlarged the definition of refugees
to individuals fleeing “events seriously disturbing public order” 28 or other forms of
“generalized violence” 29 which may protect many climate-change-induced
migrants. However, it seems clear that the above-noted normative frameworks, while
generally applicable to environmentally induced migration, may not fulfil the
specific needs of most environmentally induced migrants; they constitute only a
partial response to the challenges of environmental migration. At present, beyond
the rubric of international refugee law, there thus seems to be a gap in international
law regarding protection of persons on the move for environmental reasons.
64. Under the current understanding of international migration management, the
inapplicability of international refugee law to the majority of climate-changeinduced migrants appears to leave only the residual category of “economic
migrants”. Yet, this classification does not reflect the complex chain of causality
between environmental change, loss of economic opportunities and forced
migration. 30 For example, slow-onset environmental phenomena, such as
desertification or diminishing natural resources, may create a stronger economic
__________________
27
28
29
30
12-46071
See report of the Secretary-General on climate change and its possible security implications
(A/64/350); see also: http://www.securitycouncilreport.org/site/c.glKWLeMTIsG/b.7535735/
k.BC1/July_2011brMaintenance_of_International_Peace_and_Security_Impact_of_Climate_
Change.htm.
Convention Governing the Specific Aspects of Refugee Problems in Africa, art. 1(2).
Cartagena Declaration on Refugees, 1984, para. 3.
Indeed, the Special Rapporteur notes that this distinction also falls down in the case of many
other categories of migrants.
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