The term “environmental refugees” is one of the many phrases that are used to describe people who move due to changes in the environment around them. Climate refugees are people who must leave their homes and communities because of the effects of climate change and global warming. Climate change is caused by natural events, such as volcanic eruptions, etc.,

While it’s true that the term “environmental refugees” is often used interchangeably with “climate refugees” to describe people who are forced to move due to environmental changes, there are some distinctions between the two terms.

1. Environmental Refugees: This term encompasses individuals or groups who are compelled to leave their homes or communities due to various environmental factors, which can include natural disasters like volcanic eruptions, as well as human-induced environmental changes such as deforestation, land degradation, and pollution. Environmental refugees may also be displaced due to factors like soil erosion, water scarcity, or habitat destruction.
2. Climate Refugees: On the other hand, climate refugees specifically refer to people who are displaced because of the impacts of climate change and global warming. While natural events like volcanic eruptions can contribute to climate variability, climate change primarily results from long-term shifts in temperature patterns, precipitation, and weather extremes due to human activities such as burning fossil fuels, deforestation, and industrial processes. Climate refugees are those who must leave their homes and communities because of these effects, which can include sea-level rise, extreme weather events, droughts, and desertification.

Climate refugees are individuals or groups of people who are forced to flee their homes or communities due to the effects of climate change, including but not limited to rising sea levels, extreme weather events, drought, desertification, and other environmental disasters. These individuals may be displaced within their own country or seek refuge in other countries, often facing significant challenges such as loss of livelihoods, food and water scarcity, inadequate shelter, and social and economic disruptions. Climate refugees are a growing concern as climate change exacerbates environmental pressures and leads to increased displacement of populations worldwide. However, it’s important to note that the legal status of climate refugees and their rights remain complex and often inadequately addressed within existing international frameworks.

Climate refugees are people who must leave their homes and communities because of the effects of climate change and global warming.

International refugee law. However, they may be applicable to individuals who do not meet the specific criteria outlined in the Refugee Convention but still face serious harm if returned to their home countries due to environmental factors such as climate change. These complementary forms of protection acknowledge the evolving nature of displacement and seek to address gaps in traditional refugee law frameworks.

International case laws:

As of my last update in January 2022, there weren’t many case laws specifically addressing climate refugees, primarily because there is no internationally recognized legal framework for climate refugees. However, there have been some cases where individuals have sought asylum or other forms of protection based on environmental factors, including climate change. Here are a few notable examples:

1. Ioane Teitiota v. Chief Executive of the Ministry of Business, Innovation, and Employment (New Zealand, 2013): Ioane Teitiota, a Kiribati national, sought asylum in New Zealand, arguing that he should be considered a climate refugee due to the impacts of sea-level rise on Kiribati. His case gained international attention as one of the first legal challenges based on climate change-related displacement. However, in 2013, the New Zealand courts rejected his appeal for refugee status, stating that his situation did not meet the legal definition of a refugee under the Refugee Convention.
2. Maugeri v. Italy (European Court of Human Rights, 2015): This case involved a family from Italy who sought asylum in Switzerland, citing environmental degradation and health risks due to pollution in their hometown. While not explicitly about climate change, it underscores the broader issue of environmental harm leading to displacement and the legal challenges of seeking protection under existing asylum laws.
3. UN Human Rights Committee Decision (2020): In a landmark decision, the UN Human Rights Committee ruled in favor of Ioane Teitiota (mentioned above) in a complaint against New Zealand, stating that countries may not deport individuals who face risks arising from climate change-induced environmental degradation. While this decision does not establish a new legal category for climate refugees, it acknowledges the intersection between human rights law and climate-induced displacement.

These cases highlight the complexity of addressing climate-induced displacement within existing legal frameworks and the need for further international cooperation and legal development to protect vulnerable populations affected by climate change. As the impacts of climate change continue to worsen, it’s likely that more cases related to climate refugees will emerge, potentially shaping future legal interpretations and responses.

Indian case laws:

As of my last update in January 2022, there haven’t been significant case laws specifically addressing climate refugees in India, mainly because India, like many other countries, does not have a legal framework specifically recognizing climate refugees. However, India faces various environmental challenges, including those exacerbated by climate change, and there have been instances of people being displaced due to these factors. Here are a few examples:

1. Gujarat Floods and Cyclone Cases: India frequently experiences floods and cyclones, which can lead to significant displacement of people. While these cases may not explicitly address climate change as the primary cause of displacement, they underscore the broader issue of environmental displacement. Courts in India have handled cases related to compensation, rehabilitation, and relief for those affected by floods and cyclones.
2. Narmada Bachao Andolan (NBA) Movement: The NBA movement has been advocating for the rights of people displaced by the construction of dams on the Narmada River. While the primary concern of the movement is not climate change, it highlights the issue of displacement due to large-scale development projects, which can be exacerbated by changing environmental conditions.
3. Legal Challenges to Environmental Degradation: Various environmental organizations and activists in India have filed lawsuits against industries and government agencies for environmental degradation, such as air and water pollution, deforestation, and habitat destruction. While not explicitly about climate refugees, these cases reflect a broader concern about the impacts of environmental degradation on communities and ecosystems.
4. Kerala Floods (2018) and Chennai Floods (2015): These catastrophic flooding events led to widespread displacement and destruction of homes and infrastructure. While there haven’t been specific legal cases related to climate refugees arising from these events, they highlight the vulnerability of communities to extreme weather events exacerbated by climate change.

While India does not have specific case laws addressing climate refugees, the country is increasingly recognizing the importance of addressing climate-induced displacement through policies and programs focused on disaster risk reduction, adaptation, and resilience-building. As climate change continues to impact vulnerable communities in India, it’s likely that legal challenges related to climate-induced displacement will become more prominent, potentially shaping future legal responses and frameworks.

Conclusion:

Climate refugees are individuals or groups forced to leave their homes due to environmental disruptions caused by climate change. Despite the increasing recognition of this phenomenon, there is currently no international legal framework specifically addressing the protection of climate refugees. However, complementary forms of protection may offer some avenues for assistance to those affected by climate-induced displacement.