Proposals for the recognition and protection of "climate refugees"

Α. Definition of 'climate refugees'

In order to reflect the seriousness of the situation, highlight political responsibility and emphasise the urgent need for policy makers to address the issue proactively, the definition of 'climate refugee' should include the following characteristics:

• forced displacement,
• temporary or permanent relocation,
• movement across borders,
• disturbances associated with climate change and extreme weather events, such as heat waves, heavy rainfall, drought and associated fires and floods,
• sudden or gradual environmental disturbance.

A definition that can help address the need to identify and assist people forced to flee their homes due to climate change, while incorporating the humanitarian core principles and values of the European Union, such as respect for human dignity and respect for human rights (TFEU, Article 2), is the following:

"Persons who involuntarily leave their country of nationality, or the country in which they reside, because of gradual or sudden changes in their natural environment related to at least one of the adverse effects of climate change (sea-level rise, extreme weather events, drought and water scarcity), and are unable or unwilling to return to it."

The impacts of climate change are defined as gradual or sudden changes in the natural environment such as temperature rise, sea level rise, drought, water scarcity and extreme weather events, e.g. heat waves, storms, rainfall, floods, etc., whose frequency and/or magnitude compared to those of the pre-industrial period at the relevant geographical scale are characterised by an increased risk.

Β. Policies and legal framework 

Historical greenhouse gas emissions from economically developed countries are a key driver of global warming and anthropogenic climate change. Therefore, there is significant causality and responsibility to be taken into account when addressing the issue of climate refugees. Regions with historically high emissions in the world, such as the EU-27, bear significant responsibility for the existential crisis caused by climate change and instead of spending more money on fencing their borders to keep out migrants and refugees, they should focus on addressing the phenomenon and taking the necessary measures to provide legal recognition and protection for these individuals.

Reflecting the spirit of the preamble of the Paris Agreement and the 2023 Global Stocktake decision on "loss and damage", we propose a legislative and policy framework that puts the European Union at the forefront as a champion of the recognition of the status of climate refugees, consisting of the following pillars:

Proposal for the adoption of a new Directive on Temporary Protection Status specifically for climate refugees     

In extremely exceptional situations of mass influx of displaced persons from third countries who cannot return to their country of origin, the European Union (EU) has created the mechanism of "Temporary Protection". The mechanism is based on a Directive adopted in 2001 (2001/55/EC) and aims to establish a system for managing mass arrivals of foreign nationals in the EU who cannot return to their countries, in particular because of war, violence or human rights violations. This Directive was first implemented in 2022, following Russia's invasion of Ukraine, when millions of people fled war-torn areas seeking refuge in EU countries.

The recognition of the major challenges caused by climate change, the fact that Europe is located in a geographical area surrounded by Africa and Asia, which are facing acute problems due to climate change, resulting in large populations being forced to move, and at the same time the lack of serious initiatives to identify and protect these people creates an extremely urgent situation, which calls for bold initiatives in this direction.

Therefore, building on the framework developed in the Temporary Protection Status Directive, we propose the adoption of a new separate Directive aimed at protecting displaced persons due to the effects of climate change.

In line with our proposal above, "displaced persons" are defined as those persons who involuntarily leave their country of nationality or the country in which they reside due to gradual or sudden changes in their natural environment related to at least one of the adverse effects of climate change, and are unable or unwilling to return to it."

The following are proposed as fundamental features of the Directive:

• Temporary protection applies in all Member States by a decision of the European Commission confirming a mass influx of displaced persons in the EU and defining the groups of persons in need of protection.
• It has a duration of one year and can be extended up to two years.
• The protection can end if the Commission considers it safe for the persons to return home.
• Member States must ensure that displaced persons wish to come to their country.
• Member States should issue a residence permit to persons who have been granted temporary protection. This permit is valid for the full duration of the protection.
• Persons granted temporary protection have the right to:
  • engage in an activity as an employed or self-employed person;
  • have access to vocational training and education;
  • have adequate accommodation;
  • be provided with social assistance, financial support and medical care.
• Children under 18 will also have the right to education under the same conditions as nationals of the host Member State.
• If some of the members of the same family have been granted temporary protection in different EU Member States, or if some of the family members are not yet in the EU, they should have the right to be reunited in the same Member State.
• Persons granted temporary protection should be able to apply for asylum. The receiving Member State is responsible for examining the application.
• However, Member States may decide that a person granted temporary protection cannot have the status of asylum seeker at the same time.

Importantly, the Directive allows for an asylum application to be made during the period of validity of temporary protection, specifying that in cases where the examination has not been completed by the end of the temporary protection framework, it is completed after the end of that period. At the same time, the legal provision stipulates that in case of rejection of the asylum application, the beneficiary of temporary protection should be able to continue to enjoy the status for the remaining period of its validity.

The Temporary Protection Status should not be confused with the asylum procedure. Temporary protection is part of the Common European Asylum System and not an alternative to it. As proposed above, beneficiaries of the temporary protection status retain the right to apply for asylum.

EU advocacy on adding a new Protocol to the Convention relating to the Status of Refugees

In the case of persons displaced by climate change, who are not covered by the current asylum system, and considering that the Convention relating to the Status of Refugees is close to providing the type of protection required, it would make sense to establish a new protocol under the Convention to provide protection to persons displaced across international borders due to the climate crisis.  

Moreover, a comprehensive framework of policy initiatives at EU level cannot be limited to the adoption of temporary protection measures alone. Instead, initiatives aimed at creating a system of long-term protection are needed.

In this context, we propose that the EU should take the lead in taking action to add a new protocol to the Geneva Convention on the Status of Refugees, extending protection to persons displaced by the effects of climate change. Building on the Report of the UN Special Rapporteur on Climate Change, and recognising the challenges that several countries are already facing precisely because of environmental degradation, it is necessary for the EU to take the initiative to lobby the UN to adopt such a framework.

In particular, we propose:

• Either the European Commission, the European Council or the EU High Representative for Foreign Policy should submit proposals to the UN General Assembly, in which he/she participates as an observer. The UN High Commissioner for Refugees, UNICEF, and the International Organization for Migration will be the lead UN agencies in the effort to adopt a more expanded Protocol to the Geneva Convention, and their expertise and experience will contribute to the development of the framework.
• The Protocol should recognise the expanded definition of a climate refugee, as described above.
• In addition, the framework should include provisions relating to children. Children are also the biggest victims of climate change, as they may not experience a normal childhood due to displacement caused by climate change, may be exploited, and may be excluded from educational processes. Thus, UNICEF and IOM developed the Guiding Principles for Children Forced to Move in the Context of Climate Change, which include a rights-based approach; best interests of the child; accountability, awareness and participation in decision-making; family unity; safety and security; access to education, health care and social services; and anti-discrimination. These pillars should be given legal status and incorporated into the new Protocol.
• Encourage States as well as regional initiatives to develop legal frameworks based on the new Protocol for the protection of climate refugees. At the same time, it is proposed that measures to protect climate refugees be adopted pending the adoption of the Protocol, so that de facto pressure can be exerted for the development of a uniform framework.
• Make concerted efforts to secure funding to respond as adequately as possible to the new challenges. It is proposed that the States Parties to the Paris Climate Agreement jointly establish a fund to pool resources and finance the actions needed to protect people displaced by climate change.
• It is also proposed to set up a mechanism overseen by the International Organization for Migration (IOM) and the Intergovernmental Panel on Climate Change, which would be responsible for reviewing every few months the parts of the world designated in 'climate crisis' and based on its report, Member States would accept to consider asylum claims of climate migrants coming from these areas.

Agreement on a Declaration on the recognition and protection of 'climate refugees' at Mediterranean level

The fact that the EU should have the first say in opening the debate on the protection of 'climate refugees' and the development of policies to this end does not mean that similar initiatives should not be developed at regional level. Quite the contrary. Considering that political and bureaucratic procedures in the EU take a long time, efforts for consultation and action at regional level should be stepped up.

Following the model of regional initiatives such as the Organisation of African Unity Convention (1969) on the Special Aspects of the Refugee Problem on the African Continent, which has been ratified by 46 states, the Cartagena Declaration (1984), the African Union Convention for the Protection and Assistance of Internally Displaced Persons (2009), or the Pacific Regional Framework on Climate Mobility, it is proposed to encourage similar initiatives at the European regional level.

One initiative that we propose to undertake in the context of EuroMED9[1] is also to agree on a Declaration, adopted by States, along the lines of the Cartagena Declaration, outlining a coherent policy framework. The aim is to develop a dynamic between the countries of southern Europe, which will probably involve the participation of other countries in the initiative.

In the Mediterranean in particular, a region where migration should be a priority for serious transnational cooperation, an initiative on climate migration could be taken in the context of MED9, i.e. the group of nine Mediterranean EU Member States. Among other Mediterranean issues, the MED9 countries have prioritised integrated and structural migration management. Objective: to identify and establish a framework for the protection of people displaced from their homes due to environmental degradation. In this context, initiatives could be proposed by MED9 to develop a broader European institutional framework based on the resolution "A legal status for 'climate refugees'", adopted in 2019 at the Council of Europe, which protects 'climate refugees' and which will be introduced in their national legislations.

Key provisions of the proposed Declaration should be:

1. To stress that, based on international experience and available evidence of the intensity of the impacts of climate change, not only on the environment but also on societies, it is necessary to consider broadening the concept of refugee. Therefore, the definition or concept of refugee proposed for use in the region is one that, in addition to the elements of the 1951 Convention and the 1967 Protocol, includes among refugees and persons forced into transboundary displacement from their habitual place of residence due to gradual or sudden changes in their natural environment related to at least one of the adverse effects of climate change.

2. To define negative effects of climate change as: gradual or sudden changes in the natural environment such as temperature rise, sea level rise, drought, water scarcity and extreme weather events, e.g. heat waves, storms, rainfall, floods, etc., which are characterised by an increased risk in terms of frequency and/or magnitude compared to those of the pre-industrial period at the relevant geographical scale.

3. To consider the actions to be put in place by Member States to manage 'climate migration'.

4. To promote the elaboration and implementation of European development cooperation programmes funded by Member States to support the proper implementation of mechanisms to protect human mobility following climate change-related disasters (e.g. the Kampala Convention).

5. To urge Member States to undertake reforms of legislation to recognise temporary residence status for victims of natural disasters who are of different nationalities.

6. To require Member States to develop within the asylum system protection mechanisms for people forced into displacement by long-term climate change in their home countries, while recognising the protection gap in the Geneva Convention on the Status of Refugees.

7. To highlight the importance and meaning of the principle of non-refoulement (including the prohibition of refoulement at borders) as a cornerstone of international refugee protection. This principle is imperative with regard to refugees and in the current state of international law must be recognised and respected as a rule of jus cogens.

8. To recognise that family reunification is a fundamental principle with regard to refugees and should be the basis for their humanitarian treatment in the country of asylum, as well as for the facilities granted in cases of voluntary repatriation.

9. To seek close cooperation with NGOs and civil society organisations, which, with their accumulated experience, will assist in the reception and integration of these persons in the host countries.