Dialogue on climate migration

Pre-consultation: How can climate change displaced people be protected?

The deterioration of living conditions and prospects for social development and sustainable economic activity in many regions of the world because of the climate crisis is a reality that has already resulted in the displacement and migration of thousands of people. In our 'neighbourhood' in particular, the countries of the Mediterranean and southern Europe are experiencing increased migration flows due to their geography. Greece, Italy, Malta, France, Spain and Portugal are the most common first host countries in Europe and are already facing challenges in managing migratory flows. 

Given that as the average global temperature increase approaches the scientifically defined 'threshold' of 1.5°C above pre-industrial levels, and while catastrophic events (such as uncontrolled floods and heat waves) are becoming more frequent and tending to become the new normal, the numbers of people forced to migrate due to unsustainable living conditions can be expected to increase dramatically. The Mediterranean is surrounded by Africa and Asia, which are facing acute problems due to climate change, with the result that large populations are being forced to move, creating an extremely urgent situation that the countries of the region will soon have to face. 

Understanding the challenge as early as possible will be crucial for taking the appropriate measures and policy initiatives necessary for Europe to better respond to the expected increase in migration flows, for purely environmental reasons, by evolving the existing framework of human rights and protection of people forced to move because of the climate crisis. 

WWF Greece in cooperation with the Greek Council for Refugees are exploring the humanitarian aspects of the climate crisis and launching an open consultation on the issue of " climate refugees”. This document is the first stage of a dialogue aiming to support the development of a policy proposal on Europe's response to this serious issue.

It is necessary to clarify that the term "climate refugees" used for the purposes of the project is indicated with the addition of quotation marks in order to avoid confusion with the provisions of the Geneva Convention relating to the Status of Refugees, which does not provide for the recognition of climate change and environmental disasters as independent grounds for fear of persecution (for more on the definition of "climate refugee", see the relevant chapter in the attached analytical framework uploaded in section Library).

We identified and put out to open consultation the following three approaches that could contribute to the global as well as EU challenge of the expected increase in population movements due to the climate crisis.

We invite you to participate in this pre-consultation and to share your best ideas and concerns about the proposed approaches. Indicative questions we would like you to consider are as follows: 

• Which people need protection and what are the circumstances of their movement that need to be taken into account? 
• What legal tools can be used to protect them? 
• What should the protection regime include? 
• Under what terms and conditions should protection status be granted?

1.    Initiatives at EU level 

In the context of cooperation between the EU and the Council of Europe, it is proposed to launch an open public and political dialogue to create a coherent normative/legislative framework that includes and recognises the category of "climate refugees". This is based on the Council of Europe resolution entitled «A legal status for "climate refugees"», adopted in 2019 and:

• It reaffirms that the obligation to protect internally displaced persons is the responsibility of the Member States and should be the first level of legal protection in their legislation.
• Examines the actions Member States should put in place to manage "climate migration".
• It promotes the elaboration and implementation of European development cooperation programmes, funded by Member States, to support the proper implementation of mechanisms to protect human mobility after environmental disasters related to climate change (e.g. the Kampala Convention).
• Urges the Member States to undertake reforms of legislation on the recognition of temporary residence status for victims of natural disasters of different nationalities.
• Recognising the protection gap in the Geneva Convention on the Status of Refugees, the resolution calls on Member States to develop within the asylum system protection mechanisms for people forced into displacement by long-term climate change in their home countries.

The framework needs to be binding on the Member States as regards the implementation of policies for the protection of these people. 

It is also proposed to create a legal framework based on the temporary protection regime of Directive 2001/55/EC, in cases where the Council of the European Union finds that there is a mass influx of displaced persons from a third country due to exceptional circumstances resulting from large-scale environmental disasters which make it impossible for these persons to return to their home countries. The main provisions of the Directive are:

• Temporary protection is applied in all Member States by a decision of the Council of the European Union confirming the massive influx of displaced persons into the EU and defining the groups of persons in need of protection.
• It has a one-year duration and can be extended up to two years.
• Protection can end if the Council considers it safe for the persons to return home.
• Member States must ensure that displaced persons wish to come to their country.
• Member States must issue a residence permit to persons granted temporary protection. This permit is valid for the full duration of protection.
• Persons granted temporary protection have the right to:
  • be employed or self-employed;
  • have access to adult education programmes, vocational training and work experience;
  • have suitable accommodation;
  • be provided with social assistance and 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 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 someone who has been granted temporary protection cannot have the status of asylum seeker at the same time.

Finally, it is proposed that the EU take the initiative to revise the Geneva Convention on the Status of Refugees by adding a new Protocol extending protection to persons displaced by the effects of climate change. Drawing 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.

2.    Initiatives at Mediterranean level

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, or the Cartagena Declaration (1984), or 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 regional level.

In the Mediterranean, 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, the group of nine Mediterranean EU Member States. Among other Mediterranean issues, the MED9 countries have prioritised integrated and structural migration management. The objective of the above should be 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 Council of Europe Resolution, to protect "climate refugees" and introduced into their national legislation. Furthermore, another initiative that could be taken in the context of MED9 is also the agreement on a Declaration, to be adopted by States, modelled on 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. 

3.    Initiatives at national level

Many Latin American countries have adopted the Cartagena Declaration into their domestic law. An example is Mexico, which in 2011 incorporated these provisions into its domestic legislation. The same applies to Argentina, which in 2022 adopted legislation to protect people displaced by environmental disasters. 

Also important are the actions of New Zealand, which has concluded an agreement with island states such as Tuvalu and Kiribati on a migration policy framework.

Based on regulations dictated by international migration law, as well as international human rights law which focus on the protection of life, the prohibition of torture and inhuman or degrading treatment, such as Articles 6 and 7 of the International Covenant on Civil and Political Rights ("ICCPR"), it is proposed to develop new legislative instruments in this direction.