Practical toolkit on climate and disaster displacement
A new, first-of-its-kind global resource can help lawyers, judges and other decision-makers navigate an increasingly important issue: international protection claims where climate change or disasters play a part.
International Protection for People Displaced across Borders in the context of Climate Change and Disasters: A Practical Toolkitis a clear, systematic guide to dealing with this pressing issue. It was written by scholars with decades of expertise in this burgeoning field: Professor Jane McAdam AO and Dr Tamara Wood at the Kaldor Centre; Professor Kate Jastram and Felipe Navarro at the Center for Gender & Refugee Studies, University of California College of the Law, San Francisco; and Professor Geoff Gilbert at the School of Law and Human Rights Centre, University of Essex, in collaboration with the United Nations High Commissioner for Refugees (UNHCR).
Displacement in the context of disasters and climate change is already happening. Across the globe, rising temperatures, sea-level rise and more extreme weather events are forcing people to move. Most people stay within their own country. But some cross an international border to seek safety, raising the question, do they qualify for refugee status or international protection on human rights grounds? Lawyers and decision-makers need to better understand when, how and why people may have valid protection claims in such circumstances.
The Practical Toolkit provides a clear, detailed and action-oriented resource for legal practitioners and decision-makers tasked with assessing international protection claims involving the impacts of climate change and disasters. It is accompanied by a shorter Overview that sets out the key considerations that should be taken into account in any such claim.
The Practical Toolkit does not seek to extend the scope of refugee or human rights law. Rather, it reveals how existing laws – including the 1951 Refugee Convention and the International Covenant on Civil and Political Rights (ICCPR) – may be applied to these evolving situations. It also shows the applicability of regional legal frameworks from Africa, the Americas and Europe.
What are the core principles for decision-makers?
The Practical Toolkit identifies five key considerations that should guide decision-making in protection claims involving climate change and disasters:
1. No special rules apply: International protection claims involving the impacts of climate change and disasters should be assessed in the same way as all other protection claims.
2. Consider the ‘hazard-scape’ as a whole: Decision-makers should not focus solely on climate change or the disaster event itself but also on the broader range of hazards that may contribute to a person’s vulnerability – such as food insecurity, water scarcity and health risks.
3. Climate change and disasters affect individuals in different ways: Factors such as age, gender, health and disability can create differing and intersecting risks of harm.
4. Human agency is relevant: While particular hazards may occur naturally, the risk of harm that follows generally depends on whether and how governments and others respond.
5. Consider the risk of harm over time: The impacts of climate change and disasters may emerge suddenly or gradually, and their effects may be felt over time. Decision-makers should therefore consider a longer timeframe in assessing risk, including potential measures a country may take to try to mitigate it.
'This Practical Toolkit is a valuable resource to help legal practitioners and decision-makers appreciate how existing refugee law and human rights law can provide protection to people at risk in the context of climate change and disasters,’ said °IJʹ Professor Jane McAdam AO, director of the Kaldor Centre’s Evacuations Research Hub.
‘Inaccurate but popular labels – such as “climate refugee” – have caused confusion, and some decision-makers have been spooked by “climate change”, thinking they need specialist scientific expertise to grapple with it. The Practical Toolkit debunks and demystifies these and other misapprehensions, using case examples and principled analysis to show why no special tricks are needed,’ McAdam added.
°IJʹ Senior Research Fellow Dr Tamara Wood said, ‘Across the globe, the impacts of climate change and disasters vary between regions, countries and communities. This Practical Toolkit is unique in its detailed consideration of not only international refugee and human rights instruments, but also regional frameworks in Africa, Latin America and Europe.’
According to UC Law SF Professor Kate Jastram, ‘This Toolkit offers a clear and practical overview of cases and analysis from around the world. It is intended as a global resource that can be adapted in any country to fit its existing legal framework, much like the practice advisory that CGRS has created for the United States. Comparing case law from different countries can be helpful for decision-makers and practitioners anywhere who may be approaching climate change and disaster-related cases for the first time.’
CGRS Associate Director of Policy & Advocacy Felipe Navarro said, ‘We hope this Toolkit helps strengthen the application of refugee and human rights law as part of a broader response to displacement in the context of climate change and disasters – one that also includes humanitarian aid, proactive migration pathways, and resilience-building efforts to help people remain in their homes when possible. As governments increasingly recognize the role of these legal frameworks in addressing displacement – such as in the 2024 Chile Declaration and Plan of Action adopted by Latin American and Caribbean nations – there is a growing need for clear, practical guidance.’
University of Essex Professor Geoff Gilbert added that, ‘while climate and disasters can affect everyone, those forcibly displaced may experience this in complex contexts, as part of the initial reason for displacement, or as part of their lived experience in the country offering refuge, or even as an impediment to safe return where the political context no longer puts them at risk. The complicated nature of forced displacement means that decision-makers and advisers need to understand the broader context in which climate and disasters affect people’s lives.’
Read theInternational Protection for People Displaced across Borders in the context of Climate Change and Disasters: A Practical Toolkit or scan the Overview.
ThisPractical Toolkithas been developed bythe Kaldor Centre for International Refugee Law, theCenter for Gender & Refugee Studies, University of California College of the Law, San Francisco, andthe School of Law and Human Rights Centre, University of Essex,in collaboration with the United Nations High Commissioner for Refugees (UNHCR), and with support from Open Society Foundations.
This ground-breaking global resource builds on the Center for Gender & Refugee Studies’ pioneering practice advisory for US lawyers, and work is underway at the Kaldor Centre to produce country-level guidance for Australian decision-makers in the coming year.
A Spanish-language version is also available.
Estas Herramientas Prácticas brindan orientación sobre la aplicación del derecho internacional y regional de los refugiados y de los DDHH a solicitudes de protección vinculadas con el cambio climático y los desastres. Incluye principios legales, consideraciones clave y casos relevantes.
Este documento ofrece un resumen de Protección internacional para las personas desplazadas a través de fronteras en el contexto del cambio climático y los desastres: Herramientas prácticas. Presenta consideraciones clave y sirve como una guía de referencia rápida.
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In this 30-minute speed briefing, you will hear from authors ProfessorJane McAdamAO and DrTamara Wood, (°IJʹ Kaldor Centre for International Refugee Law) and DrMadeline Garlick (Chief of the Protection Policy and Legal Advice Sectionat UNHCR) for a quick overview of the Practical Toolkit, to guide lawyers and decision-makers faced with refugee claims involving the impacts of climate change or disasters.It explains when, why and how existing refugee and human rights law can protect people forced to leave their homes in situations where climate change or disasters play a role.