'Climate refugees - The world's forgotten victims' an exploration of international refugee protection in the context of climate change related cross border displacement

Abstract

The increasing frequency and severity of climate change-induced events has led to greater cross-border population displacement. This has prompted the international community to explore refugee protection frameworks tailored to climate-related displacement. A landmark decision by the United Nations Human Rights Committee in Ioane Teitiota v New Zealand , emphasized the need to recognize climate-induced conditions as valid grounds for asylum. This seminal ruling opens the door for future claims and highlights the urgent need for a comprehensive international framework. Current refugee protection mechanisms, primarily designed for those fleeing persecution, do not adequately address the unique challenges faced by ‘climate refugees’. Emerging frameworks aim to bridge this gap by integrating climate change considerations into existing legal instruments and developing new policies to safeguard the rights and safety of displaced individuals. However, challenges persist, including achieving consensus among states, defining legal terms clearly, and establishing robust support systems. This study explores the gaps in the existing international framework in protecting climate refugees. It examines whether the existing refugee protection regime is broad enough to encompass climate refugees and how it has been applied in the Africa region in response to climate related displacement. It also offers key recommendations to address the plight of this vulnerable group. Ultimately, the study aims to assess the current state of international refugee protection in the context of climate change and underscore the critical legal gap that must be urgently addressed by the international community to uphold the rights of those displaced by climate-related events.