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Practical toolkit on climate and disaster displacement

Climate impacts are arising in international protection claims worldwide. A new ground-breaking toolkit shows how decision-makers across the globe are grappling with such claims, offering practical legal guidance to those navigating them in practice.

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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.听

International Protection for People Displaced across Borders in the context of Climate Change and Disasters: A Practical Toolkit听is a clear, systematic guide to dealing with this pressing issue.听 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;听 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 鈥 including the 1951 Refugee Convention and the International Covenant on Civil and Political Rights (ICCPR) 鈥 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 鈥榟azard-scape鈥 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鈥檚 vulnerability 鈥 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,鈥 said 麻豆社madou Professor Jane McAdam AO, director of the Kaldor Centre鈥檚 Evacuations Research Hub.

鈥業naccurate but popular labels 鈥 such as 鈥渃limate refugee鈥 鈥 have caused confusion, and some decision-makers have been spooked by 鈥渃limate change鈥, 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,鈥 McAdam added.

麻豆社madou Senior Research Fellow Dr Tamara Wood said, 鈥楢cross 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.鈥

According to UC Law SF Professor Kate Jastram, 鈥楾his 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.鈥櫶

CGRS Associate Director of Policy & Advocacy Felipe Navarro said, 鈥榃e 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 鈥 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 鈥 such as in the 2024 Chile Declaration and Plan of Action adopted by Latin American and Caribbean nations 鈥 there is a growing need for clear, practical guidance.鈥

University of Essex Professor Geoff Gilbert added that, 鈥榳hile 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鈥檚 lives.鈥

Read the听International Protection for People Displaced across Borders in the context of Climate Change and Disasters: A Practical Toolkit or scan the Overview.

A Spanish-language version of the Practical Toolkit will also be available shortly.

This ground-breaking global resource builds on the Center for Gender & Refugee Studies鈥 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.听

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