Protecting Environmental Migrants: Recent Findings from the UNU-EHS Summer Academy Michèle Morel PhD Fellow Research Foundation Flanders (FWO) Ghent University, Faculty of Law Department of Public International Law 13-17 September 2010 2010 Colloquium of the IUCN Academy of Environmental Law Gent, Belgium

UNU-EHS & MRF Summer Academy July 2010 United Nations University Institute for Environment and Human Security Developing policy recommendations for the protection of environmental migrants Michèle Morel, Ghent University - Belgium

Schloss Hohenkammer Michèle Morel, Ghent University - Belgium

Context Global environmental change (climate change & biodiversity loss) forced migration Growing attention Prevention and Remedy - - - - - Adaptation and Protection Michèle Morel, Ghent University - Belgium

ADAPTATION PROTECTION (SUB)REGIONAL ADAPTATION FRAMEWORK Relieving migratory pressures STAY OF DEPORTATION Non-return based on existing law TEMPORARY RELOCATION STATUS (TRS) New migration category Decriminalizing migration as coping strategy (CIRCULAR) LABOUR MIGRATION Migrants as agents of change Supporting voluntary migration to reduce forced migration NEW RIGHTS-BASED FRAMEWORK New entitlement to residence Michèle Morel, Ghent University - Belgium

ADAPTATION PROTECTION (SUB)REGIONAL ADAPTATION FRAMEWORK Relieving migratory pressures STAY OF DEPORTATION Non-return based on existing law TEMPORARY RELOCATION STATUS (TRS) New migration category Decriminalizing migration as coping strategy (CIRCULAR) LABOUR MIGRATION Migrants as agents of change Supporting voluntary migration to reduce forced migration NEW RIGHTS-BASED FRAMEWORK New entitlement to residence Michèle Morel, Ghent University - Belgium

(SUB)REGIONAL ADAPTATION FRAMEWORK Allocation of adaptation funding for regional projects Encourages co-operation amongst countries For environmental and other projects addressing root causes of forced migration Enables people to stay rather than migrate Mitigates potential conflict Could include regional migration schemes if necessary Michèle Morel, Ghent University - Belgium

ADAPTATION PROTECTION (SUB)REGIONAL ADAPTATION FRAMEWORK Relieving migratory pressures STAY OF DEPORTATION Non-return based on existing law TEMPORARY RELOCATION STATUS (TRS) New migration category Decriminalizing migration as coping strategy (CIRCULAR) LABOUR MIGRATION Migrants as agents of change Supporting voluntary migration to reduce forced migration NEW RIGHTS-BASED FRAMEWORK New entitlement to residence Michèle Morel, Ghent University - Belgium

(CIRCULAR) LABOUR MIGRATION Migration as positive strategy >< last resort Through bilateral or regional agreement Both for rapid onset and slow onset environmental change Based on vulnerability assessment Host country must be in need of labour forces – migration management Co-development is vital – win/win/win For select individuals, not entire communities Education/training component; return incentives EXAMPLE: Spain-Colombia – replicability? Michèle Morel, Ghent University - Belgium

ADAPTATION PROTECTION (SUB)REGIONAL ADAPTATION FRAMEWORK Relieving migratory pressures STAY OF DEPORTATION Non-return based on existing law TEMPORARY RELOCATION STATUS (TRS) New migration category Decriminalizing migration as coping strategy (CIRCULAR) LABOUR MIGRATION Migrants as agents of change Supporting voluntary migration to reduce forced migration NEW RIGHTS-BASED FRAMEWORK New entitlement to residence Michèle Morel, Ghent University - Belgium

Founded in existing human rights principles No new legal instrument STAY OF DEPORTATION Founded in existing human rights principles No new legal instrument Based on survival criteria For both rapid onset and slow onset environmental change Provided at national level Provides legal status and rights Michèle Morel, Ghent University - Belgium

ADAPTATION PROTECTION (SUB)REGIONAL ADAPTATION FRAMEWORK Relieving migratory pressures STAY OF DEPORTATION Non-return based on existing law TEMPORARY RELOCATION STATUS (TRS) New migration category Decriminalizing migration as coping strategy (CIRCULAR) LABOUR MIGRATION Migrants as agents of change Supporting voluntary migration to reduce forced migration NEW RIGHTS-BASED FRAMEWORK New entitlement to residence Michèle Morel, Ghent University - Belgium

NEW RIGHTS-BASED FRAMEWORK Asylum-like New legal instrument Entitlement based on severe environmental disaster events For both rapid onset and slow onset environmental change Through international or regional frameworks Only if no internal flight alternative Only if unwilling or unable home government Application in home country or at border of host country Provides legal status and rights Michèle Morel, Ghent University - Belgium

ADAPTATION PROTECTION (SUB)REGIONAL ADAPTATION FRAMEWORK Relieving migratory pressures STAY OF DEPORTATION Non-return based on existing law TEMPORARY RELOCATION STATUS (TRS) New migration category Decriminalizing migration as coping strategy (CIRCULAR) LABOUR MIGRATION Migrants as agents of change Supporting voluntary migration to reduce forced migration NEW RIGHTS-BASED FRAMEWORK New entitlement to residence Michèle Morel, Ghent University - Belgium

TEMPORARY RELOCATION STATUS (TRS) Based on national vulnerability assessments Regulates irregular migration Not necessarily linked to labour Provides legal status and (limited?) rights For people facing impending crisis, but not absolute disaster level Application in home country Provided at national level – migration management Quota-based Michèle Morel, Ghent University - Belgium

Conclusion Michèle Morel, Ghent University - Belgium

Michèle Morel, Ghent University - Belgium