1. Environmental „refugees”
By: Száva Adél Tar

2. Definition of Refugee VS Environmental Refugee
REFUGEE: „well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”
1985, Essam El-Hinnawi, UNEP – Env. Refugee
those people who have been forced to leave their traditional habitat, temporarily or permanently, because of a marked environmental disruption (natural and/or triggered by people) that jeopardized their existence and/ or seriously affected the quality of their life
OECD – Env. Refugee
a person displaced owing to environmental causes, notably land loss and degradation, and natural disaster

4. Permanent or temporary refugees
disasters strike and leave areas destroyed and virtually uninhabitable.
some, such as floods or wildfires may leave an area uninhabitable for a short while, but the area regenerates with the only risk being a similar event taking place again.
others, like long-term drought can allow people to return to an area but don’t offer the same opportunity for regeneration and can leave people without an opportunity for re-growth.
In the situations where areas are uninhabitable or re-growth is not possible, individuals are forced to permanently relocate. If this can be done within one’s own country, that government remains responsible for the individuals, but when environmental havoc is wreaked on an entire country, the individuals leaving the country become environmental refugees

5. Typologies and the arising difficulties
El-Hinnawi (1985) and Jacobson (1988):
1. temporary displacement due to temporary environmental stress
2. permanent displacement due to permanent environmental change
3. temporary or permanent displacement due to progressive degradation of the resource base
Int.Org. For Migration/RPG (1992)
1. emergency vs slow-onset movements
2. temporary, extended and permanent movements
3. internal and international movements

6. Cont. Suhrke (1993): Trolldalen (1992)
1. Migration stimulated by deforestation, rising sea levels, desertification and drought, land degradation, and water and air degradation
2. identifying environmental pressure points at which the combination of such factors establishes a susceptibility towards environmental migration
Trolldalen (1992)
1. natural disasters
2. degradation of land resources
3. involuntary resettlement
4. industrial accidents
5. aftermath of war
6. climatic changes

7. Some data
Weather related hazards, particularly floods and storms, trigger most of the displacement induced by rapid on-set disasters annually. In 2013, such events triggered the displacement of 20.7 million people
Weather related hazards displaced an average of 27 million people each year, with a low of 13.8 million in 2008, and a peak of 38.3 million in 2010
Due to the lifestyle the MDCs are living, climatic conditions are only expected to gradually worsen, drastically
Ozone layer depletion, rising sea levels, degrading biodiversity, deforestation, desertification, etc
No. Of these „refugees” are thus expected to rise  what next?

13. International REFUGEE LAW
Based on the1951 Geneva Convention, the 1967 New York Protocol and customary international law
This law only includes persons who fit these three basic characteristics:
They are outside their country of origin or outside the country of their formal habitual residence
They are unable or unwilling to avail themselves of the protection of that country owing to a well-founded fear of being persecuted
The persecution feared is based on at least one of five grounds: race, religion, nationality, membership of a particular social group, or political opinion
Since environmental refugees do not fit these characteristics, they are not guaranteed asylum, in fact they are not even classified as „refugees” officially, rather thay are considered to be IDPs, asylum seekers
The Environmental Justice Foundation: argues that people who will be forced due to climate change have no adequate recognition in international law

14. So what next?
Many scientists, lawyers, and professors argue that the matter of recognizing these people as refugees is increasingly become urgent due to the climate changes we are facing
Is their recognition as IDPs sufficient? Among the people, generally, and also as their name suggests, people commonly associate them with refugees – so why can’t they be those then?

15. UNHCR REFORM INITIATIVE
In 2005, the United Nations initiated a programme of humanitarian reform, based on a recognition that responses to complex emergencies and disasters often failed to meet the needs of IDPs and other affected populations in a timely and consistent manner.
The humanitarian reform initiative includes a number of measures to address this situation, including increasing the availability of resources for humanitarian operations, broadening the partnership base with NGOs, strengthening the leadership of Humanitarian Coordinators, and agreeing on a division of labour known as the “cluster approach” to respond to humanitarian emergencies

16. UNHCR REFORM INITIATIVE
UNHCR is committed to the cluster approach and to the task of establishing an enhanced response to the needs of IDPs, and is determined to exercise effectively the responsibilities which it has assumed in relation to such populations. The Office has a number of important assets at its disposal in meeting these commitments. These include:
The legitimacy and moral authority that derive from the status of the Office within the United Nations;
The Executive Committee and General Assembly’s consistent support for UNHCR’s role in providing protection and humanitarian assistance to IDPs;
The close working relationship that the Office has established with states, and with international, regional and non-governmental organizations in every part of the world;
The expertise, competence and capacity that UNHCR has developed in protecting and finding solutions for

17. Unhcr idp framework
To guide UNHCR’s evolving role in relation to the issue of internal displacement, the Office has established a policy framework which consists of eight principles:
Scope and nature of involvement
State responsibility
Partnerships
Protection and human rights
IDPs and refugees
Resolving situations of internal displacement
Age, gender and diversity mainstreaming
Community based approach

18. IASC OPERATIONAL GUIDELINES (2011)
On the protection of persons in situations of natural disasters
IASC OPERATIONAL GUIDELINES (2011)

19. How do natural disasters affect human rights?
Lack of safety
Gender-based violence
Unequal access to assisstance
Abuse, neglect and exploitation of children
Family separation
Loss/destruction of personal documentation and difficulties to replace it
Inadequate law enforcement mechanisms
Unequal access to employment and livelihood opportunities
Forced relocation
Unsafe of involuntary return/resettlement of persons displaced
Lack of property restitution and access to land

20. General guarantees for those affected by Natural disasters
Should be recognized and treated as persons entitled to enjoy the same rights and freedoms under IHRL as others in their country and not to be discriminated on any basis
Should be provided with easily accessible information in a language they understand, concerning the nature and level of disaster they are facing, the measures that can be taken, ongoing and planned humanitarian assistance and their rights under int. and domestic law
Should be informed on measures taken on their behalf and given the opportunity to take charge of their own affaires to the max extent and as early as possible
Should be entitled to and supported in claiming and exercising their rights and provided with effective remedies in case of violations
The human rights of those affected and the impact of humanitarian activities on these rights should be regularly monitored

21. Cont.
In all decisions and actions concerning children, the best interest of the child should be the primary consideration
Those who have been ordered/forced to flee/leave their homes/habitual residences, or who have been evacuated as a result of a natural disaster or its effects, or were obliged/forced to leave in order to avoid them and have not crossed an internationally recognised State border are IDPs in accordance with the 1998 Guiding Principles on Internal Displacement, and should be treated accordingly
The human rights of those affected and the impact of humanitarian activities on these rights should be regularly monitored
Protection activities should be undertaken and prioritized on the basis of identified needs of affected persons
Protection activities should be carried out in a manner that respects the cultural sensitivities

22. Role of states and other actors contributing to the humanitarian response
Primary duty and responsibility to provide assistance and protection to those affected by natural disasters – in doing so, they are to respect their rights, protect them from being violated by private actors as well as from dangers arising from the disaster
Int. humanitarian orgs, agencies, NGOs contribute by:
Offering their services, when and to the extent that the authorities concerned are unable/unwilling to provide assistance
Accepting that human rights underpin humanitarian action
Being guided by the Operational Guidelines in their activites
Carrying out their activities in accordance with the principles of humanity, independence, impartiality, neutrality
Remaining accountable to all relevant stakeholders
All relevant hum. actors should ensure coordination of their protection activities
Hum. assistance should not be used for purposes other than humanitarian

23. Sources
And further sent PDFs

24. Thank you for your kind attention!