THE EVOLVING SOCIO-LEGAL LANDSCAPE OF CLIMATE MIGRATION

As the global weather disaster intensifies, thousands and thousands worldwide are being forcibly displaced due to environmental degradation, natural disasters, and resource scarcity exacerbated by climate change. However, the existing legal frameworks governing this rising phenomenon of climate-induced migration remain woefully inadequate and inconsistent across countries. This article delves into the complex socio-legal dimensions surrounding climate migration through the lens of human rights and climate justice.

It critically examines the enormous shortcomings of the 1951 Refugee Convention and its stringent definition of a “refugee,” which fails to account for those forced to leave their homelands due to climate-related factors. The article assesses how diverse countries have attempted to address this protection gap through piecemeal national legislation and judicial precedents, highlighting both challenges and opportunities in upholding the rights of climate migrants. Furthermore, it explores the intricate interaction of social, political, economic, and legal factors that shape and often obstruct comprehensive policy responses to climate migration. Particular attention is paid to how climate migrants frequently hail from impoverished, minority, and indigenous populations already grappling with intersecting vulnerabilities, which exacerbate the socio-economic and cultural impacts of displacement.

Ultimately, the article advocates for far-reaching legal reforms, including the development of a new multilateral convention to establish binding international norms governing climate migration. Such a framework should be grounded in principles of human rights, climate justice, state responsibility, and equity to uphold the dignity and fundamental rights of those displaced by climate change’s catastrophic effects.