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Picture from the article: NIST School/Flickr
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Climate
change and environmental degradation will likely displace millions of
people in the coming years, either directly or indirectly. Although today’s
international legal framework provides a degree of protection to certain
environmental migrants, major gaps in the framework often prevent recognition
of their vulnerability and endanger their rights.
One major problem is that there is little consensus on
the definition of environmental migrants, in large part because it is difficult
to ascertain the influence of environmental factors, such as degradation and
climate change, on migration. In the absence of a precise definition, ambiguity
about the legal rights of migrants and the responsibilities of governments and
international organizations lead to difficulties in implementing
solutions.
This issue in brief emphasizes the need to defend the
rights of migrants whose movement is induced by environmental degradation or
climate change, particularly in the highly vulnerable Asia-Pacific region, by
pursuing an integrated approach to climate change that incorporates
rights-based strategies. The brief evaluates the current human rights
framework; identifies gaps both in the legal framework and in implementation;
and then reviews different legal options available to the international
community. Finally, the brief makes recommendations on how to strengthen the “soft
law” approach as an interim step before there is broad global consensus on a
possible binding framework to protect the rights of environmental migrants.
