climate change where to place the displaced? sonia caton coordinator/principal solicitor refugee and...

Climate ChangeClimate Change

Where to Place the Displaced?Where to Place the Displaced?

Sonia Caton Sonia Caton Coordinator/Principal SolicitorCoordinator/Principal Solicitor

Refugee and Immigration Legal Refugee and Immigration Legal Service (RAILS)Service (RAILS)

RAILS 2008RAILS 2008

Low Lying Areas at High RiskLow Lying Areas at High Risk

Last year Bangladesh devastated by Last year Bangladesh devastated by Cyclone SidrCyclone Sidr

Cyclone Nigris devastated the Cyclone Nigris devastated the Irrawaddy Delta in BurmaIrrawaddy Delta in Burma

Tuvalu/Carteret Islands likely to be Tuvalu/Carteret Islands likely to be submerged within 15 yearssubmerged within 15 years

Climate change occurring faster than Climate change occurring faster than any other time in history – challenge any other time in history – challenge to adapt fasterto adapt faster


Global ContextGlobal Context

• World population growth about 80 World population growth about 80 million/year. million/year.

• About 98% of growth in ‘developing’ About 98% of growth in ‘developing’ world world

• In next 30 years Asia’s population will In next 30 years Asia’s population will increase by over 1 billion. increase by over 1 billion.


TODAYTODAY

10 million refugees 10 million refugees

25 million internally displaced 25 million internally displaced people from conflict people from conflict

25 million ‘IDP’s from natural 25 million ‘IDP’s from natural disasterdisaster

20 million children are refugees or 20 million children are refugees or IDP’sIDP’s - - UNHCRUNHCR


Projected numbers of Climate Projected numbers of Climate ‘Refugees’‘Refugees’

At risk due to sea level rise – 162 to 250 million by 2050 ((Meyer 2002, pp 609&611 quoted in Meyer 2002, pp 609&611 quoted in

Biermann and Boas 2007, pp 9-10.)Biermann and Boas 2007, pp 9-10.)

Climate refugees from Bangladesh alone will outnumber all current refugees worldwide


Australian migration, an update:Australian migration, an update:

- - Source countries for migration intakeSource countries for migration intake

- Migration intake levels- Migration intake levels


2006 - 2007 Arrivals = 140,1482006 - 2007 Arrivals = 140,148

NEW ZEALAND 23906NEW ZEALAND 23906

UNITED KINGDOM 23223UNITED KINGDOM 23223

INDIA 13496INDIA 13496

CHINA CHINA 12009 12009

PHILIPPEANS PHILIPPEANS 5561 5561

SOUTH AFRICA SOUTH AFRICA 3996 3996

VIETNAM VIETNAM 3135 3135

MALAYSIA 2899MALAYSIA 2899

SRI LANKA SRI LANKA 2721 2721

SUDAN SUDAN 2513 2513


2008-09 Migration Program2008-09 Migration Program

Total Intake - 190,300Total Intake - 190,300

SkilledSkilled - 133,500 places - 133,500 places

Generally young, have recognised work skills and speak Generally young, have recognised work skills and speak English well.English well.

FamilyFamily - 56,500 places - 56,500 places

Sponsored spouses, fiancées, natural and adopted Sponsored spouses, fiancées, natural and adopted dependent, children, parents, last remaining relatives, dependent, children, parents, last remaining relatives, carers etc. carers etc.


Refugee Refugee - 6,400 places- 6,400 places

People outside country of origin. People outside country of origin.

Proven well-founded fear of persecution.Proven well-founded fear of persecution.

Special Humanitarian ProgramSpecial Humanitarian Program - - 7,000 places7,000 places

Drawn equally from Africa, Middle East and Asia. Drawn equally from Africa, Middle East and Asia. Outside of country of origin, suffered human rights Outside of country of origin, suffered human rights abuses. abuses.

Must be proposed by Australian Perm. Must be proposed by Australian Perm. Resident / citizenResident / citizen


2006-07 Refugee and Humanitarian 2006-07 Refugee and Humanitarian ProgramProgram

13,017 visas granted13,017 visas granted

–11,186 Off-shore11,186 Off-shore

–1,831 On-shore1,831 On-shore

Top 10 countries of originTop 10 countries of originSudan, Iraq, Afghanistan, Sudan, Iraq, Afghanistan,

Burma, Burundi, CongoBurma, Burundi, Congo

Liberia, Sierra Leone, Liberia, Sierra Leone,

Eritrea, Iran.Eritrea, Iran.


FACTFACT

7% of Australians have7% of Australians have

now either been throughnow either been through

the refugee experiencethe refugee experience

or have a parent oror have a parent or

grandparent who has.grandparent who has.


Settlement success can depend on:Settlement success can depend on:

Degree of similarity between original and new Degree of similarity between original and new cultureculture

- Preparation prior to arrival- Preparation prior to arrival

- Age and educational level- Age and educational level

-- AttitudesAttitudes


Courier Mail 18 August 2007


Our Obligations?Our Obligations?

Refugee Refugee Article 1A Refugee Convention 1951Article 1A Refugee Convention 1951

Well founded fear of persecutionWell founded fear of persecution

•race, race,

•religion, religion,

•nationality, nationality,

•social group social group

•political opinionpolitical opinion

Outside the country of nationalityOutside the country of nationality

•unable or, owing to fear unable or, owing to fear

•unwilling to avail themself of the protection of that unwilling to avail themself of the protection of that country; country;


UN Framework Convention on UN Framework Convention on Climate Change (RIO 1992)Climate Change (RIO 1992)

All Parties shall All Parties shall “Take climate change “Take climate change considerations into account to the extent considerations into account to the extent feasible, in their relevant social, economic feasible, in their relevant social, economic and environmental policies and actions…”and environmental policies and actions…”Article 4.1(f)Article 4.1(f)

And Article 4.4 And Article 4.4 “The developed country Parties “The developed country Parties and other developed Parties…..shall also and other developed Parties…..shall also assist the developing country Parties that assist the developing country Parties that are particularly vulnerable to the adverse are particularly vulnerable to the adverse effects of climate change in meeting costs effects of climate change in meeting costs of adaptation to those adverse effects”of adaptation to those adverse effects”


Protection of the environment and environmental Protection of the environment and environmental law linked to numerous human rights. law linked to numerous human rights.

2007, the Inuit lodged a claim with the Inter-2007, the Inuit lodged a claim with the Inter-American Commission on Human Rights in which American Commission on Human Rights in which they say the impacts of global warming caused they say the impacts of global warming caused by “acts and omissions of the US”, has violated by “acts and omissions of the US”, has violated their fundamental human rights.their fundamental human rights. Dr Jane McAdam Dr Jane McAdam

Loss of ice equates to loss of habitat, means of Loss of ice equates to loss of habitat, means of subsistence, culture. subsistence, culture.


Some Rights in UN ConventionsSome Rights in UN Conventions Right to life – Art. 3 UDHR and Art. 6(1) ICCPRRight to life – Art. 3 UDHR and Art. 6(1) ICCPR Right to culture – 2007 UNDRIP Right to culture – 2007 UNDRIP Right not to be subjected to cruel, inhuman or degrading Right not to be subjected to cruel, inhuman or degrading

treatment – ICCPRtreatment – ICCPR Right to an adequate standard of living – Art. 11(1) ICESCRRight to an adequate standard of living – Art. 11(1) ICESCR Right not to be deprived of means of subsistenceRight not to be deprived of means of subsistence Right to enjoyment of the highest attainable standard of Right to enjoyment of the highest attainable standard of

physical and mental health – Art. 12a ICESCR, Art 25 UDHRphysical and mental health – Art. 12a ICESCR, Art 25 UDHR

Human rights tribunals - 'the use and enjoyment of the land Human rights tribunals - 'the use and enjoyment of the land and its resources are integral components of the physical and its resources are integral components of the physical and cultural survival of the indigenous communities'.and cultural survival of the indigenous communities'. Source Source Dr Jane McAdamDr Jane McAdam


UN Conventions only binding on countries that are UN Conventions only binding on countries that are signatories and have ratified themsignatories and have ratified them

UN Conventions do not contain enforcement UN Conventions do not contain enforcement mechanisms. Reporting and Special Rapporteur role; mechanisms. Reporting and Special Rapporteur role; moral judgement of international community.moral judgement of international community.

UN Convention against Torture and Other Cruel, Inhuman or UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or PunishmentDegrading Treatment or Punishment

International Covenant on Economic, Social and Cultural International Covenant on Economic, Social and Cultural RightsRights

International Covenant on Civil and Political RightsInternational Covenant on Civil and Political Rights

UN Convention on BiodiversityUN Convention on Biodiversity


Protection for Climate Protection for Climate ‘Refugees’?‘Refugees’?

No legal protection as yetNo legal protection as yet

Responsibility largely falls to home Responsibility largely falls to home countriescountries

Emissions per capita (climate change Emissions per capita (climate change causation) very high from a selected few causation) very high from a selected few wealthy countries – moral linkwealthy countries – moral link


TensionsTensions

Governments and humanitarian Governments and humanitarian organizations are revisiting the organizations are revisiting the meaning of ‘refugee’ meaning of ‘refugee’

Is an internally displaced person or Is an internally displaced person or someone outside their country due to someone outside their country due to environmental factors a ‘refugee’?environmental factors a ‘refugee’?


United Nations High Commissioner for United Nations High Commissioner for Refugees (UNHCR) Refugees (UNHCR) increasingly increasingly assisting ‘IDP’s yet not mandated for assisting ‘IDP’s yet not mandated for this.this.

•Preferred solutions for refugees:Preferred solutions for refugees: •repatriation as soon as possible; repatriation as soon as possible; •integration in the country of first integration in the country of first asylum;asylum;•resettlement in a third country.resettlement in a third country.


Waiting for repatriation, Waiting for repatriation, integration or resettlement often integration or resettlement often means living for decades in means living for decades in unsanitary camps / detention unsanitary camps / detention centerscenters


Proposed Labor Policy Proposed Labor Policy (Extract)(Extract)

““Australia should..accept climate Australia should..accept climate change refugees as part of our change refugees as part of our humanitarian immigration program”.humanitarian immigration program”.

““Australia should..ensure appropriate Australia should..ensure appropriate recognition of climate change recognition of climate change refugees in existing Conventions, or refugees in existing Conventions, or through the establishment of a new through the establishment of a new convention on climate change convention on climate change refugees.” refugees.” p. 10 ‘Our Drowning Neighbours’ ALP Policy p. 10 ‘Our Drowning Neighbours’ ALP Policy Discussion paper 2006Discussion paper 2006


Endorsed Labor PolicyEndorsed Labor Policy no mention of ‘refugee’ or ‘displaced’no mention of ‘refugee’ or ‘displaced’

Develop Pacific Climate Change Develop Pacific Climate Change StrategyStrategy

Assistance with Assistance with intra-countryintra-country evacuations; evacuations;

Establish Pacific Climate Change Establish Pacific Climate Change Alliance;Alliance;

Establish Pacific Climate CentreEstablish Pacific Climate Centrep4 Federal Labors Plan for International Development and Climate Change 24 July 2007p4 Federal Labors Plan for International Development and Climate Change 24 July 2007


Past GovernmentPast Government

At Senate Estimates committee At Senate Estimates committee hearings (Nov ‘06, Feb ‘ 07, May ‘07) hearings (Nov ‘06, Feb ‘ 07, May ‘07) the Department of Immigration and the Department of Immigration and Citizenship admitted they had not Citizenship admitted they had not conducted any research into the conducted any research into the likely migration impact of climate likely migration impact of climate change and would manage any such change and would manage any such need on an ad hoc basis.need on an ad hoc basis.

Website of Senator Kerry Nettle 2008


What is present Govt. doing?What is present Govt. doing?28 May28 May 2008, 2008, Senate Estimates CommitteeSenate Estimates Committee

Senator NETTLE-I want to ask another general question in Senator NETTLE-I want to ask another general question in relation to climate refugees: is there any update to give the relation to climate refugees: is there any update to give the committee on the work that the department or thecommittee on the work that the department or thegovernment are doing on the issue?government are doing on the issue?

Senator Chris Evans-Apparently Mr Hughes is the world Senator Chris Evans-Apparently Mr Hughes is the world expert.expert.

Mr Hughes-I will not claim to be that, but we have had Mr Hughes-I will not claim to be that, but we have had discussions on this in the past. I think one issue indiscussions on this in the past. I think one issue inanother portfolio that you are probably aware of, Senator another portfolio that you are probably aware of, Senator Nettle, is Nettle, is government commitment to funding for thegovernment commitment to funding for thePacific climate change strategyPacific climate change strategy, which is not through this , which is not through this portfolio. The one new thing I can add to what I saidportfolio. The one new thing I can add to what I said


to you in February is that, through the Commonwealth-state to you in February is that, through the Commonwealth-state officials process for immigration and multicultural affairs, officials process for immigration and multicultural affairs, there has been there has been agreement to a research project toagreement to a research project todo a literature survey on literature relating to climate do a literature survey on literature relating to climate change and displacement of people in the Pacific. Wechange and displacement of people in the Pacific. Weexpect that to be completed throughout this year.expect that to be completed throughout this year.

Senator NETTLE-Who is involved in doing that?Senator NETTLE-Who is involved in doing that?

Mr Hughes-The Commonwealth-State officials and ministers Mr Hughes-The Commonwealth-State officials and ministers process for immigration and multicultural affairs has a small process for immigration and multicultural affairs has a small joint research capacity, where there is a smalljoint research capacity, where there is a smallprogram of research usually agreed to every year. I am not program of research usually agreed to every year. I am not quite sure precisely how we will implement the decisionquite sure precisely how we will implement the decisionto do it, but I think primarily it will be done by officers of our to do it, but I think primarily it will be done by officers of our department in conjunction with interested statesdepartment in conjunction with interested statesand territories.and territories.


Senator Chris Evans- Can I indicate thatSenator Chris Evans- Can I indicate that the question of the question of climate change and climate refugees is on the agenda for climate change and climate refugees is on the agenda for our ministerial council meeting on 4 July. Obviously all theour ministerial council meeting on 4 July. Obviously all thestates are represented, but also New Zealand is attending. states are represented, but also New Zealand is attending. So there is some interest in that area, and it will be So there is some interest in that area, and it will be considered as part of that meeting as wellconsidered as part of that meeting as well..

Senator NETTLE-That was immigration ministers?Senator NETTLE-That was immigration ministers?

Senator Chris Evans-They are more multicultural affairs Senator Chris Evans-They are more multicultural affairs ministers in other states that have immigration ministers in other states that have immigration responsibility. The New Zealand representative will bring responsibility. The New Zealand representative will bring with him immigration responsibilities, but the statewith him immigration responsibilities, but the stateministers are generally responsible for multicultural affairs; ministers are generally responsible for multicultural affairs; those interested in settlement and those sorts of issues.those interested in settlement and those sorts of issues.


NZ ApproachNZ Approach

The Pacific Access Category (PAC) The Pacific Access Category (PAC) introduced in July 2002. introduced in July 2002.

Offers permanent residence.Offers permanent residence.

75 residents from Tuvalu and Kiribati 75 residents from Tuvalu and Kiribati each and 350 from Tongaeach and 350 from Tonga

Selected each year by ballotSelected each year by ballot


PAC ShortfallsPAC Shortfalls No acknowledgement that originated as a No acknowledgement that originated as a

response to displacement by climate changeresponse to displacement by climate change

Must be between 18 and 45; Must be between 18 and 45;

offer of full-time employment; offer of full-time employment;

minimum level of English; minimum level of English;

minimum income requirement if have a minimum income requirement if have a dependant; dependant;

meet certain health and character criteriameet certain health and character criteria


Ballots not filledBallots not filled The elderly, young, sickly and poor don’t The elderly, young, sickly and poor don’t

qualify as primary applicants.qualify as primary applicants.

Acceptable offer of employment = Acceptable offer of employment = “permanent, full-time, genuine, and paid by “permanent, full-time, genuine, and paid by a salary or wages”.a salary or wages”.

Training not available on some islands.Training not available on some islands.

Difficult to find offer of permanent full-time Difficult to find offer of permanent full-time employment.employment.


The Way ForwardThe Way Forward

As yet no consensus definition of As yet no consensus definition of ‘Climate refugees’‘Climate refugees’

Australia ideally placed to lead the Australia ideally placed to lead the way in constructing an international way in constructing an international burden sharing arrangement that burden sharing arrangement that provides for displaced people both provides for displaced people both within and across national borders. within and across national borders.


An alternative solution? An alternative solution?

A UN Protocol on Recognition, A UN Protocol on Recognition, Protection and Resettlement of Protection and Resettlement of Climate Refugees (Climate Refugee Climate Refugees (Climate Refugee Protocol) to the United Nations Protocol) to the United Nations Framework Convention on Climate Framework Convention on Climate Change? Change? (F. Biermann and I. Boas, 2007, p.26)(F. Biermann and I. Boas, 2007, p.26)


One Proposed Definition of climate One Proposed Definition of climate ‘refugee’‘refugee’

““People who have had to leave their People who have had to leave their habitats, immediately or in the near habitats, immediately or in the near future, because of sudden or gradual future, because of sudden or gradual alterations in their natural alterations in their natural environment related to at least one environment related to at least one of three impacts of climate of three impacts of climate change:sea-level rise, extreme change:sea-level rise, extreme weather events, drought and water weather events, drought and water scarcity” scarcity” (Biermann and Boas, 2007, p.8)(Biermann and Boas, 2007, p.8)


Australia - Migration Amendment (Climate Australia - Migration Amendment (Climate Refugees) Bill 2007Refugees) Bill 2007

Defined climate refugees as Defined climate refugees as ““displaced displaced persons due to environmental disaster that persons due to environmental disaster that results from both incremental and rapid results from both incremental and rapid ecological and climactic change and disruption ecological and climactic change and disruption that includes sea level rise, coastal erosion, that includes sea level rise, coastal erosion, desertification, collapsing ecosystems, fresh desertification, collapsing ecosystems, fresh water contamination, more frequent occurrence water contamination, more frequent occurrence of extreme weather events such as cyclones, of extreme weather events such as cyclones, tornados, flooding and drought; that mean tornados, flooding and drought; that mean inhabitants are unable to lead safe or sustainable inhabitants are unable to lead safe or sustainable lives in their immediate environment”.lives in their immediate environment”.


Bill gave Immigration Minister power to make a Bill gave Immigration Minister power to make a ‘‘climate change induced environmental climate change induced environmental disaster’disaster’ declarationdeclaration. .

Minister to consider the geographical scope of the Minister to consider the geographical scope of the disaster; possibilities for adaptation and the long-disaster; possibilities for adaptation and the long-term sustainability of the area; capacity of the term sustainability of the area; capacity of the country and neighbouring countries to absorbed country and neighbouring countries to absorbed displaced persons; other international efforts to displaced persons; other international efforts to assist.assist.

Could set the number of visas issued to people Could set the number of visas issued to people displaced by a declared disaster.displaced by a declared disaster.


ConclusionConclusion

Australia’s response to population Australia’s response to population displacement in the Asia-Pacific Region displacement in the Asia-Pacific Region through sea-level rise is incrementally through sea-level rise is incrementally progressing, but given urgency and progressing, but given urgency and complexity of the challenge, should there complexity of the challenge, should there be a dedicated agency coordinating a be a dedicated agency coordinating a multi-disciplinary/multi-national approach?multi-disciplinary/multi-national approach?

Australia has knowledge, experience, Australia has knowledge, experience, resources to take the regional lead. resources to take the regional lead.

There is strong moral argument that it There is strong moral argument that it should do so.should do so.

climate change where to place the displaced? sonia caton coordinator/principal solicitor refugee and...

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