Dozens of Mayors of Major U.S. Cities Have Asked President Biden to be Included in Climate Migration Study

30 April 2021 – by Evelyn Workman

The U.S. government is considering a plan to offer protection to people coming to the U.S. who have been displaced by drought, rising seas, or other consequences of climate change. Currently, no country offers any legal protections to people who have specifically been displaced due to the effects of climate change.

President Biden’s administration is studying this idea – the president issued an executive order in February ordering national security advisor, Jake Sullivan, to discuss with federal agencies how such protection could be created. A report on these discussions is due to be released in August. If the U.S. did define a climate refugee, it could mark a major shift in global refugee policies.

Last week, mayors across the U.S. signed a letter to President Biden requesting that the study “actively engage U.S. mayors and municipalities” throughout its progression. The letter was signed by mayors of major U.S. cities, including Los Angeles, New York City, San Diego, and Chicago. They argue they should be consulted on potential new climate migrant legislation as cities are due to receive most of the people who have been displaced. The letter’s organiser, Vittoria Zanuso, said cities want a role in helping Biden to protect climate migrants, and that any plan should address the relocation of Americans who have been fleeing climate change related disasters, such as forest fires.

Why Climate Migrants and Undocumented Essential Workers Shouldn’t Be Grouped Together

28 April 2021 – by Caroline Foley

With over 11 million undocumented immigrants in the United States (US), and the undebatable reality that they have been essential during the pandemic, President Biden has made immigration reform one of his administration’s top priorities. The statistics of undocumented people living in the US have featured in the headlines for quite some time. “We have to stop the flow first,” is the recurring reason given for failing to expand immigration law for the protection of those living in the shadows. The same reasoning was provided in dismissal of Biden’s immigration bill which was introduced in Congress.

Despite contentions that due to the new administration, the border is now ‘open’, the vast majority of migrants are still being turned away at the Southern border. Some politicians associate the increase of people at the border with Biden’s promise of legalization. However, the issue of legalization and a surge of migrants at the border should not be grouped together, because these groups of people are facing very different problems.

As of 2017, most undocumented immigrants have been living in the U.S. for an average of 15 years. They comprise part of the fabric of the American economy and well as society, as parents, community leaders, business owners, and essential workers. However, their humanity is undermined when they face discrimination from the very same society, when their rights as workers and individuals are violated, and when they live in constant fear of deportation.

On the other hand, a large proportion of recent migrants to the US from Central America are fleeing a lack of basic resources in their countries due to the effects of climate change. The use of law enforcement at the border does not address the lack of water and food being experienced in the ‘Dry Corridor’, or the destruction caused by Iota and Eta last year.  It would be beneficial to address this major root cause of migration, and to demilitarize the border and instead invest these funds into sustainability efforts in the US, and climate resilience in Central America. The US should be playing a role in funding the latter as a neighboring country that has very much impacted polices and climate change in Central America.

Climate Migrants

Experts predict that migration will continue to increase when natural disasters intensify as a result of climate change. Currently, approximately 8 million people suffer from food insecurity due to the effects of climate change in Central America, and during 2020, the region endured the formation of 30 cyclones which devastated many areas.

In Honduras specifically, hurricane Eta evolved from tropical depression to Category 4 hurricanes in less than 36 hours. Entire villages were destroyed and buried with mud. The impact of the storm is ongoing as many houses remain destroyed, and people remain unemployed after losing their jobs when plantations were destroyed. This is directly linked to the rise in the surface temperature of the sea.

To address the root cause of migration from neighboring countries, or the so-called “border crisis”, President Biden signed an executive order on February 4, 2021, dubbed ‘Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration’. In section 6 of the order, entitled ‘Climate Change and Migration’, the President ordered the submission of a report within 180 days on climate change and its effect on migration. Specifically, the report should include options for protection and resettlement of individuals displaced directly by climate change, how to identify these migrants, how the US can mitigate the negative impacts of climate change, and how to collaborate with other countries in doing so.

This is a first step in recognizing and addressing the complex situation at the US Southern border. Acknowledging that climate change is directly linked to the displacement of people arriving to the US should be followed by further action, for instance, an expansion of the definition of a ‘refugee’ to include climate migrants, or collaborative work with Central American governments to mitigate the effects of climate change, to which the US is a top contributor.

Undocumented and Essential Workers

It is crucial to humanize immigrants and acknowledge that people are more than a “crisis” that comes in “waves”. During the COVID-19 pandemic, it has been estimated that 5 million undocumented workers (or 3 in 4 undocumented immigrants in the workforce) are essential workers. They play a critical role the food chain as farmworkers and food processors, and working in health care as food servers and in nursing homes. As a result, a bill to provide permanent residence for over 5 million undocumented essential workers who played a role in the COVID-19 response has been introduced. The House of Representatives also passed the Farm Workforce Modernization Act to make temporary farm workers eligible to become permanent residents. These are some initial measures that benefit those immigrants who are not just living in, but contributing to American society.

The issues faced by immigrants living in the shadows in the U.S need to be addressed separately from those at the border. Though these issues are intertwined, the reality of the millions that are living undocumented in the US and alienated from the rest of society requires a solution that is geared towards integration. The evidence that undocumented immigrants have contributed to the coronavirus response and economic recovery shows that they consider the US to be their home, and are working alongside their neighbors in the best interest of recovery. We can no longer ignore just how essential undocumented workers are to their communities and the country at large. Holding them hostage in limbo because of an inability to deal with the root causes of migration is inhumane and immoral.


Caroline Miranda Foley is a law student at Western New England, Massachusetts. She has worked in immigration law for the past ten years and is passionate about access to justice, especially in the immigrant community. She has been an immigrant in the United States for over 15 years, and is very tied to the Brazilian and other Latino community where she resides. 

Intelligence Forecast Warns of a Turbulent Future Upended by Climate Change, Growing Divisions and Pandemics

21 April 2021 – by Evelyn Workman

A report released last week by U.S. intelligence officials predicts that factors such as climate change, the COVID-19 pandemic and growing inequality will lead to further unrest both in the U.S. and across the world. The Global Trends report is released every four years by the National Intelligence Council, and predicts “trends and uncertainties” the U.S. can expect over the next two decades.

The report forecasts that the next 20 years will be increasingly fragmented and turbulent. “Shared global challenges — including climate change, disease, financial crises, and technology disruptions — are likely to manifest more frequently and intensely in almost every region and country,” the report’s authors write. This will produce “widespread strains on states and societies as well as shocks that could be catastrophic.”

Increased rates of climate migration over the next two decades is also predicted in the report. This is a trend which has already been observed, particularly in rural populations which are increasingly migrating to urban settings due to struggles with framing in changing weather and climatic conditions.

In addition, the report also highlights that the COVID-19 pandemic has exposed the fragility of the world order, and has worsened global challenges including exposing disparities in healthcare, increasing inequality and highlighting failed international cooperation.

To See or Not to See, That is the Question

statues on top of building

20 April 2021 – by Flora Bensadon

Those driven from their homes by the climate crisis need to be welcomed, protected, promoted and integrated”– Pope Francis

On March 30th, 2021 the Migrants and Refugees (M&R) Section and the Dicastery for Promoting Integral Human Development released a booklet entitled “Pastoral Orientations on Climate Displaced Persons” (POCDP). It provides guidelines on how the Church will respond to migration caused by climate change, promoting solidarity between individuals and urging the international community to care for this crisis through immediate action. 

In the document’s preface, the Pope points out that displacement due to an uninhabitable environment might seem like a process of nature when it is in fact the result of “poor choices and destructive activity, selfishness and neglect.” The climate crisis we are now facing comes to no surprise as our environment has been decaying continuously since the start of the Industrial Revolution. While this crisis is a global one, the ones facing the most consequences are those who have contributed the least. Today, we witness the rapid acceleration of climate migration for which there needs to be immediate global responses. 

Come, let us talk this over. If you are ready to listen, we can still have a great future. But if you refuse to listen and to act, you will be devoured by the heat and the pollution, by droughts here and rising waters there” (cf. Isaiah 1:18-20) the Pope quotes. This message, although one of faith, strongly reflects how this crisis has been ignored by many players in the global community. It emphasizes the importance for those in power to listen and acknowledge the distressing position of climate migrants by taking necessary measures to mitigate its impact.

The POCDP begins with a general introduction on the climate crisis and how it plays a role in the displacement of many. It is then followed by nine steps that deal with the various aspects of climate migration. They are the following:

  1. Acknowledging the climate crisis and displacement nexus 
  2. Promoting awareness and outreach
  3. Providing alternatives to displacement
  4. Preparing people for displacement 
  5. Fostering inclusion and integration 
  6. Exercising a positive influence on policy-making
  7. Extending pastoral care
  8. Cooperating in strategic planning and action 
  9. Promoting professional training in integral ecology
  10. Fostering academic research of CCD (Climate Crisis and Displacement)

Local church leaders and congregations were asked to develop these guidelines, particularly those who witnessed first-hand climate-related incidents or displacement, such as archbishop Claudio Dalla Zuanna from Beira, Mozambique. In 2019, the city of Beira was critically hit by Cyclone Idai causing massive flooding, the destruction of 90 percent of its buildings and the displacement of hundreds of thousands of people. Having witnessed the emergency response to this natural disaster, the archbishop stated that it is not enough to solely resettle people. It is important to take additional measures by putting in place the conditions necessary to welcome climate migrants and to provide them with essential services.  

Between 2008 and 2018, 253.7 million people were displaced by climate disasters. The document states that in the first half of 2020 only, 9.8 million people were displaced because of droughts, floods and other climate-related events. The number of climate migrants is still growing and is expected to reach 200 million by 2050. With those numbers in mind, the Vatican’s policy guidelines offer possible ways to raise awareness on climate migration and promote the importance of conversations between governments and policy makers. The M&R Section also encourages churches around the world to welcome displaced people, offer support and integrate them within their new society. 

The POCDP is an important move towards a solution-based approach in the confrontation of the climate migration crisis. By calling for international help and action, the Catholic Church takes a stance in an important debate, which could bring positive changes to our current migration policies. While the primary message of this document relies on a message of faith, it extends a hand to climate migrants, making them feel seen and supported, a step most governments have not yet taken. 


Flora Bensadon is an Earth Refuge Archivist with a degree in History and International Development Degree from McGill University. Through her studies, her culturally diverse background and her travels, Flora has taken a profound interest in the problems of migration, specifically those of climate refugees.


References

Migrants & Refugees Section, Dicastery for Promoting Integral Human Development. Pastoral Orientations on Climate Displaced Persons. Migrants & Refugees, 2021. https://migrants-refugees.va/2021/03/30/pastoral-orientations-on-climate-displaced-people/

Wells, Christopher. Church offers guidelines for response to climate migration. Vatican News, 2021. https://www.vaticannews.va/en/vatican-city/news/2021-03/church-pastoral-orientations-response-climate-displaced-people.html

Parson, Thea. Vatican Releases Guidelines to Address Climate Displacement. Climate Refugees, 2021. https://www.climate-refugees.org/spotlight/2021/4/9/vatican

Brown, Oli. Migration and Climate Change. IOM International Organization for Migration, 2008. https://olibrown.org/wp-content/uploads/2019/01/2008-Migration-and-Climate-Change-IOM.pdf

Wooden, Cindy. Vatican calls for action to assist victims displaced by climate change. Grandin Media, 2021. https://grandinmedia.ca/vatican-calls-for-action-to-assist-victims-displaced-by-climate-change/
Giangravé, Claire. Vatican makes moral case for supporting people displaced by climate change. Religion News Service, 2021. https://religionnews.com/2021/03/30/vatican-makes-moral-case-for-supporting-people-displaced-by-climate-change/

Biden Budget Proposes $1.4 Billion For Environmental Justice

19 April 2021 – by Evelyn Workman

U.S. President Joe Biden has proposed $14 billion towards fighting climate change in the 2022 discretionary budget request, in order to help the administration reach their goal to decarbonise the economy by 2050.

$1.4 billion of the budget will go towards environmental justice initiatives – the largest amount ever to be invested in environmental justice in U.S. history. $936 million of the $1.4 billion will go towards the creation of an Acceleration Environmental Justice initiative within the Environmental Protection Agency (EPA) to create “good-paying union jobs, clean up pollution, and secure environmental justice for communities that have been left behind.”

Other boosts to environmental justice efforts in the budget include a proposed $400 million for a grant program in the Department of Housing and Urban Development which would help state and local governments reduce lead paint and other health hazards for low-income families. A further $100 million has been proposed towards developing a new community air quality monitoring and notification program to update data in areas with air pollution problems. 

Further reading:

https://news.bloomberglaw.com/environment-and-energy/biden-budget-seeks-1-4-billion-to-target-environmental-justice

https://www.reuters.com/article/usa-biden-budget-climate/update-2-biden-budgets-14-bln-hike-for-climate-includes-big-boosts-for-epa-science-idUSL1N2M21OY

Climate Adaptation Professional Rachel Jacobson on the American Society of Adaptation Professionals (ASAP) and Migration Projects

16 April 2021 – conducted by Earth Refuge Correspondent James Sedlak

In this episode, Rachel Jacobson discusses the American Society of Adaptation Professionals (ASAP)’s role in supporting and connecting climate adaptation professionals to advance innovation in the field, including the issue of climate migration for both migrating- and receiving-communities. She highlights some of ASAP’s ongoing work which includes a Climate Migration and Managed Retreat Group and applied research projects in the Great Lakes (USA) region to create methodologies for projecting human migration that integrate future climate projections and stakeholder perspectives in the region. For more information about ASAP’s projects, including how to become a member, please visit https://adaptationprofessionals.org/.

The Democratic Republic of Congo: Fetishization and Eco-Feminism

15 April 2021 – by Elias Nepa

INTRODUCTION

International responses to growing conflict in nations struggling to overcome the consequences of imperialism, capitalism, and neoliberal policy are hypocritical and hyperbolic at best, and deplorable at worst.

The provision of foreign aid in the Democratic Republic of Congo (DRC) is extended myopically. It securitizes sexual violence[i], lacks structures supportive of restitution, and fails to ameliorate the legitimate losses of community safety, institutional rights, and welfare post-conflict. In this essay, focus will be placed on two areas within DRC: international aid and its distribution and the implications for the community safety, human rights, and welfare of its citizens.

The provision of international aid in DRC focuses on addressing gender-specific threats, and gender-based violence in particular. This paper employs an intersectional eco-feminist approach to explore the issues of women’s experiences of education inequality, gender-based violence, and environmental injustice to explain why it is necessary to create multi-pronged approaches to mitigate sexual violence in DRC.

This work serves to clarify and underscore the lack of interconnectedness in the policies governing the provision of international aid with regard to education inequality, gender-based violence, and education inequality. In critically exposing the links and inequalities within and between the three, this work implores a policy direction that does not utilize a singular focus but rather encompasses these facets in tandem. In sum, this approach urges a view of the gender-based violence of women as a nodal point [ii] in which each of the aforementioned facets receives the appropriate and necessary support within a nexus of complex and intertwined – as opposed to independent – human rights issues.

BACKGROUND

Gender-based violence takes center-stage in the context of international aid, feminist thought, and conversation on equality. The effort to recognize gender-based violence, threats, and insecurities on an international scale has been thoroughly documented. Established as a war crime in 1919, rape was first tried in 1997. The trial of Jean Paul Akayesu was the first to prosecute rape as a war crime and act of genocide. His trial correlates with the emergence of indictments and trials of rape.[iii]

Hansen[iv] recognizes that the pursuit of rape-related indictments in the historical context of former Yugoslavia as an important step in the international codification of rape during wartime as a humanitarian problem during the early 1990’s. When the United Nations Security Council adopted resolution 1820 in 2008[v], it was celebrated as a success for the effort of feminists to place gender-based violence, gender specific insecurities, and threats women face on the international stage. Resolution 1820 explicitly recognizes sexual violence as a weapon of war and a threat to international peace and security.

However, this was not without significant effort from the academy. Sara Merger’s article on the Fetishization of Sexual Violence in International Security[vi] provides great insight on the feminist background and context of gender-based violence in international security. The feminist literature of international conflict-related sexual violence has understood and conceptualized two camps as explanatory variables within the context of gender inequality, military culture, and armed conflicts.[vii]

The ‘opportunistic’ camp asserts that conflict-related sexual violence stems from soldiers’ masculine identity and claim to power; soldiers will rape because they are men, or because they are soldiers, or because they are men and soldiers.[viii],[ix] The widely adopted ‘weapon of war’ perspective argues that conflict-related sexual violence is used strategically by combatants for specific objectives “such as accessing and extracting material resources or undermining enemy morale.”[x],[xi] As it stands now, sexual violence as a weapon of war is recognized in “at least 12 Security Council resolutions passed since 2000 rivaling nuclear and biological weapons, terrorism, arms proliferation for receiving the most attention among security actors.”[xii]

This securitization of sexual violence is seen as an accomplishment amongst feminists, which gives it incredible political value, and deliberately frames sexual violence as a commodified item similar to that of arms or biological weapons. However, it is arguable that this commodification enables a conceptual – and forceful – mutation of our understanding of sexual violence that obfuscates feminist values and understandings of sexual violence, the gendered hierarchies, dimensions, inequities that inform it, and ultimately obscures the structures, power dynamics, and social consequences that underpin everyday sexual violence. According to Merger, securitization effectively decontextualizes and homogenizes sexual violence, augments aid strategies, and creates a political economy of sexual violence. These unintended effects shamefully neglect the intersections of institutional inequality that perpetuate perpetration during conflict and under normal conditions. Little distinction is made between and amongst perpetrators of sexual violence, between and amongst victims, and between the purposes of sexual violence in this framework.[xiii]

In decontextualizing and homogenizing the experience of sexual violence to fit neatly into the securitization framework, incidences of gender-based violence are relieved of their unique contexts and heterogeneity. We must remember that gender-based violence is an interaction, that it is nourished by narratives that render causal connections unclear, and also presents a manipulation of power that can grow to become symbolic. In this paradigm, however, perpetrators in armed groups or civilians are seen as one and the same, victims are given aid as though their experiences are uniform and indivisible, and the causal explanations for sexual violence are relieved of their nuance and complexity.

In the context of this characterization, a “vast majority of aid funds for sexual violence in armed conflict are directed toward treating victims of rape with only about a quarter of international funding directed toward preventing sexual abuse.”[xiv]In fact, findings reveal some organizations received more aid than necessary to “treat victims of sexual abuse, while they lacked funding to implement other crucial projects”[xv]. Strikingly, “funding earmarked for conflict-related sexual violence is nearly double the budget for all security sector reform activities.”[xvi]Security sector reform activities can include environmental protections, institutional development, and protections of education since these are also women’s issues that are gendered and – as will be explored – at their confluence, have high rates of gendered violence. Unfortunately, current aid programs target sexual violence singularly and tend to neglect general forms of violence.[xvii],[xviii],[xix] Funds narrowly provide support for healthcare in response to gender violence but can be limited to emergency responses, and are predominantly appropriated for treating victims of rape, disregarding other forms of sexual harm.[xx]The potential lost in developing aid strategies that may address root causes of conflict and insecurity rather than just one of its symptoms is incredible. Today, we are seeing aid funds specifically directed toward conflict-related sexual violence at the expense of broader programs that could address the structural causes of this form of abuse, or the structural causes of violence more generally.

On the other hand, the skewed nature of aid and its foregrounding of sexual violence as a global security threat has enabled its perpetration, and encouraged an exploitation of the victimization narrative. Merger’s article highlights a few sources that note this problem. Autessere[xxi] finds that the disproportionate focus on conflict-related sexual violence in eastern DRC “raised the status of sexual abuse to an effective incentive and bargaining tool”, whereby armed groups employ sexual violence strategically to break down morale as well as to leverage sexual violence as symbol of strength and dominance. Rebel groups were motivated to engage in “gang rape” by the prospect of seeing their names in headlines, and the increased negotiating power this provided them. Eriksson Baaz and Stern[xxii] note how the international focus on sexual violence against women and girls contributed to “a process in which allegations of rape are perceived as, and become, a particularly effective bargaining, and ultimately quite effective income-earning strategy”. Douma and Hilhorst[xxiii] note individual women in DRC have exhibited “shopping behavior,” whereby they “exchange information on the organizations that offer most or free assistance and by consequence prefer to go there”. There are also reports of “women that admit that they had not been raped, but fabricated a story to obtain services they needed but were only available to rape victims”. Further, stories of community workers that “lure women into saying that they have been raped with the promises for material and financial assistance” prosper. Allegations of rape have “become increasingly entangled in disputes over land, income and property”.[xxiv] Merger describes the confluence of these interactions as a political economy that situates a currency of sexual violence wherein aid organizations, victims, and perpetrators “all find material benefit in the commercial trade in this violence.[xxv]

In the context of DRC, gender-based violence is directly related to environmental justice and educational equity. An expansion of international aid and policy can address these three issues in tandem. Outside of a paradigm of securitization that creates a debilitating political economy around sexual violence,[xxvi] a policy shift recognizing the unique confluence of education inequality, environmental justice, and gendered violence is not only reflective of an eco-feminist approach to policy but would recognize the intersection of education, the environment, and violence. The eco-feminist approach to policy deviates from the co-opted feminist approach that serves to obfuscate humanitarian issues whilst linking it to the environment. In order to elucidate this further, this paper will outline gender-based violence in relation to issues of education inequality and gendered violence with a similar argumentation related to ecology, and particularly natural resource extraction.

I. EDUCATION INEQUALITY, WOMEN, AND CHILDREN

Education Inequality

Education inequality is cited as the number one indicator of social immobility in DRC. It is “a key factor in determining socio-economic status in the DRC, whereby the higher the education level of the head of the household is, the less likely it is for the family to be poor.”[xxvii] Along the lines of gender, girls face a greater rate of inaccessibility to education[xxviii]: they make up more than 54% of the non-schooled population in the world. More broadly, “in sub-Saharan Africa, over 12 million girls are at risk of never receiving an education”[xxix].

Education as a social institution provides safety, access to food, social mobility, and ingratiation into society for orphans and children of rape that are debilitated by gender-based violence which is influenced by conflict. Without policy that reflects the nuances of gender-based violence and its impact on these factors, a deplorable neglect of these children in the name of the application of obfuscated and myopic feminist policy occurs to their detriment.[xxx]

The pointed lack of child protection and child welfare systems in tandem with the underdevelopment of educational institutions is alluded to throughout this paper. According to DeHerdt and Titeca[xxxi], drop out rates and repetition rates were high on average across the country. Primary education was costly for parents and families to afford,[xxxii] and public finance of education went from $150 per pupil to $10 per pupil in 2006. At the same time, the number of primary and secondary teachers on government payroll was cut by half, and salaries were reduced by 25%. Since Tshesikedi has taken office, DRC embarked on a large reform measure to introduce free primary education. The goal was to reduce expenses for the poorest families. The World Bank approved $8 million in grants and loans to promote free primary education in eastern and central provinces.[xxxiii]Since September of 2019, this has been in effect.

Unfortunately, teachers complain they have not received wages which has led to protest. Teachers marched in Bukavu, South Kivu to voice this grievance reflecting failures in the implementation of this policy. Some teachers have abandoned their jobs or are absent with schools in response to the lack of wages. Children are left without supervision in these cases.[xxxiv] Compounded onto this, parents are still required to pay for their children’s uniforms or other decent clothes and learning materials.[xxxv] These impediments are directly affecting children’s access to education and teacher’s rights to timely pay. Overcrowding due to the displacement of refugees has complicated the issue as existing schools are unable to accommodate an overflow of  refugee children.

Without a universal primary education or child welfare system, children in DRC are more likely to be exploited by exposure to violence, child mining operations, or by working as servants for families. Primarily, orphaned or children of gender-based violence experience this. They are “excluded from their communities, which causes them to experience severe trauma and distress. This causes a phenomena known as “street children”[xxxvi] ; their vulnerability so normalized as to have name. This paper will explore in depth the reality of a significant number of school-aged children working in mines. The work is extremely dangerous in nature, and these children are exploited due to the political economy of the region. Those more vulnerable –street children, orphans, and children of rape– have higher participation rates.[xxxvii] Orphaned children, for example, are experience dispossession and abandonment. Such vulnerability may be exploited by armed groups and militias to increase their capacity both as working units and operators of mines.

The confluence of these issues is a consequence of gender-based violence, violence in general, and the failure of international aid to recognize these multi-dimensional aspects of conflict. In delivering aid towards narrow and singular focuses, support counter-intuitively and unintentionally exacerbates the current context and impedes the development of approaches that are multifaceted and can target these issues and their intersections. For example, the lack of a developed child-welfare system or child-protection system in DRC, along with education inequality, forces children, particularly ‘street children’ into a an even more vulnerable position by preventing their access to an education as they experience higher rates of exploitation. Moreover, the weakened structure of educational institutions exacerbate the circumstances of these children by the absence of ability to accommodate orphaned children or children of gender-based violence. Yet, funding – as Merger’s analysis pointed out – does not recognize the multiplicity and intersectionality that a multidimensional approach would employ.

The Direct Link Between Education and Violence

Since the international paradigm is one that encourages the predominant narrative of DRC’s humanitarian crisis as one of sexual violence, we can follow that narrative to further illuminate the link between education as an institution and sexual violence to highlight the need for multi-dimensional policy reform. While DRC’s characterization as the rape capital of the world is not a direct misnomer, it ignores institutional, structural, and other causal factors that inform or fail to prevent violence; in particular, the lack of a child welfare-education system as well as a cursory application of feminist objectivity in international policy.

According to Article 34 of the Convention on the Rights of the Child[xxxviii]

Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.

For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

a) The inducement or coercion of a child to engage in any unlawful sexual activity;

b) The exploitative use of children in prostitution or other unlawful sexual practices;

c) The exploitative use of children in pornographic performances and materials.

‘Multilateral’ and ‘bilateral’ are keywords here. Multilateral approaches would consider the necessity of an education system and child-welfare system that protects children from intercommunal disputes, everyday rape, and rape as a weapon of war[xxxix].

Sexual violence generally occurs at high rates; during conflict, however, we see more pronounced links between gender-based violence and education inequality, outcomes, and child protection. While girls are already at risk of not receiving an education as aforementioned, during conflict the use of communities as a point of leverage puts girls, children, and the institution of education at risk.

To elaborate, as armed groups and national security forces violently negotiate control over natural resource-rich territories, 5.2 million children have gone without an education. In 2016, conflict in the Greater Kasai region displaced 1.8 million children in urgent need of education (HNO, 2019).[xl] Further, in the Tanganyika province, “a resurgence of violence resulted in the destruction of more than 300 schools while in Kasai region damaged infrastructure forced 150,000 children out of school.”[xli] Targeting of community infrastructure, and in particular educational institutions, contributes to the displacement of children and their access to and mobility within the already tenuous education institution in DRC.

The implications of this type violence are many. First, with a resurgence of violence during conflict, and the appeal to armed groups to leverage and negotiate the safety of individuals and communities for strategic gain, we see a similar political economy of war encouraging the destabilization of communities. Second, the violence inhibits the linear development of a social institution. Under ‘normal’ conditions, the progress of students and the social mobility they would experience as a result, would not be interrupted by egregious acts of violence. These acts of violence not only threaten their safety, but also the constitution of their academic identities: their emotional well-being, academic achievement, and academic progression.[xlii]  In the upcoming example, it is clear how gender-based violence interdicts successful educational attainment, but destabilizes the structural integrity and continuity of education as an institution. Third, on the international stage, the violence occurring at the confluence of international education and gendered violence is neglected in the international security framework due to the sole focus of funds being provided to institutions for emergency responses, or general responses to gendered violence. Fourth, children that may need an education institution as a provisional space of security, in particular orphaned children and children of rape, are made increasingly vulnerable due to the high rates of exploitation. Together, these implications point to the need for change in international security frameworks to remedy the neglect of the intersection of violence, gender-based violence and education inequality.

Attacks against education institutions cannot be decontextualized. To illustrate the urgency behind a change in policy, we must bear witness to the human losses and victimizations at the confluence of education inequality and gender-based violence.

On 31 August 2020 unidentified armed men attacked and raped female students at an examination centre hosting 35 final year students, 16 boys and 16 girls in Isiro town in Haut-Uélé province the night before exams. The students went on to take their exams the next day. Also on 31 August 2020 in South Kivu province, about 700 students and their teachers fled after fighting near an exam centre. On 27 August 2020, at least two students and one teacher were reported to have been killed in Masisi area of North Kivu province following a confrontation between security forces and an armed group near an exam centre. The students were killed while sitting the second day of the National Primary End-of-Studies Test in Ngoyi Primary School.[xliii]

Education inequality, child welfare, violence, and security purely and incontrovertibly intersect. Yet, this is not reflected in international policy and aid. In addition to violent and traumatizing victimization, there are further consequences of the lack of recognition of these intersections.

Important consequences of this, outside of violent and traumatizing victimization are many. First, a victimization influenced disruption of education which may prevent successful educational attainment exacerbating long-term educational equity and social mobility. As students endure, anticipate, or avoid violent interactions in school, their potential for educational attainment is impacted. Second, violence inhibits the fortitude of the educational structure and the support it offers. A curtailment of a ‘normal’ socialization process and access to essential services and support networks[xliv] occurs further harming the academic and personal progression of these students. Third, there are intergenerational impacts due to the intensity of the trauma, school dropout rates increase leading to structural disadvantages for future generations. Fourth, this violence largely affects women exacerbating present and significant gender inequality in the education sector and at large.[xlv] Fifth and finally, as these individuals experience sexual violence there is potential for increases in early pregnancy for girls that furthers the disruption in access to education that would otherwise occur during normal conditions.[xlvi]

Appropriating aid funding and security reform funding towards education and child welfare institutionally would greatly benefit and impede the use of sexual violence as a tool both under ‘normal’ conditions and during conflict. The benefits of a stronger, more protected education system and sound child-welfare system include a weakened pipeline to exploitation that armed groups and civilians can exploit, a reduction in the amount of street children and at-risk behavior amongst youth in vulnerable positions, multigenerational impacts related to social mobility for those with and without parental units, and a reduction in gendered inequalities in education. Building, rehabilitating, and most importantly securitizing these institutions would impede gender-based violence holistically.

Fortunately, the World Bank’s funding strategy is working towards this. Within the $800 million dollar aid Emergency Equity and System Strengthening in Education (EESSE) plan,[xlvii] are a multitude of goals focused on school safety, inclusion, fee reduction, and increase in accessibility. Unfortunately, the project development objectives and context lack a multi-dimensional analysis of inequality and gender-based violence in DRC. There is an avoidance of the link between gender-based violence, conflict, and education. The project indicates sexual violence with the same connotation as the international securitization framework. The component related to safety is “Disbursement Linked Indicator[xlviii] 4: Create Safe and Inclusive School Environments”, which is contingent on three Disbursement Linked Results. The Disbursement Linked Results[xlix] are unrelated to the potential for violence by armed groups and militias. There is a complete absence of funding for security reform for schools or an allusion to the incidence of conflict related Gender-based violence in schools.[l] This suggests a significant opportunity missed in a large funding package to create fortified institutions or to implement preventative measures that could withstand the potential of violence.

The United Nations[li] report does not emphasize the intersections of sexual violence in terms of locations, or with specific focus on educational institutions. Sexual violence is instead decontextualized and homogenized as instances of conflict-based sexual violence, rather than contextualized in terms of location, hierarchy, and gender inequality as feminist theory and praxis would advise.

II. RESOURCES AND ENVIRONMENTAL INJUSTICE

Ecofeminism

Ecofeminism finds its roots in an ethic that recognizes the conceptual connection between environmental justice and feminism. The feminist philosophy argues that a deeper understanding of environmental issues and vice-versa is achieved through an analysis of the domination of nature by human beings in relation to the domination of women and children. The logics that dominate the earth are inextricably linked to the logics that dominate women. Feminist scholarship and environmental ethic are deeply connected.[lii],[liii] Gwen Hunnicutt argues that there is a pervasive logic of domination that explains many aspects of exploitation, extraction, and domination of both women and the earth. Donna Haraway[liv] describes ecofeminist thought as ascribing agency and a constructed reality to the earth enabling it as an actor in the story of man’s domination. In connection to women, Haraway articulates a perspective of feminist thought that describes women’s battle as one in which women, in opposition to a male-dominated society, are agentic actors within socially constructed realities that are devoid of essentialist and misogynistic thought that epitomizes patriarchy. This logic of domination extends from Marxist theory describing man’s domination of nature as a requisite of capitalism. Extending this to the domination of women reveals the link between the domination of nature and the domination of women.

Its conceptualization is strengthened by the incorporation and delineation of intersectional ecofeminism. Intersectional ecofeminism takes into consideration multiple forms and conversations of feminism including Indigenous Feminist thought, Indian Feminist thought, Latin American feminist thought, and African feminist thought. Ecofeminism bridges together the different tenets that link together the rights of the environment and the rights of the humans that inhabit it.[lv],[lvi],[lvii] As Mallory describes, there is much to gain from an “ecofeminist analys[is] of the material and conceptual intersections between the oppression of women, people of color, indigenous peoples, the poor, and other marginalized human groups and the degradation of natural places.”

Further, the many lived experiences of these marginalized groups, the analyses that stem from them, and their shared historical contexts make up the fabric of the fluid quilt that is ecofeminism; rather than existing as a theory to be debated and contested, ecofeminism exists as an inclusive discourse, encouraging the incorporation of new perspectives as Kings and Glazebrook describe.[lviii]

Incorporating this into our analysis of the provision of aid in relation to gendered-violence in DRC means considering the communal-industrial-governmental intersections, and applying the theoretical considerations of environmental and feminist ethic. This is in stark contrast to the one-dimensional approach that considers eliminating sexual violence as the panacea for safety, protection, and mobility for the Congolese civilians.

Political Economies of Resources, Territory, and Sexual Violence

The political economy of sexual violence is intrinsically connected to the political economy of territory and the claim to natural resources in eastern DRC. Environmental justice and natural resource extraction are explicitly linked. While community members lack the agency over their native environments and bear the brunt of the resultant socio-economic consequences, their environments endure significant harm. Experienced in tandem, social inequities that exist within these communities are exacerbated by the presence of harmful extractive activities such as mining. Experiences of volatility, instability, and boom-bust economic cycles as commodity prices shift are characteristic for communities that home extractive activity.[lix] Further, structural problems within these areas occur within the larger landscape of the nation. For instance, persistent poverty is a consistent theme in these areas due to the loss of local economic control to multinational firms.[lx]

The consequences go beyond the structural and environmental. In relation to the political economy of sexual violence, territory and claims to resource-rich land exacerbates the use of sexual violence as a tool of leverage and control. Territory, in particular, impacts the ability of communities to utilize their environment as they would under normal conditions. The contours of territory in the political economy of sexual violence and conflict at large impacts the safety of women and children – arguably this is safety they would experience under normal conditions. Under such conditions, according to Kings, “it is most often women who bear the brunt of the extra burdens created by climate change and environmental degradation.” For example, it is women that bear the brunt of having to travel further to collect water or food each day[lxi]. These travels would be, under normal conditions, considered a typical part of daily life. Under the conditions of conflict and within the political economy of sexual violence, these travels are precarious in DRC. Women and children are more vulnerable to government forces and rebel groups that are alleged to have engaged in heinous acts of sexual violence as a deliberate method to gain territory and disseminate fear. According to the Enough Project’s Interrupting Silence Report:

 “…rebel and state army commanders oversaw or orchestrated rape and sexual enslavement while in effective control over their subordinate troops with knowledge that they were committing rape in the context of civilian attacks, triggering their liability for war crimes and crimes against humanity. The International Criminal Court recently heard arguments by Chief Prosecutor Fatou Bensouda alleging that … commander Bosco Ntganda oversaw and ordered troops to rape civilians. Bensouda argued that the FPLC used rape to terrorize non-ethnic Hema civilians under Ntganda’s command, and in one instance Ntganda ordered his bodyguards to rape three women in an apartment where he was staying.”[lxii]

At the intersection of territory and sexual violence, there is a threat to the local economic structure of communities. Policy should reflect the violence in the context of a strategic military tool to manipulate the psychology of communities and gain control over a particular areas and regions with connections to the harm mineral extraction. Policy of this caliber would set environmental regulations in regions and areas where there exist protections against extraction and its detrimental effects; in other words, policy would reflect the reality of the environmental implications of the political economy of sexual violence.

Further, both ecology and sexual violence are not issues to be securitized in tandem. To avoid the risk of further decontexualization, environmental regulations should be developed and implemented in the context of armed group and militia exploitation, economic disruption and use of sexual violence. Not only would this policy reflect a desire to prevent environmental degradation and the aforementioned economic consequences of harmful extractive policies, it would also respect the ownership of those native to their land and variety of harms they experience. Sexual violence on the other hand must be securitized with respect to the social organization in which it occurs as mentioned. Indeed there is an intersection between ecology and violence that cannot be disregarded and must be reflected in policy. Though, distinctively, there must be a respect for the complexity of both issues as occurring in a liminal space. There is a boundary between the sexual violence and environmental violence that occurs in Eastern Congo. Where one meets the other there is certainly overlap and the two human rights atrocities must be contextualized with respect to where there is mutual exclusivity. Experienced by women, men, boys, and girls by civilians, armed groups, military soldiers, and family members, sexual violence is reported to occur on paths to forge for food, it is experienced in the privacy of homes, and experienced on schools sites. Further, according to Claudia Seymour, there is an invisible violence that occurs that is not recognized or understood. The social organization of violence, its social consequences, and the obfuscation of the international human rights provision in its securitization process serves to work against progress in the region. While environmental degradation, exploitation, is experienced where mining cites are present,[lxiii] sexual violence is also the tool or rather vehicle by which familial disruption, morale destruction, and painful invisible violence occurs.[lxiv] Sexual Violence, therefore, shapes the contours of the social reality and organization of the individuals, communities, and provinces experiencing it. Research and policy must reflect this and deviate from a decontextualized conflict perspective that understands sexual violence as a condition or symptom. It is a condition while also being conditional. It requires microscopic observation and analysis to wholly understand and prevent.

The framework of environmental justice reconciles community protection and sustainability with environmental protection and sustainability. Policy that reflects this connection can influence outcomes in the following example. In certain cases,

crimes involving SGBV [sexual and gender-based violence] involving SGBV also undermine authority figures traditionally meant to protect women and children in the community.[lxv] Furthermore, sexual violence both drives and stems from forced displacement: when soldiers and rebels rape civilians, civilians often flee out of fear of repeat attacks or stigmatization. Internally displaced persons and refugees are in turn disproportionately vulnerable to sexual violence in part because they live in IDP and refugee camps that lack security and rule of law.”[lxvi]

In the framework of environmental justice and feminist ethic, social equity and harm prevention are emphasized as values driving policy. In establishing protections for territory, there is recognition of the community impact related to the location of that community and its environment. Practically speaking, environmental considerations in regulatory reforms relating to territory at the national and provincial level would reflect the “precautionary principle; erring on the side of human safety and wellbeing rather than industrial development.”[lxvii] In the next section, we will explore what this may look like.

III. CHILD LABOR      

Exploring the linkages between feminist thought and environmental ethic exposes multiple junctures that necessitate policy upheaval and reform. Previously articulated is the necessity to include environmental protections to territory to further dissuade a critical juncture wherein the rights of vulnerable human and non-human life are magnified and accentuated. Unfortunately, without such policy, the rights of the child in Eastern DRC are exploited to a heinous extent. These children are neglected due to international and national focus that homogenizes humanitarian issues related to conflict.

Child Labor and Forced Labor Reports reveal that no advancements were made in efforts to eliminate the worst forms of child labor.[lxviii] Despite the aforementioned initiatives such as universal primary education, anti-trafficking in persons law, and the finalization of a five-year strategy to combat human trafficking, there are still large gaps and inequities in the delivery of these programs, and the violence that occurs in spite of these policies, as well the complicity of factions of the military means that children continue to be forced into labor and sexual slavery.[lxix]

Although the national government has taken steps to eliminate the worst forms of child labor– the exploitation of children sexually, militarily, and in relation to mining– complicity within factions of the military prevents full implementation and adjudication of crimes related to child labor legislation. While there is legislation prohibiting forced labor, child trafficking, and commercial sexual exploitation of children, non-state armed groups continue to kidnap, recruit, or use children in armed conflict and mining operations in 2019.[lxx] For example, a North Kivu military court sentenced an Allied Forces of the Democratic Republic of Congo (FARDC) colonel to life imprisonment for child soldier recruitment. Also, the Bukavu Garrison Court in South Kivu condemned three members of the Raia Mutomboki militia of systemic child soldier recruitment in 2018. They were sentenced to 15 years to life imprisonment.[lxxi] However, during the proceedings, the government was found liable for failing to take all necessary steps and measures to prevent the crimes, and was ordered to pay reparations.[lxxii]

Military and government complicity has long standing consequences. The government consistently failed to prosecute perpetrators to the fullest extent, sometimes repositioning them, effectively treating perpetrators with impunity. For instance, the FARDC was linked to two cases of exploitation of children in two roles – as concubines and forced labor. The responsible perpetrator was redeployed to a different regiment in 2019.[lxxiii]Further exemplifying this impunity is the case of Colonel Ramazani Lubinga, former commander of 601st Regiment of FARDC. A warrant was issued for his arrest for recruiting child soldiers, yet his military superiors refused to comply.[lxxiv]

RECOMMENDATIONS

Overall, what is required is a “breakdown of the intellectual silos that isolate topics of conflict economics and security in Congo from gendered violence and women’s empowerment”[lxxv] that then includes environmental justice and feminist ethics.

Children, Education, and Labor

As aforementioned, children outside of school face detrimental consequences to their future mobility, the worst consequence of which is vulnerability to child labor. Thus, social programs and the enhancement of access and reintegration into, and continued pursuit of education for children of vulnerable groups, orphans and those exploited by child laborers is a necessary preventative step.[lxxvi] Outside of social programs, another recommendation would be the socialization of the mining industry. An example of this already exists within the state-owned mined artisanal “strategic minerals”. This means more locally controlled and smaller-scale mining projects have been socialized, removing precarious middlemen which enables greater price stability. Volatility in price affects the local economic context, and is a contributor to persistent poverty while creating devastatingly regular instability in these regions.[lxxvii], [lxxviii] The removal of middlemen also decreases the potential for child labor. Monitoring of the supply chain carried out by a separate body ensures that children and other vulnerable populations are not employed in the mining sites.

Ecofeminism

The incorporation of the environmental-feminist ethic of ecofeminism implies the application of procedural justice, and the inclusion of the most vulnerable groups in the decision-making process. This entails that community leaders – particularly those that have been subject to the harms of extractive policies, child labor, and the complicity of the government – will have the opportunity to authentically and materially participate in the decision-making process regarding price stability, labor supply, and redistribution of revenue in the development of state-owned mining companies. State-owned mining companies must allow and enable community members and stakeholders to hold decision-making power. This is essential to rectifying the injustices of the extractive industry. Top-down approaches and governmental solutions are incomplete without the voice and conversation of those directly impacted by the mining industry, its environmental, and very real human rights consequences. Whilst harsher, more stringent penalties, prosecutorial judgements, and accountability processes are also necessary to serve as a deterrent, reparations and accountability should have an effect beyond that of financial compensation. Procedural justice, equity, and empowerment should be primary goals in social and economic policy recommendations and reforms; procedural equity can also serve to support communities during the disinvestment of mining companies and the negotiations between armed groups, communities, and the government in the elimination of child labor.[lxxix]

Procedural Equity

Community involvement in the deliberation, development, execution, and possible removal of mining operations or other concerns of environmental justice must become a component of international and national efforts to resolve conflict in eastern DRC. Enforcement and protection of procedural equity must be ensured in order to maintain its effectiveness. Its implementation must occur to ameliorate the harsh economic, environmental, and community impacts of extraction to prevent a recurrence of similar consequences in the future.

Securitizing the protection and process of procedural inequity would ensure communities have a stake and claim in the processes that affect their local economies and environmental surroundings. Unfortunately, due to the securitization of sexual violence, the development of procedural equity receives less funding and less priority than explicit efforts to reduce and mitigate rape. Prioritizing and securitizing procedural inequity and increased security reform in this area would alongside efforts to reduce sexual violence and reduce child labor would reflect the true nature of the structural components informing sexual violence, and respecting its relation to the environment.

Policy Implications

Following the recommendations of multiple policy reports[lxxx] on the rights of children and education policy, 1) international aid should reflect the need for the development of a national child welfare system and become an urgent priority 2) Increasing the age required for children to go to school would promote the enrollment of students in school; this also enables the protection of students from exploitation. 3) The socialization and implementation of government funded institutions located throughout Eastern Congo,[lxxxi] in conjunction with the initiatives of birth certificate registration, school enrollment, and the rehabilitation educational institutions, a national child welfare institution should be prioritized.

Policy recommendations for international aid that center procedural equity, or go as far as securitizing procedural inequity, as a deliberate objective in the development of state-owned mining operations or companies, the dissolution of, removal of, or insertion of multinational mining companies. Consideration of the needs of the community, particularly those in conflict zones. During negotiations with armed groups, procedural equity for communities must be considered.

And lastly, on the international stage, the consequential narrative of DRC as the rape capital of the world must be deconstructed and delineate the complex, multifaceted nature of the cultural, social, institutional, political-economics, and influence of conflict compared to ‘normal’ conditions in the massive rates of sexual violence. International aid should move away from the silo of sexual violence and work more broadly towards education equality, child welfare, and environmental justice.

CONCLUSION

The decontextualization and homogenization of sexual violence and conflict economics render the structural and contextual factors that influence the incidence of sexual violence invisible. The resultant narrative of rape as the most pressing humanitarian issue in DRC obfuscates these factors. A new narrative must delineate the multifaceted nature of the cultural, social, institutional, political-economics, and influence of conflict in these rates. International funds and NGOs – both abroad and on the ground – must reflect this change by engaging sexual violence discourse, and directing aid delivery away from unilateral guidelines that isolate access in their administration of aid.

Furthermore, deliberately moving attention away from sexual violence and shifting the contours of international aid to reflect the intersection of the aforementioned dimensions that influence the rate of sexual violence would reduce its compounding counterproductive effects. These include the influence of NGOs on the political economy of sexual violence, the perpetuation of rape as a weapon of war, and the increasing the rate at which individuals create false narratives to access health services and NGO support.

This will enable an appropriation of funds that would better support a response reflective of the multidimensional aspects of violence. If, “in DRC, funding earmarked for conflict-related sexual violence is nearly double the budget for all security sector reform activities,”[lxxxii] it is clear that delineating and contributing aid to the multiple structural components that contribute to this harm would be a better use of international support. Projects such as the full implementation of universal education, child welfare, and implementation of enforced procedural equity are all necessary steps to combat the instability that is globally perceived as symptomatic of an epidemic of sexual violence.

Finally, it is clear from an intersectional ecofeminist perspective that sexual violence never occurs in a vacuum. Considering the structural and institutional influences that contribute to, inform, and could potentially dissuade acts of exploitation and sexual violence is necessary to combat it. Ultimately, by contextualizing and acknowledging the heterogeneity of sexual violence deep institutional and social issues are observable and thus solvable. Through an ecofeminist understanding, the political economy of sexual violence and territory can be scrutinized with the goal of implementing solutions that reflect a departure from the “effacement of critical feminist insights regarding the importance of the domestic, the personal, and the ‘every- day.”[lxxxiii] As a consequence, the “rape capital of the world” is relieved of this reductive, sensationalist, and myopic characterization.


Elias Nepa is a Rising Senior at UC Berkeley studying Sociology with a minor in Gender and Women’s Studies.


References

[i] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

[ii] Lykke, Nina. 2005. “Intersectionality Revisited: Problems and Potentials.” Kvin- novetenskaplig tidskrift 2(3): 7–17.

[iii] The Uncondemned. Directed by Michele Mitchell, Nick Louvel, performances by Pierre-Richard Prosper and Sara Darehshori, Film at Eleven Media, 2015

[iv] Lene Hansen (2000) Gender, Nation, Rape: Bosnia and the Construction of Security, International Feminist Journal of Politics, 3:1, 55-75, DOI: 10.1080/14616740010019848

[v] UN Security Council. 2008. Resolution 1820 (2008) [On Sexual Violence in Conflict and Post-Conflict Situations] (S/RES/1820). 5916th meeting. June 19, 2008

[vi] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

[vii] Ibid

[viii] Kirby, Paul. 2012. “How is Rape a Weapon of War?.” European Jounral of International Relations 19(4): 797-821

[ix] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

[x] Leatherman, Janie L. 2011. Sexual Violence and Armed Conflict. Cambridge: Polity Press.

[xi] ANDERSON, LETITIA. 2010. “Politics by Other Means: When does Sexual Violence Threaten International Peace and Security?” International Peacekeeping 17(2): 244–60.

[xii] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

[xiii] Ibid

[xiv] Ibid

[xv] Autesserre, Severine. 2014. 141 Peaceland: Conflict Resolution and the Everyday Politics of International Intervention. New York: Cambridge University Press.

[xvi] Douma, Nynke, and Dorothea, Hilhorst. 2012. Fond de commerce? Sexual Violence Assistance in the Democratic Republic of Congo. Disaster Studies Occasional Paper 02. Wageningen, Netherlands: Wageningen University.

[xvii] Ibid

[xviii] Autesserre, Severine. 2014. 9-138 Peaceland: Conflict Resolution and the Everyday Politics of International Intervention. New York: Cambridge University Press.

[xix] Eriksson Baaz, Maria, and Maria Stern. 2013. p. 97 Sexual Violence as a Weapon of War? Perceptions, Prescriptions, Probems in the Congo and Beyond. London: Zed Books.

[xx] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

[xxi] Autessere, Severine. 2012. “Dangerous Tales:  Dominant Narratives on the Congo and Their Unintended Consequences.” African Affairs 111 (443) 202-22; p 205

[xxii] Eriksson Baaz, Maria, and Maria Stern. 2010. p. 52 The Complexity of Violence: A Critical Analysis of Sexual Violencei nthe Democratic Republic of Congo (DRC). Sida Working Paper on Gender Basedviolence. Uppsala, Sweden: Nordiska Afrikainstitutet (The Nordic Africa Institute).

[xxiii] Douma, Nynke, AND Dorothea Hilhorst. 2012. p. 48 Fond de commerce? Sexual Violence Assistance in the Democratic Repblic of Congo. Disaster studies Occasional Paper 02. Wageningen, Netherlands: Wageningen University.

[xxiv] Demmers, Jolle. 2014. “neoliberal Discourses on Violence: Monstrosity and Rape in Borderland War.” In Gender, Globalization and Violence: Postcolonial Conflict Zones, edited by Sandra Ponzanesi, 27-44, p. 41. New York: Routledge.

[xxv] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

[xxvi] Ibid

[xxvii] Prashad , Jennifer. “Children of Democratic Republic of the Congo.” Humanium, 30 May 2020, www.humanium.org/en/democratic-republic-congo/.

[xxviii] n/a. “Right to Education : Situation around the World.” Humanium, 22 Feb. 2018, www.humanium.org/en/right-to-education/.

[xxix] Ibid

[xxx] Ibid

[xxxi] Herdt, Tom & Titeca, Kristof. (2016). Governance with Empty Pockets: The Education Sector in the Democratic Republic of Congo: Governance with Empty Pockets in the DRC. Development and Change. 47. 472-494. 10.1111/dech.12235.

[xxxii] N/a. ACAPS, 2020, Education & Child Protection Challenges in Eastern DRC; Impact of COVID-19, Conflict and Policy Reform, pg, 2, www.acaps.org/sites/acaps/files/products/files/20201019_acaps_covid-

[xxxiii] n/a. “‘When I Grow up, I’ll Be a Teacher’ – The New Ambitions of Congolese Schoolchildren Now That School Is Free.” World Bank, World Bank Group , 16 June 2020,

[xxxv] N/a. ACAPS, 2020, Education & Child Protection Challenges in Eastern DRC; Impact of COVID-19, Conflict and Policy Reform,

[xxxvi] Human Rights Watch. (2006, April 4). What Future: Street Children in the Democratic Republic of Congo; https://www.humanium.org/en/democratic-republic-congo/

[xxxvii] Ibid

[xxxviii] UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, available at: https://www.refworld.org/docid/3ae6b38f0.html [accessed 10 February 2021]

[xxxix] Prashad , Jennifer. “Children of Democratic Republic of the Congo.” Humanium, 30 May 2020, www.humanium.org/en/democratic-republic-congo/.

“Sexual violence is largely associated with widespread rape, a method of violence used by combatants and military forces. Conflict in the Eastern region is a critical issue for children as they experience high levels of sexual and gender-based violence, and researchers have found that survivors of sexual violence under the age of 18 in this region were more likely to experience gang rape and assault than adults were;” “Despite domestic laws in place to protect children from sexual violence and the presence of the issue on the UN Security Council’s agenda, no real protection is afforded to children in peacetime and in period of conflict.”

[xl] “APERÇU DES BESOINS HUMANITAIRES RÉPUBLIQUE DÉMOCRATIQUE DU CONGO.” Humanitarian Response Info! , United Nations Office for the Coordination of Humanitarian Affairs, 30 Dec. 2019, www.humanitarianresponse.info/en/operations/democratic-republic-congo/document/rd-congo-aper%25C3%25A7u-des-besoins-humanitaires-d%25C3%25A9cembre-2019.

[xli] N/a. ACAPS, 2020, Education & Child Protection Challenges in Eastern DRC; Impact of COVID-19, Conflict and Policy Reform,

[xlii] Breetzke et. al in their study of the proximity of sexual violence to schools note that “Schools are, however, necessary and permanent neighborhood institutions which feature prominently in the urban environment. Schools themselves, and the spaces around them should engender feelings of safety and security among learners and be conducive to positive social engagement and interaction. Any incidence of crime in these spaces should be of great concern since crime and violence in and around schools has been shown to affect learners physical and emotional well-being (Muschert and Peguero 2010; Espelage et al. 2013), levels of academic achievement (Wang et al. 2014), and academic progression (Ncontsa and Shumba 2013).”

Breetzke, Gregory & Fabris-Rotelli, Inger & Modiba, Jacob & Edelstein, Ian. (2019). The proximity of sexual violence to schools: evidence from a township in South Africa. GeoJournal. 10.1007/s10708-019-10093-3;

Muschert, G. W., & Peguero, A. A. (2010). The Columbine effect and school anti-violence policy. In M. Peyrot & S. L. Burns (Eds.), New approaches to social problems treatment. Research in social problems and public policy (Vol. 17, pp. 117–148). Bingley: Emerald Group PublishingLimited;

Espelage, D. L., Hong, J. S., Rao, M. A., & Low, S. (2013). Associations between peer victimization and academic performance. Theory into Practice, 52(4), 233–240;

Wang, W., Vaillancourt, T., Brittain, H. L., McDougall, P., Krygsman, A., Smith, D., et al. (2014). School climate, peer victimization, and academic achievement: Results from a multi-informant study. School Psychology Quarterly, 29(3), 360–377;

Further Nconsta and Shumba find that a loss of concentration; poor academic performance; bunking of classes; and depression result from the presence of various forms of violence in a school setting. The analysis of the effect of rape on educational outcomes is not present.

Ncontsa, V. N., & Shumba, A. (2013). The nature, causes and effects of school violence in South African high schools. South African Journal of Education, 33(3), 1–15.

[xliii] N/a. ACAPS, 2020, Education & Child Protection Challenges in Eastern DRC; Impact of COVID-19, Conflict and Policy Reform,

[xliv] Selbervik, Hilde. “Impacts of School Closures on Children in Developing Countries: Can We Learn Something from the Past?” CMI, Cher. Michelsen Institute, May 2020, www.cmi.no/publications/7214-impacts-of-school-closures-on-children-in-developing-countries-can-we-learn-something-from-the-past.

[xlv] Duflo, Esther, Pascaline Dupas, and Michael Kremer. “The Impact of Free Secondary Education: Experimental Evidence from Ghana.” Working Paper, October 2019

[xlvi] Ibid

[xlvii] http://documents1.worldbank.org/curated/en/818571589383794255/pdf/Project-Information-Document-DR-Congo-Emergency-Equity-and-System-Strengthening-in-Education-P172341.pdf ; http://documents1.worldbank.org/curated/en/818571589383794255/pdf/Project-Information-Document-DR-Congo-Emergency-Equity-and-System-Strengthening-in-Education-P172341.pdf

[xlviii] http://pubdocs.worldbank.org/en/654421478722080104/PforR-Overview-Presentation-OPCS.pdf; http://documents1.worldbank.org/curated/en/401331504728046953/pdf/ITK171540-201708061557.pdf; http://documents1.worldbank.org/curated/en/818571589383794255/pdf/Project-Information-Document-DR-Congo-Emergency-Equity-and-System-Strengthening-in-Education-P172341.pdf

Disbursement Linked Indicators are the basis of disbursement for Investment of Project Funds in the framework of the World Bank’s Aid. These must indicators must be tangible, transparent, verifiable, under government’s influence. They can be scalable to progress. This progress can be actions that lead to outputs, intermediate outcomes, and outcomes.

[xlix] http://documents1.worldbank.org/curated/en/950891592618926682/pdf/Democratic-Republic-of-the-Congo-Emergency-Equity-and-System-Strengthening-in-Education-Project.pdf pg 26

[l] Ibid, pg 66-67

[li] Karashima, Noboru. “General Assembly.” Trends in the Sciences, vol. 7, no. 8, 2002, pp. 44–45, doi:10.5363/tits.7.8_44. Quotes from:  (l) Take all necessary measures to prevent sexual violence and, when it occurs, bring the perpetrators to justice, provide victims with comprehensive care and facilitate their access to remedies for redress; (n) Strengthen national institutions and mechanisms responsible for coordinating human rights and monitoring the implementation of the recommendations of United Nations mechanisms. With no reference to the specifics of institutions.

[lii] Chaone Mallory. “What’s in a Name? In Defense of Ecofeminism (Not Ecological Feminisms, Feminist Ecology, or Gender and the Environment): Or “Why Ecofeminism Need Not Be Ecofeminine—But So What If It Is?”.” Ethics and the Environment 23, no. 2 (2018): 11-35. Accessed March 29, 2021. https://www.jstor.org/stable/10.2979/ethicsenviro.23.2.03.

[liii] Hunnicutt, G. (2019). Gender Violence in Ecofeminist Perspective: Intersections of Animal Oppression, Patriarchy and Domination of the Earth (1st ed.). Routledge. https://doi.org/10.4324/9781351026222

[liv] Haraway, Donna. “Situated Knowledges: The Science Question in Feminism and the Privilege of Partial Perspective.” Feminist Studies 14, no. 3 (1988): 575-99. Accessed March 29, 2021. doi:10.2307/3178066.

[lv] A.E. Kings. “Intersectionality and the Changing Face of Ecofeminism.” Ethics and the Environment 22, no. 1 (2017): 63-87. Accessed March 29, 2021. doi:10.2979/ethicsenviro.22.1.04.

[lvi] Glazebrook, Trish. “Karen Warren’s Ecofeminism.” Ethics and the Environment 7, no. 2 (2002): 12-26. Accessed March 29, 2021. http://www.jstor.org/stable/40339034.

[lvii] Chaone Mallory. “What’s in a Name? In Defense of Ecofeminism (Not Ecological Feminisms, Feminist Ecology, or Gender and the Environment): Or “Why Ecofeminism Need Not Be Ecofeminine—But So What If It Is?”.” Ethics and the Environment 23, no. 2 (2018): 11-35. Accessed March 29, 2021. https://www.jstor.org/stable/10.2979/ethicsenviro.23.2.03.

[lviii]A.E. Kings. “Intersectionality and the Changing Face of Ecofeminism.” Ethics and the Environment 22, no. 1 (2017): 63-87. Accessed March 29, 2021. doi:10.2979/ethicsenviro.22.1.04; Glazebrook, Trish. “Karen Warren’s Ecofeminism.” Ethics and the Environment 7, no. 2 (2002): 12-26. Accessed March 29, 2021. http://www.jstor.org/stable/40339034.

[lix] Stephanie A. Malin, Stacia Ryder & Mariana Galvão Lyra (2019) Environmental justice and natural resource extraction: intersections of power, equity and access, Environmental Sociology, 5:2, 109-116, DOI: 10.1080/23251042.2019.1608420

[lx] Ibid

[lxi] Ibid; UN Security Council. 2008. Resolution 1820 (2008) [On Sexual Violence in Conflic and Pos-Conflict Situations] (S/RES/1820). 5916th meeting. June 19, 2008

[lxii] Wairagala Wakabi, “Prosecutor: Ntaganda Killed a Priest, Ordered Soldiers to Rape,” Open Society Institute, February 11, 2014, available at http://www.lubangatrial.org/2014/02/11/prosecutor-ntaganda-killed-a-priest-ordered- soldiers-to-rape/; Dranginis, Holly. (2014). Interrupting the Silence Addressing Congo’s Sexual Violence Crisis within the Great Lakes Regional Peace Process. The Enough Project, March 20, 2014.

[lxiii] Laudati, Ann, and Charlotte Mertens. “Resources and Rape: Congo’s (Toxic) Discursive Complex.” African Studies Review, vol. 62, no. 4, 2019, pp. 57-82., doi:10.1017/asr.2018.126

[lxiv] Claudia Seymour (2012) Ambiguous agencies: coping and survival in eastern Democratic Republic of Congo,Children’s Geographies, 10:4, 373-384, DOI: 10.1080/14733285.2012.726073

[lxv] Human Rights First, “Dr. Denis Mukwege: Fighting Sexual Violence in the Democratic Republic of Congo,” video, October 23, 2013, available at https://www.youtube.com/watch?v=r-OrOE4eq2w – t=74.

[lxvi] Megan Bradley, “Sexual and Gender-based violence in the Democratic Republic of the Congo: Opportunities for Progress as M23 Disarms?” The Brookings Institution, November 13, 2013, available at http://www.brookings.edu/blogs/africa-in-focus/posts/2013/11/12-sexual-gender-based-violence-congo-bradley.

[lxvii] White, Rob. (2013). Resource Extraction Leaves Something Behind: Environmental Justice and Mining. International Journal for Crime, Justice and Social Democracy. 2. 10.5204/ijcjsd.v2i1.90.

[lxviii] U.S. Department of Labor. (2019) Findings on the Worst Forms of Child Labour. Pp. 383-397. https://www.dol.gov/agencies/ilab/resources/reports/child-labor

[lxix] Ibid

[lxx] Ibid

[lxxi] Ibid

[lxxii] Dranginis, Holly. (2014). Interrupting the Silence Addressing Congo’s Sexual Violence Crisis within the Great Lakes Regional Peace Process. The Enough Project, March 20, 2014.

[lxxiii] Ibid

[lxxiv] Ibid

[lxxv] Dranginis, Holly. (2014). Interrupting the Silence Addressing Congo’s Sexual Violence Crisis within the Great Lakes Regional Peace Process. The Enough Project, March 20, 2014.

[lxxvi] Ibid

[lxxvii] Mark C.J. Stoddart, B. Quinn Burt. (2020) Energy justice and offshore oil: weighing environmental risk and privilege in the North Atlantic. Environmental Sociology 6:4, pages 390-402.

[lxxviii] White, Rob. (2013). Resource Extraction Leaves Something Behind: Environmental Justice and Mining. International Journal for Crime, Justice and Social Democracy. 2. 10.5204/ijcjsd.v2i1.90.

[lxxix] Mark C.J. Stoddart, B. Quinn Burt. (2020) Energy justice and offshore oil: weighing environmental risk and privilege in the North Atlantic. Environmental Sociology 6:4, pages 390-402.

[lxxx] U.S. Department of Labor. (2019) Findings on the Worst Forms of Child Labour. Pp. 383-397. https://www.dol.gov/agencies/ilab/resources/reports/child-labor

[lxxxi] Ibid

[lxxxii] Douma, Nynke, and Dorothea, Hilhorst. 2012. Fond de commerce? Sexual Violence Assistance in the Democratic Republic of Congo. Disaster Studies Occasional Paper 02. P. 35. Wageningen, Netherlands: Wageningen University.

[lxxxiii] Merger, Sara. “The Fetishization of Sexual Violence in International Security.” International Studies Quarterly, vol. 60, no. 1, Mar. 2016, pp. 149-159. EBSCOhost, doi:10.1092/isq/sqw003

Climate Migration Threatens to Expand Australian Healthcare Inequities

empty road between brown fields with green trees

15 April 2021 – by Ben St. Laurent

New data published in The Lancet Planetary Health indicates that the acute inequity in healthcare workers throughout the Northern Territory (NT) could become exacerbated by climate change as doctors in the region relocate to cooler climates. Contrasting the situation of refugees forced from their homes due to increasing environmental disasters and receding coastlines, the reality is that those who have financial and social capital are also relocating to more temperate areas.

The study surveyed 362 medical professionals in Australia’s NT in November 2020 (representing over 25% of the workforce) and determined that over one third of respondents are already considering leaving the NT (15%) due to climate change, or would be likely to consider leaving in the future (19%). Rising temperatures and drier weather are becoming more severe in the NT and are contributing to increased heat related illness and death in a healthcare system that is already understaffed and overburdened. Among doctors who responded to the survey, 85% agree that climate change is currently causing, or is likely to cause negative effects on the health of their patients. 75% percent agree that parts of the NT are becoming or will likely become uninhabitable due to climate change.

Australia’s NT is the third largest territory by land mass but also the least populated and most remote region according to the Australian Bureau of Statistics, and the population is in decline. Approximately 30% of the 245,929 Australians who lived in the NT in 2019 are indigenous, compared to 3.3% nationally. Despite its high level of development, disparities in Australia remain wide. This recent report recognises that and a decline in the number of healthcare workers would further exacerbate inequities and put remote and indigenous communities at risk.

The authors of this study have called for a “National Plan for Health and Climate Change” to address the relationship between climate change and health. They recommend that “Health-care workforce supply should be considered in climate-related health risk assessments and adaptation strategies, and climate-related concerns should feature in the national health workforce strategy” (Pendrey et al, e184).


Sources

Pendrey, C., Quilty, S., Gruen, R., Weeramanthri, T. and Lucas, R., 2021. Is climate change exacerbating health-care workforce shortages for underserved populations?. The Lancet Planetary Health, [online] 5(4). Available at: <https://doi.org/10.1016/S2542-5196(21)00028-0> [Accessed 14 April 2021].

Africa’s Leaders Hold COVID-Climate Emergency Summit

14 April 2021 – by Atoosa Gitiforoz

A virtual Climate Emergency Summit, held on the 6th April ’21, hosted by the African Development Bank and Global Centre on Adaptation, saw representatives discuss the challenges of COVID-19 alongside climate change across Africa.

Africa’s leaders called for a scaling-up of finances to combat the effects of climate change across the continent, warning that the COVID-19 crisis has halted climate adaptation efforts.

Gabon President Ali Bongo Ondimba, said: “Every day the thunderstorms seem more violent. Flooding is more frequent and droughts are more severe,” he said. “Crops are failing. People are being forced to flee their homes (and) becoming climate refugees.”

The summit heard that adaptation and resilience finance accounts for only 20 per cent of total climate finance flows. United Nations Secretary-General Antonio Guterres urged G7 members, developed nations and Multilateral and National Development Banks to increase their allocation of climate finance for adaptation and resilience to a minimum of 50 per cent.

Akinwumi Adesina, president of the African Development Bank (AfDB), pointed out that “Just 3% of international climate finance is reaching the continent“, arguing that developed nations have a responsibility to support Africa, given that despite the continent being the lowest emitter of carbon, it faces some of the worst consequences of climate change.

Whilst various climate adaptation efforts by countries across Africa and the AfDB have gone a long way to protect lives and livelihoods (such as green job initiatives, heat-tolerant wheat farms and large-scale land restorations), much more needs to be done through climate adaptation and resilience initiatives to support nations subject to sea level rise, coastal erosion and other climate change related effects.

Going Beyond U.S. Immigration Law to Accept Climate Migrants

13 April 2021 – by Caroline Foley

Introduction

Imagine traveling almost 1,000 miles by foot with your family to have access to drinkable water, leaving behind your community to venture into an unknown land. Eric, his wife, and two children, an indigenous Mayan family from Guatemala were forced to do just that. When the family arrived in the U.S., their two children were diagnosed with anemia. Further test results also showed high levels of lead, which were most likely a result of the rainwater they collected and consumed. When it stopped raining, they had no choice but to walk 2 miles to bring water home. They also tried to dig 20 meters into the ground to find water, but to no avail. At last, they turned to their mayor for help, but unfortunately that, too, failed.[1]

The adverse farming conditions brought by droughts have worsened the crisis in the area in Central America known as the “Dry Corridor.” According to UNICEF, the effects of climate change disproportionately impact particularly indigenous families.[2]  In the San Marcos department in Guatemala, indigenous peoples are faced with droughts caused by climate change that have affected water supplies for human consumption and irrigation. Many parts of Guatemala face desertification, because rainfall is expected to decrease by 60 percent, and the amount of water keeping soil moist may drop by as much as 83 percent.[3] A study predicts that as many as 680,000 climate migrants might be forced to move from Central America and Mexico to the United States between now and 2050.[4] More generally speaking, extreme weather events are the leading cause of migration around the world. The Internal Displacement Monitoring Center estimates that 21.5 million people per year, on average, over the past decade have had to flee their homes due to storms, floods, wildfires, droughts, and other weather events[5]. These events have increased in severity and frequency due to climate change.

Despite the alarming numbers, one of the difficulties in “making a case” for climate migrants is to draw the line between when conflict is created and/or fuelled by climate change, or when it is driven by other factors, such as those of political nature and poverty. In the example of Guatemalans who migrated to the United States, poverty and violence are often cited as the push factors, when often they were a product of the droughts caused by climate change.

Neither does the  U.N. refugee definition cover their ‘status.’ However, there are regional expansions of the “refugee” definition in Latin America and Africa that are gradually becoming accepted  by international organizations and countries; and should, therefore, also be adopted by the United States to address the regional climate migration crisis in Central America.

I. Current Immigration Law in the U.S.

U.S. refugee policy used to recognize that those displaced by “natural calamity” deserved protection. The 1953 Refugee Relief Act defined a refugee as “any person in a country or area which is neither Communist nor Communist-dominated, who because of persecution, fear of persecution, natural calamity or military operations is out of his usual place of abode and unable to return thereto… and who is in urgent need of assistance for the essentials of life or for transportation.”[6] However, the 1980 Refugee Act subsequently eliminated “natural calamity,” and instead adopted the United Nation definition of a refugee, which makes no reference to natural disasters.

Currently, in the United States, there are few options for migrants who left their country primarily because of climate change. One of the options available only applies to migrants who are already living in the United States when the natural disaster takes place, and the other option has not been recognized by any Federal Court in the United States.

  1. Temporary Protected Status

Temporary Protected Status (TPS) is granted to individuals who are unable to return to their countries due to “ongoing conflict, environmental disasters, or extraordinary and temporary conditions.”[7] The Secretary of Homeland Security has the discretion to decide when to designate a country for TPS. Although they often consult with the Department of State and the National Security Council, the Secretary’s decision as to whether or not to designate a country for TPS is not subject to judicial review. A TPS designation is a very short-term resolution as individuals will be protected six, twelve, or eighteen months at a time. At least 60 days prior to the expiration of TPS, the Secretary may extend or terminate a designation based on the conditions in the foreign country. If the Secretary decides against renewing the TPS designation for a certain country, all TPS beneficiaries from that country return to the immigration status held prior to receiving TPS and can become subject to removal. Overall, the benefits of TPS status is limited and only benefit a small portion of climate migrants.[8]

  1. Asylum Law

Another narrow option in U.S. immigration law is asylum law. To qualify for asylum, the individual must be fleeing persecution based on “race, religion, nationality, membership in a particular social group, or political opinion.”[9] Most of the  litigation happens in the context of “membership to a particular group.”Advocates and practitioners are creative in expanding this category before immigration judges and the Board of Immigration Appeals. However, the category of “accepted” particular social groups is limited to only a small portion of asylum seekers, which became even smaller once Donald Trump assumed office. In effect, legal practitioners have been unable to expand “membership in a particular social group” to include people affected by climate change.[10]

Returning to our initial case, people like Eric do not qualify for TPS nor asylum, neither can they return to Guatemala due to both the land conflict and climate-induced water shortage. There is an ongoing push to expand TPS so as to include migrants who are currently not in the U.S. at the time of designation, and to advocate for a broader definition for a “particular social group.” I will attempt to look at how some regions have dealt with local migration within the continent and how, or if, the U.S. could adopt a regional approach and/or a broaden the refugee definition.

II. International Framework for Refugees

Africa and Latin America have acknowledged that the UN Definition of a refugee as per the 1951 Convention fell short in helping migrants displaced within their continents. They have both pushed for bolder policies to expand the definition in order to protect a migrant’s basic right to life.

The Organization of African Unity Convention (“OAU”) of 1969 is a regional expansion to the 1951 United Nations Convention.[11] A specific purpose of the 1969 OAU Convention was to provide additional refugee protection. The broader refugee criteria included in Article I(2) of the 1969 OAU Convention protects people who migrate as a result of “events seriously disturbing public order in either part or the whole” of the country of origin.

It should be noted that the factors that pushed the need for the 1969 OAU Convention are no longer restricted to Africa. The 1969 OAU Convention does not define or limit the concept of “events seriously disturbing public order”. The language allows for interpretations reflecting the ongoing developments in the continent.[12] Although the Convention is silent as to whether victims of natural disasters can legitimately be considered as refugees, the Convention operates as a human rights protection, and “events seriously disturbing public order in either part or the whole of his country of origin or nationality”,[13] can be construed to cover this category.

The OAU Convention inspired the Cartagena Declaration which incorporates a similarly worded extended refugee definition, as well as the doctrine of the Inter-American Commission on Human Rights.[14]  The Declaration recognized the need to protect persons displaced by the unrest in Latin America during the 1980s, which was instrumental in responding to the people displaced by the coup d’etats and generalized government violence that happened in the region. The Declaration’s interpretation is informed by international and regional human rights and humanitarian law, especially the norms and standards of the 1969 American Convention on Human Rights, and the evolving case law of the Inter-American human rights bodies.

While not a treaty, the 1984 Cartagena Declaration is similar to the OAU in that in Conclusion III(3) it recommends that refugees include “persons who have fled their country because their lives, security or freedom have been threatened by … other circumstances which have seriously disturbed public order”.[15] Although the Cartagena Declaration is not legally binding, most Latin American countries have adopted its broader refugee definition by incorporating it within their domestic law or through practice. Even the countries that have not adopted it, have recognized its crucial role in protecting displaced persons in the region, including the United States. This version of the  refugee definition has also been recognized by the Inter-American Court of Human Rights[16], and the General Assembly of the Organization of the American States.[17]

It is important to note that national refugee agencies are in charge of interpreting and applying the refugee definition in the Declaration. Mexico and Brazil, for example, have granted refugee status under the broad definition of the Declaration to more than 53,000 and 46,000 Venezuelan Refugees.[18] In December 2014, 28 countries across the Americas convened in Brasilia to mark the 30th anniversary of the Cartagena Declaration.[19] At the end of the meeting, officials adopted the Brazil Declaration and Plan of Action, agreeing to further the work begun in Cartagena and move toward implementing solutions for displaced persons.[20] The Declaration is currently incorporated by 16 countries and we can see a continuous increase in commitments. While no country in Latin America as of today has interpreted the Cartagena Declaration to grant refugee status based on the effects of climate change and disasters, due to the ongoing developments, it has still been listed, along  with the 1969 OAU Convention, as an example of progress with regard to regional refugee protection.[21]

III. Moving forward

Assessing claims for international protection based on climate change is extremely complex when attempting to apply the  UN 1951 Convention, the OAU Convention, and the Cartagena Declaration. Although, there is currently no real intention to change the  refugee definition, there is certainly a lot of advocacy and conversation happening around the need to recognize climate migrants by the United Nations and country leaders.

For example, in 2020, the UN Human Right Committee in Teitiota v. New Zealand clarified that people seeking asylum are not required to prove that they would face immediate harm if deported back to their home countries because climate-related events can occur suddenly, or over time. Most importantly, Committee members underlined that the international community must assist countries adversely affected by climate change.[22] Furthermore, given that the risk of an entire country becoming submerged under water is one of extreme nature, the conditions of life in such a country may become incompatible with a right to life with dignity before the risk is realized.[23] Although the decision is not binding to the United States, it is a step in the right direction.

Another effort has been the creation of the Migration, Environment and Climate Change Division at IOM, which oversees and supports all policy projects on environment- and climate change-related migration. One of IOM’s goals in managing environmental migration includes providing assistance to affected populations during a disaster and facilitating migration as a climate change adaptation strategy.[24] While the IOM partners with the UNHCR on the issue of resettlement, climate migrants are not a priority as they do not  don’t fall within the 1951 refugee definition.[25]

As for the current refugee program in the United States, participants in the climate migrant resettlement program could be eligible to apply for lawful status if the program was tied to a regional compact on climate displacement like Cartagena or OAU Convention. Though this may not immediately result in greater resettlement opportunities, it could expand protection.

In October 2020 the United Nations High Commissioner for Refugees (UNHCR) issued the Legal Considerations regarding claims for international protection made in the context of the adverse effects of climate change and disasters[26]. The UNHCR established that “people displaced by the adverse effects of climate change and disasters can be refugees under regional refugee criteria” under the “circumstances that have seriously disturbed the public order” prong of the Cartagena Declaration and OAU Convention.[27]

In this regard, the UNHCR concluded that the key question in making a decision regarding eligibility of refugee status under this ground, is whether human dignity has been violated, and if so, whether the state is unwilling or unable to address it. Looking at the refugee definition more broadly, UNHCR concludes that climate change may have significant adverse effects on state and societal structures, individual well-being and the enjoyment of human rights. Additionally, it recognizes that a narrow focus might “fail to recognize the social and political characteristics of the effects of climate change and their interaction with other drivers of displacement”.[28] 

The UN has defined a “disturbance” to public order occurs when there is a disruption to the normal and stable functioning of this order.[29] The “serious” threshold may embrace quantitative and qualitative dimensions and must be assessed on a case-by-case basis, taking into account the nature and duration of the disruption and its consequences on the security and stability of the state and society therein.[30] Whether a disturbance to public order stems from human or other causes is not determinative for concluding a serious disturbance of public order; the central concern is the effect of a given situation. Accordingly, the principal inquiry at the time of assessing a claim for refugee status is whether a serious disturbance to public order exists as a matter of fact, based on an assessment of available evidence.

Both under Cartagena and OAU Convention, the refugee definition requires “circumstances which have seriously disturbed public order”. As such, climate change or a disaster must have an effect on the person’s place of habitual residence and force the person to leave their country. The document gives the criteria to analyze whether the climate change that unfolds is a risk of harm: how the disaster unfolds and develops; the geographical proximity of the disaster to the person’s place of habitual residence; how it affects their life, physical integrity, liberty and enjoyment of other human rights; and how the State responds.[31]

Lastly, the document highlights that if there is a real risk of being subjected to serious harm, that person has the right to be protected from irreparable harm by Articles 6 (right to life) and 7 (prohibition of torture and cruel, inhuman or degrading treatment or punishment) of the International Covenant on Civil and Political Rights.[32] In addition to the UNHCR report, the Rio Declaration on Environment and Development, also highlights the link of healthy environment and human rights when it stated that human beings need to be at the center of concerns for sustainability and should be entitled to a healthy life in “harmony with nature.”[33]

Conclusion

The Biden’s administration has taken an interest in the protection of climate migrants. On February 4, 2021, the Biden administration ordered a report on climate change and its impact on migration, including forced migration, internal displacement, and planned relocation, to be submitted in 180 days.[34] This report will include options for protection and resettlement of individuals displaced directly or indirectly from climate change and mechanisms for identifying such individuals. Most importantly, the Biden administration requests that the report looks at opportunities to work collaboratively with other countries to respond to “migration resulting directly or indirectly from climate change”.[35]

It is crucial that the United States, as well as the rest of the world, recognize how interconnected we are, especially to neighboring countries. The Cartagena Declaration and OAU Convention, although imperfect, are a step towards realising our shared responsibility within our continents to protect families like Eric’s.

This article is part of our Spring 2021 collaboration with students from the International Human Rights Clinic at the Western New England University.


Caroline Miranda Foley is a law student at Western New England, Massachusetts. She has worked in immigration law for the past ten years and is passionate about access to justice, especially in the immigrant community. She has been an immigrant in the United States for over 15 years, and is very tied to the Brazilian and other Latino community where she resides. 


References

[1] The author of this piece worked on this immigration case personally. The names were changed to protect anonymity.

[2]John Vidal, How Guatemala is Sliding into Chaos in the Fight for Land and Water, The Guardian (Aug. 19, 2018), https://www.theguardian.com/world/2018/aug/19/guatemala-fight-for-land-water-defenders-lmining-loging-eviction.

[3] Abraham Lustgarten, The Great Climate Migration has Begun, NY Times, https://www.nytimes.com/interactive/2020/07/23/magazine/climate-migration.html (last visited Apr. 1, 2021).

[4] Id.

[5] Erol Yayboke, A New Framework for U.S. Leadership on Climate Migration, CSIS (Oct. 23, 2020), https://www.csis.org/analysis/new-framework-us-leadership-climate-migration.

[6] Maria Cristina Garcia, Does the United States Need a Climate Refugee Policy?, Historical Climatology (Apr. 25, 2019), https://www.historicalclimatology.com/features/does-the-united-states-need-a-climate-refugee-policy.

[7] See footnote 4.

[8] Temporary Protected Status: https://www.uscis.gov/humanitarian/temporary-protected-status

[9] Convention and Protocol Relating to the Status of Refugees (1951 & 1967), https://www.unhcr.org/3b66c2aa10.html.

[10]Shea Flanagan, “Give me your Tired , your Poor, your Huddled Masses”: The Case to Reform Asylum Law to Protect Climate Change Refugees, De Paul J. for Soc. Justice (2019), https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1202&context=jsj#page=23.

[11] Persons covered by the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and by the Cartagena Declaration on Refugees (Apr. 6, 1992), https://www.unhcr.org/en-us/excom/scip/3ae68cd214/persons-covered-oau-convention-governing-specific-aspects-refugee-problems.html.

[12]Legal Considerations Regarding Claims for International Protection Made in the Context of the Adverse Effects of Climate Change and Disasters, UNHCR (Oct. 1, 2020), https://www.refworld.org/docid/5f75f2734.html.

[13] Id.

[14] Summary Conclusions on the Interpretation of the Extended Refugee Definition in the 1984 Cartagena Declaration (Oct. 2013), https://www.unhcr.org/53bd4d0c9.pdf.

[15]  Cartagena Declaration 1984: https://www.oas.org/dil/1984_cartagena_declaration_on_refugees.pdf

[16]Advisory Opinion OC-25/18, Inter-American Court of Human Rights (May 30, 2018), https://www.refworld.org/docid/5c87ec454.html.

[17] Proteccion de los Solicitantes de la Condicion de Refugiado y de los Refugiados en las Americas, OAS (Jun. 5, 2012), https://www.oas.org/es/sla/ddi/docs/AG-RES_2758_XLII-O-12_esp.pdf.

[18] The Cartagena Refugee Definition and Venezuelan Displacement in Latin America, International Migration (Dec. 2, 2020),  https://onlinelibrary.wiley.com/doi/10.1111/imig.12791?af=R.

[19]Regional Refugee Instruments & Related, Brazil Declaration and Plan of Action, 3 December 2014, available at: https://www.refworld.org/docid/5487065b4.html.

[20]Marissa Esthimer, Protecting the forcibly Displaced: Latin America’s Evolving Refugee and Asylum Framework, Migration policy Institute (Jan. 14, 2016), https://www.migrationpolicy.org/article/protecting-forcibly-displaced-latin-america-evolving-refugee-and-asylum-framework.

[21] The Cartagena Declaration at 35 and Refugee Protection in Latin America, E-International Relations (Nov. 22, 2019), https://www.e-ir.info/2019/11/22/the-cartagena-declaration-at-35-and-refugee-protection-in-latin-america/.

[22] UN Human Rights Ruling could Boost Climate Change Asylum Claim, UN News (Jan. 21, 2020),  https://news.un.org/en/story/2020/01/1055671.

[23] Ioane Teitiota v. New Zealand, CCPR/C/127/D/2728/2016, UN Human Rights Committee (Jan. 7, 2020), https://www.refworld.org/cases,HRC,5e26f7134.html.

[24] Migration, Environment and Climate Change Division, IOM, https://www.iom.int/migration-and-climate-change.

[25] See footnote 4.

[26] See footnote 11.

[27] Id.

[28] Id.

[29] Key Concepts on Climate Change and Disaster Displacement, UNHCR, www.unhcr.org/protection/environment/5943aea97/key-concepts-climate-change-disaster-displacement.html.

[30] Id.

[31] See footnote 11.

[32]International Covenant on Civil and Political Rights, OHCHR (Dec. 16, 1966), https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

[33]Report of the United Nation Conference on Environment and Development (Aug. 12 1992), https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_CONF.151_26_Vol.I_Declaration.pdf.

[34]  Executive Order on Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migtation: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/04/executive-order-on-rebuilding-and-enhancing-programs-to-resettle-refugees-and-planning-for-the-impact-of-climate-change-on-migration/

[35] Id.