Author: Earth Refuge

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Five things I Learned From the International School of Climate Migration

11 October 2022 – by Alison Elizabeth Lee

I was very excited when the email arrived in my inbox last May informing me that I had been accepted to the first-ever International School on Climate Migration (ISCM), hosted by Earth Refuge and the Department of Development Studies at SOAS University of London. As a sociocultural anthropologist, I hoped to learn more about ways to investigate climate migration using ethnography in rural and peri-urban areas of Mexico. Although I had been studying migration from Central Mexico to the US for many years, changing environmental conditions and international reports about “climate refugees” piqued my curiosity about how environmental factors shaped migratory flows.

The ISCM brought together experts addressing climate migration from different angles, (especially in Africa, India, and Southeast Asia) and perspectives, such as those of community leaders, activists, peacekeepers, lawyers, development specialists, and academics. Stretched across multiple time zones and connected through Zoom, over the course of five weeks, they shared on-the-ground experiences working with climate migrants and diplomatic, legal, and community efforts to address climate migration. The experiences of those most vulnerable to changing environmental conditions, as well as the historical processes and structural factors that created their vulnerability, often took center stage in our discussions. The ISCM successfully brought to life the complexity of this issue and some of the ways people are imagining better futures. Here are my five takeaways from the ISCM.

1. It’s difficult to distinguish climate migrants from other people on the move

Which factors determine when people move, how they move, who they move with, and where they go? Since the 19th century, researchers have studied the many drivers of migration. The voluminous research on migration theory has mapped out how economic, social, cultural, and political factors shape mobility in different times and places. There is a consensus among 21st century researchers that migration will not be caused by environmental factors alone. Rather, climate and environmental change will act as “threat multipliers” that will exert further pressure on the economic, social, cultural, and political factors which have always been important in shaping mobility. Even in the case of abrupt, sudden changes (for example, flooding caused by stronger and more frequent hurricanes), previous circumstances and underlying conditions shape who can leave, where they can go, and which resources they have access to.

2. Some people are more impacted by climate change and mobility than others through ongoing legacies of colonialism

Some communities and social groups are already suffering, and some will suffer to an even greater degree, from more frequent heatwaves and drought, rising sea levels, and more frequent and intense storms and flooding. Women and girls, indigenous peoples, more economically vulnerable people, racialized communities, and migrants are more vulnerable to environmental change because of ongoing legacies of colonialism. Colonialism subjugated non-Europeans – dispossessing them of land and other material resources, as well as their autonomy and independence. These processes of dispossession continue in the present, both through ongoing, and often violent, appropriation of resources and the failure to recognize and respect the rights of marginalized groups. Furthermore, many so-called solutions to environmental and social change—designed without the input of indigenous groups and those who are economically vulnerable— exacerbate the existing challenges which communities are facing in trying to mitigate and adapt to changing conditions. It is paramount to account for the legacies of colonialism in our understanding of climate-induced displacement, as well as in the programs and policies now being developed and implemented to address it.

3. Where someone has a right, another has a duty: We need to build a legal toolkit that protects people displaced by climate change

Although the term “climate refugee” has gained currency in policy circles and popular usage, the reality is that refugee law—the 1951 Refugee Convention in particular—is not necessarily an adequate legal tool to protect people displaced by climate change. The Convention is best equipped to assist people fleeing persecution based on “race, religion, nationality, membership of a particular social group or political opinion”. Moreover, the impacts of climate are extremely varied, therefore it will be difficult to arrive at a single definition of “climate migrant” that will protect people and not exclude others who may be equally deserving and in need of protection. An alternative is a human rights-based approach to disaster and climate related displacement. In other words, determining how environmental change violates human rights can become a pathway to holding states accountable to their citizens. This accountability would apply to different phases of displacement: in the period prior to displacement, including prevention and preparedness for disasters, during evacuation and displacement, and finally, in the creation of durable solutions. Therefore, legal solutions should be fine-tuned to local conditions to attend to the specific circumstances that different communities face.

4. The relationship between climate change and conflict needs to be contextualized to find locally sustainable and durable solutions

It is well-established that there are now more people displaced as a result of natural disasters than political conflict, and that these displacements are happening all over the world. At the same time, disasters and politics are more frequently acting together to create displacements. In fact, 95% of new displacements in 2020 occurred in countries that have high or very high levels of vulnerability to climate change. Despite these general macro-scale correlations, however, establishing causation is more difficult. Experts clearly outlined how important it is to carefully contextualize people’s experiences with climate change impacts and conflict. Climate change may introduce new threats to livelihoods and/or exacerbate ongoing economic, social, and political problems that may lead to displacement.  If they are to be effective, responses to conflict must be grounded in the specific local situations. Universal ideas—including that climate migration will result from greater and more violent competition for resources, for example—are damaging because they can result in bad policies. In another example, we learned that resettling populations to reduce the risk of hazards can be a violent process, one that silences and erases community histories. Such a process may generate more conflict instead of reducing it. The knowledge(s) and experiences of the people at the heart of conflict must be privileged in the process of creating durable solutions. In the words of one expert: “Solutions must be owned by the people who will live with them.”

5. How mobility is framed matters in science and policy

Researchers have pointed out that the idea of “climate refugees” is problematic because it stokes fears that people displaced by climate change will threaten national security of the countries of the Global North, place burdens on social welfare programs, and negatively affect the cultures and traditions of destination countries. These fears have been exacerbated by populist politicians who capitalize on the othering of migrants, convincing their constituents of the need to increase border control and further restrictions of legal paths to migration. In response to this, the idea that mobility is an adaptation to climate change has gained acceptance among academics and policy makers. This puts a positive spin on migration and highlights how migrants have agency and make appropriate decisions for themselves and their households in the face of changing environmental circumstances. However, this framing can also be problematic because migration may not always be adaptive. Whether or not migration will increase individuals’ and households’ wellbeing will likely be related to whether they had time to plan prior to migrating, as well as the conditions at the destination to support migrants once they arrive. What’s more, even if material wellbeing is achieved through migration, resettling can nevertheless lead to a sense of loss, especially with respect to cultural heritage, identity, and territory (see point 4).  Finally, migration as adaptation can let powerful actors—such as those who created the unlivable conditions which forced communities to migrate in the first place—off the hook, shifting the focus onto migrants and away from the root causes of displacement.

Resist grand narratives, focus on specifics

My main takeaway from the ISCM was to resist the grand narratives about climate migration. Our understandings of the multiple drivers of different migratory flows must be contextualized in specific histories, environmental contexts, ongoing processes of dispossession, and migrants’ agency and possibilities in sending, transit, and destination countries. Prevention, preparedness, response, and the construction of durable solutions will not be successful without meaningful collaboration with the people affected by climate-induced displacement. Their voices, needs, desires, and experiences must be at the center of efforts which respond to climate migration in specific places.

Found this article interesting? You can learn more about the International School of Climate Migration here.

Alison Elizabeth Lee is a sociocultural anthropologist at the Universidad de las Américas Puebla. Her research focuses on international migration, gender, borders, and political economy.

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A Case Study of Tai O: Are Hong Kong’s Policies for Climate Change-Induced Displacement Adequate?

January 2021 – by Chloe Ching, Bella Lo, Maria-Coletta Huda, Nathan Burgard & Ioannis Kyriacou

The below field research was conducted by law students from the University of Hong Kong in collaboration with Earth Refuge’s Legal Education Department. Not many edits were made to maintain the authors’ tone of voice.

The gravity of the impact of climate change upon Tai O’s community speaks to the necessity for measures to be put in place to urgently safeguard the rights of those living there. In the aftermath of the 2008 typhoon, detailed research led to new policies being brought into force, designed to protect Tai O residents from future climate-induced harm. However, there is a scarcity of follow-up research in recent years, which provides little accountability to the affected population following the implementation of such policies.

The needs of Tai O residents, obtained through surveys and in-depth dialogues, were consolidated in Tai O under climate change: A preliminary study into the sophistication of emergency responses of Tai O residents, a report put together by the Carbon Care InnoLab, the Tai O Sustainable Development Education Workshop and the Hong Kong Jockey Club Disaster Preparedness and Response Institute, with the help of other NGOs such as the Hong Kong Young Women’s Christian Association (the “2016 report”). Focusing on accounts of the aftermath of Typhoon Hagupit, the detailed impacts of climate-change-induced typhoons are also documented in the 2016 report. 

Building upon the perspectives brought to light by the 2016 report, this field research examines whether existing policies that are meant to protect Tai O residents are adequate. Before concluding, this report will also briefly provide suggestions of improvement. In order to conduct this research, authors of this report met with two NGOs, Tai O Sustainable Development Education Workshop (“Tai O Workshop”) and Hong Kong Young Women’s Christian Association (YWCA) Tai O Community Work Office (“YWCA”). They also talked to two representatives of the Tai O Rural Committee, which is the only officially-recognised bridge between the government and the community: Ho Siu-Kei, Chairman of the said Committee and an Ex-officio Member of the Islands District Council; Wong Yung-kan, Representative of Fishermen in the same committee (“Rural Committee”). These interviews were all conducted in Tai O in November 2021.

HKU x Earth Refuge Field Research: Tai O Hong KongDownload
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Why India Needs to Prioritize Climate Adaptation Over Mitigation

Looking out towards the imposing Mehrangarh Fort in the Blue City of Jodhpur, India.

27 July 2022 – by Skand Agarwal

At COP26, India’s Prime Minister Modi announced the country’s commitment to become a net-zero carbon emitter by 2070. Alongside this, the adoption of the country’s 2022 Green Hydrogen Policy also displays further dedication to achieve this ambitious plan – including supplying up to 50% of the nation’s total energy through renewable sources by 2030.

However, despite the government’s claims of environmental action, India had become the world’s third-largest emitter of carbon dioxide by 2020 (with China and the US respectively ranked first and second).

This is especially concerning given the questions surrounding India’s capability to adapt to climate change. Several Intergovernmental Panel on Climate Change (IPCC) Assessment Reports have concluded that countries like India, Pakistan, and Bangladesh are some of the most climate-vulnerable countries in the world. In recent years, India has experienced an increase in environmental disasters – such as cyclones, glacier melts, heat waves, floods, and more. In March 2022, the country recorded its hottest temperatures in 122 years. Some two months later, temperatures in several of India’s states had reached a new high of 49ºC (120ºF).

The Impact of Extreme Weather

The recent increase in heatwaves has already had a severe impact on the country’s economy and healthcare system, as well as its agricultural industry. In May 2022, some of the most affected areas of the country saw wheat yields drop by up to 50% – worsening the fears over a global wheat shortage related to the Russian government’s invasion of Ukraine in late February 2022.

What’s more, agricultural workers in the country are also facing a number of challenges. As a result of climate change, summer months are beginning earlier in the year, which can disrupt crop cycles and harvest seasons. Sporadic and prolonged summers months are also making it more difficult to predict monsoon seasons, meaning India’s farmers need to find new ways to adapt to more erratic weather patterns – or migrate to areas with more suitable growing conditions.

Farmers are not the only group of people who are affected by the earlier onset of summer. As a result of higher temperatures, an unprecedented demand for electricity (alongside a coal shortage) has led the entire population to face one of its worst electricity crises in decades. Some states such as Haryana, Uttar Pradesh, Bihar, and Punjab are experiencing load shedding for up to eight hours per day – worsening the food crisis as many people are left unable to store refrigerated goods at home.

Rainfall levels are also becoming more unpredictable in India. For instance, the northeastern state of Assam has experienced significantly high levels of pre-monsoon rainfall, which have led to state-wide flooding. Moreover, this extreme weather caused one of the country’s major rivers, the Brahmaputra, to overflow – affecting around 500,000 people across 1,500 villages. And while India’s National Disaster Management Authority (NDMA) is providing aid and support to the affected people, the sudden influx of migration to surrounding cities has undoubtedly added pressure to local administrations which we already struggling to meet demand.

But flash floods are not an uncommon phenomenon in the state of Assam. According to statistics from the Government of Assam’s Water Resources department, the region experiences three to four floods per year. Not only do these floods displace millions of people annually, they also cause extensive environmental degradation such as coastal erosion. However, despite how concerning these natural disasters are, local governments have failed to implement effective climate adaptation plans that can predict upcoming floods.

Climate Mitigation in India

In order for India to deal with these ever-worsening problems, climate mitigation strategies are essential, but the government also needs to grant equal focus to adaptation techniques. Studies indicate that it can take decades to achieve positive results from implementing climate mitigation strategies. In fact, one of the key findings of the IPCC’s sixth Assessment Report (AR6) was that between 2010 and 2019, the highest-ever levels of global greenhouse gas emissions were recorded – despite multiple international efforts to mitigate the impact of climate change since the 1990s.

This is especially concerning for India. The World Meteorological Organization (WMO) reported that since 1986, the Indian subcontinent has been facing an increasing number of heatwaves. What’s more, it predicts that the intensity, duration, and frequency of these heatwaves will significantly increase in the coming years.

So how is the Indian government working to mitigate and adapt to these rapidly changing climates – if at all? In 2015, India launched its National Adaptation Fund for Climate Change (NAFCC) with a budget allocation of 3.5 billion rupees (350 crores, or around US $44 million). However, research from The Indian Express found that since 2017, the grants released from the NAFCC have been steadily declining. Between 2017 and 2018, the government spent around 115 crores (around US $14.5 million), whereas between 2021 and 2022, only 27.8 crores (around US $350,000) were used to fund climate adaptation strategies.

There have been an increasing number of calls for the Indian government to implement more heatwave adaptation strategies, such as the ones enacted in the city of Ahmedabad in 2013, following on more than 1,300 deaths during a heatwave in 2010. Since the implementation of this strategy, the city has prevented around 1,100 deaths each year.

However, a significant proportion of the country’s population still remains vulnerable to the impact of climate change – particularly those who live in slum areas, as well as agricultural workers. It’s evident that death rates attributed to the effects of extreme heatwaves are still increasing. This is largely because of economic vulnerability, as day laborers and slum populations are forcibly more exposed to excessive heat levels for prolonged periods of time.

A Move Towards Mitigation

Models can be used to predict the early onset of heatwaves, including tools developed by the WMO and the India Meteorological Department (IMD). But the government still has an obligation to develop and implement more short and long-term solutions that not only protect people from climate-related health hazards, but also provide solutions that help to safeguard the livelihoods of more vulnerable communities. Moreover, these solutions should be implemented alongside community rehabilitation programs, widespread health and safety awareness campaigns, and localized economic programs across the country.

India has a varied climate; while the north faces extreme heatwaves, the northeast of the country is experiencing flash floods. These differences only serve to strengthen the case that the government needs to develop localized programs to mitigate and adapt to region-specific climate disasters.

Undoubtedly, climate mitigation is important, but it is certainly not sufficient for such a climate-diverse country like India. Findings from several IPCC reports have proven that to successfully handle issues related to climate change, both mitigation and adaptation strategies need to be implemented together. India has already heavily invested in climate mitigation, but it is now time for the country’s government to do the same with climate adaptation.

Found this article interesting? Make sure to read to read our article on how technology, policy, and social efforts are key for the future of climate change mitigation in India.

Skand Agarwal currently studies Transnational Governance, with a specialisation in climate change and environment, at the European University Institute in Florence, Italy.

Born in India, Skand has experience working with military think tanks, media houses, and in environmental activism, through which he aims to contribute to South Asia’s climate adaptability and resilience, while also advocating for the much-ignored rights of climate migrants. Skand also contributes to Earth Refuge’s Faces podcast series.

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Vanishing Cities: How Bangkok is Sinking into the Sea

A Buddhist temple on the banks of the Chao Phraya river.

This thesis was submitted to the Western New England University School of Law in 2022 – by Ashley Rivera

Abstract

The city of Bangkok is sinking into the ocean at an alarming rate. Some parts of Bangkok are facing sinkage rates of between one to two centimeters a year, and the sea level rises up to four millimeters each year. A combination of climate and infrastructure crises is causing families to be displaced and entire villages destroyed. Extreme measures must be taken to preserve what is left of the Thai capital. If not, the city is sure to vanish.

Vanishing Cities: How the City of Bangkok is Sinking into the SeaDownload

Ashley Rivera is a law student at Western New England University School of Law, where she has a great interest in environmental and human rights law, and hopes to practice in these fields upon graduation. She is co-founder and co-president of the Environmental Law Coalition, where she teaches other students about sustainability, activism, and other ways to get involved in environmental protection. Ashley believes that human rights and environmental justice go hand-in-hand as humans have a right to live in an environment free from toxic pollution, and access to the natural resources needed to survive and prosper.

No edits have been made to maintain the author’s tone of voice.

Was this thesis interesting? Make sure to check out our article on Jakarta: the world’s fastest-sinking city.

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Climate Change and Flooded Cities: A Tale of Human Ingenuity

This thesis was submitted to Western New England University School of Law in 2022 – by Brendan McCarthy

Abstract

We must redesign our coastal cities to mitigate the damage caused by increased storm frequency and severity. To do so, we must elevate environmental urban planning to the forefront of urbanization, so that we are able to adequately mitigate the resulting damage caused by rising sea levels, more powerful storms, and coastal flooding.

Climate Change and Flooded Cities: A Tale of Human IngenuityDownload

Did you enjoy reading this thesis? Make sure to read our article on floods in Bangladesh and beyond.

I am a rising 3L at the Western New England University School of Law with an interest in practicing environmental law upon graduation. Due to this interest, I helped revive the dormant Environmental Law Coalition to bring environmental awareness and sustainability to the forefront of conversation at the school. I graduated from Fairfield University with a double major in Environmental Studies and American Studies, and my time at Fairfield helped solidify my desire to work in the environmental field. I possess a strong belief that the protection of our natural world is necessary to promote human health and wellbeing, and I aim to strengthen these protections as I embark on my legal career.

No edits have been made to maintain the author’s tone of voice.

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Legal Protection for Climate Refugees under the Principle of ‘Loss and Damage’: A Case Study of South Asia

This thesis was submitted to SOAS in 2021 – by Ayesha Shingruf

Abstract

The onset of extreme weather events is creating drastic challenges for people around the world. Studies have shown strong links of climate change with the displacement of people, suggesting that the world will experience unprecedented levels of climate refugees. Because of the increase in the severity and frequency of intense weather conditions, refugee movements will be seen both internally and across international borders. This poses a serious question within international and domestic laws for their ability to offer protection to those displaced by climate change. By offering a case study of South Asia – a region containing some of the world’s most vulnerable countries to climate variability – this paper examines regional laws and policies as well as specific international principles as they relate to refugees. In particular, this research looks at the potential of the Warsaw International Mechanism (WIM) for Loss and Damage to arrive at possible pathways to safeguard rights for climate refugees. Using a human rights based-approach, this paper maintains that the principle of loss and damage will create channels for legal protection to those fleeing their homes due to the harsh changes in their environment.

Legal-Protection-for-Climate-Refugees-under-the-Principle-of-Loss-and-DamageDownload

What inspired you to write and research this piece?

I was born and raised in Lahore, Pakistan. For years, urban cities in Pakistan have consistently ranked as being the most polluted in the world, and some regions have experienced intense flooding and heatwaves. Similar patterns can be seen in India and Bangladesh as well. South Asia is collectively suffering the consequences of this global crisis on its agriculture, economy, human health, and livelihoods as we speak. There is a sense then, of people wanting to move to a different place to live a healthier and safer life. Those who pay attention to this crisis know that migratory movements caused by climate change are already occurring. Unfortunately, such movements will only increase in severity owing to the rise in temperatures coupled with regional conflicts. I wanted to address the fact that there is an absence of legal tools that can offer protection to climate refugees, and explore different frameworks that would help in safeguarding their human rights.

What impact do you hope this research will have?

There is minimal literature and discourse on climate refugees within the context of South Asia. This is alarming because the region is one of the most vulnerable to the impacts of climate change. My only hope is that this drives significant conversation so that attention is paid to this looming threat. This is a collective fight, and a lot of research needs to be carried out to arrive at efficient policies for climate refugees. I look forward to students and academics exploring more pathways that can legally aid climate refugees in the future.

Ayesha Shingruf is a research fellow in climate change education and sustainability at Nottingham Trent University. She is interested in exploring the interplay of climate change, migration, and conflict. Ayesha completed her postgraduate degree in human rights law from SOAS, University of London. In her free time, Ayesha enjoys yoga, surfing, trying new foods, and reading a lot of poetry.

No edits have been made to maintain the author’s tone of voice.

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A Country in ‘Fight and Flight’ – Analysis of the Challenges of a Hybrid Adaptation Policy for the Republic of Kiribati

This thesis was submitted to the University of Sussex in 2021 – by Louisa Gaus

Abstract

The influence of climate change on migration flows is a highly disputed topic, furthermore, the discourse about whether migration is a failure to adapt or an adaptive strategy emerges. The Republic of Kiribati has imminent adaptation needs due to the high dependency of the population on local ecosystems for subsistence and income, prevailing development issues, rapid population growth, and projected climate change impacts. The previous and current administrations deployed otherwise opposing adaptation approaches. Namely, ex situ adaptation, which inevitably leads to relocation, and in situ adaptation policies, approaches deployed ‘in the place’ of residence. Nevertheless, the significant negative implications of a sole prioritisation of one of these approaches suggest an alternative policy. This research argues, alongside other scholars, the emergent need for a hybrid adaptation policy. The aim is to answer the question if in situ and ex situ adaptation approaches can be harmonised or are due to their inherent characteristics incompatible in practice, and, from a practical perspective, what challenges such a hybrid adaptation policy encounters. The findings suggest that, in theory, in situ and ex situ adaptation approaches can be harmonised. However, due to the practical limitations stemming from the economic challenges and the lack of international law frameworks supporting cross-border migration, these adaptation approaches cannot yet be united into a hybrid adaptation policy in Kiribati.

A-Country-in-‘Fight-and-FlightDownload

What inspired you to write and research this piece?

In my opinion, the polarized debate about ex situ and in situ adaptation leaves little space for flexible decision-making. This inspired me to explore this what-if scenario of a hybrid adaptation policy practically.

What impact do you hope this research will have?

Hopefully, this research inspires us to think about climate change and migration not as a ‘fight or flight’ situation, but as an issue which is handled with a solution-oriented perspective and flexible short- and long-term planning.

Growing up in a small town in Southern Germany, I was always curious about other parts of the world. In my community, I engaged from a young age in youth work, such as leading a youth group. In 2015, after graduating from school, I underwent a Voluntary Social Year in the Republic of Kiribati. This stay awakened my passion for climate action and working in an international environment. After returning from overseas in 2016, I followed that passion and started studying ‘International Relations’ at the Rhine-Waal University of Applied Sciences. In 2019, I had the opportunity to intern at the Regional Program for Climate Change and Energy Security of the Konrad Adenauer Foundation and the Hong Kong-America Center in SAR Hong Kong.

In my Bachelor’s thesis, which was submitted in 2020, I researched the impacts of climate change on public health. In 2020, inspired by my past experiences and studies, I started my Master’s degree in ‘Climate Change, Development and Policy’ at the University of Sussex and Institute of Development Studies in Brighton, UK. The result thereof is my thesis on adaptation policies in the Republic of Kiribati. Currently, I am interning at the Gesellschaft für Internationale Zusammenarbeit in Berlin, Germany, and am eager to further engage myself in climate action. In my free time, I enjoy climbing, hiking, doing DIY projects (such as cutting my friends’ hair), and playing the violin and the ukulele.

No edits have been made to maintain the author’s tone of voice.

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Investing Bilateral and Regional Agreements to Accommodate Climate-induced Migration

blue body of water

This thesis was submitted to the University of Pennsylvania in Spring 2021 – by Rachel Steinig

Abstract

Climate change has already begun causing displacement. This isn’t a new problem: since 2008, an average of 24 million people have been displaced each year by catastrophic weather disasters. There are currently at least 100 million forcibly displaced people worldwide – this is the highest level on record ever. However, climate migrants are not considered refugees under international law, according to the definition of a refugee adopted in the 1951 Geneva Convention on Refugees, and thus lack legal protections. In my thesis I investigated the role of existing bilateral and regional agreements to provide protection and asylum for climate refugees. My research question was: what are the conditions under which states agree to legally binding instruments to accommodate climate-induced migration? I collected nine case studies of bilateral and regional agreements that have either been implemented and have provided protection for climate-displaced persons or have been proposed but never implemented. My study presents somewhat of a grim picture for climate-displaced persons. None of my nine case studies provided a convincing example of the feasibility of using current regional or bilateral agreements to accommodate climate-induced displacement. In addition, most governments proved unwilling to even acknowledge climate displacement as a phenomenon. 

Investing-Bilateral-and-Regional-Agreements-to-Accommodate-Climate-induced-MigrationDownload

What inspired you to write and research this piece?

Climate-induced displacement will only be increasing throughout time, and the fact that people displaced by climate change are not considered refugees under international law means that an increasing number of displaced people will be without legal protection or remedy. There isn’t a lot of existing research on the intersection of climate change, migration, and international law, so through my study I wanted to contribute to the budding literature on this topic and explore the feasibility of a potential solution to the lack of international legal protections for climate-displaced persons. 

What impact do you hope this research will have?

Climate-included displacement is a phenomenon that will only be increasing in severity throughout time and requires attention and action at the local, national, and international levels. A key takeaway from my study is that there are no easy answers or solutions to climate-displacement, and that countries of destination will likely oppose the acknowledgement of and accommodation of climate-displaced persons. I hope that my study will positively contribute to the literature and that the amount of research on this topic will increase throughout time.

Rachel Steinig (they/she) works with asylum-seekers in Tijuana as a Project Coordinator with the Border Rights Project of Al Otro Lado, a bi-national legal aid nonprofit. They graduated from the University of Pennsylvania in 2021 with a bachelor’s degree in Political Science, a concentration in International Relations, and triple minors in Latin American and Latinx Studies, Spanish, and Modern Middle Eastern Studies.

She spent the summer after graduation volunteering at a migrant shelter on the Mexico-Guatemala border. In July they will be moving to central Mexico to work as a Human Rights Accompanier with the organization Peace Brigades International. They are dedicated to working in solidarity with asylum-seekers to combat the structural racism and violence of our immigration system and to advocate for a world without borders. She plans on working in international human rights law. 

No edits have been made to maintain the author’s tone of voice.

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Can the International Criminal Court Prosecute Ecocide?

low-angle photography of tall tress during daytime

27 May 2022 – by Mary Rizk

On 22 June 2021, an international expert drafting panel commissioned by the Stop Ecocide Foundation shared its proposal for a fifth crime under the Rome Statute of the International Criminal Court (ICC). After approximately a year of negotiations, the new legal definition for the term “ecocide” emerged and was highly praised by a number of environmentalists. However, many are concerned about how the crime of ecocide could be prosecuted in practice.

The New Proposed Definition

The panel of international lawyers defined ecocide as “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts”. If the introduction of this definition is welcomed and the efforts to criminalise ecocide are successful, the ICC would effectively be able to hold accountable those responsible for major ecological harms, such as governments and corporations.

The panel described “wanton” to mean: “reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated” and “severe” as: “damage which involves very serious adverse changes, disruption, or harm to any element of the environment, including grave impacts on human life or natural, cultural, or economic resources”. According to Phillipe Sands, who co-chaired the expert panel, the definition catches “the most egregious acts”, such as major oil spills and transboundary nuclear accidents.

The History of Ecocide

The battle for the recognition of ecocide as an international crime has been a lengthy and challenging process. 

The term ecocide was first used in the 1970s, particularly in relation to whether the US was creating an ecocide in Vietnam during the war. In 1970, when speaking at the Conference on War and National Responsibility, Professor Arthur W. Galston suggested that there should be “a new international agreement to ban ecocide”. In 1972, at the United Nations (UN) Conference on the Human Environment, Swedish Prime Minister Olof Palme explicitly described the Vietnam War as an “ecocide”. In 1985, the concept of ecocide resurfaced with a failed attempt to add ecocide to the Genocide Convention. Furthermore, the UN’s International Law Commission decided not to include “environmental crime” as an independent crime in its Code of Crimes against the Peace and Security of Mankind.

In 2016, there was a shift in focus for the ICC, mainly in response to criticism for its unwillingness to investigate major environmental crimes at the time. The ICC’s Office of the Prosecutor, under former ICC Prosecutor Fatou Bensouda, published a policy paper which stated that the ICC would “prioritise” the prosecution of governments and individuals for environmental crimes, such as illegal exploitation of natural resources and land-grabbing.

Challenges in Applying the Ecocide Term

The ICC only has jurisdiction over natural persons, so it does not have jurisdiction to investigate and prosecute corporations. Therefore, where there has been alleged corporate involvement in ecocide, a corporation itself cannot stand before the court because (legally speaking) it is not a natural person. A further hurdle would be which of its corporate officers would be held accountable for the alleged crime of ecocide.

Additionally, a member of the expert panel, Christina Voigt stated that regardless of the exact wording to be adopted by State Parties, altering the Rome Statute to include the crime of ecocide will not be an easy accomplishment. Voigt notes that there will be difficulty in building broader political support and global cooperation around the definition. Thus, it appears that formulating a legal definition is just the first step: a member state needs to propose it to the ICC, thereafter it would need to be approved by a majority of ICC States.  If the law is adopted into the Statute, harming nature or the planet will start to feel similar to harming humans. Nonetheless, the process of debating the definition will most likely take numerous years, while some argue it could take decades.

States such as  France, Belgium, and Canada  have voiced their support for ecocide to be recognised as a crime. However, it is important to note that the world’s top polluters, such as the United States, China, and India, are not members of the ICC.

The ICC is an autonomous and permanent court, established to investigate, prosecute, and try individuals accused of committing the most serious crimes of concern to the international community – namely genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC does not replace national criminal justice systems, it complements them. It can investigate and, where warranted, prosecute and try individuals as a “last resort”, for instance, where proceedings are unduly delayed.

The proposed definition could be a historical development for the entire world as environmental damage is growing dramatically. The existence of “ecocide” will amplify the issue of the environment. If ecocide were to be recognised in international law, corporations, as well as governments, would be held responsible for environmental damage. They would be forced to take the issue seriously and would not escape the consequences without punishment. Immediate action should be taken by including “ecocide” as the fifth international crime against peace.

Did you enjoy reading this piece? Then read our article on why the UK Parliament considered joining an independent expert panel in recommending ‘Ecocide’ as a new crime for ICC.

Mary Rizk is currently undertaking the Bar Professional Training Course at BPP Law School. She holds an LLM from Queen Mary, University of London. Mary has a particular interest in international human rights, criminal, and social justice issues.

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More Than a Transaction: Indigenous Land Reconciliation in the US and Australia

green trees near river under blue sky during daytime

4 May 2022 – by Ben Chappelow

In September 2021, after four years of negotiations, Australia’s Queensland government returned four national parks to the Aboriginal Eastern Kuku Yalanji peoples. Spanning some 400,000 acres, these parks include the UNESCO World Heritage-listed Daintree Rainforest – the world’s oldest remaining rainforest.

The Eastern Kuku Yalanji peoples and the Queensland government will jointly manage the land for the foreseeable future. However, the overall goal is for the Eastern Kuku Yalanji peoples to become the sole and autonomous proprietors of their Indigenous land.

“The Eastern Kuku Yalanji people’s culture is one of the world’s oldest living cultures,” says Meaghan Scanlon MP, Queensland’s Minister for Environment, the Great Barrier Reef, and Science and Youth Affairs. “This agreement recognises their right to own and manage their Country, to protect their culture, and to share it with visitors as they become leaders in the tourism industry.”[1]

A month after Australia returned land to the Eastern Kuku Yalanji peoples, the United States (US) government restored full federal protective rights to the Bears Ears and Grand Staircase-Escalante monuments in southern Utah.[2] The previous administration, which was seeking to extract the land’s fossil fuels, had drastically reduced the size of the Bears Ears monument by up to 85%, as well as halving the area of the protected Grand Staircase-Escalante. This was the single largest rollback of public lands protections in the history of the US. These lands, which span more than 3 million acres, are vital pieces of culture and history for many Indigenous peoples, including the Hopi, Navajo, Uintah and Ouray Ute, Ute Mountain Ute, and Zuni tribes.[3]

What’s more, the US government and local officials continue to bolster protections for Native lands which facilitate the transition of ownership back to Indigenous communities. In December 2020, the Trump administration signed legislation which initiated the relinquishment of more than 18,000 acres of the National Bison Range to the Salish and Kootenai tribes. [4] In October 2021, around five acres of land were transferred to the Rhode Island Narragansett tribe. It was on this same land that the Indigenous Narragansett peoples survived near-annihilation at the hands of English colonisers in 1675.[5]

As a result of land reconciliation, not only can Indigenous communities return as rightful owners of their Native lands, they can also improve local environmental protection efforts.

The Positive Impacts of Land Reconciliation

For Australia’s Eastern Kuku Yalanji people, reclaiming their land is the first step towards long-term, sustainable social and economic growth.

“Our goal is to establish a foundation to provide confident and competent people with pathways and opportunities for mentoring, training, apprenticeships, work experience, and employment for our Eastern Kuku Yalanji Bama,” says Eastern Kuku Yalanji Traditional Owners Negotiating Committee Member Chrissy Grant. “[The goal is] to fill positions from a wide range of skilled trades, land and sea management, hospitality, tourism, and research so that we are in control of our own destinies.”

The Eastern Kuku Yalanji tribe has lived sustainably on these lands for some 50,000 years. The Kuku Yalanji Aboriginal culture is based on a deep respect for nature, with a heavy dependency on the ecosystem’s natural cycle. Their Indigenous expertise is vital in implementing sustainable conservation efforts, as well as protecting natural resources against climate stressors.

According to Meaghan Scanlon, these national parks will “protect important Aboriginal cultural sites, diverse ecosystems (including rainforests, woodlands, wetlands and mangroves), and form part of the Wet Tropics World Heritage Area, which is recognised as the second most irreplaceable World Heritage site on Earth.”

In Montana, the Salish and Kootenai tribes have a long history with managing local bison ranges, and their approach is seemingly more beneficial than previous federal tactics. “We treat the buffalo with less stress, and handle them with more respect,” says Tom McDonald, an Indigenous person and Fish and Wildlife Division Manager for both tribes.[6] The Salish and Kootenai tribes are also co-managing migrating bison herds from Yellowstone National to US Forest Service land.

Native peoples generally take a more sensitive and familial approach to handling bison populations. Their techniques include keeping bison families together, mitigating the likelihood of stampedes, and ultimately reducing stress placed on the animals. These Indigenous animal handling techniques have helped to improve conservation efforts and management of the land, as well as the welfare of the animals which inhabit it.

In Rhode Island, the Narragansett tribe will be recognised as the stewards of their Indigenous land, utilising their traditional ecological knowledge to preserve it. “We agreed to protect it; we agreed to steward it,” says Morgan Grefe, Executive Director of the Historical Society. “We’re here in continuation of that promise—to see that this land is protected and stewarded in a way that we could never have accomplished ourselves”.[7]

These examples indicate the in-depth expertise that Indigenous peoples have for their Native land, as well as their cultural mastery in preserving natural resources. According to a United Nations review of more than 300 studies, rates of deforestation in South America were 50% lower in areas under Indigenous control when compared to areas managed by non-Native communities.[8] Protecting these forests is vital for mitigating the threats of climate change and preventing the extinction of regional wildlife.

World leaders are also beginning to acknowledge the significance of Indigenous expertise in lessening the effects of climate change. At COP26, the US, the UK, Germany, the Netherlands, and several private donors collectively pledged to provide US $1.7 billion to support Indigenous and local communities in tackling climate change and protecting biodiversity.[9] The funds have the potential to help Native communities build their own infrastructure, resolve territorial disputes, and support land reforms, among other endeavours.

Opportunities for Further Reconciliation

Beyond the expertise that Indigenous communities provide, transferring stolen land back to its owners is a moral obligation. The Indigenous peoples mentioned here have been dispossessed, abused, neglected, and in the case of the Narragansett tribe, nearly annihilated. This pain cannot be healed by simply acknowledging these wrongdoings – it requires a long-term commitment to restore what rightfully belongs to Native communities. The returning of Indigenous land is the first step in showing such commitment.

Hayden King, the Executive Director of the Yellowhead Institute and co-writer of the text Land Back, describes the returning of Native land through the perspective of the Beausoleil First Nation tribe as more than just returning property. “It’s also about revitalising Indigenous life, because we’re thinking about land as everything in unity, we’re thinking about our languages… our culture… our family, and social organisations connected to the land.”[10]

The returning of land is not only an opportunity for reconciliation, but a path for the autonomous growth and reestablishment of Indigenous communities. As Brian Lightfoot Brown of the Narragansett Tribe states, the land “is so deeply ingrained in who we are”.[11]

As world leaders gradually continue to rightfully recognise the benefits of including Indigenous communities in environmental preservation programmes, the fact that Native peoples are given back their land and resources is not just transactional. It’s an opportunity to plant the seeds of growth and restoration, while the land still remains fertile.

Was this article interesting? Then make sure to listen to our podcast on Native Climate Justice Organiser Ruth Miller and Her Work Towards an Indigenised Just Transition.

Benjamin Chappelow is a writer and narrative designer in the Appalachian mountains, United States.

As an immigration researcher and former Narrative Writer for the Climate Resilience Toolkit, he is focused on how the stories we tell dictate our behavior in an ecological crisis. 

References

 [1] The Queensland Cabinet and Ministerial Directory. (2021, September 28). 160,000 hectares returned on path to reconciliation. Ministerial Media Statements. Retrieved January 18, 2022.

 [2] Shivaram, D. (2021, October 8). Biden restores protections for bears ears monument, 4 years after Trump downsized it. NPR. Retrieved January 18, 2022.

[3] 7 big questions: What’s happening with bears ears and other national monuments? The Wilderness Society. (2021, August). Retrieved January 18, 2022.

[4]  U.S. Department of the Interior. (2021, January). Secretary Bernhardt Signs historic secretarial order to transition the National Bison Range into Tribal Trust for the Flathead Indian Reservation. Indian Affairs. Retrieved January 18, 2022.

[5] Associated Press. (2021, October 27). Tribe Given Land Where Ancestors Survived Near-Annihilation. U.S. News & World Report. Retrieved January 18, 2022.

[6]  Robbins, J. (2021, June 3). How returning lands to Native Tribes is helping protect nature. Yale E360. Retrieved January 18, 2022.

[7] Nunes, A. (2022, January 17). Site of ‘great swamp massacre’ returned to Narragansett Indian tribe. The Public’s Radio. Retrieved January 18, 2022.

[8] Carrington, D. (2021, March 25). Indigenous peoples by far the best guardians of forests – UN report. The Guardian. Retrieved January 18, 2022.

[9] Sutherland, L. (2021, November 3). $1.7 billion pledged in support of indigenous and local communities’ land tenure. Mongabay Environmental News. Retrieved January 18, 2022.

[10]  Monroe-Kane, C. (2021, December 20). How the land back movement is reclaiming land stolen from indigenous people. Wisconsin Public Radio. Retrieved January 18, 2022.

[11]  Brown, B. L. (2021, November 15). Long overdue: Sacred site returned to the Narragansett. Indian Country Today. Retrieved January 18, 2022.