Climate Refugees: The Missing Protection in International Law
- James Lam
- Jun 8
- 3 min read
By James Lam
Climate change is not a distant threat—it is a crisis unfolding now. Every day, vulnerable people are forcibly displaced due to climate-related disasters. Rising sea levels, extreme weather events, food insecurity, and environmental degradation are pushing millions from their homes, often with nowhere to turn. According to The World Bank, climate change could cause mass displacement, with internal climate migrants reaching 143 million by 2050.
The most affected communities are those that have contributed the least to global emissions. Low-income populations, subsistence farmers, coastal communities, and developing nations are disproportionately bearing the brunt of this crisis. António Guterres, the UN Secretary-General, has warned that climate change is now a “key factor accelerating all other drivers of forced displacement”. Yet those displaced are left in legal limbo.
Climate Change and Displacement: A Growing Trend
Climate-induced displacement is already surpassing conflict as a primary driver of forced migration. In 2017 alone, 60% of the 30.6 million displaced people across 135 countries were forced from their homes due to disasters. The White House’s 2015 National Security Strategy acknowledged the growing threat of climate change, stating that it contributes to “increased natural disasters, refugee flows, and conflicts over basic resources like food and water”.
The challenge is multifaceted. Climate change exacerbates food and water insecurity, intensifies competition over resources, and increases the likelihood of conflict. In some cases, displacement occurs gradually as environmental degradation erodes livelihoods, while in others, sudden disasters leave entire communities without a home. However, under current international law, these individuals are not recognized as refugees.
The Legal Void for Climate Refugees
The 1951 Refugee Convention and its 1967 Protocol remain the foundation of international refugee law. However, these treaties define a refugee as someone fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. This definition does not cover those displaced by climate-related factors, thus leaving millions unprotected. A Bangladeshi family displaced across borders due to catastrophic flooding, a Chadian farmer forced to leave due to severe drought, or an individual fleeing a climate-induced resource war—all fall outside the current legal definition of a refugee. As a result, they are not entitled to asylum or protection under international law.
Possible Solutions: Expanding Legal Protections
To address this gap, legal scholars and international organizations have proposed several solutions:
Amending the 1951 Refugee Convention: Expanding the definition of a refugee to include climate-induced displacement would provide climate refugees with the same protections granted to those fleeing persecution. Some regional agreements, such as the 1984 Cartagena Declaration in Latin America and the 1969 OAU Convention in Africa, already recognize displacement caused by events that “seriously disturb public order”, offering a model for global reform.
Climate Humanitarian Visas: Some nations, including New Zealand, have attempted to introduce visa programs for climate-displaced people.
Global Climate Protection Frameworks: International bodies like the UN have advocated for new legal frameworks that provide temporary or permanent protections to those displaced by climate-related disasters.
Conclusion
The global legal system has failed to keep pace with the realities of climate displacement. As climate change continues to accelerate, millions more will find themselves forced to flee—yet without legal recognition or protection. Without urgent reform, climate refugees will remain in a legal void, forced to navigate an uncertain future without the basic rights afforded to traditional refugees. The time to act is now.
Citations
Kristy Siegfried. (2023, November 15) Climate change and displacement: the myths and the facts. UNHCR. https://www.unhcr.org/us/news/stories/climate-change-and-displacement-myths-and-facts
Siddharth Behl. (2024, October 17) Environmental Refugee. National Geographic.
https://education.nationalgeographic.org/resource/environmental-refugee/
Sean McAllister. (2024, October 23) There could be 1.2 billion climate refugees by 2050. Here’s what you need to know. Zurich. https://www.zurich.com/media/magazine/2022/there-could-be-1-2-billion-climate-refugees-by-2050-here-s-what-you-need-to-know
Caitlan M. Sussman. (2024, September 21) The Missing Refuge for “Climate Refugees” in the International Legal Framework: A Dialogue with Caitlan M. Sussman. Georgetown University.
Crisis Looms. Climate Refugees. https://www.climate-refugees.org/why
