The Global Compact on Refugees, adopted by an overwhelming majority in the UN General Assembly in December 2018, recognizes that “climate, environmental degradation, and natural disasters increasingly interact with the drivers of refugee movements”.¹ But according to the international law because refugees are those who cross international borders for race, political, religious motivations so they do not enter on this category, besides, the UN itself is reluctant to amend the Refugee Statute to include new forms of refugee. One argument frequently put forward by the UNHCR is that those displaced as a result of environmental change could, in theory, still rely on the protection of their national governments, while traditional refugees could not, as states are often the source of persecution, thus making an individual 'unwilling to avail himself of the protection of that country' as required by Article 1A(2) of the 1951 Refugee Convention.²

The definition gave by the International Organization for Migration (IOM), is ‘environmental migrants’ and refers to: “Person or groups of people who, for compelling reasons of sudden or progressive change in the environment that adversely affects their lives or living conditions, are obliged to leave their habitual homes, or choose to do so, either temporarily or permanently, and who move either within their country or abroad”. ³ Some authors do not consider this designation appropriate, according to them, migrate’ is generally associated with economic issues as reasons to migrate.

Environmental migrants, as well as, other migrant categories, need an international protection regime. The majority of migrants, especially the forced ones, are in an irregular situation once there is lack of an international protection system, they depend on the internal government effort and the States of origin or destination political will, which are often responsible, directly or indirectly, for the violation and limitation of their fundamental rights. They remain doubly exposed, either because they are not recognized as refugees when they leave their country of origin, or because there is no binding international instrument to welcome them.

Thus, the expression “environmental refugees” is adequate to designate a new category, which demands its own legal regime, more comprehensive than the conventional refugee protection regime, though only traditional refugees have systematic international protection. It is worth mentioning that only in exceptional circumstances, the UNHCR (UN refugee agency) assists

displaced persons in other situations of risk, such as natural disaster victims.

It is important to emphasize that although they find international legal protection in the general human rights mechanisms and in the other international protection instruments of the human person in particular situations, it is discussed, in international law and politics, the establishment of a specific normative set for refugee’s global reach. However, the international legal instrument development is quite difficult in view of the specific countries interests in the international arena. Moreover, even if an international treaty (or even a resolution by an international body) is drafted it may be particularly difficult to reach a consensus and it would probably take a very long time to negotiate a completely new instrument encompassing environmental migration. Such lack of consensus at the negotiating stage might lead to ratification gaps which undermine the effectiveness of the treaty. Such events sequence might consequently leave the persons in need of protection back in the legal vacuum where they were initially.⁴

 [1] Climate change and disaster displacement https://www.unhcr.org/climate-change-and-disasters.html 

[2] The concept of 'climate refugee' Towards a possible definition https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/621893/EPRS_BRI(2018)621893_EN.pd f 

[3] Climate change and disaster displacement https://www.unhcr.org/climate-change-and-disasters.html 

[4] Olsson, Louise (2015)Environmental migrants in international law: An assessment of protection gaps and solutions https://www.diva-portal.org/smash/get/diva2:861312/FULLTEXT01.pdf 

The concept of 'climate refugee' Towards a possible definition https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/621893/EPRS_BRI(2018)621893_EN.pd