Failing “Climate Refugees”: Insufficiency of the Present International Legal Protection Regime to the Plight of Climate Refugees

Abstract

As the threat of climate change looms large, a new category of migrants emerges, those displaced by environmental degradation and its surging consequences. The status of climate refugees is yet to be determined, a phenomenon which is acknowledged in contemporary society, with the consequence that people fleeing their country of nationality to third countries are often subjected to human rights abuses and denied environmental justice. This is compounded by the fact that there is no legal protection for this category of persons under international law. This leaves millions vulnerable to human rights abuses and worsens inequalities. The research methodology used in this work is qualitative and it further employ the doctrinal research method which analyse primary and secondary data sources. This paper seeks to identify the flaws within the current refugee protection regime and offer useful suggestions that would better protect people who are forced to flee their countries of nationality as a result of climate related disasters. In the end, it stresses on the importance of expanding the 1951 Geneva Refugee Convention to incorporate ‘Climate Change Refugees’ as it will establish a solid foundation where people fleeing across borders as a result of climate change related disasters will be protected under international law.