A Looming Crisis: Exploring the Precarious Legal Status of ‘Climate Refugees’ Under International and Human Rights Law

Abstract

As climate change worsens, millions of people around the world will be displaced, further exacerbating conflicts and resource scarcity. In recent years, individuals displaced by climate change have sought legal recognition as 'climate refugees' under the Convention Relating to the Status of Refugees, adopted by the UN General Assembly in 1951. This paper argues that the Convention, originally designed to address persecution-based displacement, lacks provisions for those fleeing environmental crises. This paper explores alternative legal frameworks relating to the status of 'climate refugees' under international and domestic law, with a focus on recent judicial opinions. It also examines alternative frameworks for refugee claims, including human rights treaties, as well as regional agreements such as the 1984 Cartagena Declaration on Refugees and the 2009 African Union Kampala Convention. These mechanisms offer potential pathways for recognizing and protecting those displaced by climate change beyond the narrow definition of the 1951 Refugee Convention. The paper concludes that regional agreements, modeled after the Kampala Convention, provide the most practical and enforceable solutions for addressing the complex legal challenges posed by climate-induced displacement.