Displaced by climate change; protected by law?

1. Displaced by climate change; protected by law? Vikram Kolmannskog, vikram.kolmannskog@nrc.no, Norwegian Refugee Council, UNU side-event on climate change and migration, UNFCCC, Bonn, 06 April 2009.

2. Forced migration Response (mitigation/adaptation) Conflict Disasters and degradation Climate change Politics Demography Etc. Source: NRC

3. Sudden disasters – a protection gap for cross-border displaced. Slow-onset disasters – a protection gap for cross-border displaced; when is movement forced v. voluntary? Loss of territory can possibly result in statelessness. Conflicts, triggered by disasters, can lead to displacement (“war refugees”). Climate adaptation and mitigation measures (such as REDD, biofuel, designation of high-risk areas) can lead to displacement. Typology

4. any person who […] owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country 1951 Convention Relating to the Status of Refugees Art 1A Refugee

5. Foreign nationals can qualify for Temporary Protected Status if: there has been an environmental disaster in the foreign state resulting in a substantial, but temporary, disruption of living conditions; the foreign state is unable, temporarily, to handle adequately the return of its own nationals; and the foreign state officially has requested such designation. US Immigration and Nationality Act, section 244. American TPS

6. Persons who cannot return safely to their home country or country of permanent residence, because there has been an environmental disaster can qualify for: - Temporary protection (Finnish Aliens Act Section 109 (1)) And - Permanent / “humanitarian” protection (Finnish Aliens Act Section 88 a; Swedish Aliens Law Chapter 4 Section 2) Protection in Finland and Sweden

7. When: there are real dangers to the life or physical integrity and health of the affected persons; the restriction is provided by law other, less intrusive, measures of protection are not available or possible. How: Non-discrimination. The affected should be consulted Restriction only for as long as necessary Evacuations should be carried out in full respect of rights and monitoried, and evacuated persons registered. The affected persons should receive compensation and assistance in resettling and re-establishing livelihoods and residence, including livelihood re-training if necessary. Designation of high-risk areas; resettlement and return

8. Support and strengthen states’ ability to protect their citizens from displacement and during displacement. Make full use of the 1998 Guiding Principles on Internal Displacement. Ensure that migration management systems provide for the entry and protection of those in need, even if refugee status is deemed inapplicable. Grant temporary or complementary protection to persons whose return is not permissible, possible or reasonable due to circumstances in the place of origin (relating to disasters, degradation and/or conflict) and personal conditions. The Copenhagen agreement should recognise the humanitarian consequences of climate change, including migration and displacement. Recommendations

9. Will she receive protection?