A Case for Legal Protection of Cross Border Disaster Displaced Persons

Abstract

The impact of climate change can be felt through droughts, rising sea level, floods, earthquakes, unpredictable rainfall, increase in temperature, which are clear signs of change weather patterns. Some people are temporarily or permanently displaced from their place of habitual residence and cross a border to seek favorable living environment. The 1951 Refugee Convention defines a refugee as an individual who has a well- founded fear of persecution because of his race, faith, nationality or affiliation to a social or political group and is not within his county which is not able to offer him protection. The OAU Convention and Cartagena Declaration expanded the refugee definition to include acts of indiscriminate violence, foreign aggression, internal clashes, widespread abuse of human rights or other events seriously disturbing public order as additional grounds for seeking asylum. Effects of climate change have increased the number of displaced people globally who cross international borders. However, this category of persons find themselves in a lacuna as there is no framework of the protection and recognition of persons displaced due to climate change. They are not considered IPDs as they have crossed an international border and are not refugees as defined by the 1951 Refugee Convention. This paper discusses the interlink between climate change and displacement of people across international borders and the need to offer recognition and legal protection to persons who are displaced in such circumstances at the international level.