DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

2019-2020

Seminar Paper

Legislative Drafting
Topic- Climate Change Refugees

Submitted to: Submitted by:

Dr. Shashank Shekhar Anurag Chaudhari

Asst. Prof. Law Enrollment no.-150101024

Dr.RMLNLU,LUCKNOW Xth SEM

Contents
Preface.............................................................................................................................................3
Genesis of the topic.........................................................................................................................3
Development....................................................................................................................................3
Present preposition...........................................................................................................................3
Statement of problem.......................................................................................................................4
Methodology....................................................................................................................................4
Introduction......................................................................................................................................5
Climate Change...............................................................................................................................7
Displacement (Migration) and Climate Change..............................................................................8
Rights of Displaced Person............................................................................................................11
Developed countries responsibility................................................................................................12
Terminology debate.......................................................................................................................12
Environmental Displaced Person- Definition................................................................................15
Rights of environmentally displaced person..................................................................................16
Draft...............................................................................................................................................19
Bibliography..................................................................................................................................27
Preface
This is the humble attempt on my parts to make available all the intricacies in the field of
Climate change induced displacement. This research project present the complicated but
interesting subjects related to climate change induced displacement. As the world has accepted
that how much climate change impact will make our life different it is also important to
understand the displacement problem which is caused solely due to the climate change effects?

Genesis of the topic

The topic climate change refugee though does not have any legal backing it shows the
seriousness of the matter and how climate change will affect the life. The displacement of
humans due to climate change needs solution and also at the same time how to protect the rights
of those who are displaced. Hence it demands a two pronged strategy for prevention through
adaptation and mitigation and protection also. So their will two stages as prevention will be done
before the actual displacement and protection after the displacement has taken place.

Development

Earlier it highly debated that whether the environmental change that is happening whether that is
due to human actions later on by scientific studies it was established that the human action like
excessive burning of coal for industrial and economic superiority the climate of earth is suddenly
changing. With the climate change effects its impact on human displacement was also found as
ocean level rise or temperature rises in certain parts of the world’s people of that part for future
survival starts moving towards new place for better opportunities and living condition. So it
becomes inevitable to prevent the displacement at first place and then protect these people who
are displaced. But at present there is no legal instrument which covers the climate change
displaced person.

Present preposition
Scientific studies show that there are going to be climate change refugees in millions. In India
particularly millions will be forced to move from the coastal regions and low lying islands in
 suderban area. Hence it is inevitable to recognize the problem for human displacement due to
climate change. Currently there is no law which defined climate change displaced person.
Disaster management act,2005 consists certain provision for prevention from the disasters. But
these provisions are for help only when there is disaster otherwise will not cover the
displacement. So their urgent need to recognize the problem of displacement due to climate
change and the international community must come with new treaty or convention which states
include in their domestic laws.

Statement of problem
Despite millions have been displaced due to the climate there is no international legal instrument
which covers such persons and no proper definition which will define the displaced person.

Methodology
 Method:The research methodology adopted is doctrinal keeping in mind the conceptual,
theoretical and evaluative aspects of the topic.
 Sources of data:Primary as well as secondary sources of information inclusive of books,
articles, web sources, and online legal databases have been used from the Dr. Madhu Limaye
Library. In this project, study will basically be limited to the topic selected for the project. No
other related studies or sources will be discussed in the project as such.
Introduction
Climate change has become an issue of grave concern globally, especially in the developing
world. South Asian and African countries including countries which long coast line are
particularly vulnerable to repercussions of climate change1. A striking phenomenon of climate
change is climate-induced displacement. Though from centuries due to climatic reasons people
have travelled to other places but this time it is going to be much worse as it has not happened in
such a huge numbers and also for the most of the climate change phenomenon the humans
themselves are to be blamed. The inconsistent use of the natural resources and eventually
depleting it for the future generations has led to such a worse condition where rise temperature,
less rain and rising water levels in oceans cause panic in the mind of the individual. It is very true
that the human need to use resources but with the condition that it must not be used in such a
way it create another problem which is rather much more complex and cause a great hardships.
For the early economic gains several countries has played with the environment or nature in way
that cannot be permitted in just society. They do not only have depleted the resources but with
excessive use of these natural resources has caused grace environment concern which we in this
decade call as climate change. The migration and displacement due to the worsening effects of
the climate change has created a situation needs adequate solution or will make the displaced
persons vulnerable. Climate change and the human migration due to climate change are inter
connected. As the temperature rises the ice in arctic and Antarctic Circle will melt eventually the
water level of ocean rises and the countries which have coastlines are affected 2. The people or
individual who resides in these areas have to go through various hardship in changing the
location finding a new safe place to reside.

The coastal countries and African countries are some places where the displacement due to
climate change3 was seen in large scale and this initiated a debate about the rights and conditions
of the those who are affected by the climate change though due to the sovereignty principle it
will be each countries responsibility to cope up with the problem but here the challenge is much
more bigger due the reasons and causes of climate change. This requires a collective approach

1
https://www.wwfindia.org/about_wwf/reducing_footprint/cce/about_climate_change_and_energy/.
2
https://climate.nasa.gov/evidence/.
3
Climate change impacts in Sub-Saharan Africa: from physical changes to their social repercussions by Olivia
Serdeczny. Pg no.6.
towards the problem so that we will be able safe our environment for our future generation. It is
now widely accepted that climate change can cause wide ranging problem for humans and state
either in the health, human rights, or security. The international community though late but has
come to a consensus that climate change is a problem which needs to be tackled effectively.
Climate change has potential to change the present global order whether economic or security.
The developing countries will be worst affected by the displacement or migration due to the
climate change because of these countries do not have the financial resources to cope with these
condition and also they will not have the resources to fulfill the needs of the displaced population
this will eventually turn very bad situation for these who are displaced as they will not have
places to reside or no work this certainly make them prey of the bad elements which will lead
deteriorating life for them.

Though the problem very grave for the whole world but still we do not have one proper
convention or laws which will specifically deal with the problem related to these displaced
persons. The current international regime though has accepted it now that it is problem need to
be combated and states must not show partisan line only on economic consideration. when the
first time the definition of refugees was drafted at that time the situation was very different they
cannot have think that condition will arise but now the situation has changed the international
community must amend the archaic refugee definition 4 that only includes those who have
crossed border due to the fear of war of persecution but in current scenario the dimension has
changed people are migrating from their places due the environmental changes that are so sudden
it makes migration inevitable for their survival hence ot becomes our responsibility to give these
displaced person equal rights and just leave them under the garb of argument they are not
included in the definition hence we cannot act on these situation.

Hence it is very important for the international community to come together and build consensus
on how to combat the displacement and migration of humans due to climate change and very
first step will be draft a definition for those who are displaced and grant them certain basic rights.
This need to be reflected in domestic legislation also, domestic legislation can also add some
environmental problems which are peculiar to their region so that the no one is displaced due to
climate change suffers only because he not covered in the definition. So while drafting the

4
Definition of Refugees in Convention Relating to the Status of Refugees, 1951.
definition noted that it should be wide enough to include all possible human displace which has
some connection to the climate change.

Climate Change
The Earth's climate has changed throughout history. Just in the last thousands of years there have
been seven cycles of glacial advance and retreat, with the abrupt end of the last ice age about
7,000 years ago marking the beginning of the modern climate era — and of human
civilization5.Most of these climate changes are attributed to very small variations in Earth’s orbit
that change the amount of solar energy our planet receives.Over the past few decades, it has
become increasingly apparent that human actions are changing atmospheric composition, thereby
causing global climate change. Humankind's activities are altering the world's climate by
increasing the atmospheric concentration of energy-trapping gases (greenhouse gases GHGs),
thereby amplifying the natural “greenhouse effect” that makes the Earth habitable. IPCC(Inter
governmental Panel on Climate Change) in its report has said that there are various evidences of
climate change likethe planet's average surface temperature has risen about 2.0 degrees
Fahrenheit.6 The Greenland and Antarctic ice sheets have decreased in mass. Data from NASA's
Gravity Recovery and Climate Experiment show Greenland lost 150 to 250 cubic kilometers (36
to 60 cubic miles) of ice per year between 2002 and 2006, while Antarctica lost about 152 cubic
kilometers (36 cubic miles) of ice between 2002 and 2005 7. Global sea level rose about 8 inches
in the last century. The rate in the last two decades, however, is nearly double that of the last
century8.

Cause- Most climate scientists agree the main cause of the current global warming trend is
human expansion of the "greenhouse effect" - warming that results when the atmosphere traps
heat radiating from Earth toward space. Also it is very certain that role of human in aggravating
it or making it more worse is sure. This changes in environment certainly be attributed to human
activities like excessive coal burning and other gases which resulted in increase of temperature of
earth and environment. In its Fifth Assessment Report, the Intergovernmental Panel on Climate

5
Fourth Assessment Report. Geneva: IPCC; 2007. Intergovernmental Panel on Climate Change. Climate Change
2007: Synthesis Report.
6
Ibid.
7
http://nsidc.org/cryosphere/sotc/glacier_balance.html., https://climate.nasa.gov/evidence/.
8
C. L. Sabine et.al., “The Oceanic Sink for Anthropogenic CO2,” Science vol. 305
Change, a group of 1,300 independent scientific experts from countries all over the world under
the auspices of the United Nations, concluded there's a more than 95 percent probability that
human activities over the past 50 years have warmed our planet9.

India

India is among the countries most vulnerable to climate change. It has one of the highest
densities of economic activity in the world, and very large numbers of poor people who rely on
the natural resource base for their livelihoods, with a high dependence on rainfall. By 2020,
pressure on  India’s water, air, soil, and forests is expected to become the highest in the
world10.One of the most significant ways that climate change will impact the lives of people
in India will be through its water resources.  While water sustains life, it all too often wreaks
havoc through devastating floods and droughts. A changing climate will only aggravate these
shocks.

Displacement(Migration) and Climate Change

Every week some reports either international or domestic appear in newspaper or magazines
talking about the migration or displacement of people because climate change and change in
environment.11It is now well accepted internationally that there is connection between the climate
change and resulting human displacement. Various examples can comez your mind like
Maldives12 or Kirabati13 where people are suffering due to rise in water levels of oceans. This
displacement is not only limited to oceanic countries but also to the countries where ice sheet is
melting causing hardship to those who have resided and lived 14.Due to the climate change the
rain pattern is also drastically changed and it causes frequent droughts in some parts of world
creating the worst water crisis in world. Furthermore, the United Nations Development Program

9
https://www.ipcc.ch/report/ar5/.
10
9 world bank report on India’s water economy bracing for a turbulent future.
11
https://www.downtoearth.org.in/news/climate-change/climate-change-in-india-sinking-chain-of-atolls-in-
lakshadweep-61878.
12
The Maldives and Climate Change: A New Type of Refugee, by Sophia Vos
13
https://www.theguardian.com/world/2017/may/14/our-country-will-vanish-pacific-islanders-bring-desperate-
message-to-australia.
14
https://www.ucsusa.org/global_warming/science_and_impacts/impacts/early-warning-signs-of-global-
1.html#.W9xj55MzbIU.
("UNDP") predicts that up to 332 million people in coastal and low-lying areas could be
displaced as a result of climate change.15 It is very common in news to see the plight of displaced
person in African countries due to the frequent droughts16. These environmental changes have
caused a great hardship to the people of these regions. Reason migrations vary with region in
some places acute shortage of water due to frequent drought has created the problem or in some
places the melting of the snow and in some places the land is submerging slowly due to the rise
in ocean level.

Particularly in developing countries or countries which do not have financial resources to

allocate for mitigating the migration are affected most, they already have to fight with food
shortage and malnutrition and sudden environment change make the situation worse for them
leading to them no option but move somewhere else for survival 17. Indigenous peoples18 and poor
communities are vulnerable to the impacts of climate change, as their way of life is intrinsically
linked to the land and their culture. Climate change also affects the livelihood scenario of an
individual this also leads to migration.19

The migration and displacement due to climate change is not new it was first discussed in report
of world commission on environment and development and recognized as far back as 1987 that
millions of people would be forced to flee their homes for environmental reasons 20. IPCC 2007
report also recognized that the climate change will affect the people as the resources will be
scarce.21 2015 Paris agreement acknowledged the rights of those who are migrated due to the
climate change22. They emphasized on their right to food and started to chalk out the strategy to
provide the adequate food. In 2018 UNFCC report also discussed the problem of the migration
put it under the adaptation measure to fight the climate change. 23 Now it clear that the world

15
http://hdr.undp.org/sites/default/files/2015_human_development_report.pdf
16
Africa Report on Internal Displacement, internal displacement monitoring centre.
17
Developing Countries Need Urgent Support to Adapt to Climate Change, UNFCCC.
18
Climate change and indigenous peoples, Salick, Jan and Anja Byg in UN permanent forum on Indigenous issues.
19
Climate change and livelihood paper by International Institute of Sustainable development.
20
Report of the World Commission on Environment and Development: Our Common Future, UN, 1987.
21
Climate change Impact adaptation and Vulnerabilities,4 th Assessment report IPCC. As cited in MIGRATION
AND CLIMATE CHANGE: AN OVERVIEW Etienne Piguet, Antoine Pécoud.
22
https://unfccc.int/files/meetings/paris_nov_2015/application/pdf/paris_agreement_english_.pdf
23
Bayes Ahmed, (2018) "Who takes responsibility for the climate refugees?", International Journal of Climate
Change Strategies and Management, Vol. 10 Issue: 1, pp.5-26
community has accepted that the climate change and migration are interconnected the next step
is chalk out the strategy to fight it, certainly the strategy will cover different aspect and must give
whole some solution.

India

In India also due to the effects of climate change people are forced to livetheir homes and
livelihood. It is also expected that because of increase in the Earth’s temperature the Himalayan
glacier’s from which major river system of India originates will eventually dry out and will
create a huge problem for the Indo-Gangetic Plain. This region will acute water shortages which
will affect the agriculture produce in this area. In area Coastal area soil erosion is causing huge
problem. In 2018 the national centre for coastal research surveyed the Indian coastal line and
given report that we have lost huge landmass due to soil erosion.24 In Sunderban are many people
are forced to leave as many islands has been submerged in water. 25 Hence it is very clear the
problem of Climate change induced migration is certainly going to hound us in future and we
have to form strategy to mitigate the displacement and adaptation policy for adapting in the
changed order.

Example of Migration due to climate change

1- Kiribati- It is country of group of island, the rising water level in ocean has caused
overcrowding due to which people are migrating, many who fled did not want to return
due to the overcrowding and threat of submergence of land in water, so they ask for
refugee status so that they can be granted certain rights26.
2- Migration in African Region27- Due to several droughts which resulted in frequent crop
failure and no more drinking water available in some parts of Africa people migrated
from their places to find new avenues.

24
https://timesofindia.indiatimes.com/india/india-lost-one-third-of-its-coastline-from-erosion-gained-almost-as-
much-report/articleshow/65373127.cms
25
https://www.npr.org/sections/parallels/2016/05/23/478393443/the-vanishing-islands-of-indias-sundarbans.
26
Kiribati: Climate Change And Migration Relationships Between Household Vulnerability, Human Mobility And
Climate Change, by United Nations University, 2016.
27
Africa Report on Internal Displacement, internal displacement monitoring centre.
 3- Bangladesh- due to the sub emergence of some part internal displacement occurred, it is
also estimated that countries like Maldives and Bangladesh will face such problem 28. In
India also internal displacement is happening due to the climate change frequently in one
report on soil erosion in Sunderban it was reported that agriculture land is reducing
slowly causing scarcity of agricultural land.

Rights of Displaced Person29

The next step after identifying the problem is to find out probable solution. When we say about
the rights of the displaced person we are not saying we will create some new rights but giving
them the basic rights which they are unable to get due to to the migration. In different newspaper
one may see the plight of these displaced people30. They became vulnerable as they do not
havemeans to live on. Shelter and food are the basic necessities which international community
must acknowledge and provide them so that they can survive. Women and children in these
groups are more vulnerable to exploitation like trafficking etc. so it becomes very important to
recognize them so that they can get some basic rights.
In India it becomes much more important for us to recognize the rights of the displaced people
because generally when they migrate with source of income in their hand to urban area it is very
common that they may get into trafficking or forced laborers. Children and women are much
more susceptible to trafficking and hence government must recognize their right and find a
strategy to rehabilitate these people so that they will not be dependent on any one.

Developed countries responsibility

Though when we talk of fighting the climate change we say to fight it collectively, but the causes
of the climate change are aggravated due to use of fossil fuels by developed countries. For the
sudden economic growth these developed countries used the resources incessantly causing great

28
Climate Displacement in Bangladesh, Displacement Solutions’ UNFCCC report, 2012.
29
https://www.iom.int/migration-and-climate-change.

30
harm to environment with the increase in green houses gases in atmosphere resulting warming of
the earth. But the consequences would be faced by the all the countries and mostly developing
countries which do not have the financial resources to mitigate the effects. Hence increases in
greenhouse gases must be attributed to the rich countries. The energy data shows that European
Union, North America, and Japan together account for close to 63% of annual world emissions,
even though they host only 16% of the world population 31. The main reason for this disparity is
the way in which primary energy resources are used in production, which account for most of the
CO2 emitted into the atmosphere. Hence it is very clear that the rich countries are main emitters
of greenhouses gases and they must accept their responsibility in mitigating it. So it is on part of
developed countries to help the developing countries to fight the problem of climate change as
the developing countries do not the resources and technology to fight it. In the Paris agreement
this made clear that the developed counties have to help the developing countries in form of
finances and technology so that the emission of greenhouse gases can be reduced and adaptation
mechanism can be chalked out because the it clear that the developing countries does not have
the financial resources or technological expertise to tackle the problem on their own. Therefore it
is the responsibility of the developed countries to help the developing countries

Terminology debate
Terminology debate is about what term to be used those who displaced due to climate change,
whether they be called as climate change refugees or environmentally displaced or environment
refugees. Some people want that those who are displaced recognized as refugees as they are
forcibly moving from one place to other, on the other hand some say that term displaced should
be used it gives the true picture as displacement will include both internal displacement and cross
border displacement. Though both will not cover the whole scenario. The climate change refugee
does not come under any legal framework hence it does not provide basis for protection. . In
connection with this deficiency, the international legal community has also been unable to
adequately address the needs of climate change-induced migrants due to a lack of consensus on
the correct terminology that should be used to address such individuals.

31
https://www.cgdev.org/media/developing-countries-are-responsible-63-percent-current-carbon-emissions
According to the United Nations HighCommissioner for Refugees, that “it is becoming
increasingly difficult to categorize displaced people because of the combined impacts of conflict,
the environment and economic pressures”.32From this statement only it is very clear how there is
no legal frame work for person displaced due to climate change. . The discrepancies in
definitions can have important legal consequences; the person will not be granted the status of
refugees and will not get certain rights. This was happened in the Kiribati 33 case where tribunal
did not given the status of refugee only because the definition was not wide enough to include
climate change refugees. There are only a few terms that have been used in the international
community to try to capture the concept of climate change-induced displacement.

Currently, there is no legal definition of environmental migrants to which a framework of

protection can be applied. For recognizing the displaced person and providing the rights we need
some type of framework which will define the term. It is not the first time that the debate relating
to terminology is happening, it was started in 1985 when Essam El-Hinnawi, a researcher
working for the United Nations Environmental Programme (UNEP), first coined the term,
"environmental refugees" to classify those people who had "been forced to leave their traditional
habitat, temporarily or permanently, because of a marked environmental disruption (natural
and/or triggered by people) that jeopardizes their existence and/or seriously affected the quality
of their life."34

It was this definition that started the whole debate. After this definition people started to think
that that migration could be triggered by other factor as well it is not only socio economic
condition. So Until the appearance of the figure of the “environmental refugee” in 1985
migration studies were shaped by a lack of taking environmental aspects into account although
migration driven by environmental factors has historically been a consistent phenomenon and
played an important role in the first scientific migration theories. After these theories only people
started to predict the figures that are displaced due to the climate change and different case
studies started whether it is Bangladesh or African country.

32
Climate Change, Forced Migration, and International Law By Jane McAdam, pg no 16.
33
Teitiota v Chief Executive Ministry of Business, Innovation and Employment, NZCA 173.
34
Julia Toscano, Climate Change Displacement and Forced Migration: An International Crisis, 6 Ariz. J. Envtl. L. &
Pol'y 457 (2015) .
After Essam El-Hinnawi, other definition alos came into picture like by David Barker, a former
United Nations Development Programme official, defined "environmental refugees" as people
"'whose movement is caused by a combination of environmental and political [factors] and/or
who are unable or unwilling to avail themselves of the protection of their own countries in
dealing with the impacts of environmental disruptions." 35 But debate took a new turn after the
paper by Environmentalist Norman myers who first time talked about the number of people who
are displaced. He said that there would be 200 million environment refugees due to the climate
change.36 When this number started being accepted by the researchers it was clear that the threat
is evident. He characterized environmental refugees as "people who can no longer gain secure
livelihood in their homelands because of drought, soil erosion, desertification, deforestation and
other environmental problems, together with the associated problems of population pressures and
profound poverty."37

Without an agreed definition it is very difficult to say who can be categorized as environmental
refugee. Due to the lack of a definition under international law for environmental refugees and
climate refugees no national or international institution is responsible for their protection. The
international institutions charged with providing for refugees, and the office of United Nations
High Commissioner for Refugees are already overstretched and unable to cope with the current
stock of refugees. They are highly resistant to any further expansion of mandate on refugees.

Environmental Displaced Person- Definition

It is very important to define who all will be covered under the law and needs protection, it needs
to take care that the entire affected person gets included in definition. Certainly there cannot be
any precise definition for the environmentally displaced person hence it must be inclusive
definition which can include any future condition which cannot be seen today. By having
inclusive definition it will provide a wider net and also one cannot predict everything of future,
hence inclusive definition becomes very important. It is clear from the terminology debate that in
present scenario without changing the refugee definition in convention the legal right right will

35
Climate Change And Human Migration: A Tenuous Relationship? Gaim Kibreab, Fordham Environmental LaW
Review, Vol 20, pg no.385.
36
“Environmental refugees: a growing phenomenon of the 21st century” Philosophical transactions of the Royal
Society of London. Series B, Biological sciences vol. 357,1420 (2002): 609-13.
37
Ibid.
not given to these displaced person, hence the the term climate change refugee though we can
use for political purpose but we need new definition which will cover displaced person due to
climate change.

Climate change displaced person38 – a person who is obliged to leave his place of habitat or
natural settlement for future survival and in fear of livelihood or overcrowding which is caused
by environmental change or climate change effects will be called Environmentally Displaced
person. But this does not include the persons-

(a) Who have been displaced only on economic reasons

(b) Who have been displaced due to violence
(c) If the displacement is not due the climate change effects or environmental effects.
This definition finds supports from the definition given from the environmentalist 39. In the earlier
definition the definition were not inclusive but this will include number of climate change
effects, hence it wide the net. Also it is taken care that the displacement must forcedin a snese
that their no hope of survival or livelihood or fear of overcrowding which will eventually make
the resources scarce. We have already seen in above paragraphs how the displacement is caused.
One very important aspect is exclusion of those who have displaced due to other reasons like
better economic consideration etc.
Environmental change or climate change effects will include-
(a) Rise in water level of oceans
(b) Excessive rise in temperature
(c) Soil erosion
(d) Frequent droughts
(e) And any environmental change caused due to climate change which will have direct
bearing on human dispalcment.
Central government has the power to add any environmental change as effect of climate change
which has caused displacement in list.

38
The concept of 'climate refugee' Towards a possible definition, European Union Briefing on effects of climate
change.
39
Migration, Displacement and Climate Change, Susana B. Adamo CIESIN, Columbia University, 2016.
It will equip the government to fight any future exigency and central govt. can adds to it new
things. Also defining the cause of displacement is very important to identify people. It helps in
giving the benefits and implementing the law.
There must be direct connection between the displacement and climate change, displacement
must be directly or indirectly connected to it but must not be too remote. The link between
displacement and climate change has already been accepted in international community.
Proviso can be added to state it clear that the relationship between must be directly or indirectly
related but it must not be too remote.

Rights of environmentally displaced person

After defining and recognizing the person the next important step is to give them certain rights
and make some special provisions for their settlement. Government must ensure that these
people must get adequate food and shelter homes, certainly these are short time measures, after
this govt. must find way to rehabilitate these people, so govt. must try to provide them with work
or land where they could build their own home and start something. The entire thing which
should be needed to rehabilitate them must be done. It is the duty of the every government to
look after its citizens and these circumstances where theperson has to leave hispermanent placeof
residence and to a new place with nothing it will be really worse situation, women and children
are more vulnerable in these conditions and can fall prey in hands of bad elements.It is very
important to look after these people so that their future does not get wasted.Also central
government must ensure that these people must not be discriminated and government must
ensure no form violence is used against these people. As they are vulnerable state must provide
them some special treatment so as to ensure their safety. In UN declaration of human rights also
talks about the security and safety of the person. 40 In kampala convention also the African union
talks about giving rights to the internally displaced person.41

40
Lopez, Aurelie. “The Protection Of Environmentally-Displaced Persons In International Law.” Environmental
Law, Vol. 37, No. 2, 2007, Pp. 365–409.
41
Kampala convention African union convention for the protection and assistance of internally displaced persons in
Africa.
Impact of climate change will certainly be more on the groups who are more reliant on the
natural resources.42 As women constitutes half of the world’s population and vulnerable to the
climate change impact but the representation of women in policy making is little. As women are
involved in these activities more due to the gender inequalities they are going to be affected by it
most. Also the children are vulnerable to climate change 43. Paris agreement also acknowledges
that the women are vulnerable to the effects of climate change. They from lot of ways as if they
have to migrate to shelter homes they did not have the privacy at the same time in these
condition they may be unemployed which creates more economic burden on them.

Mitigation and adaptation44- Change in environment is either sudden or gradual. In former no

one can do mitigate it hence the only thing left is the adaptation, hence government must ensure
that after the change the people’s safety and security be taken care of. Displacement is also kind
adaptation measure for the climate change. Mitigation involves the reducing the climate change
effects like less release of green house gases so that the temperature does not rise to a certain
level but in mitigation international efforts are needed it cannot be done done in isolation hence
the international cooperation is needed and raising the issues in international forum and
diplomacy is needed to quickly address the problem. For mitigation different countries has come
together under Paris agreement to prevent the temperature from increasing and also to adopt new
green technologies so that harm to environment is less45.

Expert Board46
There must be an expert board that will assess the situation in ground from time to time and
inform the relevant authorities about the climate cjange displaced person. This board will
consists of environmentalists and human rights activist and also from the field of science these
board members will give recommendation to the government for any change and inclusion of
new clauses as may be required in particular situation. They will also collect the data and form a
repository for research purposes as there is lack of data. Also as an expert group government
42
Climate change 'impacts women more than men' By Mary Halton.
43
https://www.unicef.org/publications/files/Unless_we_act_now_The_impact_of_climate_change_on_children.pdf .
44
https://www.omicsonline.org/conferences-list/the-paris-agreement-and-climate-adaptation-and-mitigation.
45
https://unfccc.int/process-and-meetings/the-paris-agreement/the-paris-agreement.
46
The Disaster Management Act, 2005. Section 3.
may give them job relating to recommend measures for mitigation and adaptation for specific
purposes.

Compensation47- government after assessing the loss caused to the climate change diplaced
person can grant certain minimum compensation on the basis of loss, so that they can start their
new life and does struck the camps for whole and be dependent of government aid. The
calculation of compensation may take into consideration things like property lost, injury caused.
Government while giving compensation must ensure that the amount is calculated after taking
the claims fron the victims. The compensation should also include the lost opportunities.

International Assistance48- International organization and NGOs are free to help these people.
International help can be sought in international forums also. The fund for for financial
assistance can be created in which any one can contribute.

Adjudication- jurisdiction in case of any conflict with regards to climate change displaced person
will lie before the special court49. The need for the special court arises because the dispute needs
quick solution it cannot be taken too long hence it inevitable to establish special courts which
will work efficiently and consider the disputes relating to the compensation of amount and
inclusion in the definition of climate change displaced person.

Conclusion
Although the international community is beginning to recognize that climate change is one of the
biggest factors affecting human displacement, useful legal frameworks to address climate
change-induced migration have yet to be established and implemented. The climate change
induced migration is one of the major problem in world today, it has been accepted by the
organizations also that the climate change effects has caused migration. Hence the most

47
Draft National Development, Displacement And Rehabilitation Policy (January, 2006),An Act Protecting The
Rights Of Internally Displaced Persons And Appropriating Funds Therefor And For Other Purposes, Philipines
2014.
48
https://www.aseanlip.com/philippines/general/legislation/bill-of-the-rights-of-internally-displaced-persons-
act/AL18332.
49
The Communal Violence (Prevention, Control And Rehabilitation Of Victims) Bill, 2005, Section 24 chapter VI.
important thing is come up with legal framework to cover these climate change displaced
persons. The mitigation and adaptation mechanism must be framed so as to lessen the impact as
much as possible. The government role in protection of rights of these people is very important.
Govt. must form strategies to cope up with all these problems. The advancement in science and
technology is going to help a lot in tackling the impacts of climate. And also special attention
needs to be paid towards the vulnerable section of society.

Draft
Climate change Displaced Person (Protection and Prevention) Bill
Objective-
(1) To establish a legal framework in India for the protection of climate change displaced person
and prevention of causes of displacement.
(2) To minimize the climate change induced displacement
(3) To ensure that all those who are displaced are being provided with basic amenities.
(4) To ensure full transparency and justice in the processes of displacement and equality.
(5) To prevent and eliminate the root causes of Displacement.
(6) To ensure that special care is taken for protecting the rights of Women and Children and
socially weaker section of society.
Short Title and Commencement Clause
Section-1-(1) this act may be called climate change displaced person (Protection and Prevention)
act, 2018.
(2)- It shall come on force on such date as central government may, by notification in the official
gazette, appoint.

Definitions
Section -2- Climate change displaced person- a person who is forced to leave his place of
habitat or natural settlement for future survival and in fear oflivelihood or overcrowding which
is caused by effects of climate change will be called as Climate Change Displaced person.
Explanation- Displacement of persons only on economic grounds will not be covered under this
act.
Proviso- Displacement and effects of climate change must be directly or indirectly related.

Section-3- Definitions- (1) In this Act, unless the context otherwise requires,—
(a) Climate Change- means change of climate which is attributed directly or indirectly to human
activity that alters the composition of the global atmosphere and which is in addition to natural
climate variability observed over comparable time periods.
(b) Board- Expert board as defined under section 13 of this act.
(c) “Place of Habitat” or “Natural settlement” means where the personwas permanently living
before the displacement.
(d) Government means Central Government of India.
(e) Mitigation means reducing climate change and its effects on environment.
(f) Adaptation means adapting to life in a changing climate.
(g)Fund means fund established under section 19 of this act.
(h) Welfare will include includes providing shelter, medical care, food, clothing, education,
vocational training and counseling or such other measures of relief as may be considered
necessary by government.
(i) Committee means committee constituted under section 10 of this act.
(j) Court means special court established under section 21 of this act.
(2)“effects of climate change” will include-
(a) Rise in water level of oceans
(b) Excessive rise in temperature
(c) Soil erosion
(d) Frequent droughts
(e) Any change which is caused due to climate change which will have direct bearing on
human displacement and Notified by government.

Section-4- Government will have primary duty and responsibility to protect and provide welfare
assistance to the climate change displaced person.
Section 5- (1) Duty of government to provide basic welfare amenities like-
a) Shelter
b) Food
 c) Health services
d) Drinking water
e) Special provisions for women and children.
(2) Government must ensure that the climate change displaced persons have
a) Full enjoyment of the freedom of movement
b) access to employment and livelihoods;
c) access to effective mechanisms forrestoring housing and property;

Prevention

Section 6- Government must on the recommendation of board take adequate steps for
implementing the recommendation to prevent the displacement.

Section 7- Government can direct the board to form future strategy for mitigation and adaptation
of climate change Displacement.

Education and Awareness

Section 8- Government duty to undertake sensitization, training and education on the causes,
impact and consequences of climate change displacement.
Section 9- Power of government todesignate, where necessary, official areas for the settlement of
internally displaced persons.
Committee
Section-10- Government for the better execution of this act will form a Committee.
Section-11 – (1) Committee will consists of
a) Cabinet secretary
b) Home Secretary
c) Secretary of Environment, Forest and climate change Ministry
d) Secretary of Ministry of Earth Sciences.
e) Attorney General
(2) The Ex-officio Chairman of the Committee will be Cabinet secretary.
Functions of Committee

Section-12- (1) Committee will perform following functions-

a) To monitor and supervise the work for the Climate Change Displaced person under this
act.
b) To coordinate the work between different agency..
c) Establish centers for rehabilitating the children of climate change displaced person.
d) Facilitate the efforts of other organizations that may come forward to help the victims in
all manners feasible.
e) To perform such other functions as may be incidental or ancillary thereto as may be
assigned by the appropriate Government from time to time
(2) The general superintendence, direction and control of the administration of the Committee
shall vest in the Chairperson.
Board

Section 13- Government shall, by notification, constitute the expert Board, under the overall
supervision of the Commission, to perform the functions assigned to such Boards under this Act,

Composition of Board

Section 14- (1) Expert board will consists of one president and three Members.

(2) Person who has knowledge about climate change and has worked in that field for 5 years or
more.

(3) Members must be a-

a) Person who has knowledge in field of human rights of displaced person and have work
experience.
b) Person having knowledge of use of science and technology for mitigation and adaptation
of Climate change.
c) One representative from climate change displaced persons.
(4)- Members mentioned in clause a and b will have fixed tenure of 3 years and member
mentioned in clause cis temporary member.

(5)- Members will be appointed by government on the recommendation of Committee.

Section 15- Staff of the Board- the Board may, for the efficient discharge of its functions under
this Act, can recommend the government to appoint such officers and other employees, as it
considers necessary.

Section 16-(1) The Board shall meet at least once every quarter at such time and place as may be
appointed by the President.

(2)The president shall preside at the meeting of the Commission and if for any reason the
Chairperson is unable to attend a meeting of the Commission, any other Member, as nominated
by the President, shall preside at the meeting.

Section-17- (1) Government may, by order, remove from office the President or any Member, on
following grounds:-

a) has been convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or
b) has become physically or mentally incapable of acting as a Member; or
c) is of unsound mind and stands so declared by a competent court; or
d) has so abused his position as to render his continuance in office prejudicial to public
interest.

(2)-No Member shall be removed under sub-section (1) unless he has been given a reasonable
opportunity of being heard in the matter.

Functions of the Board

Section 18- (1) The Board will perform the following functions, namely:-

a) Formulate a comprehensive and affirmative scheme for welfare of victims and devise a
policy for implementing such schemes with the approval of the appropriate Government
and implement the scheme.
 b) Recommend measures for women, children and other weaker section which are displaced
due to climate change.
c) Recommend welfare measures to be adopted and implemented by the appropriate
Government with a view to ameliorating the conditions of climate change displaced
person.
d) Collect and maintain data relating to the socio and economic development of climate
change displaced person.
e) Calculate the compensation amount as mentioned under section of this act.

Fund for relief and rehabilitation

Section 19- Fund- (1) Government will establish a fund called Fund for climate change
Displaced person, which will consists of

a) all moneys received from the Central Government

b) all moneys received by way of gifts or donations from a public sector undertaking or a
local authority or an individual or a private voluntary organization for all or any of the
purposes of this Act
c) Amounts received as aid from the international organizations or organizations in India for
climate change displaced person.

(2) The Fund shall be applied for the following purposes, namely

a) For the purposes of grants for relief and rehabilitation as provided as provided in this act.
b) For meeting the expenses for exercising or performing other powers and functions under
this act.
c) For creating employment opportunities for women.
d) For health and education of Children’s.
e) For giving the compensation.
f) For such other purposes as may be prescribed.

Section 20- Compensation-

(1) On the recommendation of the Board, government will give compensation to climate change
displaced person. (2)
Board will recommend the amount after the calculating the loss of climate change displaced
person.
(3) For calculating the Amount for Compensation board will take the claims of climate change
displaced person. (4) In
case of any dispute with regards to the amount compensation, climate change displaced person
within 100 days from announcement of amount can file his objection before the special court.

Special Court

Section 21- Special Court- (1) Government will establish special courts for any dispute arising
under this act.

(2) Special court will be presided over by a judge to be appointed by the Government with the
concurrence of the Chief Justice of the High Court.

(3) Judge appointed must be sitting additional sessions judge.

Section 22 -While providing compensation and relief to the climate change displaced person

(a)There shall be no discrimination on the ground of sex, caste, community, descent or religion;
and (b) uniformity of assistance irrespective of
caste, community or religion is maintained

Section 23 - Provisions of this Act shall be in addition to, and not in derogation of, any other
laws for the time being in force except to the extent the provisions of other laws are inconsistent
with the provisions of this Act.

Section-24 Government may, by notification, make rules for carrying out the provisions of this
Act.
Bibliography
 Global Climate Change beyond Copenhagen by A N Sarkar
 S K Das, Climate Change An Indian Perspective(Cambridge University Press India Pvt
Ltd., New Delhi, 2007)
 Stolen Future, Broken Present The Human Significance of Climate Change David A.
Collings
 Climate change Meeting the Challenge by K R Gupta.
 Climate Change And Displacement, Multidisciplinary Perspectives, Edited by Jane
McAdam.

Web Resources

 https://climate.nasa.gov/
 http://www.adaptation-undp.org/
 https://climate.nasa.gov/
 http://www.ipcc.ch/
 http://unfccc.int/2860.php
 https://www.iom.int/

Articles
 Julia Toscano, Climate Change Displacement and Forced Migration: An International
Crisis.
 In The  Face Of Looming Catastrophe:  A Convention For Climate Change Displaced
 Persons David  Hodgkinson  And  Lucy  Young.
 Draft Convention on the International Status of Environmentally-Displaced Persons,
Michel Prieur.
 Climate Change And The Legal Treatment Of Environmental Refugees by Nicholas.
 Women, Climate Change and Liberation in Africa, Filomina Chioma Steady.
 The Oslo Principles and Climate Change Displacement, Satvindar Nagra.