Recognition of the Rights of the Victims of Climate Change under Public International Law: A Study

Abstract

In recent years, climate change is emerging as a major environmental disaster. The impact of such disasters has been the rise in global temperature and flooding of coastal zone communities, frequent droughts and disruptions in rainfall pattern. This has resulted in the increase in the number of environmental refugees. Climate change disasters constitute a major reason for displacement of population than war and persecution. Climate induced migration is a highly complex issue. The status of climate refugees is not recognized in the international framework. The non recognition of these victims in international and national legislations has not only deprived them of their basic human rights but has also raised crucial questions relating to their existence and identity. This paper tries to bring out the lacunae in the present policy and legal framework relating to environmental refugees with reference to the non-refoulement principle. Further, the paper emphasizes on the need to include climate refugees under the term „refugee‟ as laid down in the United Nations Convention relating to the Status of Refugees, 1951and provides suggestions for improving the condition and protection of this hitherto neglected population.