On 22 October, Pakistan tabled a new piece of legislation in its National Assembly: the Climate Refugees Rights and Protection Bill 2024. This bill, if passed, would mark Pakistan as the first country to legally recognise and protect climate refugees through a structured, legally binding framework. As such, it would set a precedent for global acknowledgment of the human cost of climate change, particularly in vulnerable regions where climate-induced displacement is increasingly common. The bill was proposed by Mr. Muhammad Moin Aamer Pirzada, a member of the National Assembly, and was informed by a young student, Faris Uddin Ahmed.
Pakistan is one of the world’s most climate-vulnerable nations, ranking 8th in the most recent Global Climate Risk Index. It faces extreme weather events, including a devastating 2022 flood that displaced 7.9 million people.
Defining Climate Refugees in Law
At the core of the bill is a formal legal definition of climate refugees, distinguishing them from economic migrants and other forms of refugees. It defines climate refugees as “individuals or communities in Pakistan who are forced to leave their home or area due to the adverse impacts of climate change”. The focus is therefore on internally displaced individuals who have to relocate within Pakistan. The distinction with other kinds of migrants and refugees allows Pakistan to apply tailored protections that address the circumstances of displacement specific to climate change, a legal step that remains largely unprecedented in other jurisdictions.
Among those protections is the creation of a Climate Refugee Centre in Islamabad and other locations as needed. The bill proposes that the Centre be designed to support climate refugees through registration in a national database, property protection, and temporary shelter. It provides healthcare, sanitation, anti-discrimination protections, education for children, and vocational training for adults. A key focus is on preventing tent cities from becoming permanent by prioritising refugees’ safe return home. The Centre should also collaborate on projects with local and international entities, coordinate with provincial centres, and advise the government on climate adaptation policies.
A final key aspect of the proposed bill is the establishment of a Climate Refugees Centre Fund, which will support the Centre’s operations and expenses, drawing from multiple sources. This includes allocations in the federal budget, grants, and loans from federal and provincial governments, income from investments and other sources, as well as donations, gifts, and bequests.
Why Climate Refugees Need Legal Recognition
As the number of people forced to flee their homes because of climate-related disasters continues to grow, legal protections to become increasingly necessary. Without a legal status, these individuals are likely to fall through the cracks, since they won’t have any protections available to them. Unlike other kinds of refugees, such as those fleeing from persecution based on their political opinion or sexual orientation, climate refugees occupy an unrecognised legal space. When a form of persecution is legally recognised - such as is the case for political and LGBTQ refugees – the framework will recognise the dangers the refugees face and offer certain protections, including access to asylum systems. Climate refugees find themselves in a legal vacuum. They remain excluded from established legal pathways for refugees. The displacement they face is not tied to targeted persecution on account of a fundamental trait they possess but to environmental destruction caused by climate change. As a result, climate refugees are unable to claim asylum or requested another form of protected status.
Internal Versus International Climate Displacement
Pakistan’s approach to climate displacement, which focuses primarily on internal solutions, reflects the realities of a Global South country that has contributed minimally to climate change yet faces its devastating effects. Addressing internal displacement is a pragmatic step as the majority of climate-induced migration there occurs within Pakistan’s borders. This approach allows for targeted, localised support systems and legal protections that can adapt to Pakistan’s specific socio-economic and infrastructural capacities.
Conversely, it would be imperative for Global North countries and regions – such as the U.S. and the EU – to address the mounting issue of international climate refugees. As significant historical contributors to greenhouse gas emissions, these wealthier nations bear a level of responsibility for the climate crisis set to displace millions. These countries should not only be more receptive to climate refugees but also actively consider expanding their legal frameworks to formally recognise and protect those displaced across borders by climate impacts.
The Concept of ‘Climate Refugees’ in Other Jurisdictions
Neither the international nor any national legal framework recognises “climate refugees” as a protected category, despite the term’s widespread recognition within the climate space. The lack of recognition of climate-displaced people as refugees reveals a critical gap, especially with estimates suggesting that up to 1.2 billion people may be displaced due to climate change by 2050.
The UN Human Rights Council therefore aptly describes climate refugees as “the world’s forgotten victims”. The group’s vulnerability to risks such as deportation is demonstrated in the case of Ioane Teitiota from Kiribati, an island nation facing existential threats from rising sea levels. Mr. Teitiota applied for refugee status in New Zealand on the grounds of climate displacement. Teitiota’s application was rejected, and he was repatriated in 2015. When he appealed to the UN Human Rights Committee, claiming his right to life was violated by his deportation, it sided with New Zealand. Mr. Teitiota had failed to demonstrate that the threat to his life was sufficiently imminent due to the potential of intervening acts before the climate risk materialised. However, the Committee did recognise that “environmental degradation, climate change and unsustainable development constitute some of the most pressing and serious threats to the ability of present and future generations to enjoy the right to life”.
In the European Union, climate change has been recognised as a driver of migration. The European Commission acknowledges that climate change fuels instability through displacement, food insecurity, and even conflict. Yet, despite many calls from climate-vulnerable countries to formally include climate migrants within refugee frameworks, certain EU countries’ opposition has thus far prevented this shift.
In the United States, there have been litigation efforts to include climate-based asylum claims. In a recent case of Cruz Galicia v. Garland (2024), the U.S. Court of Appeals for the First Circuit addressed, for the first time, a climate-driven asylum claim. The court concluded that climate-displaced individuals cannot qualify as a ‘particular social group’ eligible for asylum. Cruz Galicia argued he and his family faced starvation and deprivation if they returned to Guatemala due to severe droughts, storms, and the impacts of the COVID-19 pandemic. However, the court ruled that these circumstances, while serious, did not meet the criteria for asylum under U.S. law, which limits protections to those fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
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