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.