Climate migration and water rights

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Internally displaced peoples as the result of a monsoon in Vanni, Sri Lanka, in 2008. Monsoon Floods and Climate Displacement.jpg
Internally displaced peoples as the result of a monsoon in Vanni, Sri Lanka, in 2008.

Climate migration refers to the displacement of individuals, both within countries and across borders, as a result of climate-related disasters. This includes events that occur rapidly, such as hurricanes and flood s, as well as slow-onset events like desertification and sea-level rise. The increasing frequency and intensity of these disasters are forcing millions of people to leave their homes in search of safety and stability.

Contents

Water rights encompass the fundamental human right to access safe and clean drinking water. Recognized as essential for life and the enjoyment of all other human rights, access to clean water is crucial, especially for displaced populations such as refugees and asylum seekers. International legal frameworks, including the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, affirm the right to water and sanitation as a basic human right.

The impact of climate change on water availability and quality is significant, particularly in regions like the Middle East, North Africa, and South Asia, where high water stress levels are prevalent. Climate change-induced water scarcity poses challenges for vulnerable populations, including indigenous communities and people of color, who are disproportionately affected by environmental crises.

Climate migration

Climate migration is the displacement of people both internally within countries or internationally due to climate-related disasters, which include both rapid and slow onset events. Slow onset events describe natural disasters that are exacerbated by anthropogenic climate change and occur over several years or decades. [1] Rapid onset events have a distinct beginning and end, occurring in a matter of days. The number of climate migrants displaced by natural disasters globally increased 41 percent from 2008 to 2022, [2] with some studies predicting that up to 1.2 billion people could be displaced by the year 2050. [3] Concerns over universal water availability and quality have been raised, as both are impacted by rising temperatures. [3] These impacts could lead to the rapid spread of diseases and food shortages, detrimentally impacting many people's lives. For the reasons thus mentioned, advocacy groups and institutions such as The International Human Rights Clinic at Harvard Law School have set their focuses on the intersection of climate change and human rights, in attempts to discern a framework that can be implemented when the right to clean water has been violated in international law. [4]

Changing water patterns

The water cycle

The water cycle is an important system that moves the water on Earth around, cycling it continuously between the atmosphere, rivers, oceans, lakes, and glaciers, and groundwater supplies. This pattern is crucial aspect of how the Earth systems work, contributing weather patterns as we know them. [5] However, climate warming is causing the water cycle to speed up, or intensify, a process known as water cycle intensification that contributes to more frequent and intense weather events, changing sea levels, and more extreme temperatures, facilitating the need for more climate migration and forcing many out of their homes. It is highly likely that global warming is increasing the average amount of precipitation and evaporation each year, allowing more moisture to enter into weather systems, [6] in turn driving the mean wetness of wet seasons and events to increase. [6] Continuing an increased warming over land as opposed to the ocean has led to increases the severity of droughts. [6]

A 2004 analysis of water runoff found that it fluctuations in water runoff correlated with increases of carbon dioxide, leading to what the authors of the study described as the first time the link between the intensification of the water cycle and global warming has been shown by experimental-based evidence. [7] A study conducted in 2000 found that all the places with long-term records in the Global Soil Moisture Data Bank, with samples representing a wide variety of geographies, were trending upwards in their soil moisture. [8] Some other variables that have been explored pertaining to the intensification of the water cycle include precipitation, which is trending upwards at both regional and global scales in the 20th century, [9] actual evapotranspiration, which was found to be increasing on a regional scale in the latter half of the 20th century, [9] floods, which were found to have not changed or to be increasing on a regional scale in the 20th century, [9] and droughts, which were found to be increasing on a regional scale in the latter half of the 20th century. [9] Looking to the future, increased amounts of heavy precipitation are predicted, [10] and, while flood frequency cannot conclusively be predicted, [10] increased soil moisture is expected to increase the severity of flooding events. [10]

Effects on migration

Analysis by the World Bank Group of data representing 64 countries between 1960 and 2015 found that a lack of water was a significant driver of increasing global migration, [11] and that dry rainfall shocks (periods of time with precipitation levels significantly below average) are expected to have the most significant impact on migration of water related events. [11]

Who is most affected

Several groups of people are disproportionately impacted by climate change and displacement globally. This includes those living in the Global South and small island developing states (SIDS), which are increasingly the most impacted by climate change, despite having contributed the least to global greenhouse gas emissions (GHGs) historically. [12] Regions that currently face the most water stress include the Middle East and North Africa, where 83% of inhabitants face high water stress, and South Asia, where 74% of inhabitants face high water stress. [13] Indigenous communities are disproportionately displaced by climate change at seven times the rate of the entire global population. [14] People of color whom are already impacted by socioeconomic inequalities are also disproportionately impacted by climate change, [15] and are at higher risk of climate related health impacts than their white counterparts. [16]

In terms of demographics, climate migration has been shown to disproportionately affect women, as many remain in dangerous environments to assume household responsibilities whilst men seek more prosperous livelihoods elsewhere. [17] Another result of climate migration is the deepening of gender divides, as women are more likely to face discrimination and abuse, socioeconomic inequality, face lack of information and resources, and have the least capacity to respond to climate disasters. Children, especially older girls, are also extremely vulnerable to climate migration, as many have to sacrifice their education to take on more familial roles at home. [18] Women and children are most often responsible for water collection and there tend to be the most impacted by water scarcity. [19] They may also be impacted by torrential rains or floods which can result in school absences, or be separated from their families and forced to live in unstable living arrangements as a result. [18]

Human rights law

Human rights law refers to a combination of international treaties and other instruments with the aim of protecting the rights of humans. It operates with the understanding that all humans have dignity and have basic, fundamental rights afforded to them. The Universal Declaration of Human RIghts, adopted by the United Nations General Assembly in 1948, sets out fundamental human rights that should be afforded to all people, and was the first document to do so. [20] This Declaration, combined with the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, which add on to the Universal Declaration of Human Rights, [21] forms the International Bill of Human Rights. [20] The right to life, right to freedom from torture and inhumane treatment, right to equal treatment before the law, right to privacy, and right to education and the enjoyment of benefits of cultural freedom and scientific progress are all examples of rights deemed fundamental by the International Bill of Human Rights. Access to water and sanitation also constitutes a fundamental human right recognized by the United Nations. [22]

Despite the significance of certain rights being recognized as fundamental to the United Nations, enforcing this proves to be extremely difficult. A lack of effective follow up measures, disagreement among member states about whether or not to intervene, and a ban on the use of force have curtailed enforcement efforts by the United Nations. [23] However, peer pressure from other states has emerged as an effective potential manner of promoting rule following. [23]

Right to clean water

The right to safe and clean drinking water is recognized as a fundamental human right, essential for the full enjoyment of life and all human rights. In 2010, the United Nations General Assembly formally adopted a resolution declaring access to safe and clean drinking water as a human right. [24] This right applies universally, including to displaced populations such as refugees and asylum seekers.

More recently, in 2020, the UN Human Rights Committee (HRC) set a precedent in Teitiota v. New Zealand, that forcibly returning a person to a place where their life would be at risk due to the impact of climate change may violate the right to life, according to the International Covenant on Civil and Political Rights (ICCPR). [25] This occurred after Ioane Teitiota, from the Pacific nation of Kiribati, was facing land disputes and inability to access safe drinking water as the result of the climate crisis, forcing him to migrate to New Zealand. However, in New Zealand he was denied asylum as a climate refugee and was then deported. According to the Oxford Human Rights Hub, "While the Applicant's claim was unsuccessful, the ruling has nevertheless been lauded as 'landmark' because the HRC accepted that states have an obligation not to forcibly return individuals to places where climate changes poses a real risk to their right to life. Consequently, it represents a significant jurisprudential development in the protection of climate refugees under international human rights law."

International obligations and refugee rights

Under international law, the denial of access to clean water constitutes a violation of states' obligations to uphold fundamental human rights. These obligations are enshrined in various international legal frameworks, including the Universal Declaration of Human Rights (UDHR) [26] and the International Covenant on Economic, Social and Cultural Rights (ICESCR). [27] Specifically, Article 25 of the UDHR [28] recognizes the right to a standard of living adequate for health and well-being, which includes access to clean water. These obligations extend to all individuals within a state's jurisdiction, regardless of their legal or migratory status. Refugees, as particularly vulnerable individuals, are entitled to adequate water and sanitation services to ensure their health, dignity, and well-being. [29]

Camps built in Kenya for displaced migrants due to 2011 Horn of Africa drought. Refugee shelters in the Dadaab camp, northern Kenya, July 2011 (5961213058).jpg
Camps built in Kenya for displaced migrants due to 2011 Horn of Africa drought.

Challenge in refugee camps

Despite the legal framework, many refugee camps struggle to provide sufficient water and sanitation services. Inadequate infrastructure, limited resources, and overcrowding make it difficult to ensure a consistent and safe supply of clean drinking water. [30] Refugee camps, often located in remote or resource-scarce areas, are particularly prone to these issues. Water quality can be compromised, and there may be severe limitations on the quantity and availability of clean water, exposing refugees to significant health risks such as waterborne diseases. [31]

Implications & future action

The escalating impacts of climate change are rendering significant portions of the world uninhabitable, displacing millions of people annually. Droughts, water scarcity, and rising sea levels are among the primary environmental factors driving this displacement, forcing communities to abandon their homes. Rising temperatures exacerbate resource scarcity, intensifying competition for vital necessities such as water and arable land, and often contributing to conflicts that further force migration. [32]

The UNHCR reports that approximately 32 million people were displaced in 2022 due to weather-related hazards, [33] with numbers steadily increasing, a reminder of the immediate human cost of environmental crises. This number includes those affected by sudden disasters, such as hurricanes and floods, as well as those forced to migrate due to slow-onset events like desertification and sea-level rise. [34] By 2050, experts predict the number of climate refugees could soar to an estimated 1.2 billion, [35] driven by a combination of worsening environmental conditions and socio-economic vulnerabilities. This projection underscores the urgent need for coordinated global action to address the complex interplay of climate, migration, and security.

To mitigate the growing challenges posed by climate-driven migration, several international initiatives are in place, with notable examples being the European Green Deal and the Paris Agreement . The European Green Deal outlines a comprehensive strategy to achieve carbon neutrality by 2050, emphasizing renewable energy, sustainable industry, and the preservation of biodiversity. [36] By addressing emissions at their source, the initiative aims to reduce the factors contributing to climate displacement. Similarly, the Paris Agreement, a landmark global accord, seeks to limit global temperature rise to well below 2°C—preferably to 1.5°C—above pre-industrial levels. [37] This agreement prioritizes international collaboration, mobilizing resources to help vulnerable nations adapt to climate impacts and strengthen resilience. Together, these efforts represent a critical step in addressing both the causes and consequences of climate-induced migration, though continued commitment and innovation will be essential to meet the scale of the challenge.

Related Research Articles

<span class="mw-page-title-main">Refugee</span> Displaced person

A refugee, according to the United Nations High Commissioner for Refugees (UNHCR), is a person "forced to flee their own country and seek safety in another country. They are unable to return to their own country because of feared persecution as a result of who they are, what they believe in or say, or because of armed conflict, violence or serious public disorder." Such a person may be called an asylum seeker until granted refugee status by a contracting state or by the UNHCR if they formally make a claim for asylum.

<span class="mw-page-title-main">Internally displaced person</span> Person forced to leave their home who remains within their country

An internally displaced person (IDP) is someone who is forced to leave their home but who remains within their country's borders. They are often referred to as refugees, although they do not fall within the legal definitions of a refugee.

<span class="mw-page-title-main">Forced displacement</span> Coerced movement of a person or persons away from their home or home region

Forced displacement is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, generalized violence or human rights violations".

<span class="mw-page-title-main">World Water Day</span> Annual United Nations observance

World Water Day is an annual United Nations (UN) observance day held on the 22nd of March that highlights the importance of fresh water. The day is used to advocate for the sustainable management of freshwater resources. The theme of each year focuses on topics relevant to clean water, sanitation and hygiene (WASH), which is in line with the targets of Sustainable Development Goal 6. The UN World Water Development Report (WWDR) is released each year around World Water Day.

<span class="mw-page-title-main">Human right to water and sanitation</span>

The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).

<span class="mw-page-title-main">Environmental migrant</span> People who leave a region because of a changing environment

Environmental migrants are people who are forced to leave their home of residency due to sudden or long-term changes to their local or regional environment. These changes compromise their well-being or livelihood, and include increased drought, desertification, sea level rise, and disruption of seasonal weather patterns. Though there is no uniform, clear-cut definition of environmental migration, the idea is gaining attention as policy-makers and environmental and social scientists attempt to conceptualize the potential social effects of climate change and other environmental degradation. Environmental migrants originate from a variety of different locations, including Small Island Developing States.

The Norwegian Refugee Council is a humanitarian, non-governmental organisation that protects the rights of people affected by displacement. This includes refugees and internally displaced persons who are forced to flee their homes as a result of conflict, human rights violations and acute violence, as well as climate change and natural disasters.

The Dublin Statement on Water and Sustainable Development, also known as the Dublin Principles, was a meeting of experts on water related problems that took place on 31 January 1992 at the International Conference on Water and the Environment (ICWE), Dublin, Ireland, organised on 26–31 January 1992.

<span class="mw-page-title-main">Climate change and poverty</span> Correlation of disproportionate impacts of climate on impoverished people

Climate change and poverty are deeply intertwined because climate change disproportionally affects poor people in low-income communities and developing countries around the world. The impoverished have a higher chance of experiencing the ill-effects of climate change due to the increased exposure and vulnerability. Vulnerability represents the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change including climate variability and extremes.

<span class="mw-page-title-main">Water scarcity in Africa</span> Overview of water scarcity in Africa

The main causes of water scarcity in Africa are physical and economic water scarcity, rapid population growth, and the effects of climate change on the water cycle. Water scarcity is the lack of fresh water resources to meet the standard water demand. The rainfall in sub-Saharan Africa is highly seasonal and unevenly distributed, leading to frequent floods and droughts.

<span class="mw-page-title-main">Kampala Convention</span> International agreement of the African Union adopted in 2009

The Kampala Convention is a treaty of the African Union (AU) that addresses internal displacement caused by armed conflict, natural disasters and large-scale development projects in Africa.

<span class="mw-page-title-main">Water resource policy</span>

Water resource policy, sometimes called water resource management or water management, encompasses the policy-making processes and legislation that affect the collection, preparation, use, disposal, and protection of water resources. The long-term viability of water supply systems poses a significant challenge as a result of water resource depletion, climate change, and population expansion.

<span class="mw-page-title-main">Human rights and climate change</span>

Human rights and climate change is a conceptual and legal framework under which international human rights and their relationship to global warming are studied, analyzed, and addressed. The framework has been employed by governments, United Nations organizations, intergovernmental and non-governmental organizations, human rights and environmental advocates, and academics to guide national and international policy on climate change under the United Nations Framework Convention on Climate Change (UNFCCC) and the core international human rights instruments. In 2022 Working Group II of the IPCC suggested that "climate justice comprises justice that links development and human rights to achieve a rights-based approach to addressing climate change".

<span class="mw-page-title-main">Environmental issues in Yemen</span>

Located in West Asia, Yemen’s environmental issues involve mainly water scarcity, environmental pollution, and climate change. However, UNDP reported in 2023 that years of humanitarian and development crises undermine socio-economic development and worsen environmental conditions. A recent report ranked Yemen 163 out of 166 countries in terms of progress to meet Sustainable Development Goals.

<span class="mw-page-title-main">Sustainable Development Goal 6</span> Global goal to achieve clean water and sanitation for all people by 2030

Sustainable Development Goal 6 declares the importance of achieving "clean water and sanitation for all". It is one of the 17 Sustainable Development Goals established by the United Nations General Assembly to succeed the former Millennium Development Goals (MDGs). According to the United Nations, the overall goal is to: "Ensure availability and sustainable management of water and sanitation for all." The goal has eight targets to be achieved by 2030 covering the main areas of water supply and sanitation and sustainable water resource management. Progress toward the targets will be measured by using eleven indicators.

<span class="mw-page-title-main">Climate change in Iraq</span> Emissions, impacts and responses of Iraq related to climate change

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<span class="mw-page-title-main">Right to a healthy environment</span> Human right proposed by environmental groups

The right to a healthy environment or the right to a sustainable and healthy environment is a human right advocated by human rights organizations and environmental organizations to protect the ecological systems that provide human health. The right was acknowledged by the United Nations Human Rights Council during its 48th session in October 2021 in HRC/RES/48/13 and subsequently by the United Nations General Assembly on July 28, 2022 in A/RES/76/300. The right is often the basis for human rights defense by environmental defenders, such as land defenders, water protectors and indigenous rights activists.

Climate migration is a subset of climate-related mobility that refers to movement driven by the impact of sudden or gradual climate-exacerbated disasters, such as "abnormally heavy rainfalls, prolonged droughts, desertification, environmental degradation, or sea-level rise and cyclones". Gradual shifts in the environment tend to impact more people than sudden disasters. The majority of climate migrants move internally within their own countries, though a smaller number of climate-displaced people also move across national borders.

Jane Alexandra McAdam is an Australian legal scholar, and expert in climate change and refugees. She is a Scientia Professor at the University of NSW, and is the inaugural Director of the Kaldor Centre for International Refugee Law. She was awarded an Order of Australia in 2021 for “distinguished service to international refugee law, particularly to climate change”.

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