What next for the people displaced by the growing climate crisis?

Authored by Laura Karan, Communications and Fundraising Lead

In this blog, we highlight our involvement in a landmark case before the Inter-American Court of Human Rights, focusing on the critical issue if climate displacement in the Caribbean context. We recently blogged about our written submissions and the potential impact of our arguments being accepted in this case. Since then, the hearing has taken place and we presented our arguments orally. Read on for the key takeaways or read the full submission here.

Context: Now is the Time to Act

Against the backdrop of recent devastating flooding in Southern Brazil, the Council stands in solidarity with affected individuals and communities. The urgency is clear: climate change exacerbates risks worldwide, with Caribbean and Small Island States facing disproportionate impacts as ‘ground zero’ for the climate emergency.

Key Arguments Presented in our Oral Submission

1. Preventive Obligations: Our submission emphasizes that States have a specific duty to adopt mitigation and adaptation policies aimed at preventing climate displacement. This includes reducing greenhouse gas emissions and implementing tailored adaptation strategies that respect procedural obligations like access to information and non-discrimination.

2. Responsive Legal Obligations: We argue that States must uphold human rights in the face of climate displacement. This includes respecting the principle of non-refoulement, ensuring individuals are not returned to countries where their rights are threatened by climate disasters. We advocate for expanded definition of refugee status under international agreements to protect climate-displaced persons.

3. Duty to Cooperate: Our submission stresses that States have a duty to cooperate under international law to address cross-border displacement caused by climate change. This involves developing new normative agreements and sharing the burden of supporting climate-displaced populations, with an emphasis on common but differentiated responsibilities.

4. Legal Consequences and Compensation: In cases where States breach their obligations, we argue for legal consequences such as cessation of harmful practices and the establishment of mechanisms for compensatory and restitutionary awards. Climate displacement constitutes both non-financial and financial losses that warrant recognition and redress under international law.

Conclusions

The Council remains committed to advocating for the rights of climate-displaced persons, emphasizing the intersection of environmental justice and human rights. This includes the development of a first-of-its-kind global Climate Displacement Case Database which we will be sharing updates on ahead of its launch later this year. This Database will host all global litigation related to climate displacement. At the Council, we will be using this resource to learn from past arguments and experiences, inform regional strategies that address the injustices faced by climate-displaced people and secure protections for those displaced by climate emergency using the power of people and the law.
Follow our blog for updates on this case and how we are supporting equitable solutions for all affected by climate displacement.