Climate Refugees Left In Legal Limbo

(MENAFN- Swissinfo) “Climate refugees” are not recognised by international law. Should a new status be created to protect them? Opinions are divided, even as more and more people are forced to flee their homes because of the effects of climate change. This content was published on June 3, 2025 - 09:00 8 minutes

Warfare, humanitarian crises, climate change, health... I cover geopolitical issues from international Geneva and coordinate the "Genève Vision" editorial project, a joint venture among SWI swissinfo, Géopolitis RTS and the European Broadcasting Union (EBU). As a former environmental journalist, I have developed a keen interest in raw materials and have reported on mining conflicts in the Arctic. I studied geography and specialised in investigative journalism, video, and data journalism at the Academy of Journalism and Media, collaborating with outlets such as Temps présent (RTS), Le Temps, 24 Heures, Heidi, and Geneva Solutions.

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In 2009 the Maldivian government held a symbolic underwater meeting to raise global awareness about the existential threat posed by rising sea levels to their low-lying island nation. Images of government ministers, clad in scuba gear and gathered around a table six metres below the surface of the ocean, were beamed around the world.

Rising sea levels, drought, floods, landslides, wildfires – climate-induced natural disasters have driven more than 220 million people from their homesExternal link in the past ten years, according to the Office of the United Nations High Commissioner for Refugees (UNHCR). Those affected often fall between the cracks of international law, and many are left without due legal protection.

The 1951 UN Refugee Convention does not recognise climate change and its effects as a basis for seeking asylum.

The former UN Special Rapporteur on human rights and climate change voiced his preoccupation about this at a briefing in Geneva in 2022:“I am particularly concerned about this issue of people displaced across international borders that are not defined as refugees under the Refugee Convention and therefore fall through the cracks as far as legal protection is concerned.”

Kai Reusser / SWI swissinfo

This significant gap in the law is all the more worrying at a time when nearly half the world's population lives in environments that are“highly vulnerable” to climate change, according to estimates by the Intergovernmental Panel on Climate Change (IPCC).

Landmark UN opinion

“The effects of climate change [...] may expose individuals to a violation of their rights under articles 6 or 7 of the Covenant, thereby triggering the non-refoulement obligations of [...] States,” reads the historic decision .“Furthermore, given that the risk of an entire country becoming submerged under water is such an extreme risk, the conditions of life in such a country may become incompatible with the right to life with dignity before the risk is realized.”

While this precedent opens a door, the admissibility criteria remain strict. The applicant, Ioane Teitiota, was sent back to his country, as he could not demonstrate that he was facing an“imminent” danger.

Divisive issue

Five years on, the international community remains divided over the creation of a specific status for climate refugees, and talks on the issue have run aground.

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