A Critical Look and a Note of Caution Addressing Environmental Migration through International Governance: Benoît Mayer, PhD candidate, National University of Singapore Tracing Social Inequalities in Environmentally-induced Migration, Bielefeld 12 December 2012 Programme EXCLIM

Existing law: Convention relating to the status of refugees Internal displacement: guiding principles + African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) Human rights law Proposals: Treaty? « Soft law » (e.g. General Assembly resolution)? Regional or bilateral cooperation ? National framework? International law and environmental migration: a normative gap?

Assumption: Climate / environmental migrants ought to be a category of concern. …Why?

Two alternative ethical approaches: Distributive justice Corrective justice

Two alternative ethical approaches: Distributive justice: addressing vulnerability. Corrective justice: implementing responsibility.

Two alternative ethical approaches: Distributive justice: addressing vulnerability. Corrective justice: implementing responsibility. Voluntary approach (‘should’) Between ‘wealthy’ and ‘poor’ individuals / communities / states Bilateral / regional / multilateral approach Stronger obligation (‘must’) Between ‘culpable’ and ‘harmed’ states / groups of states Multilateral approach, possibly through international jurisdictions

Distributive justice approach: Addressing the vulnerability of environmental migrants Image credit:

Distributive justice approach: The vulnerability of environmental migrants… and others affected by environmental changes! Migration frequency Vulnerability (including exposure and resilience) Capacity to adapt in place Migration as adaptation

Distributive justice approach: The vulnerability of environmental migrants… and others affected by environmental changes! Migration frequency Vulnerability (including exposure and resilience) Capacity to adapt in place Migration as adaptation ‘Trapped’ in place

Climate migrants Distributive justice approach: The vulnerability of climate migrants… and other migrants!

Climate migrants Environmental migrants Distributive justice approach: The vulnerability of climate migrants… and other migrants!

Climate migrants Environmental migrants Forced migrants Distributive justice approach: The vulnerability of climate migrants… and other migrants!

Climate migrants Environmental migrants Forced migrants Migrants Distributive justice approach: The vulnerability of climate migrants… and other migrants! ‘Survival migration’ (A. Betts)

Environmental migrantsEnvironmental non-migrants Non-environmental migrantsNon-environmental non-migrants Distributive justice approach: Vulnerability beyond environmental migration

Distributive justice approach: Addressing specific types of vulnerability

Distributive justice approach: Addressing specific types of vulnerability Type of migration Characteristics‘Environmentally- induced’ example EvacuationCollective, reactive, forced, often temporary Environmental disasters ResettlementCollective, proactive, not directly forced, long term Sea level rise Livelihood diversification Individual, proactive, not directly forced, long term Resource depletion

Distributive justice approach: Addressing specific types of vulnerability Type of migration Characteristics‘Environmentally- induced’ example Non ‘environmentally- induced’ example EvacuationCollective, reactive, forced, often temporary Environmental disasters Industrial disasters ResettlementCollective, proactive, not directly forced, long term Sea level riseIndustrial / development projects Livelihood diversification Individual, proactive, not directly forced, long term Resource depletion Economic downturn

Distributive justice approach: Addressing specific types of vulnerability Type of migration Characteristics‘Environmentally- induced’ example Non ‘environmentally- induced’ example Normative forums (examples) EvacuationCollective, reactive, forced, often temporary Environmental disasters Industrial disasters UNISDR, ILC ResettlementCollective, proactive, not directly forced, long term Sea level riseIndustrial / development projects Development institutions Livelihood diversification Individual, proactive, not directly forced, long term Resource depletion Economic downturn States, bilateral cooperation, regional forums

Corrective justice approach: A question of responsibility? Image credit:

Corrective justice approach: The polluters’ responsibility for climate-related migration 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC)

Corrective justice approach: The polluters’ responsibility for climate-related migration Wrongful actDamage Secondary obligations: 1.Cessation/ non repetition, and 2.Reparation (restitution, compensation, or satisfaction) 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC)

Corrective justice approach: The polluters’ responsibility for climate-related migration Wrongful actDamage Secondary obligations: 1.Cessation/ non repetition, and 2.Reparation (restitution, compensation, or satisfaction) GHG emissions (?) Loss and damages 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC)

Corrective justice approach: The polluters’ responsibility for climate-related migration… and other loss and damages! Migration frequency Harm Capacity to adapt in place Migration as adaptation ‘Trapped’ in place Economic harmMigration Existential risks

Corrective justice approach: The polluters’ responsibility for climate-related migration… and other loss and damages! Wrongful actDamage Secondary obligations: 1.Cessation/ non repetition, and 2.Reparation (restitution, compensation, or satisfaction) GHG emissions (?) Loss and damages (including migration, but not only!) 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC)

Corrective justice approach: The polluters’ duty to repair… not to interfere! Wrongful actDamage Secondary obligations: 1.Cessation/ non repetition, and 2.Reparation (restitution, compensation, or satisfaction) GHG emissions (?) Loss and damages (including migration, but not only!) 1.Mitigation 2.Adaptation (restitution impossible, therefore compensation) 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC)

Two alternative ethical approaches: Distributive justice: addressing vulnerability. Corrective justice: implementing responsibility. Argument for a regulation of types of migration (evacuation, resettlement, livelihood diversification), notwithstanding the cause. Arguments for a compensation of climate change-induced migrants, not justifying any form of international interference in the regulation of internal migration.

Assumption: Climate / environmental migrants ought to be a category of concern. …Why?

Assumption: Climate / environmental migrants ought to be a category of concern. …Why? …What can it lead us to?

Distributive justice Corrective justice States Environmental migration Universal standards Adapted from: B. Mayer, “Environmental Migration in the Asia-Pacific Region: Could We Hang Out Sometime?” (2013) 3:1 Asian Journal of International Law (forthcoming). Universal standards serving humanity as a whole?

WBGU 2007

Research Adapted from WBGU % of people displaced by sudden disasters (except droughts) in the World are Asians.

Global governance West Third World Distributive justice? Corrective justice? Research (mostly in the West) Environmental Migration Fear of the “environmental refugee” Lack of empirical information Adapted from: B. Mayer, “Environmental Migration in the Asia-Pacific Region: Could We Hang Out Sometime?” (2013) 3:1 Asian Journal of International Law (forthcoming). Interference A Western interference?

Broader significance for global migration governance: – Definition as a tool for exclusion: oversight of other forced migrants and other causes of migration. – Politics of fear: legitimizing violence against (international) migrants. Broader significance for global climate governance: – Shifting priorities, from mitigation to adaptation, to migration. – Legitimizing interference: a green neo-colonialism? The note of caution: the dangers of dealing with ‘environmental migration’

Thank you! Benoît Mayer, Programme EXCLIM