1. Protecting Environmental Migrants: Recent Findings from the UNU-EHS Summer Academy
Michèle Morel
PhD Fellow Research Foundation Flanders (FWO)
Ghent University, Faculty of Law
Department of Public International Law
13-17 September 2010
2010 Colloquium of the IUCN Academy of Environmental Law
Gent, Belgium

2. UNU-EHS & MRF Summer Academy July 2010
United Nations University
Institute for Environment and Human Security
Developing policy recommendations for the protection of environmental migrants
Michèle Morel, Ghent University - Belgium

3. Schloss Hohenkammer
Michèle Morel, Ghent University - Belgium

4. Context
Global environmental change (climate change & biodiversity loss)
forced migration
Growing attention
Prevention and Remedy Adaptation and Protection
Michèle Morel, Ghent University - Belgium

5. ADAPTATION PROTECTION
(SUB)REGIONAL ADAPTATION FRAMEWORK
Relieving migratory pressures
STAY OF DEPORTATION
Non-return based on existing law
TEMPORARY RELOCATION STATUS (TRS)
New migration category
Decriminalizing migration as coping strategy
(CIRCULAR) LABOUR MIGRATION
Migrants as agents of change
Supporting voluntary migration to reduce forced migration
NEW RIGHTS-BASED FRAMEWORK
New entitlement to residence
Michèle Morel, Ghent University - Belgium

6. ADAPTATION PROTECTION
(SUB)REGIONAL ADAPTATION FRAMEWORK
Relieving migratory pressures
STAY OF DEPORTATION
Non-return based on existing law
TEMPORARY RELOCATION STATUS (TRS)
New migration category
Decriminalizing migration as coping strategy
(CIRCULAR) LABOUR MIGRATION
Migrants as agents of change
Supporting voluntary migration to reduce forced migration
NEW RIGHTS-BASED FRAMEWORK
New entitlement to residence
Michèle Morel, Ghent University - Belgium

7. (SUB)REGIONAL ADAPTATION FRAMEWORK
Allocation of adaptation funding for regional projects
Encourages co-operation amongst countries
For environmental and other projects addressing root causes of forced migration
Enables people to stay rather than migrate
Mitigates potential conflict
Could include regional migration schemes if necessary
Michèle Morel, Ghent University - Belgium

8. ADAPTATION PROTECTION
(SUB)REGIONAL ADAPTATION FRAMEWORK
Relieving migratory pressures
STAY OF DEPORTATION
Non-return based on existing law
TEMPORARY RELOCATION STATUS (TRS)
New migration category
Decriminalizing migration as coping strategy
(CIRCULAR) LABOUR MIGRATION
Migrants as agents of change
Supporting voluntary migration to reduce forced migration
NEW RIGHTS-BASED FRAMEWORK
New entitlement to residence
Michèle Morel, Ghent University - Belgium

9. (CIRCULAR) LABOUR MIGRATION
Migration as positive strategy >< last resort
Through bilateral or regional agreement
Both for rapid onset and slow onset environmental change
Based on vulnerability assessment
Host country must be in need of labour forces – migration management
Co-development is vital – win/win/win
For select individuals, not entire communities
Education/training component; return incentives
EXAMPLE: Spain-Colombia – replicability?
Michèle Morel, Ghent University - Belgium

10. ADAPTATION PROTECTION
(SUB)REGIONAL ADAPTATION FRAMEWORK
Relieving migratory pressures
STAY OF DEPORTATION
Non-return based on existing law
TEMPORARY RELOCATION STATUS (TRS)
New migration category
Decriminalizing migration as coping strategy
(CIRCULAR) LABOUR MIGRATION
Migrants as agents of change
Supporting voluntary migration to reduce forced migration
NEW RIGHTS-BASED FRAMEWORK
New entitlement to residence
Michèle Morel, Ghent University - Belgium

11. Founded in existing human rights principles No new legal instrument
STAY OF DEPORTATION
Founded in existing human rights principles
No new legal instrument
Based on survival criteria
For both rapid onset and slow onset environmental change
Provided at national level
Provides legal status and rights
Michèle Morel, Ghent University - Belgium

12. ADAPTATION PROTECTION
(SUB)REGIONAL ADAPTATION FRAMEWORK
Relieving migratory pressures
STAY OF DEPORTATION
Non-return based on existing law
TEMPORARY RELOCATION STATUS (TRS)
New migration category
Decriminalizing migration as coping strategy
(CIRCULAR) LABOUR MIGRATION
Migrants as agents of change
Supporting voluntary migration to reduce forced migration
NEW RIGHTS-BASED FRAMEWORK
New entitlement to residence
Michèle Morel, Ghent University - Belgium

13. NEW RIGHTS-BASED FRAMEWORK
Asylum-like
New legal instrument
Entitlement based on severe environmental disaster events
For both rapid onset and slow onset environmental change
Through international or regional frameworks
Only if no internal flight alternative
Only if unwilling or unable home government
Application in home country or at border of host country
Provides legal status and rights
Michèle Morel, Ghent University - Belgium

14. ADAPTATION PROTECTION
(SUB)REGIONAL ADAPTATION FRAMEWORK
Relieving migratory pressures
STAY OF DEPORTATION
Non-return based on existing law
TEMPORARY RELOCATION STATUS (TRS)
New migration category
Decriminalizing migration as coping strategy
(CIRCULAR) LABOUR MIGRATION
Migrants as agents of change
Supporting voluntary migration to reduce forced migration
NEW RIGHTS-BASED FRAMEWORK
New entitlement to residence
Michèle Morel, Ghent University - Belgium

15. TEMPORARY RELOCATION STATUS (TRS)
Based on national vulnerability assessments
Regulates irregular migration
Not necessarily linked to labour
Provides legal status and (limited?) rights
For people facing impending crisis, but not absolute disaster level
Application in home country
Provided at national level – migration management
Quota-based
Michèle Morel, Ghent University - Belgium

16. Conclusion
Michèle Morel, Ghent University - Belgium

17. Michèle Morel, Ghent University - Belgium