TY - JOUR AU - Garlick,, Madeline AB - The Global Compact on Refugees (GCR)1 aims fundamentally to strengthen the way in which the international community responds to large-scale and protracted displacement worldwide. Based on the New York Declaration of September 2016,2 and affirmed by the United Nations (UN) General Assembly on 17 December 2018,3 it acknowledges the challenges associated with refugee movements in many regions worldwide, providing a framework for more predictable and equitable responsibility sharing to reinforce support for refugees and the communities that host them. The Compact builds on the existing international legal framework for refugees, notably the 1951 Refugee Convention4 and regional refugee instruments, as well as fundamental principles of human rights and humanitarian law within the wider international refugee protection regime.5 From this foundation, it seeks to provide a basis for more effective operational responses that are consistent with binding legal standards in key areas where gaps in practice persist. The GCR calls for responsibility sharing among States, notably in large-scale and protracted refugee situations, including through measures to support communities hosting refugee populations. It aims to strengthen solutions to displacement, including in third countries, through resettlement and complementary pathways comprising, inter alia, labour migration, student visa schemes, family reunification, and humanitarian visas. It also seeks to foster improved conditions for sustainable return, as well as local solutions including, where appropriate, integration, in host countries. The Compact aims to mobilize a wide range of stakeholders, including governments, international organizations, civil society, and the private sector, to transform the way these respond to displacement and international protection challenges. As a non-binding tool, it complements the legal refugee protection regime by seeking to bolster cooperation among States and solidarity with refugees, as well as with host communities. The GCR aims to address more recently emerging, as well as longstanding, displacement challenges, including increasing displacement in a changing climate. The following analysis examines the provisions in the GCR that relate to displacement in the context of environmental degradation, sudden- and slow-onset events, and the adverse effects of climate change more broadly, to highlight the ways in which they can inform policies and action by States and non-State actors in planning for and addressing displacement in these complex situations. 1. ADDRESSING THE ROOT CAUSES OF DISPLACEMENT Paragraph 8 of the GCR acknowledges that ‘[w]hile not in themselves causes of refugee movements, climate, environmental degradation and natural disasters increasingly interact with the drivers of refugee movements’. Paragraph 12 further recognizes that ‘external forced displacement may result from sudden-onset natural disasters and environmental degradation’. Paragraph 8 articulates a cautious approach to the characterization of displacement in the context of climate change and disasters, indicating that not all people forced to flee across borders in these situations will fall within the legal definition of a refugee. At the same time, it recalls that the causes of flight are complex, and that persecution, violence, and conflict may interact with climate- and disaster-related events, and consequently, people displaced across borders in this context may be entitled to international protection in some cases. The reference in paragraph 8 to ‘increasing interaction’ between the root causes of refugee movements and climate, environmental degradation, and disaster recognizes the growing nature of this challenge. While more research is needed to understand the impacts of climate change on human mobility, there is broad consensus among scientists that climate change increases the intensity and frequency of extreme weather events.6 As a result, climate change can act as a ‘threat multiplier’, aggravating conflict and compounding pre-existing vulnerabilities, such as poverty and State fragility. This was effectively acknowledged by the UN Security Council during an open debate on the topic, ‘Addressing the Impacts of Climate-Related Disasters on International Peace and Security’, tabled by the Dominican Republic in January 2019.7 UNHCR has also documented the responses of States in recognizing needs for international protection in displacement situations where conflict or violence interact with disaster or climate change. In Harm’s Way,8 a research report published by UNHCR in December 2018, examines State responses to cross-border displacement in two case studies in the Americas and the Horn of Africa. This analysis highlights the ways in which the traditionally recognized causes of refugee flight may have a nexus with disasters or climate change, in ways which may give rise to international protection needs. In addressing the root causes of displacement, the GCR also references the need for heightened international efforts to reduce disaster risks (para 9). This reflects wider international efforts to strengthen disaster risk reduction through international cooperation, but also through support to efforts, capacity, and resources to reduce disaster risks at the national level. It is also in line with the Sendai Framework for Disaster Risk Reduction 2015–2030, adopted by 187 UN Member States to guide multi-hazard management for disaster risk reduction to reduce loss of life, livelihoods, and health, as well as damage to economic, physical, social, cultural, and environmental assets. UNHCR has contributed to the implementation of the Sendai Framework through the development of guidance and a ‘toolbox’ on planned relocation with the Brookings Institute, Georgetown University’s Institute for the Study of International Migration, and the International Organization for Migration (IOM).9 That guidance describes actions that can be undertaken as part of disaster risk reduction strategies to avert displacement, and to ensure that those at risk of displacement by climate-related phenomena – such as sea level rise – can participate in planning processes to enable them to move in an orderly manner and in full respect of their rights. UNHCR also contributed to the Words into Action Guidelines: Disaster Displacement10 that offer practical guidance to help government authorities address disaster displacement and other related forms of human mobility in regional, national, sub-national, and local disaster risk reduction strategies in accordance with Target (E) of the Sendai Framework.11 The Compact also calls for the inclusion of refugees in disaster risk reduction strategies (para 79). This effectively recognizes that they may be particularly vulnerable to the effects of disaster, and can contribute actively to strategies to avert them. Significantly, 58 per cent of deaths from natural hazard-related disasters occur in the top 30 most fragile States, many of which host substantial refugee populations.12 Refugee settlements are often located in climate ‘hotspots’ impacted by sudden- and slow-onset natural hazards that create a risk of onward displacement. In these contexts, refugees may bring experience and knowledge of local conditions and land usage which can position them well to support disaster risk reduction efforts. In this sense, paragraph 79 serves to underline the potentially important role of refugees in the development and implementation of strategies relating to crucial matters affecting their well-being and that of surrounding host communities. The Compact further emphasizes the importance of ‘preparedness measures’ (paras 52–53) that ‘take into account global, regional, subregional and national early warning and early action mechanisms’. Such measures are identified as a means to prevent, minimize, and address displacement that can result from a wide range of root causes, including disasters, environmental degradation, and climatic events. Equally, measures to enhance ‘evidence-based forecasting of future movements and emergencies’ (para 53) are highlighted as an effective way to reinforce the capacities of States, affected populations, and others to foresee displacement risks, anticipate needs, and prepare for well-coordinated responses in advance. Importantly, the text explicitly recognizes the value of such evidence-based forecasting to predict situations of internal displacement, which are often the precursors to cross-border movements. 2. BURDEN AND RESPONSIBILITY SHARING FOR COUNTRIES AFFECTED BY DISPLACEMENT RESULTING FROM NATURAL DISASTERS AND ENVIRONMENTAL DEGRADATION In recognizing that ‘external forced displacement may result from sudden-onset natural disasters and environmental degradation’, paragraph 12 of the GCR implicitly acknowledges that such movements may trigger the need for practical measures and support to help affected States respond appropriately. Paragraph 12 goes on to recall that States ‘may seek support from the international community’ to address complex challenges, which may include those arising in the context of disasters and the adverse effects of climate change. Importantly, it also recognizes internal displacement alongside other affected categories of people on the move. Given that disasters and climatic events frequently impact large geographical areas without respect for borders, such phenomena may affect the areas of origin of those displaced, as well as nearby countries to which they flee across borders in search of safety. As such, paragraph 12 ensures that the GCR applies not only to countries affected by large refugee movements, but also to countries of origin and destination which may be impacted by environmental degradation and disasters linked to natural hazards. It foresees that, in such situations, States will be able to call on the arrangements for burden and responsibility sharing provided for in the GCR more broadly, including support plans and arrangements at national, regional, and global levels. This provision accounts for the operational realities of both sudden- and slow-onset events that may result in disaster, providing a basis for States with limited capacity to call on the resources, expertise, and experience of others in the international community, drawing on best practices and historical lessons learned. Moreover, it highlights the importance of practical cooperation between relevant actors, including UNHCR, IOM, and other UN and non-governmental entities that work closely together in policy development at the global level, as well as in operational contexts in countries experiencing disaster- and climate change-related displacement. 3. PROTECTION IN THE CONTEXT OF DISASTER- AND CLIMATE CHANGE-RELATED DISPLACEMENT Beyond operational dimensions, the GCR recalls national and regional legal standards and instruments which may be applied to provide international protection and other measures for those forced to flee by multiple root causes, including disasters. In addition, it refers to arrangements for temporary protection and humanitarian stay, which may also be relevant on a complementary basis, where they are compatible with international law and standards (para 63). Although earlier drafts explicitly referred to the Nansen Protection Agenda,13 the final version did not include it directly since some Member States, in principle, did not support citing documents that had not been crafted within UN intergovernmental processes. However, it can be inferred that paragraph 63 incorporates such a reference indirectly in so far as it refers to instruments and practices. It is also recognized that guidance and support may be needed on the application of measures to protect and to provide humanitarian and other forms of assistance. Paragraph 63 calls for: stakeholders with relevant mandates and expertise [to] provide guidance and support for measures to address other protection and humanitarian challenges. This could include measures to assist those forcibly displaced by natural disasters, taking into account national laws and regional instruments as applicable, as well as practices such as temporary protection and humanitarian stay arrangements. By virtue of its mandate for international protection and its experience in responding to a broad array of displacement situations, UNHCR is well placed to provide such guidance. The organization’s widely referenced Guidelines on International Protection and other doctrinal documents are recognized as authoritative sources of interpretive policy and practical assistance for States. Paragraph 63 is to be read in conjunction with, and in complement to, paragraph 61, which states that guidance on ‘international and regional obligations’ should be applied ‘in a way which avoids protection gaps and enables all those in need of international protection to find and enjoy it’. Where refugee protection frameworks apply, this provision in the GCR clearly underlines the importance of accurate interpretation of the law. It furthermore supports an expansive approach to the interpretation of refugee and other international protection criteria, to obviate the risk of gaps by ensuring that international protection is afforded to those who need it, including where relevant in the context of climate change and disasters. Numerous authoritative tools and documents issued by UNHCR and its related bodies are relevant to the interpretation and application of norms. These include conclusions from the Executive Committee of the High Commissioner’s Programme, which is mandated, inter alia, to advise the High Commissioner at his request in the exercise of his functions. Since its establishment in 1957, the Executive Committee (ExCom) has adopted 114 Conclusions on International Protection and on other questions relevant to UNHCR’s mandate activities. Among these, ExCom Conclusion No 71 (XLIV) of 1993: recognises that the underlying causes of population displacements are complex and interrelated and include poverty and economic disruption, political conflicts, ethnic and intercommunal tensions and environmental degradation, and that there is a need for the international community to address these causes in a concerted and comprehensive manner. In addition, ExCom Conclusion No 80 (XLVII) of 1996, on ‘Comprehensive and Regional Approaches within a Protection Framework’, also acknowledges the multi-causality of flight in many circumstances, and the role of environmental degradation as one of its root causes. That Conclusion recognized: that the underlying causes of large-scale involuntary population displacements are complex and interrelated and encompass gross violations of human rights, including in armed conflict, poverty and economic disruption, political conflicts, ethnic and inter-communal tensions and environmental degradation, and that there is a need for the international community to address these causes in a concerted and holistic manner. These represent important acknowledgments by States in the Executive Committee over two decades ago of the realities of displacement linked to environmental and climatic factors, and their inextricable links to traditionally recognized root causes of refugee movements. They also provide an invaluable starting point for further engagement in the issue, including through guidance to define the scope of protection and operational responses to displacement. ExCom Conclusion No 103 (LVI) of 2005 on ‘The Provision of International Protection including through Complementary Forms of Protection’, referenced in paragraph 61 of the GCR,14 calls on States to apply wider forms of international protection beyond refugee status, in appropriate circumstances, for people forced to flee their homes and unable to return in the absence of the protection of their State. This Conclusion speaks to the use of complementary forms of protection for individuals who do not fall within the refugee definition, but who may nevertheless need international protection based on human rights or humanitarian grounds. Some people displaced in the context of disasters and climate change may consequently require such forms of protection. Crucially, ExCom affirms that complementary forms of protection should be applied in a manner that strengthens, rather than undermines, the existing international refugee protection regime. This means that an asylum claimant’s eligibility for complementary protection should be considered only after it has been found that he or she does not fall within the refugee definition.15 Refugees must be correctly recognized as such in accordance with international legal criteria, rather than receiving a complementary form of status. This is essential to ensure that refugees are accorded the protections conferred upon them by international law, bearing in mind that complementary forms of protection may carry lesser rights. UNHCR’s ‘Guidelines on Temporary Protection or Stay Arrangements’16 of 2014 build on this conceptual basis by setting out parameters under which States may grant temporary or short-term permission to stay and by defining the standards which apply in such cases. Temporary protection measures can serve as practical ‘tools’ for granting protection to people displaced by humanitarian crises, particularly when a host country is experiencing large-scale influxes of people, or when the situation in a country of origin remains fluid or unclear. The Guidelines recall that temporary protection may be relevant, among other cases, where individual status determination is not applicable, or feasible, or both; or where there are exceptional and temporary conditions in the country of origin that necessitate international protection and preclude return in safety and dignity.17 Displacement due to sudden- or slow-onset disasters may give rise to the need for such temporary measures where the affected State is temporarily unable to provide protection to its citizens. UNHCR has offered further guidance to States relating to situations where famine and conflict interact, forcing people to flee across borders from their countries of origin. UNHCR’s ‘Legal Considerations on Refugee Protection for People Fleeing Conflict and Famine Affected Countries’18 sets out key provisions for the protection of people fleeing in this context, and outlines the applicability of the 1951 Convention and regional refugee frameworks. Importantly, the considerations affirm that people displaced by humanitarian crises linked to a mix of the consequences of conflict, public disorder, and drought will be in need of international protection. UNHCR’s 2018 study, In Harm’s Way,19 examined the responses of Kenya and Ethiopia to the cross-border movement of Somalis in the context of drought and famine, against a backdrop of protracted conflict in 2011–12. It also analysed the responses of Brazil and Mexico to the influx of Haitians in the aftermath of the 2010 earthquake, which exacerbated pre-existing insecurity and State fragility. Through these case studies, the research considers State practice in applying refugee law-based international protection, finding that international and regional refugee law frameworks were applied in some cases. The study thus concludes that refugee law forms part of a ‘toolbox’ of international protection measures available to States responding to cross-border nexus dynamics, affirming their enduring relevance in the contexts of climate change and disaster. In 2019 and beyond, UNHCR intends to take forward further research on the applicability of refugee protection frameworks in the context of ‘nexus dynamics’ between climate change or disaster, conflict or violence, and cross-border displacement. This research will contribute to a process of developing guidance for States on the application of refugee law frameworks and other forms of international protection in response to displacement in nexus situations. In complement to the GCR, these documents underline the need for refugee and other international protection criteria to be considered carefully and applied correctly by national authorities when displaced persons seek asylum or other forms of international protection in the context of climate change and disaster, including in nexus situations. This will be important to maintain the integrity of the international protection regime, as well as to ensuring appropriate and legally relevant responses to the protection needs of individuals who are forced to flee in such situations. 4. IMPLEMENTATION ARRANGEMENTS Beyond the development of guidance and support for measures to avert protection gaps, there are other elements in the GCR which provide practical starting points for the application of its provisions in relation to environmental impacts, disaster, and displacement. With regard to mixed movement situations, paragraph 12 foresees that various aspects of the GCR can be applied to strengthen responses to refugees and other people on the move. This includes where the root cause of displacement results from sudden- or slow-onset events linked to natural hazards, as well as those where traditional root causes of refugee movements, such as conflict, violence, and persecution of individuals or groups, including by State or non-State actors, are present. Consequently, responses need to ensure access to the processes and institutions concerned with refugee or international protection, where applicable, but also the means to make certain that migrants’ basic rights are respected and that suitable solutions can be found in appropriate cases. The GCR acknowledges that all people on the move, both within and across borders, have basic needs that must be met and, in some cases, vulnerabilities to be addressed. It recalls that some of those on the move require international protection and have specific rights and legal protections. In this respect, it provides clear operational tools and guidance to strengthen the responses of States and others to mixed movement situations holistically and in partnership with each other. At the stage of reception and admission, this entails screening for and addressing specific vulnerabilities and needs, as well as identification of those who require protection, and referrals to competent authorities who can accurately assess their protection needs. At a later stage, there may also be a need to support their access to livelihoods. In all cases, a crucial imperative lies in finding solutions for those displaced. The GCR features innovative approaches with the potential to strengthen responsibility sharing for States facing the challenge of displacement in the context of climate change and disaster. A global mechanism for mobilizing international cooperation will be convened in the form of regular Global Refugee Forums, at ministerial level, with the first forum to be held on 17–18 December 2019 in Geneva and subsequently at four-year intervals. At these fora, States and other relevant stakeholders are encouraged to make concrete pledges towards the achievement of the goals of the GCR, including through financial, material, and technical assistance; review of national policies, laws, and practices; and resettlement places and complementary pathways for admission for those with international protection needs. Pledges and contributions will be defined by each State or stakeholder according to their capacities and priorities. UNHCR will establish a mechanism for the tracking of commitments. The Global Refugee Forum will also be the main vehicle for taking stock, reviewing, and measuring progress against the objectives of the GCR and ensuring the achievement of collective outcomes. This model seeks to balance the legally non-binding nature of the Compact, on the one hand, with the will on the part of States, on the other, to ensure that the Compact leads to improved burden and responsibility sharing in practice. This comprehensive framework should thus provide a system to ensure practical cooperation, to which all States and other stakeholders agree to contribute, taking into account their existing contributions, national realities, capacities, and levels of development, and respecting national policies and priorities. Another innovative element of the Compact foresees the establishment of ‘Support Platforms’ to address specific refugee situations. It envisages that groups of States would be established which are dedicated to mobilizing support for a particular host country and facilitating the search for solutions. Support Platforms will aim to promote more plentiful context-specific and predictable support for refugees and host communities, in line with national priorities, and in support of national responses. Assisted by UNHCR, Support Platforms are expected to engage with other stakeholders as appropriate (including development actors, such as the World Bank, which has become increasingly involved in refugee responses), contributing additional resources to enhance refugee and host community resilience to ensure that the impact of large refugee arrivals is factored into development planning. The digital platform that is being established to facilitate the sharing of good practices under the GCR may also provide space for the sharing of good practices in relation to climate change and disaster displacement between States and other stakeholders. Overall, the Compact aims to broaden the base of support for refugees by engaging States and other actors that are not usually involved in refugee responses, including through a strong multi-stakeholder and partnership-focused approach which underpins the process as a whole. This ‘whole-of-society’ orientation will focus sustained political attention on refugee issues, and on the contribution that hosting countries make, as well as providing forums for State-to-State accountability for pledges of support. 5. LINKAGE BETWEEN THE TWO COMPACTS Although they are the products of distinct processes, the GCR and the Global Compact for Safe, Orderly and Regular Migration (GCM)20 are both grounded in the recognition that greater international cooperation is needed to better manage human mobility in all its dimensions, including in relation to climate change and disasters. The two Compacts have in common the clear acknowledgment that international development and enhanced State cooperation have a key role to play in addressing the root causes and consequences of migration and displacement, with climate change, environmental degradation, and disasters all recognized as drivers of human mobility. The GCR emphasizes external forced displacement due to sudden-onset natural disasters and environmental degradation, and calls for specific measures to be taken to address cross-border displacement in these contexts, including through the application of appropriate legal frameworks and other protection measures. By contrast, in the GCM, weight is placed on evidence gathering, adaptation, and resilience strategies, including in countries of origin, to minimize the drivers of migration.21 The GCM references mitigation and adaptation in the context of environmental degradation and climate change, and highlights the need to provide assistance for those displaced in this context. It furthermore calls on States to provide options, including planned relocation and visa channels, in cases where adaptation in, or return to, country of origin is not possible. Both the GCM and the GCR offer guidance and support to help States and others address protection and humanitarian challenges in a changing climate, drawing on relevant instruments and practices. Together, the two Compacts form a comprehensive and coherent framework through which to address displacement and other forms of human mobility associated with the effects of climate change and disaster. 6. CONCLUSION The GCR represents an important step forward in States’ engagement with the questions and needs around displacement in the context of natural hazards, environmental degradation, disaster, and the adverse effects of climate change. Based on UNHCR’s mandate and supervisory function with respect to refugee and statelessness instruments, the GCR calls for concrete guidance to aid the interpretation of legal provisions on criteria for refugee status and other forms of international protection. It also provides a comprehensive framework for operational action involving refugees and others on the move to address disaster risks as one of the key means to reduce and mitigate harm, including cross-border displacement. Like all aspects of the GCR, vision, ambition, and investment by States and other stakeholders will be required to help ensure that its provisions on climate change and disaster displacement can be fully realized. The opportunities identified in this analysis provide important starting points for this process. Footnotes 1 United Nations, Report of the United Nations High Commissioner for Refugees: Part II, Global Compact on Refugees, UN doc A/73/12 (Part II) (13 September 2018) . See also V Türk, ‘The Promise and Potential of the Global Compact on Refugees’ (2018) 30 International Journal of Refugee Law 575. 2 New York Declaration for Refugees and Migrants, UNGA res 71/1 (19 September 2016). 3 UN doc A/RES/73/151 (17 December 2018). 4 Convention relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189 UNTS 137. 5 GCR (n 1) para 5. 6 See Intergovernmental Panel on Climate Change, ‘Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty’ (World Meteorological Organization 2018). 7 UN News, ‘UN Security Council Open Debate’ (25 January 2019) . 8 UNHCR, In Harm’s Way: International Protection in the Context of Nexus Dynamics between Conflict or Violence and Disaster or Climate Change, PPLA/2018/05 (December 2018) . 9 Brookings Institute, Georgetown University, and UNHCR, ‘Guidance on Protecting People from Disasters and Environmental Change through Planned Relocation’ (7 October 2015) ; UNHCR, Georgetown University, and IOM, ‘A Toolbox: Planning Relocations to Protect People from Disasters and Environmental Change’ (2017) . 10 UNDRR, Words into Action Guidelines: Disaster Displacement (2019) . 11 UN Agency for Disaster Risk Reduction (UNDRR), ‘Sendai Framework for Disaster Risk Reduction 2015–2030’ (2015) . 12 Overseas Development Institute, ‘When Disasters and Conflict Collide: Uncovering the Truth’ (2019) . 13 . 14 GCR (n 1) fn 26. 15 ExCom Conclusion No 103 (LVI) para (b). 16 UNHCR, ‘Guidelines on Temporary Protection or Stay Arrangements’ (February 2014). 17 ibid. See also UNHCR, ‘Expert Meeting on Climate Change and Displacement, 22–25 February 2011, Bellagio, Italy. Summary of Deliberations on Climate Change and Displacement’ (2011) . 18 UNHCR, ‘Legal Considerations on Refugee Protection for People Fleeing Conflict and Famine Affected Countries’ (5 April 2017). 19 UNHCR, In Harm’s Way (n 8). 20 Global Compact for Safe, Orderly and Regular Migration, UN doc A/RES/73/195 (11 January 2019). 21 IOM, ‘Perspectives on Environmental Migration: 10 Key Takeaways from the Global Compact for Migration’ (30 August 2018) . Author notes Volker Türk, Assistant High Commissioner for Protection, Office of the United Nations High Commissioner for Refugees (UNHCR). Madeline Garlick, Senior Legal Coordinator and Chief, Protection Policy and Legal Advice Section, Division of International Protection, UNHCR. © The Author(s) (2019). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oup.com This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model) TI - Addressing Displacement in the Context of Disasters and the Adverse Effects of Climate Change: Elements and Opportunities in the Global Compact on Refugees JF - International Journal of Refugee Law DO - 10.1093/ijrl/eez029 DA - 2019-12-24 UR - https://www.deepdyve.com/lp/oxford-university-press/addressing-displacement-in-the-context-of-disasters-and-the-adverse-K2bcjEJIMj SP - 389 VL - 31 IS - 2-3 DP - DeepDyve ER -