Connect with us

News

Climate refugees can’t be returned home, says landmark UN human rights ruling

Experts say judgment is ‘tipping point’ that opens the door to climate crisis claims for protection

 

Climate refugees

It is unlawful for governments to return people to countries where their lives might be threatened by the climate crisis, a landmark ruling by the United Nations human rights committee has found.

The judgment – which is the first of its kind – represents a legal “tipping point” and a moment that “opens the doorway” to future protection claims for people whose lives and wellbeing have been threatened due to global heating, experts say.

Tens of millions of people are expected to be displaced by global heating in the next decade.

The judgment relates to the case of Ioane Teitiota, a man from the Pacific nation of Kiribati, which is considered one of the countries most threatened by rising sea levels. He applied for protection in New Zealand in 2013, claiming his and his family’s lives were at risk.

The committee heard evidence of overcrowding on the island of South Tarawa, where Teitiota lived, saying that the population there had increased from 1,641 in 1947 to 50,000 in 2010 due to sea level rising leading to other islands becoming uninhabitable, which had led to violence and social tensions.

He also spoke of the lack of fresh water and difficulty growing crops due to salinity of the water table causing serious health issues for his family. He said that as Kiribati was predicted to be uninhabitable in 10 to 15 years, his life was endangered by remaining there.

READ  Migrants' remittances drop by over  $100b - UN Chief 

The New Zealand courts rejected Teitiota’s claim for protection. The UN human rights committee upheld New Zealand’s decision on the grounds that while “sea level rise is likely to render the republic of Kiribati uninhabitable … the timeframe of 10 to 15 years, as suggested by [Teitiota], could allow for intervening acts by the republic of Kiribati, with the assistance of the international community, to take affirmative measures to protect and, where necessary, relocate its population”.

However experts say the committee’s ruling opens the way for other claims based on the threat to life posed by the climate crisis. The committee ruled that “the effects of climate change in receiving states may expose individuals to a violation of their rights … thereby triggering the non-refoulement obligations of sending states”.

“On a personal level for Ioane and his family it is bad news, because obviously it’s decided that his claim that his right to life was threatened in Kiribati wasn’t strong enough,” said Kate Schuetze, Pacific researcher for Amnesty International. “But they said it wasn’t strong enough based on his personal circumstances and the evidence they put before the court and then they made some very strong statements clarifying the roles and responsibilities of states to say … there would be a trigger of international responsibility for other governments not to return people to places where their life is at risk because of climate-induced changes.”

READ  Mediterranean migrant arrivals reach 14,854 in 2020; deaths reach 219

While the judgment is not formally binding on countries, it points to legal obligations that countries have under international law.

“What’s really important here, and why it’s quite a landmark case, is that the committee recognised that without robust action on climate at some point in the future it could well be that governments will, under international human rights law, be prohibited from sending people to places where their life is at risk or where they would face inhuman or degrading treatment,” said Prof Jane McAdam, director of the Kaldor centre for international refugee law at the University of New South Wales.

READ ALSO: African Migration To Europe: Facts Vs. Fiction

“Even though in this particular case there was no violation found, it effectively put governments on notice.

“There have been cases brought in Australia and New Zealand since the mid-1990s about environmental harm and climate change and to date they’ve all been unsuccessful … But now we’ve got a very clear, legal authoritative statement now that it’s almost like: watch this space.”

Schuetze said there were roughly a dozen cases in the New Zealand court system similar to Teitiota’s, with people, mostly from Tuvalu and Kiribati, claiming the impacts of the climate crisis affected their right to life.

“The Pacific Islands will be the canary in the coalmines for climate-induced migrants,” said Schuetze.

“The message in this case is clear: Pacific Island states don’t need to be underwater before triggering those human rights obligations … I think we will see those cases start to emerge.”

READ  Second journey to ARMAGEDDON

Two of the 18 members of the committee issued dissenting opinions on the case, saying they did not agree with the conclusion that New Zealand was justified in removing Teitiota to Kiribati, with one writing that just because “deaths are not occurring with regularity on account of the conditions … it should not mean that the threshold had been reached”.

“The fact that this [difficulty growing crops and accessing safe drinking water] is a reality for many others in the country, does not make it any more dignified for the persons living in such conditions. New Zealand’s action is more like forcing a drowning person back into a sinking vessel, with the ‘justification’ that after all there are other voyagers on board.”

(theguardian.com)

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Solve : *
7 + 5 =


News

Dominican Republic, IOM clear hurdles for 100,000 Venezuelan migrants

The Migration Normalization Plan will allow Venezuelans living irregularly in the Dominican Republic to work, move without risk of deportation, open bank accounts and join the country’s social security system.  Photo: IOM / Francesco Spotorno

 

 

Santo Domingo – The first group of almost 100,000 Venezuelan migrants without legal status in the Dominican Republic have received visas allowing them to work, open bank accounts and join the social security system under the country’s Migration Normalization Plan.

Created by the Dominican government and launched with the support of the International Organization for Migration (IOM), the plan aims to regularize the Venezuelan population in three stages: application for extension of stay, visa, and residency. Since April, when the first phase began, 43,000  Venezuelans have registered to extend their stay and, on 1 July, the first group of 21 Venezuelans received their work visa.

“Now that I have my visa, I feel that for others like me a lot of opportunities are opening. We will be able to establish more safely and formally to offer a better future to our children,” says Gabriela Rivero, who arrived in the country with her husband and daughter in 2018.  “Once we settled, we did not imagine how difficult it would be to get a job because the lack of documentation closed all doors.”

READ  Asylum seekers especially those living in the big camps were deprived of their rights in so many ways during the lockdown

Since 2019 Gabriela has led a support organization for Venezuelan migrants in Santiago de los Caballeros called FEV (Fundación Emigrantes de Venezuela), which offers free orientation and helps hundreds of migrants daily to complete their normalization plan applications.

With IOM support, eight Venezuelan migrant organizations have created orientation hubs to assist the Venezuelan population who are applying to the plan. Of the 43,000  registered through the General Directorate of Migration (DGM) web page, around 9,000 have visited the hubs for help on the procedure. The promoters and coordinators of each hub – mostly Venezuelan migrants – have learned the process with the support and guidance of the DGM team and the Ministry of Foreign Affairs (MIREX). Besides being trained for orientation, they became the pilot group of the plan to receive their extensions and visas.

“The idea of this process is that we are the ones at the front of the hubs, a migrant helping a migrant, a Venezuelan helping a Venezuelan,” says Iván Carrera, a lawyer from Caracas and legal adviser of FUNCOVERD (Fundación Colonia de Venezolanos en RD). Carrera works as a promoter at the orientation hub in El Sambil Santo Domingo, one of the locations with the most people requesting support for their application.

READ  My boss sexually harrasses, starves me- 28-yr old Nigerian trafficked to Oman

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Continue Reading

News

IOM launches open South America portal

International Organisation of Migration (

Buenos Aires – IOM, the International Organization for Migration, this week launched the Open South America Portal, a web platform providing migrants and stakeholders in the region with access to reliable and timely information on human mobility restrictions and health and safety measures adopted by governments in the COVID-19 pandemic.

Open South America, available in SpanishEnglish and Portuguese, shares official information by country on the latest measures, including border restrictions, quarantine requirements and COVID-19 tests for migrants and travellers.

The portal also provides updated information on authorized entry points and key places for travellers and migrants, such as consulates, migrant care and health centres, airports, border crossings points and ports. This information can be explored through an interactive map.

The platform, funded by the IOM Development Fund, is also accessible to vulnerable migrants who may be stranded or are at risk of receiving misinformation on migration.

Since the start of the COVID-19 pandemic, South America has been one of the most impacted regions worldwide. According to the World Health Organization figures, as of 8 July 2021 there were 33,475,765 COVID-19 cumulative cases in the region, which represents 89 per cent of the total cases in Latin America, and 18 per cent of all infections recorded globally.

READ  Mediterranean migrant arrivals reach 14,854 in 2020; deaths reach 219

Countries such as Brazil, Peru, Colombia and Ecuador all experienced severe outbreaks. For example, Brazil currently reports the third highest number of cumulative cases (18,855,015) and second highest death toll (526,892) globally.

“Open South America will facilitate orderly, regular and responsible migration in South America amid the uncertain times of COVID-19 and after the pandemic,” said Minister Ana Laura Cachaza, General Director of Consular Affairs of the Government of Argentina.

“Migrants’ access to up-to-date information through innovative online tools is essential considering the changing migration dynamic in the region due to the COVID-19 pandemic,” said Marcelo Pisani, IOM Regional Director for South America.

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Continue Reading

News

29,000 Nigerians, Ghanaians, Somalians, other Africans migrated through the Mediterranean Sea to Europe in 2021 —IOM

The International Organisation for Migration has said that 29,000 individuals including Nigerians, Ghanaians, Somalians and other Africans have emigrated to Europe through the Mediterranean Sea this year.

About 13,000 were arrested by the coast guards and returned home while 761 migrants were said to have perished in the sea.

Disclosing this to journalists in Abuja on Friday, the Chief of Mission, IOM Nigeria, Mr Franz Celestin, said less than five per cent of migrants usually made it to Europe, adding that the vast majority stay in Africa.

He further said that a lot of migrants were trafficked within the Economic Community of West African States, adding that Mali was the number one destination point for trafficked Nigerian women.

Responding to questions on the number of people who have undertaken the perilous trip to Europe through the Mediterranean, the IOM Chief said, “A combination of unemployment and underemployment is pushing people to migrate.

READ  US-Iran tensions fuel Afghan returns

“In this year, 29,000 migrants from Sub-Sahara Africa have migrated to Europe through the Mediterranean. About 13,000 were intercepted by the coastguard while 761 died.”

International Organisation of Migration (

Celestin stressed the importance of tackling human trafficking which he said grossed about $150 billion annually.

“Traffickers make a lot of money and they would continue to do it until a coordinated response is evolved to stop them. We are collaborating with Interpol in this respect; we are connected to the Interpol i/247 database. We connected the MIDAS to the Interpol database where we pass the information on traffickers to the Interpol,” he stated.

Celestin explained that the IOM has been involved in the biometric registration of children in the North-East, noting that the agency has registered no fewer than 17,053 children in 18 different internally displaced person camps between 2019 and May 2021 in Borno State.

The agency chief also disclosed that IOM was involved in the G7 Famine Prevention and Humanitarian Compact for North-East.

READ  UAE repatriates 170 NIgerians with expired visas for from Dubai

 

Support Voice for African Migrants


Support VOICE FOR AFRICAN MIGRANTS journalism of integrity and credibility.

Good journalism costs a lot of money. Yet only good journalism can ensure the possibility of a good society, an accountable democracy, and a transparent government.

For continued free access to the best and latest migration, trafficking, displacement and humanitarian reports including thorough investigative reports in these areas, we ask you to consider making a modest support to this noble endeavour.

By contributing to VOICE FOR AFRICAN MIGRANTS, you are helping to sustain a journalism of relevance and ensuring it remains free and available to all.
* are compulsory
cardlogos
Continue Reading

Trending

Copyright © 2019 Voice for African Migrants. Site Design: Semasir Connect