Global Developments in Climate Policy and Migration Policy: Can the UN Be a Base to Create an Adequate Legal Framework?

• Author: Gunes, Burak
• Position: COMMENTARY

Climate Change: Globally Yours! (2) in the case of climate change, refugee policy must be developed, and this new concept must be urgently adopted at the national level. Some states have already developed legal frameworks and national strategies to address the problems associated with the negative climate change's impact on migration; one of the most emerging climate change challenges arises when developing new migration policies due to the current terminology. At the point of climate refugee policy, a legal basis should be established by taking into account people who have migrated from devastated lands or who have no chance to migrate and who are somewhat, as Heslin defined, "trapped." (3) This piece questions whether international law provides a sustainable and effective legal framework to regulate climate-induced problems, i.e. climate-induced migration and the right to life.

In the absence of a widely accepted definition, there is not yet a single dataset fully applicable to climate migration. For that reason, within the foreseeable future, and even at present, the word 'migration' will be utilized as "an umbrella term to allude to forced and voluntary forms of movement" (4) which can happen within the setting of climate and natural change. Although migration is possible for some of the people struggling with climate problems, it is debatable whether all residents of these highrisk places desire or seek the chance to migrate.

As is well known, the current global warming and the destruction of nature have also made climate-related problems more diverse. The decision to migrate is frequently affected by several distinct variables. A wide range of environmental and climatic factors could affect climate-based migration from sudden-onset crises like floods, typhoons, and forest fires to slow-onset processes, such as desertification and sea-level rise. (5) Taking action and understanding slow -onset climate migration brings with it some of the key policy challenges. The policy document to first refer to this issue is the 2010 Cancun Adaptation Framework. Within the scope of this document, forced and voluntary migration forms are addressed; by referring to the continuity of migration, it discusses migration, planned relocation, and displacement.

It is indeed difficult to separate climate-driven migration decisions from other motivational factors such as social, economic, political, and security unless they are sudden largescale movements. In addition, many migrants who appear to have migrated on the ground that declining livelihoods and economic reasons are likely to migrate as a reflection of climate change effect. (6)

Climate-related crises also bring conflict and security problems. Because when the political instability, economic crisis, and population movements that already exist in some countries come together with the climate crisis, the current situation may become more severe. It could exacerbate states' fragility. The situation even includes the risk of turning into conflict. (7) However, it should be underlined that it is difficult to say that there is a direct link between migration and climate change. (8) However, a well-organized migration and climate policy are important in preventing a potential threat from emerging in fragile contexts.

According to the Internal Displacement Monitoring Centre (IDMC), (9) the natural disasters triggered 30.7 million new displacements in 145 countries and territories in 2020. (10) This shows why this issue is so important. However, these figures mostly focus on the sudden onset of disasters within the borders of the country and fall short in explaining the data on cross-border movements. According to the IDMC, there were an estimated 46,000 additional external displaced people as a result of extreme weather, and 32,000 new external displaced people as a result of drought. (11) Between 2008 and 2020, there were over 3.5 million new people who were displaced because of drought and extreme heat. (12)

The Task Force on Displacement of the United Nations Framework Convention on Climate Change (UNF-CCC) (13) developed the recomendations. The UNFCCC Task Force on Displacement was established within the Warsaw International Mechanism for Loss and Damage in 2015, as part of the Paris Climate Change Agreement (WIM). (14) The Task Force has put forward a set of recommendations on how to deal with displacement and climate change impacts. The recommendations are also applicable to all types of human mobility, mainly to slow-onset events. (15) The WIM provides recommendations for the creation of a displacement facility to assist states in addressing cross-border and internal climate-induced displacement while also building national capacity.

Recommendations aim for states to reformulate existing immigration policies, laws, and strategies to be prepared for any migration in the context of their human rights obligations and climate impacts. In addition to legislative and policy work, they are called upon to take action to facilitate existing immigration, whether regular or irregular. It is important to note that the UNFCCC's works, in and as a part of slow-moving climate issues, are strategically linked to state institutions.

Empowering external operational actors could be one of the most effective strategies to assist the Task Force on Displacement implements. In some states, such as Peru, the compatibly Task Force is already drafting national plans based on the concepts described in these global policy texts, indicating that they can act as a catalyst in the development of national policies. It shows that policymakers can help solve the complicated diffaculties encountered by migrants, reduce current risk, and play a leading role in problem-solving by addressing complex climate problems. (16) Considering migration only in the context of slow-starting environmental degradation carries the risk of ignoring other issues and leaving them out of the discussion. However, in the climate-induced migration crisis, both the loss of economic and property, infrastructure problems, and the loss of cultural heritage are issues that need to be discussed. (17) The difficulties experienced by the host communities in the migration process are another issue that needs to be discussed and resolved.

It will also be critical to encouraging internal movement, by taking into consideration the phenomenon of urbanization, for refugees affected by the slow onset of the climate disaster. Because people who have lost many livelihoods and economic opportunities as a consequence of the slow-onset climate challenges will move to urban centers in pursuit of a better life. However, due to drought, rising sea levels, and increased human density, city centers will also no longer be livable places. (18) A similar policy can be established in the international arena by taking the policy of the Bangladeshi government to relocate internal migrants to secondary cities rather than Metropole cities. (19) Despite being considered as a last alternative, planned resettlement policies, which are already in place in more than 60 countries, will play a primary role in the future in making migration secure and regular due to slow-onset deterioration. (20)

Another issue is the financial assistance which is a lifejacket for disadvantaged migrant families, allowing them to cover their needs. Rather than long-term adjustment investments, fiscal remittances are generally employed for poverty alleviation. (21) The 3x1 program for immigrants developed in Mexico is one of the most notable examples of financial aid. As part of this program, for every dollar of remittance sent/invested in initiatives that communities develop for refugees, national authorities give three dollars. It aims to promote financial assistance projects. (22) However, the effort to solve the financial problems of refugees with aid is a difficult process to continue.

By creating job opportunities rather than financial aid; providing families with a self-sufficient life should be given priority. While financial aid is important, it should be used as support in a secondary position.

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