Imagine your entire homeland slowly disappearing beneath the waves. That is the terrifying reality for Tuvalu, a tiny island nation on the frontlines of climate change. With rising sea levels threatening to engulf their homes, the 11,200 people living in Tuvalu have been offered access to permanent residency in Australia as a future provision on climate mobility. While a quota of 280 people per year applies, this announcement is still notable as the first climate-related resettlement of its kind.

While RACS is yet to represent clients seeking asylum on the basis of climate-related displacement, climate change as a driver of refugee issues is an emerging issue we expect will only continue to grow in the near future. As people in our region find their homes unsafe and even unliveable due to rising sea levels, they may well turn to Australia for protection.

What is climate mobility?

Climate mobility isn't just about people on the move. It is a complex issue triggered by evacuation, migration, displacement, and even staying put in the face of danger. This blanket term acknowledges that some are forced to flee due to climate disasters, while others stay based on choice or force. While some movement might seem voluntary, like economic migration, “climate-related displacement” is driven by the need for aid and protection in the face of the existential threats borne from climate change.

Who are "climate refugees"?

The plight of the Tuvaluan people is undeniable. However, they are not classified as refugees and do not enjoy the protections that come with that legal status. While the term "climate refugee" isn't recognised by law, there are circumstances where the effects of climate change can interact with other drivers of displacement or can disproportionately impact certain groups such that they substantiate a claim for protection.

Professor Jane McAdam AO, former director of the UNSW Kaldor Centre for International Refugee Law, exposes a critical flaw: the current system fails to acknowledge displacement caused by environmental disasters and to robustly protect the human rights of people affected by climate mobility.

"The argument goes – a natural hazard or a phenomenon like a drought can’t be persecution because that implies human agency," Professor McAdam said.

Without a recognised status, displaced communities struggle to access vital resources and support. They face uncertainty about their future and limited opportunities to rebuild their lives. Recognising climate-related displacement isn't just about semantics. It's about ensuring that people have the legal protections and assistance they need.

Why "climate-related displacement" matters

The climate mobility agreement between Australia and Tuvalu is a stark warning. Climate change isn't a distant threat - it's displacing people right now. The Kaldor Centre's Principles on Climate Mobility offer a roadmap for action:

Develop sustainable solutions;
Protect the rights of the displaced; and
Recognise the unequal burden on vulnerable communities

Imagine a chaotic mass exodus triggered by a sudden disaster. People are separated from loved ones, essential belongings are lost, and proper healthcare becomes improbable. These situations can exacerbate existing vulnerabilities and create a climate of fear and uncertainty. The Kaldor Centre stresses the need for well-planned evacuations that safeguard human rights and prevent further hardship. Failing to plan evacuations properly will worsen the impacts of climate-related displacement.

Prevention over evacuation

The Principles of Climate Change put forth by the Kaldor Centre illuminate a crucial aspect: the power of prevention in averting the need for evacuations. They advocate for a proactive approach, emphasising the development and execution of measures that strengthen communities' ability to weather climate-related challenges without uprooting them from their homes.

These strategies, ranging from bolstering resilience to tapping into local wisdom and ensuring community involvement, are designed to tackle vulnerabilities head-on.

By embracing a comprehensive and inclusive approach, governments and stakeholders can not only protect communities from harm but also cultivate sustainable solutions that diminish the necessity for reactive measures like evacuations. It's about empowering communities to stand firm in the face of climate change, fostering a future where staying put is not just possible but preferable.

The unequal burden of climate change

The impacts of climate change are not felt equally. Organisations like the Kaldor Centre tirelessly illuminate this critical aspect. Marginalised communities, often lacking the resources and political clout to advocate for themselves, are left to bear the brunt of the crisis. Nations like Tuvalu have contributed minimally to global warming, yet they are often the first to face its consequences.

Women are disproportionately affected by crises. In the case of climate change, displacement can exacerbate existing inequalities, including unequal access to resources and decision-making processes.

By failing to address climate-related displacement, we risk creating a future where millions are left unprotected and vulnerable. As the Kaldor Centre demonstrates, we must push for sustainable solutions that curb climate change, advocate for legal recognition and support for displaced communities, and ensure everyone has a safe and secure place to call home.

Legal actions for climate refugees

Uncle Pabai and Uncle Paul are First Nations leaders from remote islands in Guda Maluyligal in the Torres Strait. As they face rising sea levels threatening to displace their communities, they lead a landmark legal case against the Australian government over climate inaction. Echoing a successful lawsuit in the Netherlands, where their government was sued for insufficient climate action, Uncle Pabai and Uncle Paul argue that the federal government has a legal duty to protect Torres Strait Islander peoples from climate change, which they are failing to do.

Former president of Kiribati, Anote Tong has visited the islands to show solidarity with their fight. If successful, this case could force the Australian government to take stronger action on climate change and set a legal precedent for governments worldwide to better protect their citizens from climate threats.

Thank you to our friends and partners at the Kaldor Centre for International Refugee Law for their wonderful work on this topic. For this article, we have drawn heavily on their Principles on Climate Mobility report, as well as the Grata Fund’s work on legal actions relating to the human impact of climate change.

For those wanting to explore the issues and potential solutions further, visit Kaldor’s Climate Mobility Hub.

Learn more about RACS’s legal services and advocacy.

This article was written by Anthony Vigliante.