Climate change is a definitive driver in the displacement of people from their home countries, yet Australian and even international refugee laws make it difficult to prove it is a valid reason for granting people seeking asylum the protection they should be afforded as a basic human right.

“As the climate change crisis worsens, the number of displaced people will continue to rise. We are already seeing displacement due to conflicts over shortage of land and resources … It's clear when talking to clients the difficulties in terms of impacts of flooding, droughts and violence that are linked to scarce resources that we can trace back to climate change. That is a real concern.”

- Alison Ryan, RACS Supervising Senior Solicitor

Here are two case studies from Yemen and Afghanistan where climate change is creating scarcity of resources, which in turn has led to land grabs, conflicts and people being forced from their homes.

YEMEN

Nadheer* fled Yemen in 2018. The Houthi militia, who had taken over Nadheer’s town, had asked Nadheer to work in exchange for basic rations. Nadheer refused to work for the militia, and soon after, his neighbor’s home was bombed.

Nadheer suspected the bombing was actually targeted at his home. Nadheer escaped and arrived in Australia on a visitor visa. Soon after, he asked the Refugee Advice and Casework Service (RACS) for help applying for a protection visa because he considered it was not safe for him to return home. One issue is whether Nadheer could relocate to a safe area in Yemen if he returned. Climate change is exacerbating existing political instability in Yemen. The World Bank has noted the diminishing availability of water in parts of Yemen, and the ongoing conflict has accelerated the water scarcity. Inconsistent rainfall is affecting crop yields, and warmer ocean temperatures and sea-level rise threaten the bio-diversity in the surrounding seas. Extreme weather events are becoming more frequent and increasingly deadly. Unusually high temperatures are increasing the spread of malaria, while the ongoing conflict makes it more difficult to receive proper medical care.

RACS assisted Nadheer in preparing his protection visa application. RACS is now assisting Nadheer in drafting submissions for an interview with the Department of Home Affairs. He is arguing that it is not possible for him to relocate in Yemen, using a recent Federal Court case that says relocation is not to be considered to areas where he would be unsafe, given his home country generally is “unsafe or physically uninhabitable or so inhospitable that a person would be exposed to a likely inability to find food, shelter or work” and is “so war ravaged that civilians are in daily peril.”

If Nadheer’s application is successful, he will be granted a permanent protection visa. He may then be able to bring to Australia the wife and two children he left behind in Yemen.

This case study was first published on PILnet.

AFGHANISTAN

Mohammad* fled Afghanistan in 2013. According to the United Nations Environment Program, 80% of conflict in Afghanistan is over land, water, and resources. Droughts, floods, avalanches, landslides, and extreme weather have worsened in recent years due to climate change** and this has exacerbated the battle for land and resources between the settled Hazaras and the nomadic Kuchis in the central highlands of Afghanistan. The Kuchis, who are supported and armed by the Taliban, raid Hazara villages and confiscate Hazara land.

In Mohammad’s case, 50 armed Kuchis arrived on the outskirts of a Hazara village. When the Kuchis opened fire, Mohammad and the other villagers fought back. The next day, 200 more Kuchis and Taliban arrived. Outnumbered and outarmed, the villagers realised that they could not stop the Kuchis from taking their land and fled. Mohammad’s friends told him that the Taliban was looking for the young men who had fought against the Kuchi. Fearing for his life, Mohammad left Afghanistan with his wife and daughter.

RACS assisted Mohammad in preparing his protection application and represented him at his interview with the Department of Home Affairs. Mohammad arrived in Australia by boat, so he is not eligible for a permanent protection visa. Although Mohammad was granted a temporary protection visa after waiting years for an interview with the Department of Home Affairs, to remain safe in Australia Mohammad will need to prove his case every three years. He will not be able to bring his family to Australia.

This case study was first published on PILnet.

*Names have been changed for our clients’ protection.

**Sophia Jones, ‘In Afghanistan, climate change complicates future prospects for peace,’ National Geographic (3 February 2020), accessible here.