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Environmental Migration Legal Issues

Maryse GRANDBOIS

Environmental migrants, ecological refugees, environmentally induced displaced people - there is no common terminology and no common framework to qualify these people migrating from inhabitable lands. Who are they and why are they leaving their home? How many are they? What should we call them? What is their future?

Environmental migration can be voluntary or not, sudden or planned, permanent or temporary and people can migrate within their country or across borders. There is no general agreement, no uniform terminology or precise definition of these environmental migrants. Moreover, there is no response mechanism to provide them with basic services, assistance or protection. No institution is responsible for collecting data concerning their numbers, motivations or different situations. They cannot qualify as refugees under existing international law, are ineligible for protection under the Refugee convention, and, therefore, almost invisible in the international system.

The International Organization on Migration (IOM), has proposed using the term "environmental migrants" to define legally the "persons or groups of persons who, for compelling reasons of sudden or progressive change in the environment that adversely affects their lives or living conditions, are obliged to leave their habitual homes or choose to do so, either temporarily or permanently and who move either within their country or abroad".1