Emergence of a Regional Climate Refugee Protocol in South Asia: A Practical Antidote to Climate Induced Displacement

Abstract

South Asia is faced with a unique climate challenge due to its geographical realities, exposing clear vulnerabilities. India, Pakistan, Bangladesh and Sri Lanka face severe risks from rising sea levels and coastal flooding on their shores. Landlocked states like Afghanistan, Nepal and Bhutan must deal with the consequences of melting glaciers in the Hindu-Kush Himalayas. In the meantime, many parts of the Maldives may become uninhabitable for sea level rises looming over the low-lying regions. Millions are currently internally displaced in these countries, with projections indicating significant cross-border movements. However, existing legal or paralegal frameworks offer inadequate protection and recognition to the matter. International refugee law and regional conventions cover forced migration in some contexts, but there is currently no explicit provision that sets international and binding legal frameworks or legal status to protect and assist persons displaced by climate change in South Asia. This paper examines the phenomenon of climate-induced displacement and its patterns in South Asia. It also maps international and regional laws pertaining to displacement as well as identifies key deficiencies by utilizing legal doctrinal research to examine these lacunae critically; hence underscoring the urgency of a regional climate refugee protocol. Drawing from case studies of other regional frameworks, the paper proposes that a rights-based, legally binding protocol would offer a cooperative framework for protection to the vulnerable people in this context. Moreover, recommendations for policy initiatives are provided to help guide future regional cooperation for this cross border protective mechanism.