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Brook MeakinsAttorney, Activist, Author of DrowningIslands.com GET UPDATES FROM Brook Meakins Like 72 I-Kiribati Man Wanting 'Climate Change Refugee' Status Denied by New Zealand ImmigrationPosted: 09/05/2012 7:57 pm React
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Climate Change, I-Kiribati Man New Zealand, New Zealand, Climate Change Refugees, Climate Refugees, Drowning-Islands, Kiribati, Refugee-Convention, Green News#news_entries #ad_sharebox_260x60 img {padding:0px;margin:0px} share this story Submit this storydiggredditstumble
Advocates for the victims of climate change often use the evocative terms "climate change refugee" when referring to individuals who must relocate due to climate change related impacts. Academics and those that know refugee law have appropriately criticized the use of this term, pointing out the fact that well-settled refugee law simply excludes climate change victims from its definition. Still, it is quite frequent in my line of work to hear the term climate change refugee. I have been guilty of this in the past -- it is very tempting to use the word "refugee" when advocating for those that have to move from their homes, villages, and countries through no fault of their own. I have stopped using the term, however, because, in addition to the fact that it is simply inaccurate, it also conveys a false sense of legal and international hope for the victims of climate change. If we think an international legal framework has already been carved out for these people, it provides a sense of relief that, in this case, we simply cannot have. It is dangerous to believe that there are answers and protections for these people because that is simply untrue.
This has primarily been an academic debate until now. New Zealand immigration authorities have just refused refugee status to a man from the drowning island country of Kiribati. The 36-year-old man sought refuge in New Zealand from climate change related harm, saying on his application that he fears for his children's future on the coral atolls of Kiribati, which are elevated just slightly above sea level.
The I-Kiribati man has been in New Zealand since 2004. His visa expired recently, so he sought a more permanent solution to his sense of homelessness. During my recent trip to Kiribati, many spoke of New Zealand as a back up option that they would keep in the back of their mind. However, most that I spoke with want to remain in their homeland of Kiribati for as long as they can.
New Zealand authorities cited the fact that the Refugee Convention does not mention environmental harm in their denial of his application. Further, the authorities asked the man (who still remains anonymous) if he was persecuted because of his race, religion, nationality, or his membership in a particular social group or because of political opinion. This is a requirement under the Convention, and the requirement is unmet in this case. The man fears climate change, rather than his own government, which renders him powerless when it comes to utilizing the protection of the Refugee Convention.
The government of Kiribati is actually quite active in the area of climate change related work, both domestically and internationally, making it even more difficult for this man (and others) to be considered under the Refugee Convention.
I applaud this man for his creative thinking and hope that this story gains extensive coverage. It is very important for people to realize that the Refugee Convention is simply not providing physical refuge or legal protection to climate-change victims. Unfortunately there remains a great deal of work to be done in this area.
To see pictures showing coral atoll living, visit http://www.facebook.com/pages/Drowning-Islands/215571098482058
FOLLOW GREEN Like 108k Get Alerts #ad_bottom_article_text {margin-bottom: 15px} Climate ChangeAdvocates for the victims of climate change often use the evocative terms "climate change refugee" when referring to individuals who must relocate due to climate change related impacts. Academics and ...Advocates for the victims of climate change often use the evocative terms "climate change refugee" when referring to individuals who must relocate due to climate change related impacts. Academics and ... Loading... TOP LINKS ON THIS TOPIC 1 of 2No refugee status for Kiribati man: New Zealand immigration authorities have refused refugee status ... #newzealand
Environment" I-Kiribati Man Wanting 'Climate Change Refugee' Status Denied by New Zealand Immigration: Advocate...
Brook Meakins: I-Kiribati Man Wanting 'Climate Change Refugee' Status Denied by New Zealand Immigration
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View All Recency | Popularity WilliamTeach2 Fans 7 hours ago ( 2:23 PM)Only problem is that there really isn't any sea rise in Kiribati. The data from the Australian gov't which monitors the seas in that area show roughly a net zero rise since measurement began in 1992. The data shows that the seas go up, then down, then up, then down.Furthermore, the islands of Kiribati actually show....growth since measurement began. That's right, they got bigger.
Anyhow, how do you think those islands came into being? That's right, the seas were much, much higher in the past.
The Kiribati man could have applied as an environmental refugee, because Kiribati has a huge problem with poo infested waters.WilliamTeach: Only problem is that there really isn't any sea risehttp://www.huffingtonpost.com/social/WilliamTeach/kiribati-wanting-climate-_b_1859518_184494650.htmlHistory |Permalink |Share itThis comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation.
Loading comments… This user has chosen to opt out of the Badges program sabelmousei love to tumble , ask me why .695 Fans 14 hours ago ( 7:36 AM)this is going to happen a lot. WE caused this, THEY'LL suffer multiple times .sabelmouse: this is going to happen a lot. WE caused this,http://www.huffingtonpost.com/social/sabelmouse/kiribati-wanting-climate-_b_1859518_184356328.htmlHistory |Permalink |Share itThis comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments… nick cayman30 Fans 20 hours ago ( 1:40 AM)As mentioned in the article 'New Zealand authorities cited the fact that the Refugee Convention does not mention environmental harm in their denial of his application. Further, the authorities asked the man (who still remains anonymous) if he was persecuted because of his race, religion, nationality, or his membership in a particular social group or because of political opinion.' It would seem that there is an argument that he is in fear persecution from the Developed Countries, those who have been emitting large amounts of CO2 since the industrial revolution, and in fear of his life by reason of being a member of a particular social group, of a SIDS country.
It would be an interesting case and extremely worthwhile. It has huge human rights implications and should perhaps end up in the ICJ.nick_cayman: As mentioned in the article 'New Zealand authorities cited thehttp://www.huffingtonpost.com/social/nick_cayman/kiribati-wanting-climate-_b_1859518_184315251.htmlHistory |Permalink |Share it
HUFFPOST BLOGGERBrook Meakins22 Fans 12 hours ago ( 8:49 AM)Nick, I agree, this would be an interesting and worthwhile case, and could really help with the human rights implications as well. Have you found any examples of this argument being attempted? If so, I would love to read them. If not, let's keep brainstorming!hp_blogger_Brook Meakins: Nick, I agree, this would be an interesting and worthwhilehttp://www.huffingtonpost.com/social/hp_blogger_Brook Meakins/kiribati-wanting-climate-_b_1859518_184372663.htmlHistory |Permalink |Share it nick cayman30 Fans 7 hours ago ( 2:16 PM)Brook, No examples on hand, but I will see what I can find. The other issue is the constitutional status of an island that may be submerged when a claim for 'climate refugee' status is filed. Does the submerged island nation still exist? What becomes of a citizen's citizenship if his nation is underwater? Is the nation still a signatory to treaties and conventions? How do treaties and conventions apply to a nation that, because of sea level rise caused by CO2 driven warming no longer exists physically?nick_cayman: Brook, No examples on hand, but I will see whathttp://www.huffingtonpost.com/social/nick_cayman/kiribati-wanting-climate-_b_1859518_184492056.htmlHistory |Permalink |Share itThis comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments…This comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments… Bauro0 Fans 4 hours ago ( 4:49 PM)If you were in "fear of persecution from the Developed Countries" why would you then seek refuge in one of said Developed Countries? I can't see your case/argument going very far in any of the Developed Countries.Bauro: If you were in "fear of persecution from the Developedhttp://www.huffingtonpost.com/social/Bauro/kiribati-wanting-climate-_b_1859518_184546531.htmlHistory |Permalink |Share it nick cayman30 Fans 3 hours ago ( 5:46 PM)Bauro, In fear of sea level rise created by carbon output of developed countries that have been puping CO2 into the atmosphere since the industrial revolution. At least in a country like New Zealand we can find some higher ground. The developed countries will not be happy with the arguement but the truth of it can not be denied.nick_cayman: Bauro, In fear of sea level rise created by carbonhttp://www.huffingtonpost.com/social/nick_cayman/kiribati-wanting-climate-_b_1859518_184566602.htmlHistory |Permalink |Share itThis comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments…This comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments…This comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments… Ozonator22 Fans 20 hours ago ( 1:37 AM)My profound condolences. We just had unusually high flooding in Louisianan aka Jindalstan which our failed state GOPers blamed the US Army Corps of Engineers. AGW Hurricane Isaac was and is a hoax to our paid deniers as was the storm surge and torrential rainfall. Cajuns continue to be denied their natural resources and forced into being refugees throughout their history. Sadly, the South Pacific and Indian Ocean islanders appear to now be humanities' greatest ocean and land travelers with nowhere to go.Ozonator: My profound condolences. We just had unusually high flooding inhttp://www.huffingtonpost.com/social/Ozonator/kiribati-wanting-climate-_b_1859518_184314459.htmlHistory |Permalink |Share it HUFFPOST BLOGGERBrook Meakins22 Fans 12 hours ago ( 8:50 AM)Thanks for sharing your thoughts- I would like to know more about your experience with flooding, and about the "refugee" implications.hp_blogger_Brook Meakins: Thanks for sharing your thoughts- I would like to knowhttp://www.huffingtonpost.com/social/hp_blogger_Brook Meakins/kiribati-wanting-climate-_b_1859518_184373065.htmlHistory |Permalink |Share it Ozonator22 Fans 7 hours ago ( 2:07 PM)I was only flooded once in the Baton Rouge area for about a week. The house was elevated a story above the water. We never lost telephone, power, nor water. The Cajuns were refugees from France and Canada and now parts of Louisiana.Ozonator: I was only flooded once in the Baton Rouge areahttp://www.huffingtonpost.com/social/Ozonator/kiribati-wanting-climate-_b_1859518_184488755.htmlHistory |Permalink |Share itThis comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments…This comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments…This comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation. Loading comments… John Englander19 Fans 21 hours ago (12:09 AM)Thank you Brook. This is very useful information, and extremely timely. I am just doing the final edit on a book about rising sea level (High Tide on Main Street: Rising Sea Level and the Coming Coastal Crisis). Your column post allows me to clarify and update that legal situation, i.e. climate refugees from SLR.Your comments about the nuances of the refugee status are very insightful and thought provoking.John_Englander: Thank you Brook. This is very useful information, and extremelyhttp://www.huffingtonpost.com/social/John_Englander/kiribati-wanting-climate-_b_1859518_184287745.htmlHistory |Permalink |Share it
HUFFPOST BLOGGERBrook Meakins22 Fans 12 hours ago ( 8:53 AM)Thanks for your comment John- I am looking forward to learning more about and reading your book when it is finished- always looking to expand my coastal/sea level rise knowledge. Feel free to share a link to the site here, as others might be interested as well! And thank you for including legal commentary in your work- it is important for people to realize the lack of options available to those that are impacted by climate change.hp_blogger_Brook Meakins: Thanks for your comment John- I am looking forward tohttp://www.huffingtonpost.com/social/hp_blogger_Brook Meakins/kiribati-wanting-climate-_b_1859518_184373764.htmlHistory |Permalink |Share itThis comment has been down-ranked into oblivion. View comment You have not right to carry out this operation or Error this operation.
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