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CLIMATE CHANGE REFUGEES: PREPARING FOR THE FUTURE Dissertation submitted in part fulfillment for the requirement of degree of LL.M. Submitted by Supervised by PURANJAY K. VEDI DR. BHARTI National Law University Delhi (India) 2016 1 DECLARATION BY CANDIDATE I hereby declare that the dissertation entitled “Climate Change refugees – Preparing for the future” submitted at is the outcome of my own work carried out under the supervision of Dr. Bharti, Associate Professor, National Law University, Dwarka, Delhi. I further declare that to the best of my knowledge the dissertation does not contain any part of work, which has not been submitted for the award of any degree wither in this University or any other institution without proper citation. Signature of candidate Name: Puranjay K. Vedi Roll No: 19/LLM/2015 National Law University, Delhi Place: New Delhi Date: 27/05/16 i CERTIFICATE OF SUPERVISOR This is to certify that the work reported in the LL.M. dissertation entitled “Climate Change Refugees – Preparing for the future”, submitted by Puranjay K. Vedi at National Law University, Delhi is a bona fide record of his original work carried out under my supervision. To the best of knowledge and belief, the dissertation: (i) embodied the work of the candidate himself; (ii) has duly been completed; (iii) is up to the standard both in respect of contents and language for being referred to the examiner. Signature of supervisor Name: Dr. Bharti Affiliation: Associate Professor, National Law University, Dwarka, Delhi. Place: New Delhi Date: 27/05/16 ii ACKNOWLEDGMENT I, Puranjay K. Vedi, student of National Law University, Delhi, LL.M with utmost regard for the sincere painstaking efforts that Dr. Bharti, Associate Professor, National Law University, Dwarka, Delhi took in guiding me towards successful completion of Dissertation titled “Climate Change Refugees: Preparing for the Future”. Her immense ocean of knowledge in the field of Human Rights and Environmental Law helped me in achieving a fruitful result. In addition I would like to furnish great regards to the faculty of National Law University, Delhi in helping us inculcate the technicalities of Research Methodology at the inception of our LL.M course, specially Prof. (Dr.) Ranbir Singh, honourable Vice Chancellor, National Law University, Delhi (NLUD), for appointing some of the best faculties, Prof. (Dr.) G.S. Bajpai, honorable Registrar, NLUD for taking out time from his busy schedule and helping us understand the concepts of Research Methodology, Dr. Bharti Yadav, at NLUD, for assisting us further in Research Methodology whenever we needed help at odd hours. Beside this I would also like to acknowledge Prof. (Dr.) M.P. Singh at NLUD, for introducing us with legal framework of countries around the world in Comparative Law classes which certainly helped us in lowering down the hesitation and reluctance in understanding legal systems of neighboring countries and Dr. Niraj Kumar at NLUD, for introducing us to the realm of Environmental Law in first semester with great motivation. Lastly I would like to thank my classmates at NLUD for being kind to me and making the journey memorable. iii TABLE OF CONTENTS S.No. CHAPTERS. Page No. I DECLARATION BY THE CANDIDATE. i II CERTIFICATE OF SUPERVISOR. ii III ACKNOWLEDGMENTS iii IV TABLE OF CONTENT iv V LIST OF ACRONYMS AND ABBREVIATIONS. v-vi VI LEGISLATIONS/DOCUMENTS REFERRED vii VII LIST OF CASES. viii 1 CHAPTER – 1: INTRODUCTION 1-20 2 CHAPTER – 2: CORRELATION BETWEEN CLIMATE CHANGE 21-44 AND HUMAN DISPLACEMENT 3 CHAPTER – 3: KIRIBATI ISLAND CLIMATE CHANGE 45-61 REFUGEE CASE 4 CHAPTER – 4: CLIMATE CHANGE REFUGEE CONVENTION 62-79 5 CHAPTER – 5: CONCLUSION 80-84 VII BIBLIOGRAPHY. xi-xxx VIII APPENDIX. xxxi- xxxvi iv LIST OF ACRONYMS AND ABBREVIATIONS Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP) Ad-hoc working group – on long-term cooperative action (AWG-LCA) African Development Bank (AFDB), Alliance of small Islands States (AOSIS) Asian Development Bank (ADB), Climate Change, Environment and Migration Alliance (CCEMA) Conference of Parties (COP) Conservation International (CI), Convention against Torture (CAT) Development Bank of Latin America (CAF), Development Bank of Southern Africa (DBSA), Economic and social council (ECOSOC) Environmental Change and Forced Migration Scenarios (EACH-FOR) European Bank for Reconstruction and Development (EBRD), Food and Agriculture Organization of the United Nations (FAO), Foreign Economic Cooperation Office - Ministry of Environmental Protection of China (FECO), Fundo Brasileiro para a Biodiversidade (FUNBIO), Global Environment Facility (GEF) Global Forum on Migration and Development (GFMD) Inter-American Development Bank (IDB), Intergovernmental Panel on Climate Change (IPCC) Internally Displaced Persons (IDPs) International Council for Science (ICSU) International Covenant on Civil and Political Rights (ICCPR) International Covenant on Economic, Social and Cultural Rights (ICESCR) International Fund for Agricultural Development (IFAD), International Organization for Migration (IOM) v International Union for Conservation of Nature (IUCN), Least Developed Countries Fund (LDCF) Member of Parties (MOP) National adaption programme for actiona (NAPA) Small Islands Developing States (SIDS) Special Climate Change Fund (SCCF) Subsidiary Body for Implementation (SBI) Subsidiary Body for Scientific and Technological Advice (SBSTA) UN Environmental Programme (UNEP) UN Framework Convention on Climate Change (UNFCCC) UN High Commissioner for refugees (UNHCR) United Nations Development Programme (UNDP), United Nations Environment Programme (UNEP), United Nations Industrial Development Organization (UNIDO), West African Development Bank (BOAD), World Bank Group (WBG), World Climate Programme (WCP) World Meteorological Organization (WMO). World Wildlife Fund U.S. (WWF). vi LEGISLATIONS/DOCUMENTS REFERRED African Commission on Human and People’s Right (2001) Bali action Plan, 2007 Bali Road Map, 2007 Cancun Agreement, 2010 Copenhagen Accord, 2009 Durban Action Plan, 2011 Foreigners (Tribunals for Assam) Order of 2006 Global Climate Fund Illegal Migrants (Determination by Tribunals) Act, 1983 Kyoto Protocol, 1998 Lima call for action, 2014 Reducing Emissions from Deforestation and Forest Degradation, 2005 Stockholm Declaration, 1972 The Constitution of India, The Foreigners Act, 1946, The Immigrants (Expulsion from Assam) Act, 1950 The Indian Citizenship Act, 1955 The Indian Passports Act, 1967 The Passport (Entry into India) Act, 1920, The Registration of Foreigners Act, 1939, UN Convention on Biological Diversity to combat desertification, 1992 UN Convention on Refugees, 1951 and its Protocol 1967 UN Declaration of Human Rights UN Framework Convention on Climate Change, 1992 Warsaw Mechanism, 2013 vii LIST OF CASES ARRONDELLE V. UNITED KINGDOM, 5 EUR. CT. H.R. 118 (1983), CIVIL RIGHTS VIGILANCE COMMITTEE S.L.S.R.C. COLLEGE OF LAW, BANGALORE V. UNION OF INDIA AND OTHERS, AIR 1983 KANT 85, 1982 (2) KARLJ 208, HATTON AND OTHERS V. UK, EUR. CT. H.R. 17 (2001), HUNGRY V. SLOVAKIA, 1997 ICJ, LOPEZ OSTRA V. SPAIN, 20 EU, CT. HR. 227 (1995), M.C. MEHTA V. UNION OF INDIA, 1987 AIR 965, ONERYILDIZ V. TURKEY (GC), 2004-XII, EUR. CT. H.R. 657, REFUGEE APPEAL NO. 72189/2000 TO REFUGEE APPEAL NO. 72195/2000 AT AUCKLAND, SARBANANDA SONOWAL V. UNION OF INDIA, WP. (CIVIL) 117 OF 2006 (2ND SONOWAL WRIT PETITION) SARBANANDA SONOWAL V. UNION OF INDIA, WP. (CIVIL) 131 OF 2000 (1ST SONOWAL WRIT PETITION) SARBANDA SONOWAL V/S UNION OF INDIA, WP- 117/2006, SC 7/2015 [2015] NZSC 107, IOANE TEITIOTA V/S. THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT, SOCIAL AND ECONOMIC RIGHTS ACTION CENTRE FOR ECONOMIC AND SOCIAL RIGHTS V. NIGERIA, COMMUNICATION NO.155/96, viii CHAPTER – 1 INTRODUCTION The four great Ancient Civilizations, The Mesopotamia Civilization established between Tigris and Euphrates River of modern-day Iraq, Syria and Kuwait, The Nile River Civilization of Egypt1, The Indus River Valley Civilization of India and Pakistan2 and The Yellow river civilization of China3, had one thing in common that they were established near River. Rivers provided the means of sustenance, when the colonies were at the inceptive stages. The annual flooding of rivers would wash away silt from the nearby fertile lands making it susceptible for growing crops. However such preferable locations have also seen some of the bloodiest battles to gain control of the resources4. Human beings are territorial species, having an innate tendency to fight for their space and compete for resources. Similarly the desire to reside near riverbanks also had other consequences. Annual Floods, water contamination, diseases, etc. were part and parcel of residing at the banks of river5, sometimes forcing humans to displace and find shelter elsewhere. Floods are considered to be one of the major causes of human displacement6. We have a history of numerous instances when colonies were forced to migrate temporarily in 1 Fekri A. Hassan, The Dynamics of a Riverine Civilization: A Geoarchaeological Perspective on the Nile Valley, Egypt, 29 WORLD ARCHAEOL. 51 (1997). 2 BRIDGET ALLCHIN & RAYMOND ALLCHIN, THE RISE OF CIVILIZATION IN INDIA AND PAKISTAN (Cambridge University Press 1982). 3 Chun Chang Huang et al., Extraordinary Floods of 4100− 4000a BP Recorded at the Late Neolithic Ruins in the Jinghe River Gorges, Middle Reach of the Yellow River, China, 289 PALAEOGEOGR. PALAEOCLIMATOL.
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