The United Nations convention and 1967 Protocol relating to the status of refugees describes a refugee as:

–       a person who has a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group,

–       is out of their country of nationality and due to fear is unable or unwilling to return.

In Canada, this definition is incorporated in sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA) and does not encompass refugees or migrants who are forced to leave their homelands because of environmental disruptions that jeopardize their very existence. According to Cornell researchers, by 2060 approximately 1.4 billion people could become climate change refugees, and that number is expected to rise.

So far, there are no legal precedents from any common-law jurisdiction recognizing refugee claims on the grounds of climate change. In 2015, for example, the Supreme Court of New Zealand refused to grant leave for an appeal where the applicant’s claim was on the basis of severe environmental conditions in his home country [AF (Kiribati) [2015] NZSC 107]. In this case, the Immigration and Refugee Tribunal of New Zealand upheld the Refugee Protection Officer’s decision stating that while situations of natural disaster and environmental risks entail significant human rights concerns, the claimant must establish that they meet the legal requirements contained in the Refugee Convention.

Now, the question is what happens if the claimant’s country of origin is failing or unable to protect its citizens from dire effects of climate change due to rising sea levels that wipe out entire villages and communities. In the future, there will be significant numbers of refugees fleeing their home countries because of climate change. The issue of whether refugee accepting-countries should recognize and protect environmental refugees under international humanitarian law remains to be addressed.

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First Day of Spring

Today is the first day of spring! This marks the point in the year that that the sun passes directly over the equator and the days become longer than the nights. As the Earth rotates around the sun the axial tilt of the planet means that one hemisphere will always experience longer hours of day light than the other. The vernal equinox marks the transition into spring in the northern hemisphere. The exact time of day when this takes place depends on where you are geographically situated on the surface of the Earth. In Toronto the equinox is at 12:57pm!  Consider this over your lunch today!

United Nations International Day of Happiness

In other warm thoughts for today, the United Nations is celebrating the International Day of Happiness! This day recognizes the importance of happiness and well-being as universal aspirations in the lives of human beings around the world, and also recognizes the relevance of these concepts to public policy objectives. Marking this day was originally an initiative of Bhutan, a country which famously adopted a policy goal of Gross Domestic Happiness as of the same importance as Gross National Product (GNP). From UN Secretary-General Ban Ki-moon’s message today:

The twin concepts of happiness and well-being increasingly feature in international discussions of sustainable development and the future we want. 

Many countries are going beyond the rhetoric of quality of life to incorporate practical measures to promote these concepts in their legislation and policy-making.  These good practices can inspire other countries so that measuring and accounting for broader well-being, and not simply national income, becomes a universal practice.

Happiness may have different meanings for different people.  But we can all agree that it means working to end conflict, poverty and other unfortunate conditions in which so many of our fellow human beings live.

– Secretary-General Ban Ki-moon

Message for the International Day of Happiness, 20 March 2014

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