Examining the legal framework for the recognition and protection of ‘climate refugees’ in Uganda

Abstract

It is now very clear that one of the growing impacts of climate change is forced migration. Hence, this research examines the legal framework for the recognition and protection of climate refugees in Uganda. In the first instance, the research sought to establish whether there is a relationship between forced migration and climate change. Secondly, it considered whether Uganda actually receives this category of people, and lastly, how those people are in turn categorized and treated under International Law, including the regional arrangements to which Uganda is party. The research highlighted the various protection risks and human rights challenges that people who flee due to climate change continue to face owing to the lack of a clear framework for their recognition and protection. An argument has been made that the lack of adequate recognition and protection mechanisms for climate refugees is due to the fact that the current international refugee law regime only seeks to reinforce racial boundaries in order to preserve the racial characteristics of the North, at the general expense of the human rights of those who have been forcibly displaced in the Global South. Using the framework pioneered by the conceptual framework known as Third World Approaches to International Law (TWAIL), I sought to convey the urgency of the matter and to shed light on why existing measures such as free labour movement protocols, human rights frameworks and Refugee Law fall short. The main contention of this study is that these mechanisms all stem from the colonial legacies inherent in current international law. In conclusion, the research reveals that a number of people who enter Uganda to seek asylum are actually fleeing the adverse effects of climate change, however, the data does not depict a clear picture because of the mixed migration flows with those fleeing conflict. The research is important for two main reasons, namely: The impacts of displacement are not limited to a single country. Uganda is a member of both the East African Community (EAC) and the Inter-governmental Authority on Development (IGAD) both of which are championing free labour movement protocols. It is therefore important to distinguish the displacements occasioned by climate change which may mask themselves as labour movement, from other types of migration. Secondly, compared to conflict-induced displacement, climate-induced displacement is more irreversible as the consequences of years of drought, floods and other climate-related events have progressively made places of origin uninhabitable. Consequently, there is a need to extend this discussion to the global stage and to highlight the need for assistance and durable long-term solutions to the plight of those forced to move on account of climate-related factors. The work concludes with several recommendations on how climate refugees can be adequately protected with specific policy recommendations on how this can be done.