In cooperation with Funded by

C l i m M i gConference on Human Rights, Environmental

Change, Migration and Displacement

Vienna, 20/21 September 2012

Venue (except for Cinema and Human Rights):Austrian Research Foundation for International

Development (ÖFSE) Sensengasse 3, 1090 Vienna

Conference VenueÖFSE, Sensengasse 3, 1090 Vienna

= Conference Venue

20 September 2012

14:00

Registrat ion & Coffee/Tea

14:30

Opening of the ConferenceThis session will briefly introduce the ClimMig project, the conference and the key themes that will be addressed. Manfred Nowak – Welcome addressMargit Ammer, François Gemenne – Opening remarks

15:00 – 17:30

Keynote speeches – followed by discussionsThree keynote speeches by leading experts in international law and refugee law will set the framework for a rights-based approach of environmental migration and displacement. Walter Kälin “The Nansen Principles: The way ahead”

Coffee/Tea Break

Jane McAdam “Legal Solutions: If a treaty is not the answer, then what is it?”Roger Zetter “The local dimension of international legal and normative frameworks: how it works on the ground”

Moderation: Michael Frahm

19:00 – 21:30

Cinema and Human Rights Screening of the movie “The Grapes of Wrath” by John Ford (1940) – introduced by François Gemenne

In cooperation with

Venue: Top Kino, Rahlgasse 1, 1060 Vienna

21 September 2012

9:30 ClimMig - Presentation of the Project Margit Ammer – The role of human rights in the projectPauline Brücker – How international organisations deal with human rights in the context of environmental migration: a mapping exercise

”Key Human Rights Challenges”

10:15 – 12:00

Paral lel sessionsPanel I: Right to Food (Security), Water, Health, and Land

Panel II:Civil and Political Rights

Panel III: Resettlement Schemes and Right to Return

12:00

Lunch Break

“Addressing Human Rights”

13:45 – 15:30

Paral lel sessionsPanel IV:Legal Protection

Panel V:Legal Protection (Case Studies)

Panel VI:Climate Justice

15:30

Posters & Coffee/Tea

16:00 – 17:30

Policy Roundtable: What can the EU do? Agata Sobiech, International Relations Officer, Commission (DG Home Affairs)Justin Ginnetti, Advisor, Natural Disasters, Internal Displacement Monitoring Centre (IDMC),

Norwegian Refugee CouncilAlina Narusova-Schmitz, Regional Policy and Liaison Officer, IOMChristian Fellner, Federal Ministry for European and International Affairs

Moderation: François Gemenne

17:30 – 17:45

Concluding RemarksProject team

Details Panels / Morning Session “Key Human Rights Challenges”

Panel I: Right to Food (Security), Water, Health, and Land Chair: Michael FrahmTori Timms (Environmental Justice Foundation): The human cost of adaptation and mitigation failuresJeanette Schade (University of Bielefeld, COMCAD): Human rights, climate change and climate policies in Kenya: The case of Tana DeltaClaire Debucquois (University of Louvain): Land investment in the South: a rights-based approachTania Berger (Danube University Krems): Urban growth, climate change and vulnerability

Panel II: Civil and Political RightsChair: Roger ZetterMaja Bahor, Andrej A. Lukšič (University of Ljubljana): Green citizenship in the light of environmental migrationsFabian Schuppert (University of Zürich, ETH): Governing climate refugees: Self-determination and finding new territory

Panel III: Resettlement Schemes and Right to ReturnChair: François GemenneMichelle Leighton (American University of Central Asia): Population Displacement, Relocation, and Migration: The Law of Adaptation to Climate ChangeNicole de Moor (University of Ghent): Returning to a destructed environment: on the right and duty to return

Mariya Gromilova (Tilburg University): Right to development of people: is migration a fair adaptation strategy from a human rights perspective?

Details Panels / Afternoon Session “Addressing Human Rights”

Panel IV: Legal Protection, Chair: Walter KälinMarion Noack (ICMPD): “Climate Refugees” Legal and policy responses to environmentally induced migration Emilie Kuijt (University of Leiden): Protecting Environmentally Displaced Persons: A Human Right to Humanitarian Assistance in the Aftermath of Natural Disasters? Calum TM Nicholson (University of Swansea): The environmental change, migration and displacement debate: distinguishing analytic and normative frameworks and gaining critical distance

Panel V: Legal Protection – Case Studies, Chair: Jane McAdamSarah Nash (University of Glasgow): Forced migration norms in the context of climate change: a case study of SomaliaAlice Baillat (Sciences Po, CERI): A Critical Analysis of Security-Based Discourses on Climate-Induced Migration in Bangladesh: The Silent on Human RightsJohannes Herbeck/Silja Klepp (University of Bremen): Negotiating Climate Change and Migration in the European Union and the PacificMichele Manocchi (University of Turin): From “real story” to “right story”: when one's own story must be silenced

Panel VI: Climate Justice, Chair: Monika MayrhoferTeresa Thorp (Utrecht University): Constitutionalism of Climate Justice: Towards An International Legal Framework for Responding to Climate Induced Migration

and DisplacementRitumbra Manuvie (University of Edinburgh): Climate Change and Human Rights: Role of Courts in the event of climate changeRosa Enn (University of Vienna): The chance for Environmental Justice for the Indigenous Dao?

Posters

Benoît Mayer (National University of Singapore): Whose protection? – Questioning the need for a specific human rights regime for environmental migrantsTufail Jarul (Jawaharlal Nehru University): Climatic change and its impact on the seasonal movement of the Bakarwal tribe and its future in the Valley of Kashmir Charlotte Huteau (Université de La Rochelle): Disappearing states: How to preserve the identity of the displaced populationPatrick Toussaint (Diplomatic Academy of Vienna): Migration and Human Mobility in the Context of Environmental Displacement

Programme may be subject to amendment

Key expertsWalter Kälin is professor for Constitutional and International Law at the University of Bern. He earned his Doctor of Law from the University of Bern and his LL.M. from Harvard Law School. He has acted as a consultant for numerous agencies and organizations – including the Swiss development agency, UNHCR, UNHCHR, UNDP, and others – on matters of decentralization, human rights, and refugee law. In 1991-1992, Kälin served as the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Kuwait under Iraqi occupation. He was also a member of the Swiss government's Steering Committee for "the preparation of constitutional reform" and he was Chairman for the preparation of the reform of the judiciary (1995–1996). From 2003 to 2008, Kälin was a member of the Human Rights Committee of the United Nations. Since 2004, Kälin has served as the Representative of the United Nations' Secretary-General on the Human Rights of Internally Displaced Persons.

Jane McAdam, BA (Hons), LLB (Hons) (Sydney), DPhil (Oxford)) is a professor at the University of New South Wales and an Australian Research Council Future Fellow in the Faculty of Law. She is also the Director of the International Refugee and Migration Law project at the Gilbert + Tobin Centre of Public Law and the convenor of the Faculty's Refugee Law and Policy Group. She is a Non-Resident Senior Fellow at the Brookings Institution in Washington D.C., and a Research Associate at the University of Oxford’s Refugee Studies Centre. Jane publishes widely in the area of international refugee law, in particular on complementary protection and climate change-related displacement. Roger Zetter is Emeritus Professor of Refugee Studies, University of Oxford, retiring as the fourth Director of the Refugee Studies Centre (RSC) in September 2011. He was founding editor of the Journal of Refugee Studies from 1988 till 2001. Following degrees from Cambridge and Nottingham Universities he completed his DPhil at the Institute of Development Studies, University of Sussex. With research interests in sub-Saharan Africa, the EU and Middle East, his

work has covered many aspects of forced displacement. Recent research on environmental displacement and rights has been funded by UNHCR, Governments of Norway and Switzerland. He currently directs a project on Environmentally displaced people: rights, policies and labels (funded by the MacArthur Foundation). He was lead consultant for the IASC 2011 Strategy for Managing Humanitarian Challenges in Urban Areas. Currently he is directing large-scale projects on the Impacts and Costs of Forced Displacement (World Bank, Danish and Norwegian MFAs), Unlocking the Crisis of Protracted Displacement (Norwegian MFA), and is editor of the forthcoming IFRC World Disasters Report 2012 focused on forced migration.

Panel I

Tori Timms

The human cost of adaptation and mitigation failuresThere is a profound human cost associated with climate change mitigation and adaptation failures. Declining access to adequate food and water, the collapse of rural livelihoods and forced migration are some of the core humanitarian challenges created by the negative and complex impacts of climate change. The worst affected countries and populations are those where exposure to impacts is most pronounced, sensitivity is high and there is limited capacity to adapt – largely speaking, low-lying, coastal, small island, arid and mountainous developing countries. Rather than being an issue for the future, these impacts are being felt today and this paper outlines some of the experiences felt by individuals in ‘frontline’ countries. They demonstrate the urgency of which action on climate change is needed. The most effective responses to the impacts of climate change will involve planning and preparedness and participation from affected communities and populations. There need to be greater synergies between economic, environmental, social and human rights frameworks, goals and strategies to mitigate the negative impacts of climate change. Civil society organizations (CSOs) can play an important role in

information sharing and facilitating effective dialogues between communities, researchers and policy-makers.

Tori Timms is a Campaigner at the Environmental Justice Foundation (EJF). She joined EJF in 2009, where she has worked as a researcher and campaigner on issues including environmental and social abuses in cotton production, persistent organic pollutants (POPs) and climate change. She has contributed to publications such as ‘No Place Like Home: where next for climate refugees?’ and ‘A Nation under Threat: The impacts of climate change on human rights and forced migration in Bangladesh’. She was part of the EJF team investigating the human rights threats posed by climate change in Bangladesh, and works with EJF’s partners as part of the Home Truths – Climate Witness Network. She has also worked as a researcher on the international trade of endangered species and shark fisheries for the international NGO WildAid.

Jeanette Schade

Human rights, climate change and climate policies in Kenya: The case of Tana Delta Coming from the arid and drought hidden North of Kenya Tana River is the only adjacent watercourse which carries water the whole year through. Thus its delta serves as an important fallback zone for nomadic pastoralists form those provinces and is moreover home to small-scale farmers, local semi-nomadic pastoralists, hunters and gatherers and to a rich biodiversity. The environmental conditions and hydrological system of the Tana Delta are, however, strongly impaired by three developments: Up-stream economic activities impact upon the delta’s flooding scheme and thus upon local agriculture; climate change increases rainfall variability; and the Kenyan government plans to boost agrofuel production in the delta region as a part of its climate change mitigation and adaptation strategies. All three factors jeopardise the right to water and to food of the delta’s inhabitants as well as of the seasonally in-migrating pastoralists. Expanding agrofuel cultivation,

moreover, implies that people get evicted from their lands, displaced, and deprived of commonly used natural resources. This happens despite the new constitution of August 2010 because Kenya’s land tenure system is currently still shaped by the legacy of the post-colonial land management system, which made Kenyans highly land insecure. The field study, carried out in summer 2011, shows how environmental change, climate policies, and land regulations interact with each other to the disadvantage of already vulnerable groups and the fulfilment of their human rights to water, food, and housing, which are anchored in both international standards and the new Kenyan constitution.

Jeanette Schade completed her M.A. in philosophy at the Munich School of Philosophy of the Society of Jesus and holds a diploma in development studies from the University of Bremen. She worked for the Institute for Development and Peace (INEF) of the University of Duisburg, where she received her PhD on international relations (focus on civil society actors). At the Center on Migration, Citizenship and Development (COMCAD) of Bielefeld University she is now in charge of the conference series on Environmental Change, Migration and Conflict, a collaboration between the University and the European Science Foundation. Since 2011 she is the acting vice chair of the COST Action on Climate Change and Migration.

Claire Debucquois

Land Appropriations in the South: a Rights-based Approach Arable land in the South is increasingly becoming a tradable commodity, and is changing hands on the international market. I analyse this phenomenon according to two benchmarks, the right to food and a hypothesis of “globalizing property rights,” paying particular attention to the bargaining and contesting tools available to rural communities. Firstly, local communities are increasingly struggling to access and manage the land, water and natural resources that have supported their

livelihoods for generations. These are now being converted into large-scale agro-industrial plantations, mostly aimed at non-food production (agro-fuels). Secondly, the spread of western-style property rights regimes as a universal institution is apparently resulting in the disruption of pre-existing social structures, fostering land-related conflicts as well as rural-urban migrations and reinforcing social hierarchies and dependency patterns. While international law provides effective protection for foreign investment, international human rights law too often remains inaccessible for people affected at the grassroots level.

Claire Debucquois is a fellow at the Belgian National Fund for Scientific Research (Aspirante auprès du F.R.S.-FNRS) and attached to the University of Louvain (UCL, Louvain-la-Neuve) and Columbia Law School. She is member of the Research Team of Prof. Dr. O. De Schutter, United Nations Special Rapporteur on the Right to Food.

Tania Berger

Urban growth, climate change and vulnerability - How are people in informal urban settlements in the Global South affected by and do respond to natural disasters? Rural to urban migration is a dominant process in the Global South. Rural poverty and lake of service provision figure as pushing factors while urban employment and income generating opportunities pull people to the agglomerations. Despite appalling living conditions in the quarters of those newly migrated to the city, these agglomerations function as development catalysts, enabling new citizens to access social services formally unavailable to them in remote countryside locations. Living on limited premises excludes rural migrants from participating in the formal housing market and forces them to informally settle in unsuitable locations and suffering from lake of secure tenure. Due to their location in areas of hazard risk and their appliance of cheap and inappropriate materials these marginalized settlements are extremely vulnerable to disaster. Increased frequency of natural hazards

is expected to be among the impacts of climate change. Urban poor are therefore among those most affected.

Tania Berger is an architect by training, PhD in Natural Resources and Applied Life Sciences. Currently she is engaged in establishing a centre for Social Housing within the Department for Migration and Globalization at Danube University Krems, Austria. Dr. Berger has been coordinating several research projects on national and international level concerning energy efficiency in the built environment, including aspects such as passive house building design, building integrated PV, impacts of climate change in the built Environment.

Panel II

Maja Bahor (co-author Andrej A. Lukšič)

Green citizenship in the light of environmental migrationsIn a paper ecological migrations will be addressed from a radical political ecological perspective that all people live within the same biosphere, therefore all people are interconnected and mutually responsible to each other. In this light, environmental migrations have political implications to all people in different social and geographical positions. These implications will be highlighted from conceptual point of view through critical revision of a citizenship. Green political theorists interrogate the concept of citizenship through 'natural condition'. The paper presents an up to date compilation of different views to linkage between green politics and theories of citizenship: starting from a search to appropriate theory of citizenship in globalised world, through ecological revision of liberal and republican notion of citizenship, to designing of fundamentally different notion of ecological citizenship. The ecological citizenship moves in radically new directions and it is an illustration of how the principle can lead to actions rooted in justice.

Maja Bahor, Msc, is a doctor student candidate on Faculty of Social Sciences, University of Ljubljana and works as a researcher and a teaching assistant at the same Faculty. Her research work is focused on green political theory, democracy and sustainable development. In recent years she cooperated in two projects. In the first, Professional training for professionals in education in the field of social and civic competences, she gave lectures and performed workshops on sustainability, ecology and democracy in numerous different groups of teachers all around Slovenia. In the second project – Citizen(ship) in the new age: citizenship education in multicultural and globalized world, she performed researches about topics within citizenship education and researched new pedagogical methods and

tools in topics related to citizenship, democracy and environment.

Andrej A. Lukšic, PhD, is Associate Professor of Political Theory and a Head of the Centre for critical approach to political science at the Faculty of Social Sciences, University of Ljubljana. At the Faculty of Social Sciences he teaches several subjects from political sciences at the undergraduate level, at graduate level he teaches Political Ecology. Since 1993 he is a director of The Institute of Ecology. He has experiences in editorial and project management, research and teaching at undergraduate, graduate and post-graduate level. His research and educational work focuses on relationships between various types of technologies, different forms of democracy and democratization, and green political theory. As a member of the Institute of Social Sciences he was holder and cooperating in several different projects from political science field.

Fabian Schuppert

Governing climate refugees: Self-determination and finding new territory Climate induced migration is one of the many key-challenges the international community will have to deal with in the near future. If entire states disappear or become uninhabitable, the international community will need find effective governance structures for dealing with the displaced. This paper will inquire on which conception of rights future climate refugee governance should be based. The paper will analyse several candidates including claims to individual autonomy, collective self-determination and cultural integrity. As a result the paper suggests that protecting the displaced group's cultural and political integrity has to take priority over individual claims to freedom of movement or autonomy. Thus, people's individual rights to autonomy/freedom might have to be curtailed in order to be able to implement an effective scheme for protecting a group's/nation's collective right to self-determination and cultural integrity.

Fabian Schuppert is a postdoctoral fellow and research associate at the Centre for Ethics, University of Zurich. Fabian's research focus lies on environmental ethics and political theory. Fabian currently works on issues of resource governance and climate justice.

Panel III

Michelle Leighton

Population Displacement, Relocation, and Migration: The Law of Adaptation to Climate ChangeImmediate displacement and longer-term migration present different human rights, legal and institutional challenges for governments and humanitarian relief practitioners. Human mobility, particularly in large numbers from rural to urban areas, creates governance issues. It can engender conflict and discrimination among ethnic groups competing for jobs or other scarce resources, tax overburdened infrastructure, and stress human welfare and social services systems. Those forced to migrate without legal status or recognition may remain undocumented, ineligible for social protection, and forced into the underground economy. Countries likely to be receiving states are located in both the north North and the south South but, as yet, few regional or international agreements exist to protect migrants and virtually none address the impacts of climate change. This has led to a significant gap in legal structure, practice, and financial resources for managing disaster-related migration flows. Where countries already face humanitarian and human rights challenges, the use of governance approaches that can more humanely and effectively address the needs of persons displaced or who migrate due to climate impacts is particularly critical. Climate-oriented bilateral or multilateral migration management agreements, or recognizing a new status for migrants forced to leave uninhabitable climate affected locations on a temporary or permanent basis, may be the most appropriate policy tools. This presentation identifies the areas where populations are

most vulnerable to displacement, and briefly examines how governments are responding to the issue in national adaptation planning. Next, it discusses the broader landscape of international human rights and humanitarian standards related to displacement, resettlement, and migration. It then considers immigration policy and practice and legal strategies for migration management and, following this, analyses the unique human rights issue presented by the potential for stateless persons from small island nations. The presentation concludes by identifying reforms proposed by international experts to help governments improve the law and practice related to climate change-related migration and displacement.

Michelle T. Leighton, L.L.M., J.D., is Associate Professor of law at American University of Central Asia, Bishkek, Kyrgyzstan, Deputy Director of the university’s new Tian Shan Policy Center, and former Fulbright Scholar in Kyrgyzstan. She is Munich Re Foundation Chair on Social Vulnerability for the UNU-Environment and Human Security Institute, Bonn, where she has co-organized a Summer Academy on impacts of climate disasters on human mobility for the past three years. She has advised various international institutions, including the IOM, FAO, UNEP, UNCCD, and U.S. Congressional Commission on Immigration Reform and served as a member of the German Marshall Fund’s Trans-Atlantic study team on climate-related migration. Her research interests include climate adaptation, migration, and human rights. Prior projects have included leading a GEF project in Chile, Mexico, and Brazil on socio-economic impacts of desertification and biodiversity loss to inform policy initiatives.

Nicole de Moor

Returning to a destructed environment: on the right and duty to returnThis paper attempts to initiate the discussion on return migration in relation to environment-induced mobility. It argues that our migration policy should not only address the needs of those displaced persons which are not able to return to their

country of origin, but also of those willing to, or being obliged to, return to an environment which is suffering from environmental disruptions. The right to freedom of movement provides the starting point for this analysis, including the right for any person to leave a country, as well as the right to return to his or her own country. The paper explores how a sustainable and durable return to the country of origin could be facilitated for environment-induced migrants. And for those persons for which returning to a destructed environment becomes a duty rather than a choice, the paper analyses States’ non-refoulement obligations in the context of deteriorating living conditions.

Nicole de Moor obtained the degree of Master of Laws, option National and International Public Law, at Ghent University in Belgium, and an LL.M. in International and European Law, option Public International Law, at the University of Amsterdam. After working as a legal advisor in immigration law at a Flemish expertise centre for migration, she started conducting Ph.D. research at the Department of Public International Law at Ghent University. Under the supervision of Prof. Dr. An Cliquet, she conducts research on environment-induced migration. More in particular, her research sets out to discuss different legal frameworks that might facilitate international migration as an adaptation strategy for communities affected by environmental degradation, focusing in particular on international environmental law and national and regional migration law and policy. From April to July 2010, Nicole also worked as an immigration advisor at the Office of the Belgian State Secretary for Migration and Asylum.

Mariya Gromilova

Right to development of people induced to displacement: is migration a fair adaptation strategy from the human rights perspective?

Continuous predictions that climate change will greatly accelerate human migration have brought to the fore the idea of relocating certain populations as a way to adapt to a changing environment. These discussions became so fashionable, that many scholars and politicians consider migration to be superior to mitigation and other adaptation strategies. At the same time, the strong emphasis on the human rights-based approach that has been proclaimed by the international community, places an obligation on policy-makers to consider human rights when deciding on adaptation strategies. Yet, migration from the perspective of those who will carry the burden of climate change may not constitute a viable and legitimate adaptation strategy, as it implicates the human rights of threatened communities. The accent on this issue might force politicians to consider human rights values more thoroughly, and to look at the respective limitations and barriers before starting to promote a certain adaptation strategy.

Mariya Gromilova is a PhD student at Tilburg University in the Department of European and International Public Law. Under the supervision of Professor Jonathan Verschuuren, she is currently working on the project which concerns ‘People displaced by climate change as an emerging and distinct category: the issue of protection under international law’. Before starting her PhD, Mariya has obtained a law degree in Tomsk State University in Russia, and then did the Master in Human Rights Law and the Research Master at Tilburg Law School. In February 2012 she has participated in the research project for the IUCN Commission on Environmental Law Guidelines for Biodiversity Adaptation Measures. Her most recent work is a chapter on ‘Climate adaptation and refugee law’ in co-authorship with Dr. Nicola Jägers, which is a contribution to the ‘Research Handbook on Climate Adaptation Law’ by Jonathan Verschuuren that will be published later this year.

Panel IV

Marion Noack

“Climate Refugees” Legal and policy responses to environmentally induced migrationThe links between environmental factors and migration as well as possible policy responses have received increasing attention both in academic and policy debates in the past decade. Recent studies have shown that these links are more complex than traditionally thought. In particular, the attention paid to mobility caused or influenced by environmental factors needs to be complemented by attention to mobility towards areas under environmental strain as well as to immobility in the context of environmental degradation. The role of migration and asylum policies is essentially limited. Nevertheless, they do have a role to play, but in particular in the context of environmentally induced displacement. Based on a recent study for the European Parliament, this paper focuses on the potential of the current European Union policy framework to respond to environmentally induced displacement. To this end, the paper develops a typology of environmentally induced migration and reviews possible policy responses debated on the global level, identifying environmentally induced displacement as the most relevant type of mobility in the context of environmental risk that can be addressed by migration and asylum policies. Finally, the paper reviews the European Union policy framework and national protection policies of EU member states (MS). While the current policy framework already allows accommodating environmentally induced displacement to some extent, the paper also shows several gaps and indicates possible directions how this framework can evolve.

Marion Noack holds a university degree in International Development studies with a focus on migration from the University of Vienna. After her studies, she worked for the Gesellschaft für International Zusammenarbeit (GIZ) and joined ICMPD in 2011 to work on several projects in the area of migration and development, first in Brussels, then in Vienna. She also co-authored the study “‘Climate refugees’. Legal and policy responses to environmentally induced

migration” published in 2011. Marion Noack is also experienced in working in non-governmental environments dealing with migrants and asylum seekers.

Emilie Kuijt

Protecting Environmentally Displaced Persons: A Human Right to Humanitarian Assistance in the Aftermath of Natural Disasters?Climate and environmental changes may result in natural disasters with severe consequences, like migration and displacement. In the aftermath of such humanitarian crises it is fundamental that the human rights of affected persons be protected. Humanitarian assistance plays a vital role in securing the fulfillment of a persons’ right to life, food, water and health. Yet, can the receipt of humanitarian assistance be considered a human right? Is there such a (human) ‘right to humanitarian assistance’, derived from these existing rights? And can the existence of a right to humanitarian assistance be claimed for persons affected by natural disasters? This paper addresses these questions and seeks to bring clarification to the law. Such clarification may aid in practice, and contribute to the survival of persons affected by climate and environmental changes, as firmly embedding humanitarian assistance in pre-existing human rights concepts will provide more protection and should enhance its acceptance.

Emilie Kuijt is a PhD-Fellow at the Grotius Centre for International Legal Studies of Leiden University, under the supervision of Professor N.J. Schrijver. Her Ph.D. research concentrates on the rights and obligations pertaining to the provision of humanitarian assistance in international law. Her areas of expertise and interest include general public international law, human rights law and humanitarian law. In addition to her Ph.D. research, she lectures in and coordinates Public International Law courses at Leiden University. She studied law at the University of Amsterdam and at the Columbia University School of Law in New York, obtaining her LL.M in Public International Law in 2007, and

her LL.M in Information Law in 2009. Emilie has gained experience in the field of international law during an internship with the Permanent Mission of the Netherlands to the UN (Human Rights Council) in Geneva and after her degree during her participation with the Defence Council of a case before the ICTY.

Calum TM Nicholson

The environmental change, migration and displacement debate: distinguishing analytic and normative frameworks and gaining critical distanceThe debate around environmental change, migration and displacement is notoriously chaotic. This paper will attempt to gain some much needed perspective on the issue-area. The paper will first account for the current interest in the topic by outlining its origins. Second, it will address the three prevalent misunderstandings in the field. Third, it will make the case that any meaningful discussion requires the establishment of a ‘threshold for sense’. Fourth, the paper will make the case that no discussion can pass this threshold. Fifth, the paper will account for the ontological contradiction apparent across the literature. Finally, and in light of the previous arguments, the paper will highlight an alternative approach to migration problems that circumvents the problems that are intrinsic to the field of environmental change, migration and displacement.

Calum TM Nicholson is conducting his PhD in the department of Geography at Swansea University, where he teaches on both undergraduate and master's courses. He has an MPhil in Migration Studies from St Antony's College, Oxford University, and a BA in Social Anthropology from Trinity College, Cambridge University. His thesis title is Liberal Democracy and Social Science in an Era of Equivocation: the elucidatory case of the 'environmental migration' debate.

Panel V

Sarah Nash

Forced migration norms in the context of climate change: a case study of SomaliaThis project looks at inherent difficulties in identification of forced migration due to climate change from broader migration patterns, particularly in conflict situations. This leads to a case study of Somalia, providing an example of a protracted refugee situation heavily influenced by ongoing conflict and severe drought linked to climate change taking place simultaneously. Evolving international forced migration norms, which are developing as these concepts and identification problems develop are considered. The question of the allocation of responsibility is addressed, examining the (potential) role of international actors and specifically whether the international human rights regime can or should play a significant role. Theory which explains the development of norms will be turned to, in order to facilitate this discussion, and the practices of actors will be evaluated against this theory. In particular, norms and practices of the Office of the United Nations High Commissioner for Refugees (UNHCR) will be utilised.

Sarah Nash holds a BA in Political Science from the University of Vienna (2010), an MA in German and Politics from the University of Edinburgh (2011) and an MSc in Human Rights and International Politics from the University of Glasgow (2012). She was also winner of the Russell Keat Dissertation Prize for Best Dissertation in Politics at the University of Edinburgh (2011). In 2012, Sarah co-authored a report on human rights considerations within the committees of the Scottish Parliament as part of the Glasgow Human Rights Network. Sarah also sits on governance for Amnesty International UK, in a position which she has held for the past 5 years, in addition to authoring a report on human rights-based policing in the Scottish context for the organisation in 2011. Currently working within the Scottish Parliament, Sarah plans to return to academia to begin work on a PhD next year.

Alice Baillat

A Critical Analysis of Security-Based Discourses on Climate-Induced Migration in Bangladesh: The Silent on Human RightsNational and international policy debates generally threat migration with fear, and often refers to climate-induced displacement in and from Bangladesh as a national, regional and international source of instability. Focusing on security and border control concerns, such debates have neglected to address the human rights implications of climate change for a long time. Indeed, despite the growing international attention, very few steps have been taken to develop human rights-based mechanisms that can ensure the protection needs of climate-induced migrants and those they left behind. However, climate change may undermine many fundamental rights such as the rights to home, to life, to property, to health, and so on. This paper argues that there is a need to reframe the policy debates about climate-induced migration from a traditional security perspective to a human rights one, in order to move forward in the development of effective right-based governance systems.

Alice Baillat began in October 2010 a PhD program in Political Science and International Relations at Sciences Po Paris, under the supervision of Dr. Catherine Wihtol de Wenden. She held in 2010 a Master in International Relations from the Sorbonne University in Paris (France). She is also a Visiting Researcher at the Center for Sustainable Development (CSD) based in Dhaka, Bangladesh. In September 2011, she begins to teach a course on Environment and International Relations at Sciences Po Paris (Undergraduate Program). Her research deals with environmental migration in Bangladesh and the related discursive practices over the last two decades. She analyses the production and evolution of discourses and their variable influence on perceptions and practices, depending on context and social authority of producers of those discourses. Thus, her PhD aims to address the “reality

effects” of ideas and the impacts of discursive practices on political action in Bangladesh.

Johannes Herbeck (co-author Silja Klepp)

Negotiating Climate Change and Migration in the European Union and the PacificGiven the apparent discrepancy between historically high greenhouse‐gas emissions by the OECD world and expected higher impacts of climate change in countries of the global South, debates on climate change and migration bear the potential of demanding recognition for people impacted by climate change and potentially forced to leave their homes. An increasing institutionalization of the debate offers new arenas of negotiation, in which struggles of ecological and post‐colonial justice are fought and new rights are negotiated. First, the paper analyzes policy papers of the European Union, concluding that up to date, environmental migration is mainly framed as extraterritorial development and security issue, thereby weakening links to ‘climate justice’ and human rights debates. Rather, the debate is easily connectable to the criticized tendency in European migration policy towards an increasingly externalized ‘migration management’, that facilitates ‘desirable’ migration and hands over the delicate prevention of ‘illegal’ migration to the responsibilities of third countries. Building on concepts of a ‘legal anthropology of emergence’, the paper then widens the view geographically and actor‐wise and discusses negotiation processes around migration strategies and new rights for ‘climate change refugees’ in Oceania. Here, the anticipation of rising sea‐levels has pushed forward debates about suitable ways in which the citizens of low‐lying atoll states could prepare for the future. Based on fieldwork in Kiribati and New Zealand, the article analyzes regional debates and already existing migration programs connected to climate change discourses, which often

feature a much clearer focus on human rights and climate justice.

Johannes Herbeck studied geography, political science and sociology in Munich and is a qualified geographer. His work experience includes an internship in Sri Lanka at the GIZ (Gesellschaft für Internationale Zusammenarbeit, formerly GTZ), an association for international co-operation, where he was involved in a project called „Food Security and Conflict Transformation“. Furthermore, he worked as a scientific assistant at the Leibniz Center for Tropical Marine Ecology (ZMT) in Bremen. Since 2008, Johannes Herbeck is a Junior Researcher and PHD student at the artec Research Centre for Sustainability Studies at the University of Bremen. His PhD thesis focuses on responses of humanitarian organisations to climate change using West Africa as an example. He is a member of the Society for Threatened Peoples (STP). His fields of research include political ecology and migration.

Silja Klepp is a social anthropologist and an Associate Scientist/Postdoc at the artec Research Centre for Sustainability Studies at the University of Bremen. Her field research experience includes countries such as Kiribati, Vanuatu, New Zealand, Italy, Libya, Malta, and Zambia. Her main interest is the design and realisation of innovative empirical research projects in emotionally charged and politically sensitive fields. In 2012, she won the Christiane Rajewsky Award of the German Association for Peace and Conflict Studies for her PhD on refugees and border control in the Mediterranean Sea. She is member of the German Young Academy of Scientists (Die Junge Akademie). Her fields of research include migration and refugees, European migration and border policies, climate change in the humanities, legal anthropology, political ecology and STS.

Michele Manocchi

From “real story” to “right story”: when one's own story must be silencedAfter an interview with a special Commission, the asylum seeker obtains a residence permit, and he can access forms of support provided. This model produces a rugged labelling process, in addition to the chronically under-sized system of support in Italy. The theme of relationship between asylum and climate changes is totally absent among institutions and NGOs. Many of the people I met during my fieldwork, came from Somalia and Sudan where there is a vicious circle among environmental disasters, social-political degradation, conflicts and displacement, but these aspects remain entirely in the shade. Besides, climate changes cannot be used as reason of asylum request during Commission interview. The asylum seeker adopts coping strategies to preserve his identity stability but also to pursue his targets. He learns the need to produce Sright stories, able to find a place in the conceptual horizon of the landing country.

Michele Manocchi earned a doctorate in Comparative Social Research from the University of Turin in 2010 (title of doctoral thesis: "Asylum seekers and refugees. The case of Turin (Italy). Paths of identity reconstruction") after graduating in Political Sciences from the University of Turin in 2005. His research interests focus on three main areas: social policies for asylum seekers and refugees; immigration and Italian welfare system changes; evaluation and monitoring of projects funded by European Fund for Refugees. In his research activities he primarily uses qualitative research techniques. Michele also holds courses in methodology of the social sciences at the Department of Cultures, Politics and Society and at the Faculty of Political Science, University of Turin. In the field of methodology his current interests are in the sociology and anthropology visual and the use of the video camera in focus group and participant observation.

Panel VI

Teresa Thorp

Constitutionalism of Climate Justice: Towards An International Legal Framework for Responding to Climate Induced Migration and DisplacementThis paper presents an extract from a much broader project on a uniform constitutional model of international climate law. The paper focuses on two main issues. First, the paper reviews the relevance of international environmental law to human mobility. Part 1 of the paper sets out the background and puts the issues of climate migration into a legal context. Next, the paper sets out a normative framework of rights for climate migrants. Part 2 shows how a unified constitutional model of legal principles of international climate law derived from the United Nations Framework Convention on Climate Change may guarantee and fulfil climate related migrant rights. In sum, a unified constitutional model of the legal principles of international climate law may establish a lex specialis framework applicable to international climate displacement. As a contribution to the current endeavour, the paper proposes a normative response that extends beyond individual human rights to incorporate the rights of all people whom may face climatic pestilence. In doing so, it may hold one of the reins to “climate justice” and an Ius Communes constitution of international climate law.

Teresa Thorp is a researcher in international climate law at Utrecht University, The Netherlands. She is based at the Institute for Constitutional and Administrative Law, Centre for Environmental Law and Policy/Netherlands Institute of the Law of the Sea, Faculty of Law, Economics and Governance. Teresa's professional career spans more than 20 years in international trade, investment and sustainable development law. She has qualifications in engineering, law, economics and business.

Ritumbra Manuvie

Climate Change and Human Rights: Role of Courts in the event of climate changeClimate change litigation is evidently proving to be a potential source for implementing tailored green-house-gas mitigation caps on industrial actors, however, judicial systems across the world has kept themselves at a safe distance from the climate change and human rights debate. The basic problem in determining the specific victims and perpetrator of climate change has remained the major challenge. With cases like Inuit people of Alaska and Kvelina people going to judicial and human rights forum, it is becoming evident that more and more people will take recourse of judiciary to seek compensation or to protect themselves of human rights violation due to climate change. While it is easier for designated indigenous populations to pursue the litigation successfully, it is unlikely that the global poor vulnerable to climate change can represent itself as a particular community in a civil litigation for compensation. On the other hand the power of judiciary to take cognizance of gross human rights violation is seriously crippled due to uncertainty in determining a particular victim and an offender directly related to each other and by the complex co-relation between cause and effect of climate change which is at times beyond ‘reasonable foreseeability’ as understood in legal terms. Through this paper the researcher propose to determine the potential role of judiciary in indicting state and non-state actors for climate change offences. The researcher will be analysing India judicial system due to country's high vulnerability to climate change and a prominent contribution of Indian judiciary in existing environmental jurisprudence. It is noteworthy that while Indian judiciary has many a times gone out of its way in upholding and ‘implementing’ human rights values and environmental sanctity, there has been no dedicated climate change litigation initiated in India so far.

Ritumbra Manuvie is a Ph.D candidate at the University of Edinburgh, School of Law. She is pursuing her research in the area of climate change and human rights. She is particularly keen at exploring the role of domestic judicial and non-judicial systems in India, USA and Europe to provide justice to victims of climate change. Towards her second year she wants to investigate the response of

domestic courts and National Human Rights authorities towards people facing special vulnerability due to climate change. She has been awarded a Commonwealth Ph.D Scholarship to conduct this research. Prior to Ph.D she has been an Assistant Professor at various Law Schools in India, teaching Environmental Law and International Law to undergraduate and postgraduate students.

Rosa Enn

The chance for Environmental Justice for the Indigenous Dao?In Taiwan, environmental changes are mostly caused by human intervention in nature. Indigenous peoples are particularly affected, as they primarily live in remote areas that are rich in natural resources and they often lack the same political, social, and civil rights as the majority population. This paper highlights the empowerment of the indigenous Tao who have had to deal with environmental injustice in terms of the exploitation of their homeland Orchid Island. The storage of radioactive waste without the locals’ approval and the overharvesting of flora and fauna had far reaching consequences on the Tao’s cultural and economic structures. With democratization and empowerment, the cessation of the delivery of nuclear waste barrels was achieved and compensation payments guaranteed. This again led to their strong dependency on the financial benefits and the avoidance of the establishment of an own economy. The presented PhD project elaborates strategies together with the Tao to approach environmental justice and to create new income sources in order to liberate the islanders from their dependency on monetary compensation.

Rosa Enn was born in 1981 in Salzburg, Austria. She is currently living in Vienna, Austria, where she is enrolled in a PhD program at the Institute of Social Anthropology, part of the University of Vienna. As part of those studies she also lived for an extensive period in Taipei, Taiwan, where she is a PhD Research Fellow at the Academia Sinica. Rosa Enn’s main interest and field of expertise are indigenous peoples,

especially with regard to their social, cultural, and legal positions within national and international discourses. In her doctoral thesis, she attempts to develop methods to approach environmental justice, working together with an indigenous community in Taiwan which faces ecological exploitation of their native territory by forcing a nuclear waste dumpsite on their home land. Beside her studies, she is currently working on a documentary movie about Taiwan’s indigenous peoples and their empowerment and writes a novel about her grandparents’ life.

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