Abstract:

The reasons for mass displacement in the world are not only wars but also famine, drought, flood, and air pollution due to climate crises. These changes and displacements create its own refugees; however, the legal status of climate refugees is being discussed and not clear still. Although the definition of climate change refugees is any person who, despite the circumstances they are exposed to, has had to leave their homes or countries due to the effects of severe climate events (Berchin, Valduga, Garcia & Guerra, 2017), still the concept of environmental refugees is not covered by the definition of refugee under the 1951 Geneva Convention on the Legal Status of Refugees (Scott, 2014). However, nowadays with the decision of United Nations Human Rights Committee on January, 2020 the legal status of these people started to be discussed despite the rejected application of Ioane Teitiota and his wife from the Republic of Kiribati. By applying New Zealand in 2013, he claimed that his and his family’s lives at risk because of the rising sea levels. This judgement -which is the first of its kind- opens the door to future protection claims for people whose lives and wellbeing have been threatened due to climate changes. The Committee by ruling that “without robust national and international efforts, the effects of climate change in receiving states may expose individuals to a violation of their rights under articles 6 or 7 of the Covenant, thereby triggering the non-refoulement obligations of sending states” has shown that the displacement of people from the climate crisis is now an issue of international mechanisms. Moreover, this decision creates re-definition of the non-refoulement principles of the states. The growing influence of environmental disasters will also affect Turkey because of its geographic location and no doubt it will face with such applications soon. Turkey, to recognize the right of individual petition to the UN Human Rights Committee should take measures in directly against the applications and Constitution (Article 90) in line with the fact that it cannot be claimed that the rules of international law are contrary to the Constitution, the necessary steps should be taken. Thus, it can be said that the United Nations agency has no serious preparations. However, Turkey who would be under effect of migration and drought within the surrounding countries should add the definition “climate migrants” into 6458 Foreigners and International Protection Law. Therefore, the preparation and adoption of new definition as climate migrants with their vital rights in terms of working, education and health need to be discussed. At least, both the United Nations and Turkey should make comprehensive study and regulations together in this regard.

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