Environmental Refugees: The case of Ioane Teitiota against New Zealand

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Published: Jun 3, 2024
DOI: https://doi.org/10.12681/ethiki.37985
Keywords:
Environmental refugees; Environmental ethics; Climate change; Migration; Non-refoulement; Human rights; Kiribati; Asylum
Ioannis Ladas
Abstract

This article examines the landmark case of Ioane Teitiota, a citizen of the Republic of Kiribati who sought asylum in New Zealand. Teitiota argued that environmental degradation caused by climate change in his home island of Tarawa—specifically rising sea levels and land erosion—posed a direct threat to his life and the lives of his family members. The case highlights the limitations of the 1951 Refugee Convention, which currently does not recognize environmental factors as grounds for refugee status, focusing instead on persecution related to race, religion, or politics. Although Teitiota's claims were ultimately rejected by New Zealand's courts and the UN Human Rights Committee due to a lack of evidence regarding an "immediate" or "personal" threat, the case is considered a milestone. It established a global precedent by acknowledging that returning individuals to places where climate change threatens their right to life (the principle of non-refoulement) could, in the future, constitute a human rights violation. The author provides an ethical evaluation of the case, emphasizing the responsibility of developed nations and the need for a revised legal framework to protect the growing number of climate-displaced persons.

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