Climate Migration in South America – Is the Region Prepared for the New Migration Flows?

As a result of climate-induced more frequent and severe natural disasters, many are being forced to leave their homes. South America, with its history of natural disasters and inequality, faces a challenge. But are the countries of the continent prepared for this growing wave of climate migration? A comparison of the laws and international commitments of countries like Argentina, Brazil, and Peru may shed light on the overall level of readiness of the countries of the continent.

In 2024, it is undeniable that we live in a climate emergency scenario. Among the many consequences of this reality, climate migration and displacement are phenomena that affect people who, due to the increased frequency and intensification of natural disasters, are forced to move. In addition, despite everyone being subjected to the possibility of becoming a climate-displaced person, some are more vulnerable than others.

Climate Change and Migration

It is worth noting that economically and socially marginalized communities tend to be the most exposed and affected, such as people belonging to indigenous communities, native and black populations, women, children, and the elderly. Indeed, the preexisting economic and social vulnerabilities tend to lead these people to live in spaces that have less infrastructure and resilience to resist climate impacts, which makes them more likely to be forcibly displaced.

In this scenario, a question arises: Is South America prepared to deal with climate migration flows considering that the region has a high rate of natural disasters as well as a history of plunder and exploitation related to its colonial past?

To answer this question, a study was carried out considering the States of Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, and Uruguay. In addition to the comparison of how each state deals with climate migrants, an analysis of the existing normative measures of both international commitments and national legal measures and/or policies already adopted to protect climate-induced migrants (in force until December 2023) was done.

International Commitments

As a result, it was found that internationally, states have assumed a significant number of binding commitments on human rights issues that directly affect the lives of climate migrants, such as participation in the UN treaty bodies, the Paris Agreement, The Sendai Framework, The United Nations Framework Convention on Climate Change, the Organization of American States, the American Convention on Human Rights. Also, many South American countries have accepted the Inter-American Commission’s competence and consider climate migrants in their National Determined Contributions and in their National Adaptation Plan (NAP), which are considered binding.

An increasing number has also committed to non-binding measures that recognize and address the issue of climate migration, such as the Global Compact for Safe, Orderly, and Regular Migration, the Cartagena Declaration, MERCOSUR dispositions, and dispositions of the South American Conference on Migration.

National Measures

Internally, however, the level of commitment varies. Although six of the nine states studied have internal measures (laws or policies) that mention migrations induced by climate change, only four deal with the issue in a specific and detailed manner, that is, mentioning and providing some guidelines to be followed in these cases (Bolivia, Chile, Paraguay, and Peru). While specific rules for dealing with climate migration are limited, the region is consistent regarding policies that build resilience and ways to deal with environmental disasters, relocations, and emergencies.

Indeed, all states studied have some form of policy or law in place to protect people who find themselves in a vulnerable situation, to a greater or lesser extent. This type of subsidiary protection is essential to climate migrants, as the frequency and intensity of disasters tend to increase due to climate change.

Diverse Regulatory Frameworks

Based on the data collected, and on the metrics adopted, it can be concluded that the region has a diverse and significant regulatory framework that applies to climate migrants, in a way that considering both international and national approaches, most of the states are protective. When considered individually, some states are proven much more prepared to deal with climate migrants than others.

Peru, for instance, has accepted all international biding and non-binding measures, has a detailed approach to climate migration in its NAP, deals with climate migration in its law and has the provision of humanitarian assistance, which makes it the most protective state of the region.

Colombia, in turn, is considered the lowest in terms of normative protection, since it is not committed to all the regional international protection, does not have a specific law that recognizes this migration, nor does it have humanitarian protection.

The other two states that fall under the definition of low protection are Brazil and Chile, which is interesting since Chile does have a policy that relates to the issue of climate migration. This shows that, despite having specific measures, states might not provide a set of guarantees related to climate change that could effectively assist this migratory category.

Ecuador, for instance, does not have a very specific law that deals with climate migrants but has committed to a much vaster set of rights internationally and nationally that do protect those migrants, being more protective than the latter two.

Gaps in Protection for Climate Migrants

It is important to note that the legal approach, however, is not the only way of measuring legal protection in each country. The judiciary is also a key player in how norms and definitions are applied.  For this reason, a case law review was conducted on the judgments of the superior courts of each one of the states. However, although the terms “environmentally displaced persons” and “climate displaced persons” were mentioned in the higher courts, they were not debated, nor was there a decision concerning them until December 2023.

Despite the overall normative protection of climate migrants, it is not yet reflected in the jurisdictional system, since a litigation culture in the region regarding this subject is absent.

Marília Papaléo Gagliardi holds a master’s degree in public international law from the Law School of the University of São Paulo. Her research explores how climate change affects mobility processes in the Global South.

This blog post is based on Marília’s work selected to participate in the Neuchâtel Graduate Conference 2024.