Addressing climate-induced displacement in Bangladesh

Climate change is acknowledged as a critical factor in human migration around the world. It causes a significant amount of displacement in countries like Bangladesh. Bangladesh is situated in a very climate-vulnerable region- very prone to floods, cyclones, river erosion, sea-level rise, drought, and other climate-induced hazards. These environmental disasters cause displacement in our low-lying, and sometimes in high-lying areas too. For instance, in 2024 Feni district of Bangladesh experienced a flood, which displaced around 10,000 coastal people, after almost 5 decades due to climate change. This article will explore the institutional and legal responses to climate-induced migration within Bangladesh, focusing on the gaps and challenges that increase the sufferings of displaced persons. 

According to the United Nations, by 2050, approximately 13 million people will be displaced due to climate-induced events. The scenario of flood-prone and coastal areas can be a great case study for Bangladesh to measure the impact of climate change and related displacement in the country. Bangladesh is a frontline victim of climate change, being at the delta of the Bay of Bengal with numerous rivers. The maximum population of Bangladesh live in the disaster-prone areas or in places of environmental degradation, where people are getting displaced for slow-onset events like sea-level rise or salinisation.  

Despite this acute vulnerability, Bangladesh has not built a compact legal framework to acknowledge and address the needs of climate-induced displaced persons. The danger and risk of climate change are addressed by some laws and policies, such as the Disaster Management Act 2012 and the Bangladesh Climate Change Strategy and Action Plan 2009 (BCCSAP). Unfortunately, none of the law or policy recognise climate-induced displacement within their provision. Hence, the affected ones by the events of climate change cannot receive proper protection under the legal framework of Bangladesh. Due to this non-recognition by the laws, the displaced persons cannot access basic services as housing, health care, and education.

The new Climate Displacement Protection Act and other new policies or reforms should provide a legal framework for Bangladesh to protect climate-induced migrants and displaced persons, making Bangladesh a pioneer among South Asian nations in the pursuit. Only through incorporating inclusive, rights-based and sustainable protection mechanisms can Bangladesh reduce the negative impacts of climate-induced displacement to establish a better future for the vulnerable displaced persons or migrants.

This lack of law also works as a barrier to providing protection to climate-induced displaced persons through institutional coordination. Without a centralised body and coordination, concerned ministries of environment, housing and disaster management operate independently for the relocation and rehabilitation approaches towards the displaced persons. As an outcome, the displaced persons fall through the cracks by facing complications in getting the support they need. The legal vacuum is not only within the territory of Bangladesh; but it also extends to the broader international legal framework gaps. International refugee law as the 1951 Refugee Convention fails to include the refugees created by the climate-induced events. Similarly, international human rights law provides very narrow recourse of protection towards climate-induced migrants, displaced persons or refugees. With a light of hope, international environmental law has started to differentiate between climate change and climate change-induced migration or displacement very recently, but it lacks implementation and direct protection mechanisms for the displaced populations.

The displacement that happens through climate change does not only has an environmental dimension; it impacts socio-economic and gendered dimensions too. Several vulnerable groups, such as ethnic minorities, religious minorities, landless families, and women-led households, are disproportionately affected by climate change. Especially, women are at risk of gender-based violence, limited access to reproductive health and child marriage while transitioning into the displaced settings. The International Rescue Committee has found that child marriage has increased by up to 39% in Bangladesh after being affected by climate-induced displacement. In fact, this research further shows that Bangladeshi displaced women are facing 60% more gender-based violence in the displaced areas. Loss of livelihood due to land tenure increases displaced populations' sufferings and vulnerability, as they often lack financial resources to live. These gendered and social vulnerabilities are screaming to focus on the need for designated interventions to safeguard the marginalised groups related to climate change. Policy reforms and legal adoptions must incorporate provisions to acknowledge the specific needs of children, women, the elderly, ethnic communities, and religious minorities. And it must also uphold the dignity and rights of the displaced populations within Bangladesh. 

Moreover, to address the pressing challenges of climate-induced displacement and migration, several stakeholders of Bangladesh have suggested some policy responses aimed to protect the climate-induced displaced persons and migrants. The proposal of a Climate Displacement Protection Act is one of them, which would designate the rights and duties of the climate-induced displaced persons and migrants. It also aspires to find a legal framework for their rehabilitation, relocation and integration. 

This proposal includes: legal recognition of the Climate Induced Displaced Persons (CIDPs); access to employment, healthcare, housing, and education; approaches for community-based social protection and resettlement; and the establishment of Climate Migration Authority to monitor coordination and planning process of government agencies.

The National Climate Adaptation and Resilience Plan has also been suggested for Bangladesh's long-term scheme to include climate-induced displacement concerns into the national development strategies. Notably, these strategies still fail to include climate-induced migration issues within their frameworks. Compact legislative reformation or amendment is required to acknowledge the problem and solve it accordingly. Regional and international cooperation is required to address climate changed-related issues in Bangladesh and South Asia, considering the fact that climate change is a transboundary issue. South Asia shall come forward with the South Asian Compact on Climate Mobility to acknowledge climate-induced migration and foster cross-border coordination and burden sharing for climate-induced migrants or displaced persons.

This approach may: introduce definition for climate-induced migrants and migration; increase reciprocal acknowledgement of the protection process and displaced persons; introduce burden-sharing approaches and early warning mechanisms; and ensure regional insurance and funding plans to accelerate adaptation and migration efforts.

Global forums like the Platform on Disaster Displacement and the UN Global Compact for Migration shall be pursued by Bangladesh to lead the advocacy for stronger international protection for climate-induced migrants. This will also help Bangladesh to get the required support to safeguard the climate-induced migrants in Bangladesh by encouraging regional cooperation and stability. As the climate is changing drastically, Bangladesh will face several displacement crises in the near future, especially in the coastal and flood-prone areas. Hence, it should focus on enacting laws and plan immediate policy reforms to acknowledge the rights of displaced persons by increasing institutional coordination and including climate migration issues into national development strategies. Regional cooperation and international support will be necessary to ensure that climate-induced migration is handled comprehensively, and such populations are treated with rights, dignity and respect. The new Climate Displacement Protection Act and other new policies or reforms should provide a legal framework for Bangladesh to protect climate-induced migrants and displaced persons, making Bangladesh a pioneer among South Asian nations in the pursuit. Only through incorporating inclusive, rights-based and sustainable protection mechanisms can Bangladesh reduce the negative impacts of climate-induced displacement to establish a better future for the vulnerable displaced persons or migrants.

The writer is Assistant Professor (Law), Bangladesh University.