As the US builds climate resilience into its migration strategy – we can’t forget the rights of those affected

Efforts to support people in climate adaptation and resilience don’t negate a responsibility to provide pathways to protection

Refugees and migrants cross the Rio Grande river in Roma, Texas (REUTERS)

Vice President Kamala Harris has talked about the need for climate resilience as part of multilateral initiative to tackle the root causes of migration and displacement from Central America. This is a welcome change. For decades, world governments have failed to uphold the rights of those displaced by the climate crisis.

However, as the US government seeks to centre the climate crisis in its conversations with regional governments, it must not sacrifice people’s rights, including the right to seek asylum, under the guise of climate adaptation and resilience.

The climate crisis is already a significant driver of human mobility from Central American countries such as Guatemala, Honduras, and El Salvador. The devastation wrought by the unprecedented back-to-back hurricanes Eta and Iota in 2020 aggravated poverty and inequalities in the affected areas and exacerbated the precarious conditions for people living in the “Dry Corridor’' of southern Mexico and Central America, already severely impacted by climate change. Covid-19 further stained already stretched social systems and means of support.

Climate change impacts are not the only reasons for people’s flight. Amnesty International has long documented the reasons people flee from Guatemala, El Salvador, and Honduras, seeking safety in the US: they are escaping gender-based violence, including against LGBT+ individuals; forced recruitment and targeted violence from gangs; and violence and lack of protection from police and security forces, to name a few.

In fact, people who experience displacement because of climate can be refugees. According to the UN High Commissioner for Refugees, under some circumstances protection claims made in the context of climate crisis or a disaster can qualify for refugee status. This is especially true for people who are already marginalized or at risk of human rights abuse.

As the US grapples with the impacts of the climate crisis in Central America, it must draw up plans based on human rights and humanitarian protection. Immigration deterrence and enforcement should not be shrouded in the guise of addressing climate change and other root causes.

The reported bilateral agreements with Mexico, Guatemala, and Honduras to increase border security, and the reported proposal to help train Guatemala’s border protection force, should not be efforts to hinder the ability to seek safety or close borders. Similarly, the reported US policy memo urging Mexico to implement enforcement measures to decrease the number of asylum-seekers and migrants trying to cross the US-Mexico should be fully repudiated.

As the US invests in much needed climate adaptation and resilience programs in the region, it must also ensure it provides pathways to protection for all those in need, including people affected by climate displacement. Of course, funding to address climate change and other root causes should not be spent on programs, activities, or institutions engaged in human rights violations and should be closely tied to continued efforts to combat corruption. And affected populations must be effectively involved in decision-making processes, including Indigenous Peoples and those who defend the environment.

No one wants to leave home without a choice, and every effort should be made to ensure people can live with dignity, safety, and security in their home countries. The US should support measures to help Central American governments develop and implement programs to uphold the rights and safety of internally displaced persons, who make up the majority of people displaced by climate change.

For those who are displaced across borders due to the climate crisis, the US can expand the use of temporary protected status (TPS) to prevent forced return in violation of the obligation of non-refoulement -- not returning an individual to a place where they would be at real risk of serious human rights harm, including because of the climate crisis. TPS was envisioned to provide safe haven to those whose home countries are gripped by environmental disaster, which as the science shows is inextricably linked to the climate crisis.

Because there are mixed drivers of displacement, the US should expand access to resettlement for Central Americans and the use of other safe and orderly pathways, such as humanitarian parole and visas. And the U.S. must ensure that people can access asylum at the US-Mexico border by immediately stopping the unlawful use of Title 42. Since March 2020, the U.S. has summarily expelled more than half-a-million families and individuals seeking protection under a US Centers for Disease Control and Prevention (CDC) order issued under Title 42 that even senior experts at CDC opposed.

“Stemming the flow of irregular migrants to the US’' won’t fix the impact of the climate crisis, but it will aggravate precarious situations for those suffering those impacts and violate human rights obligations. Efforts to address the root causes of irregular migration cannot and should not be a pretext for increased border control. The US must adopt a multi-pronged approach that reduces the likelihood and extent of climate-related displacement and still ensures protection for people who cannot return to their previous homes.

US efforts to support people in climate adaptation and resilience don’t negate its responsibility to provide pathways to protection. It is not an either/or scenario: both need to be centered in human rights, and if the US aims to lead on advancing human rights, it must shape its climate change and protection policies in mutually reinforcing ways. There are a variety of tools at hand, and now it’s in the US government’s hands to act.

Paul O'Brien is executive director of Amnesty International USA and Denise Bell is a researcher on refugee and migrant rights for Amnesty International USA