Embracing Soft Law Instruments as a Foundation for the Protection of the Rights of Climate Refugees

DAGADU, DUNEE & MCDAVE: Embracing Soft Law Instruments as a Foundation for the Protection ofthe Rights of Climate Refugees184 | P a g eEMBRACING SOFT LAW INSTRUMENTS AS A FOUNDATION FOR THE PROTECTIONOF THE RIGHTS OF CLIMATE REFUGEES***

AbstractThe unrivalled consequences of climate change have led to population displacement and relocation,creating a new category of individuals known as climate refugees. These individuals face uniquechallenges in terms of legal protection, as current international legal frameworks primarily focus onpolitical or conflict displacement. Soft law instruments offer a potential basis for protecting climaterefugees. This paper examines potential ways by which legal and normative frameworks can beemployed to protect the rights of climate refugees. The paper contended that greater emphasis shouldbe placed on developing soft law, rather than attempting to integrate individuals displaced by climatechange into current legal framework. This paper also asserts that while soft rules enhance internationalcooperation, and may serve as a precursor to more binding legal frameworks in the future, they are notenough; binding legal systems are ultimately necessary to guarantee comprehensive and enforceableprotection for climate refugees.Keywords: Climate Refugees, Soft Laws, Legal Protection, Forced Displacement, Climate Change,International Law.1. IntroductionOne major consequence of climate change is forced migration, as people are compelled to leave theirhomes due to the unfavourable effects of changing weather patterns, rising sea levels, and otherenvironmental factors. The link between climate change and forced migration is complex and varied.As the earth's climate warms, extreme weather events such as hurricanes, droughts, and floods increasein frequency and intensity.1 These events cause immediate demolition and loss of life, damage vitalinfrastructure, disrupt livelihoods, and make previously useable areas uninhabitable. In some cases,entire communities are displaced, and people are left with no choice but to leave their homes.2 Sealevel rise, which poses a serious threat to low-lying coastal areas and Islands are one of the majorbreeding grounds for climate refugees. As polar ice caps melt and ocean temperatures rise, coastalerosion and subsidence become a harsh reality for many communities.3 In some cases, entire islandsdisappear beneath the waves, leaving their inhabitants no choice but to migrate. Pacific island nationssuch as Tuvalu and Kiribati are particularly vulnerable to this phenomenon and have already begunplanning for the eventual relocation of many of their populations.4In addition to the immediate effects of extreme weather conditions and sea level rise, climate changealso leads to gradual environmental changes affecting agricultural systems and water availability.5 Thisforces individuals and families to seek better living conditions elsewhere, leading to internal and cross-*DAGADU, Prince Palmer, Ph.D., Research Institute of Environmental Law, School of Law, Wuhan University,China.Affiliate, Refugee Law Initiative, School of Advanced Study, University of London.Email:palmerdag@whu.edu.cn.**DUNEE, Donatus, Ph.D. Candidate, Research Institute of Environmental Law, School of Law, Wuhan University, China.Email: donatusdunee@gmail.com.***MCDAVE Kujo Elias, LLB, BL, LLM, Corresponding author, Former Dean, Faculty of Law, University of CapeCoast, Ghana. Email: mcdaveap@yahoo.com.1B Indrajit & S Harjeet, Roadmap to a Framework for the Protection of Climate Migrants Discussion Paper’, Action Aid, 2.472-473. (2012).2WN, Adger, Vulnerability. Global Environmental Change, 16(3), 268-281. (2006).3 International Institute for Democracy and Electoral Assistance, The Global State of Democracy (2021).4J Barnett, Dangerous climate change in the Pacific Islands: Food production and food security. Regional EnvironmentalChange, 11(1), 229-237. (2011).5T Afifi and J Jäger, From conflict to resilience: Exploring the potential of nature-based solutions in contexts of climate andconflict. Disasters, 34(S1), S1-S18. (2010).NAUJILJ 16 (1) 2025185 | P a g eborder forced migration. Forced migration due to climate change is not limited to developing countries.In recent years, we have seen rearrangement in countries like the U.S., where hurricanes and wildfireshave destroyed communities and caused population displacement. Hurricane Katrina, which struck theGulf Coast in 2005, displaced hundreds of thousands of people, and many never returned home.Similarly, recent wildfires in California have forced thousands of households to seek shelter elsewhere,abandoning burned communities.6The impact of climate change on forced migration extends beyond the immediate displacement ofpeople. Migration itself can cause a variety of social, economic and political challenges.7 Displacedpeople often face difficulties obtaining alternative income, accessing essential services such as healthand education, and integrating into new communities. Addressing climate-driven forced migrationrequires a multi-pronged approach addressing the root causes of climate change and migration effortsto reduce greenhouse gas emissions and adaptation to a changing climate is essential to ensure the longterm and vital sustainability of vulnerable communities, so that strategies and resources can bedeveloped to cope with the impacts and provide good living conditions.8 Climate change is a censoriousdriver of forced migration. Its impacts, ranging from uttermost weather events and rising sea levels tomoderate changes in environmental conditions, push people to leave their homes and seek refugeelsewhere. Addressing the composite challenges posed by climate-induced forced migration requires acomprehensive approach that considers both mitigation and adaptation strategies, while alsoconsidering the social, economic, and political implications of population movement.9 We caneffectively respond to this growing crisis through collective action and global cooperation.2. Unique Challenges Faced by Climate RefugeesLike traditional refugees, climate refugees face unique challenges that demand immediate attention andaction. The legal ambiguity surrounding their status, social and cultural integration issues, loss oftraditional livelihoods, lack of access to housing and essential services, discrimination, and insufficientlong-term solutions are some of the significant hurdles faced by climate refugees. The internationalcommunity must collectively work towards recognizing and addressing the distinctive needs of climaterefugees, providing them with the necessary support, protection, and resources to ensure their wellbeing and dignity. Only through this unified effort can we alleviate the suffering of climate refugeesand ensure a more sustainable future for all. Land degradation is another factor that leads to climateinduced migration. Changes in rainfall patterns, prolonged droughts, and the depletion of naturalresources can make agricultural land unproductive. This situation threatens food security and forcesrural populations to migrate to urban centres in search of alternative livelihoods. Regions such as subSaharan Africa, Central America, and Southeast Asia are particularly vulnerable to this form ofmigration due to their heavy reliance on agriculture. Patterns of climate-induced migration varydepending on the specific circumstances and geographical location. Internal migration is one prevalentpattern, where people proceed to the confines of their own countries to escape the impacts of climatechange.This migration often leads to overcrowded slums and informal settlements in urban areas, putting astrain on infrastructure and resources. The high concentration of people in these cities also increases therisk of disease outbreaks and social unrest. Cross-border migration is another pattern that arises as a6A, Baldwin, Environmental refugees: The power of international law in the era of climate change. Routledge. (2016).7 Ibid.8 New York Declaration for Refugees and Migrants (2016), https://www.unhcr.org/what-we-do/protect-human-rights/asylumand-migration/new-york-declaration-refugees-and-migrants. Accessed 12 Dec 2024.9A Betts & M Jones, ‘The Brexit and Trump effects: How Populist Leaders Impact on Climate Governance’. GlobalEnvironmental Politics, 18(4), 101-108. (2018).DAGADU, DUNEE & MCDAVE: Embracing Soft Law Instruments as a Foundation for the Protection ofthe Rights of Climate Refugees186 | P a g eresult of climate change.10 People who are ousted, ascribable to climate-related factors, often seekrefuge in neighbouring countries. These can lead to strained relations between countries, incrediblywhen resources are limited. For example, the influx of Syrian refugees into countries like Turkey andLebanon, due in part to prolonged droughts linked to climate change, has put a substantial burden onthese nations' infrastructure and economy.The most important primary challenge confronted by climate refugees is the legal ambiguitysurrounding their status. International law does not currently recognize climate refugees as a distinctcategory, leaving them without the legal protection and rights granted to traditional refugees. Theabsence of clear definitions and legal frameworks creates uncertainty, making it difficult for climaterefugees to access essential services and resources.11 This legal gap must be addressed urgently to ensurethat climate refugees get the assistance and protection they need. Climate refugees often find themselvesin unfamiliar environments and face cultural, social, and linguistic barriers. They are forced to integrateinto already stretched communities in terms of resources and services. This integration challenge canlead to social tensions and conflicts, exacerbating the already dire situation for these individuals.Communities that are unprepared for large influxes of refugees may lack the appropriate infrastructure,healthcare facilities, and educational resources to support them adequately. This burdens the localpopulation and government efforts to provide for the needs of climate refugees and the host community.Another unique challenge that climate refugees face is the loss of their traditional livelihoods. Manyclimate refugees come from agricultural or coastal communities that depend on the environment forsustenance. However, climate change disrupts these livelihoods by destroying crops, depleting fishstocks, and rendering lands uninhabitable. As a result, climate refugees often have to abandon theirtraditional ways of life and adapt to new circumstances. This transition can be incredibly challenging,as the skills and knowledge they have built over generations become obsolete, and they struggle to findalternative means of employment and income generation in areas heavily impacted by climate change.Climate refugees frequently lack access to adequate housing and essential services, such as clean waterand sanitation facilities. Without proper infrastructure, they are at a higher risk of contracting infectiousdiseases, suffering from malnutrition, and experiencing other health-related issues.Furthermore, as climate change intensifies, these challenges will only increase, posing a significantthreat to the well-being and survival of climate refugees. Climate refugees often face discrimination andstigmatization in their new communities. They are sometimes perceived as a burden, with localpopulations blaming them for situating auxiliary strain on hitherto finite resources. The lack of empathyand understanding can lead to marginalization and exclusion, further exacerbating the challenges facedby climate refugees. Addressing these societal biases and fostering acceptance and integration is crucialto ensure a more inclusive and supportive environment for climate refugees. Finally, the long-termsolutions for climate refugees remain insufficient and inadequate. While some efforts exist to supportimmediate humanitarian needs, there is a lack of comprehensive strategies and policies to address thelong-term challenges climate refugees face. Collaboration between governments, internationalorganizations, and civil society is necessary to develop sustainable solutions that encompass climateswap mitigation, cataclysm risk decreasing, and adaptation measures. Acknowledging theinterconnectedness of climate change, poverty, and displacement is crucial to effectively addressing thechallenges faced by climate refugees.10 Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexicoand Panama, adopted November 1984, available at:http://www.oas.org/dil/1984_cartagena_declaration_on_refugees.pdfAccessed on 12 Dec 202411Supra.NAUJILJ 16 (1) 2025187 | P a g eIt is worth noting that the collision of climate persuades resettling are not evenly distributed rightthrough the world. Countries which often have limited resources and infrastructure are highlyendangered by climate change. These countries face numerous challenges, such as poverty, politicalinstability, and weak governance. The additional burden of climate-induced migration exacerbates theseissues and makes it even more difficult for them to adapt and respond effectively. Addressing the causesand patterns of climate-induced migration requires a multifaceted approach. First and foremost,decreasing greenhouse gas outflow to alleviate the effects of climate change is crucial.12The international community must collaborate to implement sustainable practices and support thetransition to clean energy sources. Additionally, investing in climate-resilient infrastructure, disasterpreparedness, and early warning systems can help communities adapt and minimize migration needs.Supporting policies that promote inclusive and sustainable development in vulnerable regions can helpreduce the drivers of climate-induced migration. This includes providing an approach to education,healthcare, and employment chances, especially in rural areas. Strengthening the resilience ofagricultural systems and promoting sustainable farming practices can also significantly prevent landdegradation and subsequent migration. Climate-induced migration is a complex issue influenced byvarious factors, which include increased sea levels, extreme weather events, and land degradation. Thepatterns of this migration range from internal movements within countries to cross-border flows, withdeveloping nations being disproportionately impacted. Addressing this issue requires a holisticapproach involving mitigation efforts, adaptation strategies, and long-term solutions to promoteinclusive and sustainable development. We can effectively manage the challenges posed by climateinduced migration through global cooperation and concerted effort.3. Preserving the Right and Dignity of Climate RefugeesThese solitaries, known as climate refugees, are among the most endangered populations on our planet,and we must prioritize their protection. The significance of preserving the rights of climate refugees liesin the fact that they are innocent casualties of a problem they did not cause. These people are notaccountable for the greenhouse gas outflow driving climate change, yet they breathe impact of itsconsequences. By protecting their safety and well-being, we acknowledge our shared responsibility toaddress the root causes of climate change and alleviate its effects.One important reason for protecting climate refugees is to comply with human rights principles. TheUniversal Declaration of Human Rights recognizes the individual’s right to life, liberty and security,the right to adequate housing, and the right to seek and enjoy asylum from persecution13. Climaterefugees often face violations of these fundamental rights when they are forced to leave their homesdue to climate-related disasters. By protecting them, we follow these human rights principles and protecttheir dignity and well-being. Protecting climate refugees is crucial for maintaining global stability andsecurity. As more and more communities are displaced by climate change, competition for resources,including land, water, and food, will intensify. This can lead to conflicts and tensions between hostcommunities and displaced populations. By providing protection and support to climate refugees, wecan mitigate these potential conflicts and promote peace and stability in the regions affected by climateinduced displacement. Protecting climate refugees is essential for achieving sustainable developmentgoals. The United Nations' Sustainable Development Goals (SDGs), which aim to end poverty, reduce12WL Filho et al, Assessing Causes and Implications of Climate-Induced Migration in Kenya and Ethiopia (2023),Environmental Science & Policy, Vol 150.13 Universal Declaration of Human Rights, https://www.un.org/en/about-us/universal-declaration-of-human-rightsAccessedon 2 Jan 2025DAGADU, DUNEE & MCDAVE: Embracing Soft Law Instruments as a Foundation for the Protection ofthe Rights of Climate Refugees188 | P a g einequality, and protect the planet, cannot be achieved without addressing the needs of climaterefugees.14 Displaced populations are often trapped in cycles of poverty and vulnerability, lackingaccess to essential services such as healthcare, education, and clean water.By protecting climate refugees, we can ensure they have the necessary resources and opportunities tothrive and contribute to sustainable development efforts. Protecting climate refugees is a matter ofglobal solidarity and justice. The impacts of climate change are unevenly distributed, with the mostvulnerable communities, often located in low-income countries, bearing the most significant burden.Developed countries, which have historically contributed the most to greenhouse gas emissions, have amoral obligation to assist and protect those affected by climate change. By supporting climate refugees,we can fulfil this obligation and demonstrate our commitment to global justice and solidarity. Thesignificance of protecting climate refugees cannot be overstated; by prioritizing their safety, well-being,and human rights, we are addressing the injustices of climate change, promoting global stability andsecurity, advancing sustainable development, and fostering global solidarity. As the impacts of climatechange continue to worsen, we must mobilize resources and take collective action to protect and supportthose most affected by its consequences.4. Historical Examples of Successful Soft Law ImplementationNumerous successful examples of soft law implementation have led to meaningful change. This essaywill discuss some prominent historical cases demonstrating successful soft law implementation15. Onenotable instance of soft law implementation is the Universal Declaration of Human Rights (UDHR),which the United Nations General Assembly adopted in 1948.16 While the UDHR is not legally binding,it has performed a pivotal role in creating international human rights calibre across the globe. Manycountries have incorporated its principles into their domestic legislation, and it has been cited incountless court decisions.17 The UDHR's soft law nature allowed it to garner widespread acceptance,leading to significant advancements in human rights protections.18Another successful example is the Montreal Protocol on substances that exhaust the ozone layer.Negotiated in 1987, this international agreement intended to stop producing and consuming of materialknown to deplete the ozone layer, such as chlorofluorocarbons (CFCs).19 With combination of scientificevidence and collaborative efforts, the Montreal Protocol achieved remarkable success in reducing theuse of such substances. By 2019, over 99% of the controlled substances were phased out globally,leading to a significant ozone layer recovery. The voluntary commitments and cooperative spiritdemonstrated by states, industries, and civil society within the soft law framework facilitated thisoutstanding environmental achievement. The Kimberley Process Certification Scheme provides anotherexample of successful soft law implementation. Established in 2003, this initiative was designed toprevent the trade of conflict diamonds, which fuel armed conflicts in several African countries. The softlaw nature of the Kimberley Process allowed for flexibility and adaptability in its implementation,facilitating cooperation among governments, industry, and civil society. By creating a certification14 Foresight, ‘Migration and Global Environmental Change: Future Challenges and Opportunities’, The Government Office forScience, London (2011); Benoit Mayer and François Crepeau, ‘Introduction’, in Benoît Mayer and François Crepeau (eds),Research Handbook on Climate Change, Migration and the Law, Edward Elgar (2017).15G Kibreab, ‘Environmental Causes and Impact of Refugee Movements: A Critique of the Current Debate’. Disasters, 24(1),20-38. (2000).16Universal Declaration of Human Rights, https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf accessed 20 Jan 2025.17M Leighton & M O'Connell M, Beyond the headlines: Climate change and migration in a shifting global order. MigrationPolicy Institute. (2016).18 Ibid.19 The United States’ export-control obligations are codified in the Arms Export Control Act, 22 USC § 2778 and theInternational Traffic in Arms Regulations, 22 CFR § 120-30 (2008).NAUJILJ 16 (1) 2025189 | P a g escheme and strengthening transparency and accountability, the international diamond trade hassignificantly reduced the flow of conflict diamonds to the global market.20The Paris Agreement on climate change represents an ongoing example of successful soft lawimplementation in combating global warming. Adopted in 2015, this contract wants to limit the increasein global norm temperature to good below 2 degrees Celsius over pre-industrial levels21. While the ParisAgreement's targets are not legally binding, its strength lies in its inclusivity and the commitment itgenerates from signatory parties.22 Although challenges remain in the implementation of the agreement,its ability to unite countries in addressing climate change demonstrates the power of soft law in drivingcollective action. Within the realm of international dealing, the World Trade Organization (WTO)provides an example of successful soft law governance23. Though not legally binding, the WTO'sagreements and principles, have shaped global trade norms and resolved disputes among its memberstates. The most notable case is the WTO's General Agreement on Tariffs and Trade (GATT), whichassists in decreasing trade hurdles and fostering economic widening and development worldwide.Adopting and adhering to soft law within the WTO framework have enabled free trade while providinga mechanism for handling disagreements through a dispute settlement system. These historicalexamples illustrate the successful implementation of soft law in various contexts. From human rightsto environmental protection and international trade, soft law is crucial in shaping behaviour, norms, andinternational cooperation. The voluntary nature of soft law allows for flexibility, adaptability, andinclusivity, fostering collaboration among states, organizations, and individuals. Though non-binding,soft law can lead to meaningful change if widely adopted and supported.5. Case studies: Examining Countries and Regions Addressing Climate Refugees through SoftLawsIn response to climate-induced displacement, many countries and regions have taken steps to accept thechallenges climate refugees face by implementing laws that aim to protect and integrate them.24 Thesecase studies examine the efforts made by countries and regions in addressing climate refugees throughthe use of laws emphasizing the importance of this approach in providing a comprehensive frameworkfor tackling this critical issue. The following case studies explore how countries and regions haveutilized soft laws to address climate refugees effectively.25The Pacific Islands Forum (PIF) is a diplomatic international organization of 18-member countries,including some of the most unsafe nations to climate change. These countries, notably small islandstates, face severe environmental challenges, including rising sea levels, devastating storms, and coastalerosion. In response to the urgent need to address climate refugees, the PIF adopted the Boe Declarationon Regional Security in 2018.26 This soft law document acknowledges the relationship between climatechange and security, recognizing climate displacement as a pressing regional concern. It emphasizes20S Lonergan, Climate change and forced migration: Observations, projections, and implications. Human Ecology Review,20(2), 123-136. (2014).21SF Martin & S Weerasinghe, ‘Protecting Climate Refugees: The Case for a Global Protocol.’ Georgetown Journal ofInternational Affairs, 18(2), 56-65. (2017).22Where multiple states have an incentive to enforce an obligation, imposing retaliatory sanctions also suffers from a collectiveaction problem. The sanctions are a public good, and thus each state has an incentive to hold back enforcement, hoping otherstates will bear the cost that produces the collective benefit.23 R McLeman & B Smit, ‘Migration as an Adaptation to Climate Change.’ Climatic Change,76(1-2), 31-53. (2006).24 International Covenant on Civil and Political Rights and Optional Protocol, General Assembly Res No 2200Supp No 16 at52, 59, UN Doc A/6316 (1966) (entered into force Mar 23, 1976) ("ICCPR").25C, McMichael et al, An ill wind? Climate change, migration, and health. Environmental Health Perspectives, 120(5), 646-654. (2012).26 The Boe Declaration on Regional Security https://pacificsecurity.net/wp-content/uploads/2021/02/Boe- Declaration-onRegional-Security.pdfAccessed 20 Jan 2025.DAGADU, DUNEE & MCDAVE: Embracing Soft Law Instruments as a Foundation for the Protection ofthe Rights of Climate Refugees190 | P a g ethe need for international cooperation to mark the challenges faced by climate refugees and calls for thedevelopment of comprehensive policies that address their protection, relocation, and integration.27 TheEuropean Union (EU) also recognized the importance of soft laws in addressing climate refugees. TheEU's response to climate-induced migration has been shaped by its allegiance to human rights and theprotection of vulnerable populations. In 2017, the European Commission issued guidance recognizingclimate change as a chauffeur of migration and emphasizing that they require a comprehensive andrational approach within the framework of existing legal instruments. The guidance highlights theimportance of integrating climate change considerations into migration policies while ensuring therespect for human right and protecting those displaced by climate change impacts.28 New Zealand, beingconcretely susceptible to the outcomes of climate change, has adopted soft laws to address climaterefugees within its borders.In recognition of the urgent need for action, the New Zealand Climate Change Conversion TechnicalWorking Group was established in 2018. This working group, comprised of experts from varioussectors, was tasked with developing guidance on addressing managed retreat and climate change-relateddisplacement. The resulting report provided recommendations to policymakers, emphasizing theimportance of community engagement, adaptive planning, and relocation strategies to ensure theprotection and well-being of climate-affected communities. The above instances demonstrated thesignificant role that soft laws play in addressing the challenges facedby climate refugees. By providinga flexible framework for cooperation and emphasizing the importance of collaboration, soft laws allowcountries and regions to develop practical and context-specific solutions for protecting and integratingclimate refugees. In an era of increasing climate change impacts, countries and regional organizationsmust adopt and strengthen soft law instruments in addressing climate refugees, and ensuring thecomprehensive protection of the most vulnerable populations29.6. Stakeholder Perspective: Roles of Governments, NGOs, and International OrganizationsIn today's interconnected world, the bit part of governments, non-governmental organizations (NGOs),and international organizations has become increasingly significant. These entities are pivotal inshaping policies, addressing societal issues, and promoting global cooperation. Although each grouphas unique perspectives and approaches, they all share a common goal of working towards improvingsociety. Governments hold a critical position in any country, being responsible for their citizens ‘overallgovernance and welfare. Governments can enact policies, laws, and regulations that affect every aspectof people's lives, from education and healthcare to security and economic development. The views ofgovernments are closely tied to the interests and priorities of the nation they represent. Governmentsview themselves as the primary driving force behind socioeconomic development, ensuring theircitizens’ stability, security, and prosperity.30 They assume the responsibility of protecting nationalinterests, promoting economic growth, and advancing diplomatic relations. Governments oftenprioritize domestic matters, such as poverty reduction, job creation, and improving living standards, toenhance the quality of life for their citizens.31 While governments have the authority and resources to27 J Milner & G Loescher, ‘Protracted Refugee Situations. Global Governance: A Review of Multilateralism and InternationalOrganizations’, 17(2), 143-160. (2011).28 In the Committee's case, it is its own jurisdiction that most immediately effects the delegation. Simply creating a tribunal,after all, does not allow it to pronounce legal rules; a tribunal requires jurisdiction. Broadening (or contracting) a tribunal'sjurisdiction is thus a way to expand (or limit) a tribunal's ability to make international Common law.29C Mortreux & J Barnett, Climate change, migration and adaptation in Funafuti, Tuvalu. Global Environmental Change,19(1), 105-112. (2009).30 Office for the United Nations High Commissioner for Human Rights, Status of Ratification of the Principal InternationalHuman Rights Treaties.31Ibid.NAUJILJ 16 (1) 2025191 | P a g eaddress societal challenges, they often recognize the need for collaboration with NGOs and internationalorganizations32.NGOs are non-profit, voluntary organizations that operate independently from governments and worktowards addressing specific causes or social issues. NGOs, driven by their missions and values, seek toinfluence policies, raise awareness, and advocate for the underprivileged and marginalized. NGOs havea unique perspective as they strive to complement and sometimes even challenge government actions.They often work at the grassroots level, directly engaging with local communities and gaining a deepunderstanding of their needs33. NGOs view governments as crucial partners in achieving social changewhile acting as watchdogs, holding them accountable for their actions. From an NGO's standpoint,governments should be more transparent and accountable for their policies.34 NGOs often criticizegovernments for their slow response to issues, lack of adequate resources forsocial programs, and theoccasional prioritization of political interests over social welfare. They aim to bridge the gaps in areaswhere governments may fall short, ensuring that the most vulnerable populations are not left behind inpolicy implementations.On the other hand, international organizations play a crucial role in fostering global cooperation,coordination, and peace. These organizations, such as the United Nations, World Bank, and WorldHealth Organization, bring together governments worldwide to address common challenges, promotedialogue, and formulate global agreements. International organizations approach societal issues from abroader, global perspective, recognizing that many problems transcend national borders. Theseorganizations seek to create a harmonious balance between global interests and national priorities bynegotiations and providing a platform for cooperation. The views of international organizations oftenalign with those of NGOs, as both share a commitment to human rights, sustainable development, andpoverty alleviation. International organizations advocate for more equitable distribution of resources,providing financial aid, technical expertise, and guidance to governments and NGOs in pursuit of thesegoals.Critics argued that international organizations sometimes have limited direct impact on the ground.They are accused of being bureaucratic, detached from local realities, and too heavily influenced bypowerful member states. However, supporters argue that international organizations catalyse change,facilitating the exchange of ideas, resources, and best practices between governments and NGOsworldwide. Governments, NGOs, and international organizations have different perspectives, roles, andpriorities. Governments prioritize national interests and socioeconomic development, while NGOsadvocate for marginalized communities and monitor government actions. International organizationsstrive for global cooperation and collaboration to address common challenges. Although their viewsmay differ, these entities ultimately seek to improve the good health of solitary, communities, and theworld altogether. By working together, governments, NGOs, and international organizations canenhance their collective impact and create a more just and sustainable future for protecting climaterefugees.32 Nicholas Toonen v Australia, Communication No 488/1992, UN Doc CCPR/C/50/D/488/1992 7.8 (1994), available inICCPR." Selected Decisions of the Human Rights Committee under the Optional Protocol, Vol 5, UN Doc CCPR/C/OP/5/133(2005).33N Myers & J Kent J, ‘Environmental Exodus: An Emergent Crisis in the Global Arena.’ The Environmental Professional,17(2), 161-169. (1995).34Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, UN GAOR Hum Rts Commn, 53dSess, UN Doc CCPR/C/79/Add 50 (1995).DAGADU, DUNEE & MCDAVE: Embracing Soft Law Instruments as a Foundation for the Protection ofthe Rights of Climate Refugees192 | P a g e7. Public Perception and Advocacy: Bridging the Gap between Organizations and the PeopleIn today’s fast-paced world, public belief plays an important role in shaping institutional wealth. Publicbelieve can make or break success for companies, non-profits, or government agencies. Furthermore,public opinion also has a significant impact on advocacy efforts. As a result, organizations recognizethe need to make their approach more human and engage with the people they serve to create a senseof belonging and meaning. We explored the importance of public ideas, recommended roles, andstrategies to bridge the gap between institutions and society as a whole to find a lasting solution to theprotection of climate refugees.7.1. Understanding Public PerceptionPublic opinion means that individuals interpret and make judgments about an organization based onvarious information including, personal experience, media and word of mouth, including the collectiveknowledge, opinions and attitudes of a group of people about this organization. The level of awarenessand understanding of climate change and its impact on displacement can influence public perception.Those who are well-informed about the issue may view soft laws as a necessary step in addressing therights and needs of climate refugees. Soft laws often operate within an international framework,involving cooperation among countries and institutions. The perception of whether such cooperation iseffective and trustworthy can influence how soft laws for climate refugees are perceived. Scepticismtowards international cooperation, such as concerns about sovereignty or insufficient enforcementmechanisms, may shape negative perceptions of soft laws. The public's attitude towards caring forvulnerable populations, including climate refugees, can also shape perceptions of soft laws as afoundation for their protection. Those who prioritize humanitarian concerns and see climate refugeesas deserving of assistance may view soft laws as a positive step. Climate-induced displacement canhave economic consequences for affected communities and the receiving areas. Concerns about theeconomic burden of supporting climate refugees, or fears of competition for resources and jobs, caninfluence public perception of soft laws in this context.7.2. The Role of AdvocacyAdvocacy plays a crucial role in public insight management. Advocacy refers to the act of activelysupporting a cause, position, or point to affect public belief and decision-making. Practical advocacyefforts can shape public insight by raising awareness, educating the public, and mobilizing support fora particular cause. Whether it's advocating for social justice, environmental unceasing, or healthcarereform, adept advocates help drive public sentiment in a direction that benefits their cause. Advocacyplays a crucial role in promoting the rights and well-being of climate refugees, with soft laws servingas a foundation for supporting their cause. In the case of climate refugees, soft laws can help createawareness, shape policies, and guide decision-making processes. Advocacy efforts in climate refugeeissues involve raising public awareness about the challenges faced by individuals displaced due toclimate change. Through various channels such as media campaigns, public speaking events, and socialmedia, advocates can highlight the human stories behind climate displacement, amplifying the urgencyand importance of addressing this issue.Advocacy also plays a critical role in shaping policies and legislation to protect the rights of climaterefugees. Soft laws provide a starting point for advocates to engage with governments, internationalorganizations, and stakeholders to develop and implement legal frameworks that address the specificneeds of climate-displaced individuals. By lobbying policymakers, participating in policy dialogues,and contributing to policy formulation processes, advocates can ensure that the rights and well-being ofclimate refugees are adequately addressed. Furthermore, advocacy efforts can help promote theadoption of soft laws as a foundation for addressing the challenges posed by climate-inducedNAUJILJ 16 (1) 2025193 | P a g edisplacement.35 By advocating for the recognition of soft laws in international forums and negotiations,advocates can influence the incorporation of soft laws into national, regional, and global frameworks.This can contribute to developing consistent and coherent approaches to protecting climate refugeesacross different jurisdictions. They can facilitate dialogue between affected communities and relevantauthorities, advocating for appropriate measures to address climate refugees’ specific needs andconcerns. Advocacy also extends to aiding and supporting climate refugees themselves. Advocates canwork directly with affected communities, helping them understand their rights, access necessaryresources, and navigate bureaucratic processes.7.3. Credible CommunicationOrganizations should invest in credible and transparent communication strategies. Regularly sharinginformation promotes trust, demonstrating willingness to be open and accountable. Clear and honestcommunication helps dispel misconceptions and instils confidence in the organization's actions. Thecredible communication about soft laws as a foundation for climate refugees refers to the discussionsurrounding the legal frameworks and policies that govern the protection and support of individualsfacing displacement and forced migration due to climate change. Organizations should communicatethat climate change is causing various impacts, such as rising sea levels, extreme weather events, andchanging agricultural patterns, resulting in the displacement of people from their homes andcommunities. These climate-induced displacements are often referred to as climate refugees. Soft lawsplay a crucial role in addressing the challenges faced by climate refugees.36 They provide a frameworkfor understanding countries’ legal obligations and responsibilities towards those affected by climatechange. Soft laws also outline the rights and entitlements of climate refugees, including access tonecessities like food, water, shelter, and healthcare. One of the main advantages of using soft laws as afoundation for climate refugees is their flexibility and adaptability. Unlike binding treaties, soft lawscan be easily updated and adjusted to respond to new challenges and emerging issues that arise fromclimate change. This allows for a more timely and effective response to the needs of climate refugees.They encourage countries to work together in providing support and protection to climate refugees, aswell as to explore long-term solutions to prevent further displacement. They must be complemented bystrong political will, financial resources, and actions at both national and international levels.Additionally, efforts should be made to translate soft laws into binding international treaties to ensurestronger and enforceable protections for climate refugees.7.4. Community InvolvementOrganizations must actively pull together the communities they serve. By partnering with communityorganizations, participating in community events, and sponsoring original initiatives, organizations canshow that they are committed to improving society. This participation goes beyond just public relations;It shapes shared values, establishes trust, and educates positive public opinion. Community involvementplays a crucial role in addressing the challenges of climate refugees, mainly when soft laws serve as thefoundation for tackling this issue. Soft laws, or non-binding principles and guidelines, provide thenecessary framework for communities to engage in proactive measures to assist climate refugees.Community involvement can help raise awareness about the plight of climate refugees and advocate fortheir rights. This can be achieved through organizing public forums, educational campaigns, andcommunity dialogues, where residents can learn about the causes and consequences of climate-induceddisplacement, fostering empathy and understanding within the community. Secondly, community35CJ Damary et al. ‘Complaint Alaska Institute for Justice’, (UNHRC Special Rapporteurs): Rights of Indigenous People inAddressing Climate-Forced Displacement (2024).36 Berchin et al, ‘Climate Change and Forced Migrations: An Effort Towards Recognizing Climate Refugees’,Geoforum 84, 147-150 (2017).DAGADU, DUNEE & MCDAVE: Embracing Soft Law Instruments as a Foundation for the Protection ofthe Rights of Climate Refugees194 | P a g einvolvement can facilitate providing essential services and resources to support climate refugees.Through the establishment of community-led initiatives such as food banks, clothing drives, andtemporary shelters, affected individuals and families can receive immediate relief, demonstratingsolidarity and compassion.37 By engaging in sustainable development projects, communities can worktowards mitigating the effects of climate change, preventing further displacement, and enhancing theresilience of vulnerable populations. Community involvement, guided by soft laws, is crucial inaddressing the challenges posed by climate refugees. By raising awareness, providing immediate relief,and implementing long-term strategies, communities can actively ensure the well-being and rights ofclimate-displaced individuals and families.7.5. Authentic Relationship BuildingTo create authentic relationships, organizations must prioritize relationship building. This includesactively seeking feedback from residents, listening to their concerns and incorporating their input intodecision-making processes. By engaging citizens in shaping their policies, organizations show respectfor their views and lay the groundwork for long-term advocacy and support.38In the modern world,public opinion and advocacy are an important combination, where organizations seek to have ameaningful impact. The ability to humanely bridge the gap between organizations and society is criticalto success.398. ConclusionFlexible legislation can be an important basis for protecting climate refugees. The growing effect ofclimate change and the number of individuals forced to migrate for environmental reasons call for anencompassing legal framework to secure their protection and respect for their rights. The mainadvantage of flexible rules is their ability to facilitate international cooperation and harmonize states.Climate change is a global issue that transcends national borders so effective solutions requirecollaborative action. Soft laws provide a forum for countries to come together, agree on common goalsand principles, and work together to label the protection of the rights of climate refugees. Throughinformal mechanisms such as guidelines, recommendations, or principles, soft laws can encouragecountries to work together, share best practices, and cooperate in efforts to protect and support climaterefugees. Moreover, the effectiveness of soft rules in protecting climate refugees depends on how statesapply and enforce them. Simple non-binding rules mean that compliance is voluntary, and states canchoose not to incorporate it into their legal systems or policies so efforts must be made to monitor andreview them developmentally to encourage states to adopt and implement these flexible rules.In conclusion, soft law provides the necessary authority to protect climate refugees’ rights. Theirirrepressible nature allows them to be flexible and adaptable to meet the unique challenges of climatechange. Soft laws facilitate international cooperation, promote consensus, and could be a stepping stoneto more binding legal instruments. However, soft laws alone are not enough to protect climate refugeesbut can serve as a foundation. Binding legal systems are ultimately needed to ensure full and enforceableprotection for climate refugees.37F Elizabeth et al, ‘On the Front Line of Climate Change and Displacement: Learning with and from Pacific Island Countries’The Brookings Institution: London School of Economics Project on Internal Displacement, (2011).38Formally there are some treaties from which exit are not possible. See, for example, Vienna Convention on the Law ofTreaties (1969), art 56, 8 ILM 1969. Nevertheless, a state wishing to withdraw from a treaty can, as a practical matter, achievethat result, though it may bear a cost for doing so.39R Laurence et al, ‘Toward a Theory of Effective Supranational Adjudication’ 107 Yale LJ 273, 351, (1997).