Environmental Justice And The Rights Of Ecological Refugees

e environmental JusticE & the rights of Ecological Refugees L a u r a We s t r a Environmental Justice and the Rights of Ecological Refugees Environmental Justice and the Rights of Ecological Refugees Laura Westra publishing for a sustainable future London • Sterling, VA First published by Earthscan in the UK and USA in 2009 Copyright © Laura Westra, 2009 All rights reserved ISBN: 978-1-84407-797-7 Typeset by JS Typesetting Ltd, Porthcawl, Mid Glamorgan Cover design by Andrew Corbett For a full list of publications please contact: Earthscan Dunstan House 14a St Cross St London, EC1N 8XA, UK Tel: +44 (0)20 7841 1930 Fax: +44 (0)20 7242 1474 Email: [email protected] Web: www.earthscan.co.uk 22883 Quicksilver Drive, Sterling, VA 20166-2012, USA Earthscan publishes in association with the International Institute for Environment and Development A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Westra, Laura. Environmental justice and the rights of ecological refugees / Laura Westra. p. cm. Includes bibliographical references and index. ISBN 978-1-84407-797-7 (hardback) 1. Environmental refugees--Legal status, laws, etc. 2. Refugees--Legal status, laws, etc. 3. Environmental justice. 4. Human rights. I. Title. K3230.R45W47 2009 341.4’86--dc22 2008054647 At Earthscan we strive to minimize our environmental impacts and carbon footprint through reducing waste, recycling and offsetting our CO2 emissions, including those created through publication of this book. For more details of our environmental policy, see www.earthscan.co.uk. This book was printed in the UK by TJ International, an ISO 14001 accredited company. The paper used is FSC certified and the inks used are vegetable based. For Peter Westra and for the boys at the Japanese Jongenskamp Baros 6, Tjimahi, Indonesia (1944–1945) – especially for Jan, Jaap, Joop and Lloyd, and all the boys in Cabin 37A Contents Foreword by Ved P. Nanda Acknowledgements Prologue xi xiii xv PART I – PRESENT REFUGEE LAW: POLITICAL AND LEGAL ISSUES AND PROBLEMS 1 The Question of Environmental Refugees Introduction – The Recognition of Environmental Refugees The Question of Environmental Refugees A Question of Definition? The Legal Status of Internally Displaced Persons Persecution and the Problem of Intent Indigenous and Non-Indigenous: Any Solutions? 2 International Assistance and the Refugee Convention’s Five Grounds of Persecution Introduction to the Five Grounds for Refugee Status to Establish Persecution Persecution or Lack of Protec