Perlindungan Hukum Terhadap Penduduk Negara Kepulauan Kiribati Sebagai Pengungsi Akibat Perubahan Iklim dan Dampak Pemanasan Global

• Main Authors: , MUTHI YUNIATI S., , Dr. Sigit Riyanto, S.H., LL.M.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2014
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/125401/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=65569
• Institution: Universitas Gadjah Mada

Climate change has been issued since 1979 at First World Climate Conference held by World Meteorological Organization. And it became a big issue in Earth Summit Conference held in Rio De Janeiro, Brazil. This summit conducted the United Nations Framework Convention on Climate Change 1992 focusing on climate change and global warming effects on earth and human lives. But global were not seriously responded about these issues. When in 2000s until now, climate change and global warming effects is happening to all countries in the world. One of the countries that significantly suffered due to climate change and global warming is the Archipelagic State of Kiribati located in the Pacific Ocean. Archipelagic State of Kiribati threatened to sink and is predicted to be the first country in the world to relocate its residents to other countries. What are the forms of legal protection towards the global community particularly inhabitants of Archipelagic State of Kiribati threatened of being relocated due to climate change and global warming is the main issue discussed in this paper. And which institution has the authority to accomodate in refugee protection is also discussed in this paper. In finding the answer, this legal research explains the causes of climate change and global warming, the international instruments related to climate change, the legal basis of refugees and human rights particularly the rights of refugees, and as well as discussion of the competent authorities to accommodate this issue. The findings and analysis in this legal research found that the inhabitants of Archipelagic State of Kiribati could not be categorized as �climate refugees� because there is no legal instrument and also cannot be hold the status of �refugees� according to Article 1 of the Geneva Conventions Relating to the Status of Refugees 1951. Legal instruments such Kyoto Protocol 1997 considered not effectively conducted in managing and reducing carbon emissions, as well as international organization such as UNHCR and neighbouring countries were authorized to accommodate the issues faced by the Archipelagic State of Kiribati.