Human Rights Guarantees for the Protection of Indigenous Peoples as Climate Change Refugees in Indonesia

Ria Tri Vinata, Ibnu Asqori Pohan

Abstract

Climate refugees have the human right to a decent life free from threats. Their
human rights are currently enshrined in international human rights law and the
Refugee Convention, which require states not to repatriate to countries or
territories of origin where the impacts of climate change expose them to life-
threatening risks or cruel, inhuman, or degrading treatment. Even though it has
been regulated in international law, it does not mean that their human rights
are fully fulfilled. Existing laws still need to be refined and regulated by each
country so that each country truly guarantees its rights and prevents
persecution. The study in this paper analyses the Human Rights Guarantee of
the Protection of Indigenous Peoples as Climate Change Refugees in Indonesia
by using the research type. The purpose of the research is to prepare legal
arrangements in Indonesia regarding the regulation of climate change refugees
by analyzing events that occur in Indonesia in particular due to the existence
of several areas that are sinking due to climate change by implementing
Resource-Based Theory.