COP26 and the fight for climate justice - an immigration lawyers perspective
As a lawyer I was always told of the importance of fair process – people who are affected by the decisions taken should be involved in that process – and a lack of fair process delegitimises the outcome.
As the climate crisis rages on it is undoubtedly affecting poorer nations to a greater extent than others and indigenous communities are at risk of being ignored while their national governments strip their lands for fossil fuels. It is therefore imperative that the voices of those on the frontlines of the climate crises are heard.
COP26 is taking place in Glasgow this year and it is clear that we need an immediate action plan based on global justice. Those on the frontlines need to be central to these discussions and must be front and centre at the negotiating table. While the UK Government is insisting that this will be the most inclusive COP ever, it is clear that there are a number of barriers to participation, particularly this year with COVID-19 still a real threat to life. Funding has been cut to many NGOs and many activists are uncomfortable about being given priority for a vaccine scarce in their communities, when there are so many more vulnerable around them. Despite assurances about video technology making the process more inclusive, we need to be realistic – time zone differences and technical challenges make contributions less effective, and while predominantly wealthy nations with the virus under control will be represented in person, groups already more marginalised will have to wait until the host permits them to join the meeting.
The UK immigration Process
In addition to these barriers, visitors also need to navigate the rules and processes laid down by the Home Office. The immigration process for visitors is split into two tiers – those who are on the visa national list and those who are not. If you are a national of a country on the visa national list contained within the immigration rules, then you must apply for a visit visa before you travel to the UK and your application for this visa will be placed under more scrutiny than if you could get a visa at the border. There are practical challenges – they need to get certain documents in advance and they need to attend a visa application centre, and with some countries not having one, applicants are forced to travel hundreds of miles to submit their applications.
It may not surprise you that the countries on the visa national list include most of the global south and those who are already facing so many barriers to accessing climate justice and attending COP.
In a welcome move, the Home Office have a special visit visa application form for delegates at the conference and delegates get their visa for free. With applications only just being submitted now it is yet to be seen how these applications will be assessed. This move however, does nothing for the civil society activists who have not yet received their delegate passes and cannot access the free visa applications. Many of these activists want to travel to Glasgow to be part of the fringe events where they can still work to share skills and knowledge with others, as well as have the opportunity to work on a common strategy to fight climate injustice.
So what can we do?
Teneu is proud to be working in solidarity with the COP26 Coalition - a UK based coalition of diverse organizations and networks mobilizing around COP26 - in the formation of their Visa Support Service. This service supports activists from frontline and global south communities navigate the challenges of the UK Home Office. From personalized legal support to a comprehensive Public Resource Centre to assist with funding complications around Covid-19 restrictions, our goal is to help foster spaces of hope, accessibility, and inclusivity on the road to climate justice.
The climate crisis is here. It is only by working together and learning from each other about what works now that we will stand any chance of protecting this world.
More information about the work of the coalition can be found here https://cop26coalition.org/
