A/HRC/10/61
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Displacement.87 However, with regard to slow-onset disasters and environmental degradation
it remains challenging to distinguish between voluntary and forced population movements.
58. Persons moving voluntarily or forcibly across an international border due to environmental
factors would be entitled to general human rights guarantees in a receiving State, but would often
not have a right of entry to that State. Persons forcibly displaced across borders for
environmental reasons have been referred to as “climate refugees” or “environmental refugees”.
The Office of the United Nations High Commissioner for Refugees, the International
Organization for Migration and other humanitarian organizations have advised that these terms
have no legal basis in international refugee law and should be avoided in order not to undermine
the international legal regime for the protection of refugees.88
59. The Representative of the Secretary-General on human rights of internally displaced
persons has suggested that a person who cannot be reasonably expected to return (e.g. if
assistance and protection provided by the country of origin is far below international standards)
should be considered a victim of forced displacement and be granted at least a temporary stay.89
60. One possible scenario of forcible displacement across national borders is the eventual total
submergence of small island States.90 Two working papers of the Sub-Commission on the
Promotion and Protection of Human Rights point to some of the human rights issues such
situations would raise, such as the rights of affected populations vis-à-vis receiving States and
possible entitlement to live in community.91 Human rights law does not provide clear answers as
to the status of populations who have been displaced from sinking island States. Arguably,
87
The Guiding Principles have gained wide acceptance and were recognized by the
General Assembly in the 2005 World Summit Outcome (A/RES/60/1) “as an important
international framework for the protection of internally displaced persons”.
88
See IASC working paper referred to in footnote 84 above.
89
Representative of the Secretary-General on human rights of internally displaced persons,
Displacement Caused by the Effects of Climate Change: Who will be affected and what are the
gaps in the normative framework for their protection? background paper, 2008, available at:
http://www2.ohchr.org/english/issues/climatechange/submissions.htm.
90
In the face of rising sea levels, migration is one adaptation strategy which is already
being implemented in low-lying island States, such as Kiribati, the Maldives, and Tuvalu.
So far this population movement has mainly taken the form of in-country resettlement schemes
(IPCC AR4 WGII Report, p. 708).
91
The papers (E/CN.4/Sub.2/AC.4/2004/CRP.1; E/CN.4/Sub.2/2005/28) were prepared
by Françoise Hampson pursuant to a request from the Commission on Human Rights
(decision 2004/122) to prepare a report on the legal implications of the disappearance
of States for environmental reasons. A questionnaire was prepared in 2006
(E/CN.4/Sub.2/AC.4/2006/CRP.2) with a view to obtaining more accurate data on the nature,
scale and imminence of the problem, but as yet no follow-up has been given to this initiative.
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