A/HRC/16/43
displacement.9 Yet, as pointed out by an OHCHR report in 2009, very tangible rights are
potentially impacted by climate change including, inter alia, the right to life, water, food,
health, and housing. In this context, internally displaced persons remain entitled to the
range of human rights, including protection from arbitrary displacement, and to rights
related to housing and property restitution which are so vital to durable solutions.10 It is
estimated that many millions of people may be forcibly displaced due to climate change in
the coming decades.11
62.
Practical issues, including housing, land and property rights and livelihood, which
are all necessary for sustainable and durable solutions, will become even more dominant
issues in this type of displacement. Indeed, with the irreversible effects (in the immediate
future) of certain phenomena such as the loss of arable land or biodiversity, finding durable
solutions for displaced communities may become a key challenge. Adopting a human rights
approach to climate change-induced displacement provides an internationally accepted
framework within which to begin a dialogue and identify rights based solutions for these
difficult issues. However, further work is necessary in this regard.
63.
The IDP mandate has helped to trigger and shape the IASC analysis of the
humanitarian implications of climate change, which resulted in shared terminology on
different affected populations and a common understanding of the normative frameworks
for their protection and the legal and institutional gaps. This work culminated in joint
advocacy efforts on the humanitarian implications of climate change in the 2009
Copenhagen negotiations on a United Nations Framework Convention on Climate
Change.12 The Special Rapporteur will continue to work closely with all stake holders to
explore and develop the connections between existing frameworks on climate change,
international human rights law, the Guiding Principles and other relevant guidance
documents or instruments – with the objective of contributing to a clearer conceptual
foundation and normative framework. The mandate will also continue to work with
counterparts at all levels in order to strengthen the response to the many human rights
challenges posed by climate-induced displacement, including through mutual knowledge
sharing, which is considered a key aspect of addressing climate change issues.13
64.
Human rights obligations engage State responsibility before disaster strikes as well
in its aftermath. In the case of climate change and environmental destruction, due diligence
9
10
11
12
13
Displacement Solutions (German Federal Ministry for Economic Cooperation and Development, and
the German Agency for Technical Cooperation (GTZ)), Climate Change Displaced persons and
Housing, Land and Property Rights: Preliminary Strategies for Rights-based planning and
Programming to Resolve Climate-Induced Displacement, 2009, p. 6. Available at:
http://www.displacementsolutions.org/files/documents/DS_Climate_change_strategies.pdf
Report of the High Commissioner for Human Rights on the relationship between climate change and
human rights, A/HRC/10/61, 15 January 2009, para, 8-15, 57.
Climate Change Displaced persons, p.6.
See Forced Displacement in the Context of Climate Change : Challenges for States under
International Law, Paper submitted by the Office of the United Nations High Commissioner for
Refugees, in cooperation with the Norwegian Refugee Council, the Representative of the Secretary
General on the Human Rights of Internally Displaced Persons and the United Nations University to
the 6th session of the Ad-Hoc Working Group on Long-Term Cooperative Action under the
Convention (AWG-LCA 6) from 1-12 June in Bonn, 19 May 2009; and working paper on “Climate
change, migration and displacement: Who will be affected?” submitted by the informal group on
Migration/Displacement and Climate Change of the Inter-Agency Standing Committee (IASC), 31
October 2008 to the secretariat of the United Nations Framework Convention on Climate Change,
available at http://unfccc.int/resource/docs/2008/smsn/igo/022.pdf
IASC, 78th IASC Working Group Meeting: IASC Task Force on Climate Change: Progress Report
and Way Forward, 27 October 2010, WO/1010/360/7, p.3.
15
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