A/HRC/37/35
such as rising sea levels and desertification. While most displaced persons remained within
their own country, some crossed international borders to seek protection and assistance
abroad. The overall number of such persons was unknown. For many, international law did
not provide a right to admission and stay, which made them vulnerable to exploitation and
marginalization. Consultations conducted by the Nansen Initiative on cross-border
displacement between 2012 and 2015 showed that human rights had played an important
role in protection in at least three contexts.
16.
First, human rights provided guidance on the implementation of measures to reduce
and manage displacement risks in countries of origin. Factors such as population density,
poverty, bad governance and discrimination contributed to the lack of resilience of affected
persons to natural hazards. The rights to life, safety and health, among others, suggested a
general obligation of States of origin to protect people from the effects of natural hazards
by reducing their vulnerability through climate change adaptation and disaster risk
reduction. This was an integral part of development efforts made in line with the
Sustainable Development Goals. If such efforts failed, States could also be obliged to
provide protection through evacuation and planned relocation. Efforts of this type should
respect all relevant human rights, including the rights to information and to participate, the
rights of women, children and indigenous peoples, and cultural rights. Cooperation between
States of origin and States of destination was necessary to facilitate the safe, dignified and
regular migration of affected persons to other countries. This could be an important means
to adapt to the reality of climate change, for instance where low-lying atoll island States
risked becoming permanently uninhabitable by rising sea levels.
17.
Second, human rights such as those to food, water, shelter, health and education
were particularly important for the protection of affected persons throughout their
migration. The rights of affected persons to protection from gender-based and other forms
of violence or trafficking, and to have to access humanitarian assistance should be
respected, protected and fulfilled regardless of whether they had crossed international
borders. Specific efforts were needed to protect the rights of women and children who faced
higher risks of harm during migration.
18.
Third, human rights-based approaches could help disaster-affected persons to gain
admission to and to stay in States of refuge. In exceptional cases, obligations of nonrefoulement under international human rights law could impose constraints on the return of
persons to States affected by disasters. The Nansen Initiative had identified more than 50
States that had used their discretion to admit persons affected by disasters. This was
particularly common in cases where persons were seriously and personally affected by a
disaster. While States based their decisions on humanitarian grounds, they took into
consideration human rights principles.
19.
Mr. Kaelin concluded that, in the absence of specific obligations to admit and not to
return persons displaced across borders in the context of the adverse effects of climate
change and other disasters, harmonizing and strengthening national approaches was crucial
for the protection of such persons. The Human Rights Council had an important role to play
in promoting such rights-based approaches.
20.
The Executive Director of Greenpeace Africa, Njeri Kabeberi, noted that seven of
the 10 States most at risk from climate change were in Africa. Research indicated that
Africa was likely to become warmer and drier because of climate change and could expect
faster rates of temperature increase than the global average. Climate change would deepen
social inequality, because responsibility for climate change and vulnerability to its impact
were unequally shared.
21.
Ms. Kabeberi described a number of ways that climate change affected people and
ecosystems in Africa. The effects of climate change had the potential to exacerbate national
security issues and to drive conflicts over limited natural resources, such as arable land or
water. Indeed, access to water could be the single biggest cause of conflict and war in
Africa in the next 25 years. Furthermore, conflicts prevented populations from engaging in
food production, further exacerbating hunger. The cumulative impact of small disasters was
also causing grave losses for the poor.
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