A/HRC/37/35
sanitation, education, housing, development and culture. The negative effects of climate
change, such as rising sea levels, droughts, flooding, more frequent extreme weather events,
and desertification, were a clear driver of migration and were expected to increase.
Migration itself was a multi-faceted and complex issue. Long-term, structural,
socioeconomic, environmental and demographic dynamics, and more immediate triggers,
such as natural disasters, affected the decision of people to migrate.
35.
The panel discussion mandated by the Human Rights Council drew attention to
these issues at an opportune moment. Speakers emphasized the importance of the present
discussion for relevant processes, such as the negotiations on the global compact for safe,
orderly and regular migration and the work of the Warsaw International Mechanism for
Loss and Damage under the United Nations Framework Convention on Climate Change.
Several also referred to the relevance of the discussion to the negotiations on the global
compact on refugees.
36.
Speakers agreed that States should fully protect the human rights of all migrants
regardless of their status, paying particular attention to the rights of migrants in vulnerable
situations, such as children, including unaccompanied and separated children, pregnant and
nursing women, indigenous peoples, persons in poor health, older persons, persons with
disabilities and the poor.
37.
Millions of people were on the move because of climate change, which affected the
livelihoods of many subsistence farmers, particularly in developing countries. The poor and
most vulnerable often had no choice but to pursue unsafe channels of migration. Such
migrants of necessity were among those most vulnerable to the adverse effects of climate
change. They faced serious human rights risks. Low-income migrant workers were
particularly in need of human rights protection.
38.
Some regions and countries were particularly vulnerable to climate change,
including the Pacific, Africa, and developing countries, and least developed countries in
particular. Those who had contributed the least to climate change were often those most
affected. The compliance of developed countries with international commitments to limit
global warming, including those relating to technology transfer and funding to developing
countries under the principle of common but differentiated responsibilities, was critical for
climate change adaptation and justice.
39.
Several speakers highlighted the specific protection gaps for persons crossing
borders in response to the adverse effects of climate change. International law did not
always protect the rights of disaster-displaced persons to gain admission to and stay in a
country outside of their own. Still, there were people who, although they did not qualify as
refugees under international law, needed international protection of their human rights.
Complementary human rights protection mechanisms and temporary protection or stay
arrangements could ensure access to international protection. The Nansen Initiative
Protection Agenda highlighted relevant standards and guidance.
40.
Speakers called for a human rights-based approach to climate change that put the
interests of all people, including migrants, at the centre, and ensured that migration was a
matter of choice, not necessity. A rights-based approach, which was explicitly called for by
the Paris Agreement under the United Nations Framework Convention on Climate Change
and the 2030 Agenda for Sustainable Development, was integral to the success of climate
action. Human rights law should guide States in designing polices that prevented
displacement, protected people during displacement, allowed people to move in dignity and
addressed the root causes of climate change. Those affected by climate change should have
access to remedy for the harm they experienced. Furthermore, the effective protection of
human rights required all States to mitigate climate change and to decarbonize their
economy on the basis of equity and the right to development.
41.
Speakers also referred to the relationship between climate change and conflict, the
issue of internal displacement, anti-migrant xenophobia, the rights of future generations,
and the nexus between water, climate and peace. Several also described good practices that
protected the rights of migrants negatively affected by climate change. The practices
included the issuance of humanitarian visas, social welfare for all persons regardless of
their nationality, legal permanent residency for residents of neighbouring low-lying atoll
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents