A/HRC/38/21 migration, including aspects of a human rights-based approach.41 Environmental migration has also been discussed and addressed through State-led regional consultative processes on migration.42 In the Americas, the Regional Conference on Migration has adopted a guide to effective practices for its member countries, 43 which articulates a rights-based approach to the protection of persons crossing borders because of disasters. 35. The Nansen Initiative, a State-led, multi-stakeholder, consultative process, specifically addressed cross-border displacement in the context of disasters and climate change. The Initiative’s Protection Agenda, 44 endorsed by 109 States, calls for the integration of human rights-based approaches in disaster risk reduction, adaptation measures, and sustainable development efforts. The Agenda calls for managed human mobility, including the broadened application of humanitarian protection measures and the use of planned relocation as a last resort. 36. Although important, the above-mentioned instruments fail to provide comprehensive protection of persons crossing borders in the context of climate change. Therefore, it falls to international human rights law to provide protection and guide the development and interpretation of new and existing instruments. B. Applying international human rights law to protect persons crossing borders in response to the adverse effects of climate change 37. In the context of climate change-related cross-border movement, international human rights law, norms and standards offer the most comprehensive, people-centred and flexible framework for the protection of all migrants in vulnerable situations, including those affected by climate change. All persons are rights-holders and all States have ratified at least one international human rights treaty. 45 Human rights treaties, such as the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, impose obligations on all States to respect, protect and fulfil human rights for all without discrimination. Further, “human rights obligations, standards and principles have the potential to inform and strengthen international, regional and national policymaking in the area of climate change”. 38. In its key messages on human rights and climate change, 46 OHCHR prescribed a rights-based approach to climate action. It called upon States to mitigate climate change and prevent its negative human rights impacts; to ensure all persons have the capacity and means to adapt to climate change; and to ensure accountability and access to remedies for human rights harms caused by climate change. In the specific context of human mobility, which can place people in precarious conditions, it is important to further elaborate on those human rights obligations. 39. If persons crossing borders because of the adverse effects of climate change fall outside the specific legal category of “refugee” and have no other access to safe, orderly or regular migration, it becomes especially critical to ensure that their human rights are respected, protected and fulfilled. 47 The Global Migration Group Working Group on Human Rights and Gender Equality, which is co-chaired by OHCHR, recently submitted to the Human Rights Council its Principles and practical guidance on the human rights 41 42 43 44 45 46 47 10 See, for example, www.iom.int/jahia/webdav/shared/shared/mainsite/about_iom/ en/council/94/MC_INF_288.pdf. See www.iom.int/inter-state-consultation-mechanisms-migration. Available at https://disasterdisplacement.org/wp-content/uploads/2016/11/PROTECTION-FORPERSONS-MOVING-IN-THE-CONTEXT-OF-DISASTERS.pdf. Available at https://nanseninitiative.org/wp-content/uploads/2015/02/PROTECTION-AGENDAVOLUME-1.pdf. In total, 133 countries have ratified more than 10 such treaties. See OHCHR, Status of Ratification, available at http://indicators.ohchr.org/. Available at www.ohchr.org/Documents/Issues/ClimateChange/KeyMessages_on_HR_CC.pdf. See A/HRC/37/34, para. 8.