A/HRC/38/21
While the Convention does not explicitly address migration, the preamble to the Paris
Agreement calls upon all States to respect, promote and consider the rights of migrants
when taking climate action. The ongoing work of the Conference of the Parties to the
Convention and its subsidiary bodies, including the Task Force on Displacement of the
Warsaw International Mechanism for Loss and Damage associated with Climate Change
Impacts, provide a forum for discussing issues related to the protection of those displaced
by the adverse effects of climate change. The Task Force and the Executive Committee of
the Mechanism are mandated to develop recommendations for integrated approaches to
avert, minimize and address displacement related to climate change.
30.
Regional environmental agreements may also protect migrants affected by climate
change. The Convention on Access to Information, Public Participation in DecisionMaking and Access to Justice in Environmental Matters (the Aarhus Convention)
recognizes the right of every person to live in an environment adequate to ensure their
health and well-being and establishes legally binding obligations related to access to
information, participation in decision-making and access to justice in environmental
matters. In March 2018, a similar agreement was adopted by 24 Latin American and
Caribbean States.37
3.
Global compacts
31.
The New York Declaration for Refugees and Migrants identifies climate change,
disasters and environmental degradation as drivers of human movement that require
cooperative, rights-based responses. It calls for preparation of two global compacts — on
refugees and on safe, orderly and regular migration — to further its objectives, which
include a framework for comprehensive international cooperation on human mobility
including human rights protection. According to the Secretary-General, the compact on
migration must protect human rights for all and both compacts must respond to the reality
that climate change is likely to exacerbate economic, environmental and social pressures to
migrate over the next few decades.38 Current drafts of each compact have made explicit
reference to environmental degradation, disaster or climate change. For example, the “zero
draft plus” of the global compact on safe, orderly and regular migration 39 calls for the
development of tailored migration schemes to facilitate migration as an adaptation strategy
to slow-onset environmental degradation related to the adverse effects of climate change.
4.
Other relevant law and policy frameworks
32.
In rare circumstances, the Convention relating to the Status of Stateless Persons
might protect people fleeing the adverse effects of climate change; however, it does not
apply to or respond to the needs of most people fleeing the adverse effects of climate
change.40
33.
Although not legally binding, there are also many policy processes and instruments
that address important aspects of human mobility in the context of climate change. The
Sendai Framework for Disaster Risk Reduction aims to substantially reduce disaster risks,
strengthen disaster risk governance and enhance disaster preparedness, particularly for
vulnerable populations. The Framework explicitly addresses climate change and disaster
displacement. It includes guiding principles that call for promoting and protecting all
human rights and developing coherent policies across the climate change, disaster risk
reduction and sustainable development agendas.
34.
The International Organization for Migration (IOM), through the regular meetings of
its governing bodies, offers a platform for State-led efforts to address environmental
37
38
39
40
See https://negociacionp10.cepal.org/9/en/news/latin-america-and-caribbean-adopts-its-first-bindingregional-agreement-protect-rights-access.
See A/72/643, paras. 1, and 51–52.
Available at https://refugeesmigrants.un.org/sites/default/files/2018mar05_zerodraft.pdf.
See S. Park, “Climate Change and the Risk of Statelessness: The Situation of Low-Lying Island
States”, (2011), p. 3, available at www.unhcr.org/4df9cb0c9.pdf. See also “Protecting People
Crossing Borders” (footnote 32 above), pp. 32–34.
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