A/HRC/38/21
serious human rights violations. 51 They should consider measures to admit persons from
and/or refrain from returning persons to areas adversely affected by climate change. States
are bound by the fundamental principle of non-refoulement to ensure appropriate protection
for any persons subject to their jurisdiction or effective control. That means they should
refrain from returning persons to an area where there is a high likelihood that climate
change-related risks threaten human rights.
46.
The International Covenant on Civil and Political Rights and other human rights
instruments guarantee all persons the right to information and participation in public affairs.
State actions and decisions related to human mobility and climate change should involve
the meaningful and informed participation of the most affected persons. Decision-making
should be transparent and empower affected persons. For decisions or actions that impact
indigenous peoples’ rights, States must obtain their free, prior and informed consent in
accordance with the United Nations Declaration on the Rights of Indigenous Peoples.
47.
Planned relocation can respond to the predicted impacts of climate change by
moving individuals and communities away from unsafe areas. However, it should be a
measure of last resort.52 In order to respect, protect and fulfil the right to housing under the
International Covenant on Economic, Social and Cultural Rights, States must refrain from,
and protect against, forced evictions by ensuring any relocation of persons is grounded in
human rights. Planned relocation should also involve the meaningful and informed
participation of all affected persons, including migrants and receiving communities and
maintain their previous living standards.
48.
Finally, the International Covenant on Civil and Political Rights and other human
rights instruments require all persons to have access to justice, including effective remedies.
States are required to provide effective mechanisms to prevent and redress human rights
harms resulting from the adverse effects of climate change, and from climate change
mitigation and adaptation. This is critical for migrants who are often unable to access
justice due to the conditions they face before, during and after migration. States must be
accountable for their contribution to human rights harms regardless of where they occur.
Accountability should also include businesses and actors that have contributed to the causes
of climate change or violated human rights in their mitigation and adaptation actions.
C.
Mobilizing the means of implementation for climate change adaptation
and mitigation
49.
The preceding analysis demonstrates that climate change drives cross-border
movement, that persons affected by climate change face unique human rights risks
throughout their movement, and that international human rights law offers the most
effective protection. Mobilizing the means of implementation for effective climate change
adaptation and mitigation is also critical to prevent displacement and ensure human rights
protection for persons on the move because of climate change.
50.
The individual and collective mobilization of resources to address foreseeable
human rights harms caused by climate change is, in and of itself, a human rights
obligation.53 International assistance for climate change mitigation and adaptation should be
in addition to existing commitments and should be mobilized on the basis of equity and in
accordance with the principle of common but differentiated responsibility. Pursuant to
relevant human rights principles, climate assistance should be adequate, effective and
transparent, should be administered through participatory, accountable and non51
52
53
12
Human rights mechanisms have underlined that, under international human rights law, the prohibition
of refoulement is absolute.
See Brookings Institution, Georgetown University and UNHCR, “Guidance on Protecting People
from Disasters and Environmental Change through Planned Relocation” (2015). Available at
www.refworld.org/docid/596f15284.html.
The International Covenant on Economic, Social and Cultural Rights calls for States to act
individually and collectively to mobilize and allocate the maximum available resources for the
progressive realization of economic, social and cultural rights.
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