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.