A/HRC/38/21
bodies. 60 In its general recommendation No. 37, the Committee for the Elimination of
Discrimination against Women offers clear guidance on measures needed to protect the
rights of women migrants affected by climate change. A consistent approach to climate
change-related human mobility in treaty-body review processes and communications on the
Framework Convention could contribute to more effective monitoring of impacts, improved
responses and further development of the relevant legal obligations of States.
60.
At the national level, some States have put in place mechanisms to grant protection
to people affected by environmentally induced disasters.61 The Nansen Initiative identified
more than 50 States that had used their discretion in migration matters and instruments
provided for by their national legislation to admit persons affected by disasters. 62
Switzerland, for example, takes account of environmental and socioeconomic situations to
extend protection to persons who would be endangered by a return to their country of
origin;63 and the Plurinational State of Bolivia, in its Law No. 370 of 2013, has explicitly
referenced climate change migration and the need to protect those migrating in its national
legislation. Ireland highlighted that its financial support for disaster risk reduction in
climate vulnerable States as well as other forms of adaptation support to strengthen the
resilience of poor and vulnerable households targeted the underlying causes of climate
change-related movement.64
61.
UNICEF emphasized its support for national child-focused climate change
mitigation strategies, and national climate change and disaster risk reduction offices. 65
Several other inputs highlighted policies and actions related to climate change mitigation
and adaptation, and disaster risk reduction. Cuba described its efforts at disaster risk
reduction through planned relocation and ecosystem restoration. 66 While such efforts may
not explicitly address human mobility, they can reduce the risk of displacement.
62.
In several countries, migration has been promoted as a form of climate change
adaption. 67 In Kenya, the National Climate Change Action Plan, for example, calls for
research on migration as a potential coping mechanism for climate change. Countries of
destination must also play a role. Reaching bilateral migration agreements with climate
vulnerable countries can help facilitate safe, orderly and regular movement provided such
agreements are non-discriminatory and comply with international human rights obligations.
Italy, for example, has concluded several bilateral agreements that could potentially
facilitate human mobility as a climate change adaptation strategy. 68 Similar agreements
exist between a number of small island States in the Pacific and countries such as Australia,
New Zealand and the United States of America.
63.
The UNHCR Guidelines on Temporary Protection or Stay Arrangements 69 may
apply in disaster and climate change contexts, and UNHCR offers general guidance to
States on the use of humanitarian visas and temporary protection arrangements to protect
those displaced across borders, including by climate change and disasters. 70 In support of
60
61
62
63
64
65
66
67
68
69
70
See Center for International Environmental Law and Global Initiative for Economic, Social and
Cultural Rights, “Synthesis Note on the Concluding Observations and Recommendations on Climate
Change Adopted by UN Human Rights Treaty Bodies”, available at http://www.ciel.org/wpcontent/uploads/2018/01/HRTBs-synthesis-report.pdf.
Input from the University of Bern and International-Lawyers.org.
See Nansen Initiative, Global Consultation Conference Report (Geneva 2015), p. 16. Available at
www.nanseninitiative.org/wp-content/uploads/2015/02/GLOBAL-CONSULTATION-REPORT.pdf.
Switzerland input.
Ireland input.
UNICEF input.
Cuba input; see also Christian Asse input, describing the importance of traditional knowledge,
ecosystem restoration and preserving traditional livelihoods for effective climate action.
Input from the University of Bern and International-Lawyers.org.
Ibid.
Available at www.refworld.org/docid/52fba2404.html.
UNHCR input. See also UNHCR, “Legal considerations” (footnote 33 above).
15
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