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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