A/HRC/38/21
migration, including aspects of a human rights-based approach.41 Environmental migration
has also been discussed and addressed through State-led regional consultative processes on
migration.42 In the Americas, the Regional Conference on Migration has adopted a guide to
effective practices for its member countries, 43 which articulates a rights-based approach to
the protection of persons crossing borders because of disasters.
35.
The Nansen Initiative, a State-led, multi-stakeholder, consultative process,
specifically addressed cross-border displacement in the context of disasters and climate
change. The Initiative’s Protection Agenda, 44 endorsed by 109 States, calls for the
integration of human rights-based approaches in disaster risk reduction, adaptation
measures, and sustainable development efforts. The Agenda calls for managed human
mobility, including the broadened application of humanitarian protection measures and the
use of planned relocation as a last resort.
36.
Although important, the above-mentioned instruments fail to provide comprehensive
protection of persons crossing borders in the context of climate change. Therefore, it falls to
international human rights law to provide protection and guide the development and
interpretation of new and existing instruments.
B.
Applying international human rights law to protect persons crossing
borders in response to the adverse effects of climate change
37.
In the context of climate change-related cross-border movement, international
human rights law, norms and standards offer the most comprehensive, people-centred and
flexible framework for the protection of all migrants in vulnerable situations, including
those affected by climate change. All persons are rights-holders and all States have ratified
at least one international human rights treaty. 45 Human rights treaties, such as the
International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights, impose obligations on all States to respect, protect
and fulfil human rights for all without discrimination. Further, “human rights obligations,
standards and principles have the potential to inform and strengthen international, regional
and national policymaking in the area of climate change”.
38.
In its key messages on human rights and climate change, 46 OHCHR prescribed a
rights-based approach to climate action. It called upon States to mitigate climate change
and prevent its negative human rights impacts; to ensure all persons have the capacity and
means to adapt to climate change; and to ensure accountability and access to remedies for
human rights harms caused by climate change. In the specific context of human mobility,
which can place people in precarious conditions, it is important to further elaborate on those
human rights obligations.
39.
If persons crossing borders because of the adverse effects of climate change fall
outside the specific legal category of “refugee” and have no other access to safe, orderly or
regular migration, it becomes especially critical to ensure that their human rights are
respected, protected and fulfilled. 47 The Global Migration Group Working Group on
Human Rights and Gender Equality, which is co-chaired by OHCHR, recently submitted to
the Human Rights Council its Principles and practical guidance on the human rights
41
42
43
44
45
46
47
10
See, for example, www.iom.int/jahia/webdav/shared/shared/mainsite/about_iom/
en/council/94/MC_INF_288.pdf.
See www.iom.int/inter-state-consultation-mechanisms-migration.
Available at https://disasterdisplacement.org/wp-content/uploads/2016/11/PROTECTION-FORPERSONS-MOVING-IN-THE-CONTEXT-OF-DISASTERS.pdf.
Available at https://nanseninitiative.org/wp-content/uploads/2015/02/PROTECTION-AGENDAVOLUME-1.pdf.
In total, 133 countries have ratified more than 10 such treaties. See OHCHR, Status of Ratification,
available at http://indicators.ohchr.org/.
Available at www.ohchr.org/Documents/Issues/ClimateChange/KeyMessages_on_HR_CC.pdf.
See A/HRC/37/34, para. 8.
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