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Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 18
- Paragraph text
- Also, the Special Rapporteur focused on the phenomenon of migrants travelling by sea in search of safety, refuge or simply better economic conditions. In an effort to restrict these flows, destination States have increasingly resorted to interception practices within the broader context of migratory control measures. In both cases reports indicated that adequate protection safeguards and attention to the human rights of those rescued or intercepted had not always been evident. The Special Rapporteur expressed concern about reports received concerning migrants who had been intercepted, detained or who had lost their lives at sea, in particular in the Mediterranean and Gulf regions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 31
- Paragraph text
- The Special Rapporteur highlighted that there is no accurate statistical information on the number of children involved in the international migration process. Like adult migration, child migration is influenced by the political, social, economic and environmental situation. This included new global phenomena such as climate change, the food crisis and the financial and economic crisis. Children who are unaccompanied or separated from their parents were particularly vulnerable to human rights violations and abuses at all stages of the migration process. The lack of distinction between adult and child migrants was therefore a major challenge that a number of States still had to overcome. National migration laws did not always include a child rights perspective and usually lack specific provisions on children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 51
- Paragraph text
- Finally, the Special Rapporteur would like to remind that, as previously mentioned, most environmental migration is likely to occur within and between developing countries where receiving capacities are likely to be very limited. Therefore, he deems it important to further study and discuss the phenomenon of migration and its link to environment and climate change so as to be able to pinpoint the challenges that lie ahead, how best to address them and how to ensure the human rights of these migrants in the wake of this amplifying phenomenon. It would also be useful to consider new data-collection systems and to build capacities to make better use of existing data sources in some of the least developed countries of the world which will be most affected by climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 52
- Paragraph text
- It may also be difficult for policy makers to manage migration flows in countries where governance structures are still very weak. In such countries, it is necessary to start new research in order to evaluate the current capacities for national governments to implement existing and/or new frameworks and policies. The actual policy discussions tend to focus on questions such as how best to provide emergency assistance to those who are displaced, how to reduce disaster risk and how to improve the legal and normative framework for the protection of the displaced. However, it is equally important to consider movements due to slow-onset events and frame the issue both in terms of displacement and more voluntary movement. Therefore, the Special Rapporteur deems it important that these issues be further developed in the future, by new research tools and by exploring the capacity of Governments and civil society at the national level to implement both protection policies and adaptation strategies, always taking into account the human rights of migrants in this specific context. As the High Commissioner for Human Rights mentioned in her report dedicated on the relationship between climate change and human rights, "the effects on human rights can be of a direct nature, such as the threat extreme weather events may pose to the right to life, but will often have an indirect and gradual effect on human rights, such as increasing stress on health systems and vulnerabilities related to climate change-induced migration. Particularly vulnerable are those living on the "front line" of climate change, in places where even small climatic changes can have catastrophic consequences for lives and livelihoods".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 54
- Paragraph text
- Policy makers have been slow to identify potential responses to environmentally induced migration. Recent literature on environmentally induced movements emphasizes that migration can have positive as well as negative consequences - a factor that affects how policies are formulated. The more positive impacts occur when migration is a voluntary coping strategy that allows people time to weigh alternatives and to use migration as a way of reducing household risk. Concerning the negative impacts, the Special Rapporteur emphasizes that they stem particularly from emergency mass movements that are generally related to intensified natural disasters and to competition for resources. These movements most closely resemble refugee movements and would often require large-scale humanitarian assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 55
- Paragraph text
- Experts have traditionally been categorized into two groups: the alarmists, who see the environment as a principal cause of population movements, emphasizing the forced nature of the migration process (and who use the term "environmental refugee"), and who project that hundreds of millions of persons will be affected, often without differentiating between those who will move short distances to safer ground and those who may move thousand of miles to new countries. The sceptics, by contrast, raise question about the models used to generate estimates of those who would be forced to migrate, emphasizing that pull factors in destination places are more important than push factors at home in determining whether, where and in what numbers people will migrate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 58
- Paragraph text
- Regarding destination-country policies, the Special Rapporteur notes that the relocation strategies identified in NAPAs assume that, in most cases, people will move internally in search of safer alternatives. Whether hampered by financial resources, distance, lack of networks in destination countries, or other factors, many would-be migrants do not have the ability to migrate internationally. However, the Special Rapporteur recalls that international migration will not be absent; many of the countries that will experience loss of livelihoods and habitats related to climate change, and many that will suffer from intensified natural disasters, are already countries of emigration with well established patterns of labour migration. The Special Rapporteur notes that the immigration policies of most destination countries are not conductive to receiving large numbers of environmental migrants, unless they enter through already existing admission categories. Typically, destination countries admit persons to fill job openings or to reunite with family members. Concerning humanitarian admissions, they are generally limited to refugees and asylum seekers - that is, those who fall within the definition in the Convention Relating to the Status of Refugees of 1951, its 1967 Protocol or relevant regional instruments, persons with a well-founded fear of persecution on the basis of race, religion, nationality, and membership in a particular social group or political opinion. Most environmental migrants would be unlikely to meet the legal definition of a refugee, as they will be forced to flee because of loss of livelihood or habitat and not because of persecutory policies. This could raise the issue whether a new category of forced migrants due to environmental or climatic factors would be envisaged and subject to protection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 59
- Paragraph text
- Nevertheless, some countries have established special policies that permit individuals whose countries have experienced natural disasters or other severe upheavals to remain at least temporarily without fear of deportation. The United States of America, for example, enacted legislation in 1990 to provide temporary protected status to persons "who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions". New Zealand has a particular category in its resettlement quota for persons displaced environmentally from Pacific island States, called the "Pacific Access Category". Other countries provide exceptions to removal on an ad hoc basis for persons whose countries of origin have experienced significant disruption because of natural disasters. After the 2004 tsunami, several States suspended deportations of nationals from countries affected. Although the Special Rapporteur sees these examples as positive developments, each on an ad hoc case, there are no concrete examples of legislation or policies that address migration of persons from gradual climate changes that may destroy habitats or livelihoods in the future. For the most part, movements resulting from slow-onset climate change and other environmental hazards that limit economic opportunities are treated in the same manner as other economically motivated migration. Persons moving outside of existing labour and family migration categories are considered to be irregular migrants. In the absence of a strong humanitarian ground, exempting them from removal proceedings, these migrants will be subject to the regular systems in place for mandatory return to their home countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 60
- Paragraph text
- Given the current gaps, the Special Rapporteur suggests that more attention be placed on identifying and discussing new frameworks for managing potential movements. Attention could be given to both aspects of the environment and migration nexus: (a) identifying adaptation strategies that enable people to remain where they currently live and work; (b) identifying resettlement strategies that protect people's lives and livelihoods when they are unable to remain; and (c) maintaining and reinforcing a human-rights based approach designed to protect the rights of migrants. Although most migration is likely to be internal, the potential scale of movements will necessitate coordinated action in support of the affected countries. International cooperation in mitigating harmful migration while planning for movements that will be an essential component of adaptation strategies will help ensure the protection of those who will be most affected by environmental change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 61
- Paragraph text
- The Special Rapporteur also recalls that there are still wide gaps in the information available to policy makers. These gaps exist in content (how and when environmental changes become a primary driver of migration), scale and methodology (studies and methods for interdisciplinary analysis), and frameworks for appropriate migration management strategies. Little research capital has been invested in broad-scale environment-migration studies. The lack of statistically relevant data at the national or regional levels shows constraints in the design of policies that could build resilience and promote adaptation among vulnerable communities. Investing in the development of both short and long-term research, data collection, and monitoring projects could help close these gaps. Promoting inter-agency and interdisciplinary data collection and data sharing could strengthen the capability of Governments to observe and analyze migration patterns. Allowing researchers better access to official data could also enhance study results.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 79
- Paragraph text
- The Special Rapporteur has proposed a few possible themes to be further developed and highlighted the relevance of these issues to the mandate, taking into account a human rights perspective. These two issues, migration in the context of climate change and political participation and civil rights of migrants, are gaining interest and momentum. Further discussion on these themes would allow the mandate to present innovative approaches to these aspects involving migration and they underscore the need for a human rights perspective in global discussions among stakeholders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 19
- Paragraph text
- Thus, global environmental variation as a result of climate change is now a certainty, and the impact of climate change on migration is becoming increasingly apparent. Walter Kälin, the former representative of the Secretary-General on the human rights of internally displaced persons, has identified five scenarios of climate-induced displacement, triggered respectively by (i) sudden-onset disasters; (ii) slow-onset environmental degradation; (iii) sinking small island States; (iv) high-risk zones designated by Governments; and (v) unrest that seriously disturbs the public order, violence, or armed conflict.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 21
- Paragraph text
- While the question of the impact of climate change on migration patterns and the displacement of persons has long been neglected, it has started to receive much needed attention from the international community.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 26
- Paragraph text
- Beyond the work of OHCHR, the United Nations system as a whole is also increasingly focusing on the intersection of climate change and environmental policy and migration. The Global Migration Group, a collective of 18 United Nations agencies, the World Bank and the International Organization for Migration (IOM), was created in 2006 in recognition that migration is a complex and multidimensional issue that requires a coherent and coordinated approach from the international community (see http://www.globalmigrationgroup.org). The United Nations Educational, Scientific and Cultural Organization (UNESCO) as the Chair of the Global Migration Group in the second half of 2011, focused its statement on the relationship between climate change and migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 33
- Paragraph text
- Further difficulties in defining the climate-change-induced migrant are compounded by the fact that climate change may induce a range of migration patterns. Climate change may induce temporary, circular and permanent migration movements, which may be multidirectional, or episodic. Persons affected may move internally or internationally, spontaneously or in an organized and planned manner, and may range on a wide continuum between forced and voluntary migrations. Future predictions remain problematic: while research may suggest some ways in which climate change may affect migratory patterns, it is difficult to predict future movements accurately if only because of the decisive role of individual human agency, as migration is always also an individual trajectory and never simply a mass displacement. Moreover, the success, or lack thereof, of future mitigation and adaptation strategies, including the development of new technologies which may or may not ameliorate the situation of those most affected by the effects of climate change, are impossible to know. Furthermore, it is impossible to forecast the impact of future extreme environmental events, including their regularity or force.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 36
- Paragraph text
- Within societies, specific groups may be more vulnerable to the effects of climate change than others. Economically disadvantaged communities can be especially vulnerable, in particular those concentrated in high-risk areas, as those societies may be highly dependent on the environment for their livelihood. Other determinants play a key role, including personal characteristics such as age, gender, wealth or disability. Moreover, the Special Rapporteur recognizes that in general, people migrating through a lack of choice as a consequence of climate change are more likely to be moving in an irregular situation and are therefore more vulnerable to human rights violations through the course of their migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 38
- Paragraph text
- The Special Rapporteur is also aware that vulnerability is not only determined by geographical, social or economic factors, but also may be the result of political circumstances. The commitment of States to developing appropriate policy responses, either in direct response to a natural disaster, or with regard to long-term planning to manage climate-change-induced migration may thus play a key role in the vulnerability of a particular community to the effects of climate change and their subsequent migration. The degree of a State's development also plays an important role regarding the ability of governments to cope with, mitigate and adapt to environmental change. However, even where appropriate strategies are put in place, the adequacy of highly visible adaptive responses cannot always be assumed. For example, investment in specific infrastructures may contribute to increasing numbers of people choosing to remain in vulnerable areas, where they may be at increased risk owing to unforeseeable consequences of future environmental change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 39
- Paragraph text
- Overall, the Special Rapporteur recognizes that in the case of many specific migration movements, it will not always be possible to clearly delineate between the vulnerability of an individual, group or community to climate change and the social, economic and political contexts in which such movements occur. Therefore, the Special Rapporteur reminds States that determining who will be affected by climate change and compelled to migrate cannot be ascertained in isolation. Attention must be paid to the full circumstances of individuals, groups and communities affected, including the political dimension. This must include an examination, based on a human rights approach, of why and how certain persons may be more vulnerable to climate change, as well as an examination of their effective access to different coping mechanisms through mitigation and adaptation strategies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 46
- Paragraph text
- Though it is hard to predict precisely the patterns of where climate-change-induced migrants will move, current research indicates that much climate related displacement is likely to take place within national borders and that those most acutely vulnerable will often not be in a position to migrate internationally. Moreover, to date, event driven displacements have tended to be short-lived, with many returning to the source location once the event has receded. However, those trends may or may not continue, as much will depend on the severity and nature of future climate related conditions. Furthermore, the Special Rapporteur is aware that there are some indications of increased movement of environmentally induced migrants across international borders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 49
- Paragraph text
- In this context, the Special Rapporteur observes that where people have reduced options for migration, they may be more likely to become trapped in locations vulnerable to environmental hazards. For the international community, the Special Rapporteur emphasizes that this trapped population is likely to represent just as important a policy concern as those who do migrate. Planned and well-managed migration can be one important solution for this population of concern, with due respect paid, of course, to relevant human rights principles, such as safeguards in relation to avoiding forced evictions (see report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living: basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex 1)).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 52
- Paragraph text
- The Special Rapporteur observes that in the context of climate-change-induced international migration, early planning is essential. Without infringing on the freedoms of migrants, and in partnership with affected communities who may be most aware of their own vulnerabilities and needs, sustainable migratory strategies should be developed in advance by all States concerned through international cooperation and with the help of international organizations, civil society organizations and NGOs. This may mean developing mitigation and adaptation strategies, where appropriate. If an area will become uninhabitable prior to the necessity of resettlement, it may be advisable to encourage temporary, seasonal or permanent individual migration for some individuals to acquire new skills and new links in a possible place of destination, thus preparing for possible resettlement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 53
- Paragraph text
- Finally, the rights of all migrants, including environmentally induced migrants, whatever their status, should be formally recognized, and a sustainable relationship between these individuals and the welcoming society should be defined and monitored by appropriate international and domestic institutions. For temporary migrant workers, this should include rights equivalent to those of local workers. As all environmentally induced migrants should be recognized as an integral part of the society of destination, public authorities, with the help of international organizations, civil society organizations and NGOs, should implement specific policies targeting their specific needs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 55
- Paragraph text
- Under the International Covenant on Civil and Political Rights, civil and political rights must first, as a rule, be recognized by a State to "all individuals within its territory and subject to its jurisdiction without distinction" (art. 2). The International Covenant on Economic, Social and Cultural Rights further guarantees social, economic and cultural rights for all without discrimination. In this context, these Covenants ensure the applicability of fundamental rights for migrants, including the right to life, among other basic rights, including the right to an adequate standard of living and health. In particular, the Special Rapporteur notes that the well-established principles of non-discrimination established in both treaties may require States to develop specific policies and programmes, taking into account the particular circumstances and needs of climate-change-induced migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 57
- Paragraph text
- The Special Rapporteur notes further the obligation to provide humanitarian relief to persons affected by climate change. Such assistance should support environmentally induced migrants around the time of their displacement and may take different forms, either as an emergency response to a sudden disaster, or planned in advance to accompany steady movements of migrants or to assist resettlement. Humanitarian relief should aim at ensuring the most basic rights of environmentally induced migrants, be premised on human rights principles and pay due regard to the fundamental principles of non-discrimination, participation, empowerment and accountability.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 58
- Paragraph text
- In the context of internal displacement, the Guiding Principles on Internal Displacement also provide a strong legal framework and restate relevant hard law, such as the Operational Guidelines on the Protection of Persons in Situations of Natural Disasters and the Framework on Durable Solutions for Internally Displaced Persons. In this regard, the Special Rapporteur refers to the report of the Special Rapporteur on the human rights of internally displaced persons (A/66/285), which analysed in detail the applicability of those principles in relation to climate-change-induced internal displacement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 59
- Paragraph text
- Beyond the general norms of international human rights law, the Special Rapporteur observes that some of the definitional complexities around climate-change-induced migration are telling of the limitations of the current paradigm in which migration is largely framed within the context of international law. Political discourse has traditionally juxtaposed categories of the voluntary economic migrant - who is generally understood to be willingly migrating for economic reasons in search of a better life and whose migration is generally governed by the traditional rules based on territorial sovereignty - and asylum seekers and refugees - who are persons forced to migrate, fleeing persecution and deserving of international protection, including specific guarantees considered as exceptions to the "normal" regime governed by territorial sovereignty.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 60
- Paragraph text
- It must be acknowledged that many climate-change-induced migrants will fall in-between such categories. Many will be willingly moving, in anticipation of impending climate-change-induced economic disaster, and many will move only when becoming victims of a disastrous environmental event. For others, the compulsion to move will relate to the need to ensure food security or adequate access to basic services, such as water and sanitation, perhaps combined with a desire to reunite with family members abroad. Of those who do, many will move towards other disaster-prone areas. Many more will probably have no migration capability and will remain in disaster-prone areas: States will have to acknowledge that forced migration may encompass a range of situations and may need to recalibrate their rules to provide protection, assistance and migration opportunities for such persons.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 61
- Paragraph text
- One category of climate-change-induced migrants may be easier to position within the framework of refugee law - those for whom the direct impact of climate change triggers persecution and conflict, for example, as a result of tensions over resources, which exacerbate discrimination and human rights violations. Indeed, the security dimension of climate change has attracted increasing international attention during past years, and there is developing research that environmental disturbances may increase flows of refugees fleeing persecution. Such circumstances may allow for the application of international refugee law, as set out by the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 63
- Paragraph text
- The Special Rapporteur does not contend that this requires an automatic recalibration of the refugee category, although he does note that the regional instruments in Africa and in Latin America have enlarged the definition of refugees to individuals fleeing "events seriously disturbing public order" or other forms of "generalized violence" which may protect many climate-change-induced migrants. However, it seems clear that the above-noted normative frameworks, while generally applicable to environmentally induced migration, may not fulfil the specific needs of most environmentally induced migrants; they constitute only a partial response to the challenges of environmental migration. At present, beyond the rubric of international refugee law, there thus seems to be a gap in international law regarding protection of persons on the move for environmental reasons.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 64
- Paragraph text
- Under the current understanding of international migration management, the inapplicability of international refugee law to the majority of climate-change-induced migrants appears to leave only the residual category of "economic migrants". Yet, this classification does not reflect the complex chain of causality between environmental change, loss of economic opportunities and forced migration. For example, slow-onset environmental phenomena, such as desertification or diminishing natural resources, may create a stronger economic tension, and thereby have an impact on a range of economic, social and cultural rights, thus spurring the need for mobility. Other climate-change-induced factors can also pose severe threats to human rights, including threats to life and livelihood, such as famine and drought, which often seem misclassified as mere incentives to migration and not worthy of proper human rights protections in themselves.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
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