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Climate change and internal displacement 2011, para. 67
- Paragraph text
- The urban dimensions of climate change-induced displacement should therefore factor as a key consideration in national medium- and long-term national development strategies, as well as adaptation measures to address potential displacement. Cities may need to become more "expandable" to absorb potential influxes of people. At the same time, in order to decrease unplanned urban migratory flows, potential displacement situations need to be better managed.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Global migration governance 2013, para. 97
- Paragraph text
- Most States recognize refugees and the principle of non-refoulement. However, many migrants also have protection needs and cannot simply be dismissed as mere "economic migrants": they may be forced to migrate to escape from poverty, widespread violence, armed conflict, or the effects of climate change (see A/67/299). Some will be at risk of torture and other serious human rights violations if returned to their countries of origin. Many migrants migrate out of a complex, and often changing, mix of voluntary and forced reasons for movement.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2013
Paragraphe
Rights of rural women 2016, para. 61
- Paragraph text
- Global food, energy, financial and environmental crises have led to the increased sale and leasing of land owned by the State or other actors to local, national and foreign investors. Such agreements, often accompanied by expropriations, have put rural women at risk of forced eviction and increased poverty and have further diminished their access to and control over land, territories and natural resources, such as water, fuelwood and medicinal plants. Displacement negatively affects rural women in multiple ways, and they often suffer gender-based violence in that context.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Gender
- Movement
- Personnes concernées
- Persons on the move
- Women
- Année
- 2016
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 16d
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Indigenous peoples' access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Water & Sanitation
- Personnes concernées
- Children
- Ethnic minorities
- Persons on the move
- Women
- Année
- 2002
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 22
- Paragraph text
- The Committee notes that during armed conflicts, emergency situations and natural disasters, the right to water embraces those obligations by which States parties are bound under international humanitarian law. This includes protection of objects indispensable for survival of the civilian population, including drinking water installations and supplies and irrigation works, protection of the natural environment against widespread, long-term and severe damage and ensuring that civilians, internees and prisoners have access to adequate water.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Water & Sanitation
- Personnes concernées
- Persons on the move
- Année
- 2002
Paragraphe
Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Année
- 2015
Paragraphe
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 52
- Paragraph text
- The Special Rapporteur notes that requirements to obtain prior authorization before gatherings related to the exploitation of natural resources - such as information sessions, consultations, public hearings and the like - not only infringe on the right to freedom of peaceful assembly, they also impede the right of affected communities to access information and participate in decision-making. In Uganda, non-governmental organizations working on oil issues are reportedly required by authorities to seek permission, in particular from the Ministry of Energy and Mineral Development before they can meet with grassroots communities, although the authorities have made efforts to remedy this situation.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- All
- Persons on the move
- Année
- 2015
Paragraphe
Occupational health 2012, para. 40
- Paragraph text
- The right to health also requires States to address the prevention and reduction of the population's exposure to harmful substances, such as pesticides, and to assess their health impacts on workers. This is particularly important with respect to migrant workers because they may have limited access to health facilities, goods and services, and may lack access to the justice system. Where there is a real and confirmed hazard, the obligation to protect the right to occupational health requires States to prohibit production, sale and use of these substances. Where there is a reasonable potential for risk, States have a duty to take appropriate measures to reduce or prevent exposure, taking into consideration both the likelihood that harm will result and the extent of that harm. This includes requiring that pesticide labels are printed in all relevant languages, and agricultural workers are provided with adequate training and information regarding the use of pesticides.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Equality & Inclusion
- Health
- Personnes concernées
- Persons on the move
- Année
- 2012
Paragraphe
The right to adequate housing in disaster relief efforts 2011, para. 47
- Paragraph text
- Restrictive measures must also conform to the principle of proportionality. This calls for a balancing act between the rights of those affected with the interests of the State in mitigating the damage and ensuring public safety. With respect to tsunami prevention for instance, any regulation preventing residents from returning to beachfront areas must be shown to be the least restrictive means of achieving public safety objectives. A State would have to show that other safety measures such as warning systems or dykes are not available or effective.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 13
- Paragraph text
- Local governments, on the other hand, tend to be assigned responsibilities for provision and management of services such as water, sanitation, electricity and other infrastructure; land-use planning, zoning and development, which relates to decisions regarding evictions, displacement and relocation; implementing programmes to upgrade informal settlements and inadequate housing; enforcing health, safety, environmental and building standards; providing local emergency shelter; putting in place or implementing disaster risk reduction and response policies; and regulating the use of public space. Even if programmes are designed and fully or partially funded by central governments, it is often local authorities that decide where housing will be built or upgraded, and determine who will be allocated housing units or receive social benefits or housing subsidy based on prescribed criteria.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Social & Cultural Rights
- Water & Sanitation
- Personnes concernées
- Persons on the move
- Année
- 2015
Paragraphe
Internal displacement in 2010: What are the major challenges? 2010, para. 73
- Paragraph text
- Arbitrary displacement can also be caused by negligence, especially where authorities fail to exercise their obligation to take all reasonable and necessary measures to protect life, physical integrity, health and property from natural disasters. The Representative notes the growing body of law holding authorities accountable for such failures. The European Court of Human Rights has ordered States to pay compensation for having negligently failed to take appropriate measures to protect people from natural or human-made hazards. The Kampala Convention also stipulates that States parties are liable to make reparation if they fail to protect and assist internally displaced persons in the event of natural disasters.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe
Internal displacement in 2010: What are the major challenges? 2010, para. 41
- Paragraph text
- Natural disasters displace more people than any other cause but their displacement tends to be shorter than conflict or violence-related displacement. The effects of climate change are likely to further increase the numbers of the disaster-displaced. Not only is climate change expected to increase the magnitude and frequency of sudden-onset disasters such as storms or flooding, but it is also likely to exacerbate slow-onset disasters, including droughts, desertification, and rising sea levels, that also force people to move. As a result of the effects of climate change, between 50 and 250 million people may move by the middle of the century on a permanent or temporary basis. Many of them will move voluntarily as part of adaptation strategies of families and communities, yet others will have no other choice but to leave their homes. Most of these displaced will stay within their country as internally displaced persons.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2010
Paragraphe
Climate change and internal displacement 2011, para. 36
- Paragraph text
- Other actors have also enriched the discussion by focusing on specific rights or the impact of climate change on particular groups. In addition to posing a direct threat to the right to life, the effects of climate change are expected to have negative implications for basic rights relating to food (A/HRC/7/5), housing (A/64/255), water and health, and affect the overall right to an adequate standard of living (A/HRC/10/61, paras. 21-38). Some of these analyses have highlighted the link between the lack of access to these rights and displacement. In the context of climate change, internally displaced persons are also a growing category of persons considered to be especially at risk, given the adverse material, social and psychological consequences commonly associated with displacement. These risks are heightened by the fact that the most serious effects of climate change, including displacement, are predicted to disproportionately affect poor regions and countries and populations already in a vulnerable situation owing to poverty and other factors.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Movement
- Personnes concernées
- All
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 72
- Paragraph text
- Agro-fuel production and programmes to preserve forest cover, which have at times been found to impinge on the rights of indigenous peoples in relation to their traditional lands and culture, are examples of how some climate change mitigation measures can have adverse consequences and lead to forced displacement. Guidelines developed to date by development actors in the context of large-scale development projects, including some which promote clean energy such as hydroelectric dams, have been criticized as well for failing to minimize displacement and sufficiently apply human rights standards.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Movement
- Personnes concernées
- Ethnic minorities
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 73
- Paragraph text
- Guiding Principles 6(c) and 7(1)(3) provide for specific standards and criteria that must be met when displacement is envisaged in a non-emergency context, such as with regard to the mitigation measures mentioned above and large-scale development projects. In the context of mitigation measures to address climate change, it will be important to assess the potential displacement likely to result from such measures and to strengthen guidelines, applying the standards in the Guiding Principles and a human rights-based approach.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 80
- Paragraph text
- Durable solutions for displaced populations should be part of national adaptation plans, and local and national capacity-building programmes, and be supported by funds made available for adaptation measures. They should also be part of national development plans. Some effects of climate change, however, may affect the types of durable solutions accessible to affected populations. In the case of certain types of slow-onset disasters, for example, return may not be a viable alternative for the foreseeable future. This highlights the need to explore various possible options early on and integrate them within national development and adaptation plans, in order to minimize the social and humanitarian consequences of spontaneous and large-scale internal displacement. In extreme situations, such as the case of some low-lying island States, where conditions are no longer fit for human habitation, durable solutions may also have to be explored through regional and international cooperative efforts, which may pave the way for new standards and options, including cross-border displacements.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 22
- Paragraph text
- The Conference of the Parties invited all parties to enhance action on adaptation under the Cancun Adaptation Framework, taking into account their common but differentiated responsibilities and respective capabilities, and specific national and regional development priorities, objectives and circumstances, by undertaking, inter alia, measures to enhance understanding, coordination and cooperation with regard to climate change-induced displacement, migration and planned relocation, where appropriate, at national, regional and international levels.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 20
- Paragraph text
- The socio-economic impact of climate change is expected to have significant consequences for the enjoyment of human rights, for the implementation of the Millennium Development Goals and for human security (A/HRC/10/61) In this context, internal displacement represents a further challenge of adaptation to the effects of climate change. In its resolution 64/162 of 18 December 2009, the General Assembly recognized natural disasters as a cause of internal displacement and voiced concern about factors, such as climate change, that were expected to exacerbate the impact of natural hazards, and climate-related slow-onset events.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 44
- Paragraph text
- At the national level, the Guiding Principles are being increasingly used by many countries to develop their domestic laws and policies (see A/HRC/13/21, para. 15, and General Assembly resolution 64/162, paras. 10 and 13). The Nansen Principles (see para. 37 above) recognize the importance of the Guiding Principles in addressing climate change-induced internal displacement at the national level. Principle VIII states: "The Guiding Principles on Internal Displacement provide a sound legal framework to address protection concerns arising from climate and other environmentally-related internal displacement. States are encouraged to ensure the adequate implementation and operationalization of these principles through national legislation, policies and institutions."
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 56
- Paragraph text
- The Special Rapporteur on the right to food for example, has analysed the adverse impact of extreme climate changes on livelihoods and food security. The impact of climate change on agricultural production in developing countries in particular, which has been well documented, will result in volatile markets and threaten the right to food for millions of people. It may be necessary to address and re-evaluate methods of agricultural production, in addition to addressing humanitarian assistance needs. Research and decisions made with regard to agricultural approaches and other measures to ensure food security and resource management will profoundly affect displacement patterns.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Food & Nutrition
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Looking forward: addressing new challenges and consolidating gains 2011, para. 65
- Paragraph text
- In addition to the individual and collective responsibility of States to put in place adequate preventive and mitigation strategies, such as measures relating to climate change adaptation and disaster risk management, States also bear responsibility for securing the human rights of persons affected directly or indirectly by related events. Amongst other things, this includes addressing food crisis brought on or aggravated by loss of arable land, droughts, floods, and loss of biodiversity, but it also entails putting in place systems of social protection for persons who have become landless, homeless, deprived of livelihoods - and more often than not also internally displaced. Humankind has more recently had an important role to play in exacerbating the onset of both natural disasters and climate-related developments, and from a human rights perspective we must assume our responsibility to address the serious human rights impact on individuals and communities.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Climate change and internal displacement 2011, para. 86
- Paragraph text
- Climate change has served to crystallize the impact of actions by individual States which go beyond the State to affect the rights of people and communities around the globe. Climate change knows no State or generational boundaries. Effective systems of international cooperation and responsible domestic governance are thus required to address it in line with human rights obligations and to support adaptation strategies to deal with the various human rights challenges, such as displacement, that it presents to the international community as a whole.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Looking forward: addressing new challenges and consolidating gains 2011, para. 62
- Paragraph text
- Practical issues, including housing, land and property rights and livelihood, which are all necessary for sustainable and durable solutions, will become even more dominant issues in this type of displacement. Indeed, with the irreversible effects (in the immediate future) of certain phenomena such as the loss of arable land or biodiversity, finding durable solutions for displaced communities may become a key challenge. Adopting a human rights approach to climate change-induced displacement provides an internationally accepted framework within which to begin a dialogue and identify rights based solutions for these difficult issues. However, further work is necessary in this regard.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2011
Paragraphe
Governance structures for internal displacement 2015, para. 50
- Paragraph text
- The Special Rapporteur noted in his report on climate change and internal displacement, "early warning mechanisms can be instrumental in minimizing damage and loss of life, as well as displacement" (A/66/285, para. 49). However, taking the example of the famine in Somalia in 2011 that resulted in waves of displacement and for which an early warning was issued some months before, he noted systemic difficulties for some States and the international community in responding proactively to early warnings to prevent a disaster, even a slow-onset disaster, and minimize its adverse impacts on populations. He reiterates that technical mechanisms such as early warning systems must be combined with strong political will and responsive governance systems that implement preparedness, disaster risk reduction and other adaptation measures in a timely manner.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Personnes concernées
- Persons on the move
- Année
- 2015
Paragraphe
Human rights of internally displaced persons in the context of the Post-2015 development agenda 2015, para. 38
- Paragraph text
- In December 2014, the synthesis report of the Secretary-General on the post-2015 sustainable development agenda highlighted "gap issues", and included explicit references to internal displacement. It calls for a transformative shift away from business as usual and proposes six "essential elements": (a) dignity: to end poverty and fight inequalities; (b) people: to ensure healthy lives, knowledge and the inclusion of women and children; (c) prosperity: to grow a strong, inclusive, and transformative economy; (d) planet: to protect our ecosystems for all societies and our children; (e) justice: to promote safe and peaceful societies and strong institutions; (f) partnership: to catalyse global solidarity for sustainable development.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Poverty
- Personnes concernées
- Children
- Persons on the move
- Women
- Année
- 2015
Paragraphe
Outcomes and commitments on internal displacement of the World Humanitarian Summit 2016, para. 85
- Paragraph text
- This means increasing international focus and cooperation on risk reduction and resilience based on the 2015 Sendai Framework and the 2015 Paris Agreement on climate change. The Summit addressed displacement in the context of disasters and climate change and participants called for the development of an international mechanism and legal framework for the protection of those displaced by the adverse impacts of climate change. The 2010 Cancun Agreements recognized climate-induced displacement, and the Special Rapporteur examined this in his report to the General Assembly in 2011 (A/66/285). Disaster-related internal displacement is closely linked with disaster-related cross-border displacement. He welcomes the Agenda for the Protection of Cross-Border Displaced Persons in the Context of Disasters and Climate Change endorsed by 110 countries in 2015 under the Nansen Initiative.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Progress and challenges relating to the human rights of IDPs 2016, para. 74
- Paragraph text
- The 2007 Basic principles and guidelines on development-based evictions and displacement provide valuable guidance in addressing the human rights implications of development-linked evictions and related displacement. They provide practical guidance to States on measures and procedures to be taken in order to ensure that development-based evictions are not undertaken in contravention of existing international human rights standards and do not thus constitute "forced evictions". The guidelines also focus on effective remedies for those whose human rights have been violated, should prevention measures fail. Independent human rights and environmental impact assessments of development and business activities likely to cause displacement should be conducted at the earliest opportunity, with their findings informing a legal project approval process and resettlement and rehabilitation programmes.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
Progress and challenges relating to the human rights of IDPs 2016, para. 98
- Paragraph text
- Disaster risk reduction and action to address climate change and its adverse effects in terms of internal displacement and other human rights issues must remain high on the international agenda. The Paris Agreement, reached after the twenty-first Conference of the Parties to the United Nations Framework Convention on Climate Change, is an essential step in the right direction that explicitly recognizes the need for individual and collective State action. That agreement must be implemented in practice by all parties.
- Organe
- Special Rapporteur on the human rights of internally displaced persons
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2016
Paragraphe
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.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Humanitarian
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2011
Paragraphe
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.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Environment
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2012
Paragraphe