A/HRC/17/33
57.
The Special Rapporteur would also like to note that in some cases, NAPAs identify
migration as an adaptation strategy in itself. This perspective appears in two contexts. First,
in some countries migration is seen as a way to reduce population pressures in places with
fragile ecosystems. Second, some countries recognize that resettlement of some populations
may be inevitable, given the likely trends, and should be accomplished with planning. More
relevant would be the second type of adaptation strategy involving migration – resettlement
to mitigate the harm accompanying climate change, particularly flooding and rising sea
levels. In the NAPA of Samoa, for example, it states that relocation of families is a current
adaptation strategy in the village community sector. Potential adaptation activities in the
NAPA include assistance for relocation of communities inland. A plan entitled Implement
Coastal Infrastructure Management Plans for Highly Vulnerable Districts Project22
envisions incremental relocation of community and government assets outside coastal
hazard zones.
58.
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.
59.
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”.23
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.24
22
23
24
14
See NAPA Priority Project 7: Implement Coastal Infrastructure Management Plans for Highly
Vulnerable Districts Project ; at:
http://unfccc.int/files/adaptation/napas/application/pdf/29_samoa_pp.pdf.
USA Immigration Act of 1990; available at: http://www.justice.gov/eoir/IMMACT1990.pdf.
See note 5 above, pp. 374 – 377.