A/HRC/17/33
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.
3.
Proposals from the Special Rapporteur
60.
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.
61.
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.25 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.
62.
Finally, a larger investment in the development of research methodologies could be
developed. These newly adopted methods can be shared among Governments, researchers
and affected communities to generate long-lasting benefits for appropriate policy reform.
B.
Political participation and civil rights of migrants
63.
Modern democratic States have traditionally regarded citizenship as fundamental in
the distribution of important rights and benefits. However, many rights previously enjoyed
only by nationals have been granted to all inhabitants, resulting in an increased involvement
in terms of political participation and certain confusion in the different countries of
destination of migrants. A short outlook of policies of integration of migrants and brief
discussion of issues would underscore the need for more thorough and comprehensive
discussion and review of the questions affecting the rights of migrants.
25
See note 5 above, p. 340.
15