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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.
D.
International law and climate-change-induced migration
1.
Responses in the present human rights regime
54. Although there is no one international human rights treaty designed to deal
specifically with environmentally induced migrants, existing human rights law
provides a range of situations that respond to their needs and rights. Indeed, human
rights law already provides robust protection for migrants who are moving for
multiple reasons. What is required, however, is a more concerted and concrete
application of those norms to the situation of climate-change-induced migrants, and
specific attention to the vulnerability of migrants in this particular context.
55. Under the International Covenant on Civil and Political Rights, 20 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 21 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, 22 among other basic rights, including the right to an
adequate standard of living and health. 23 In particular, the Special Rapporteur notes
that the well-established principles of non-discrimination established in both
treaties 24 may require States to develop specific policies and programmes, taking
into account the particular circumstances and needs of climate-change-induced
migrants.
56. The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families 25 explicitly applies the rights elaborated in
the International Bill of Rights to the specific situation of migrant workers and
members of their families. Entering into force in 2003, the Convention has now
been ratified by 45 States, and the Special Rapporteur urges its prompt ratification
by all remaining States. Furthermore, several conventions negotiated under the
auspices of the International Labour Organization contain important provisions
reaffirming the human rights of migrants. 26
57. The Special Rapporteur notes further the obligation to provide humanitarian
relief to persons affected by climate change. Such assistance should support
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United Nations, Treaty Series, vol. 2296, No. 40906.
See resolution 2200A (XXI), annex.
United Nations, Treaty Series, vol. 2296, No. 40906, art. 6.
See resolution 2200A (XXI), annex, arts. 11 and 12.
United Nations, Treaty Series, vol. 2296, No. 40906, art. 2 and resolution 2200A (XXI), annex,
art. 2.
United Nations, Treaty Series, vol. 2220, No. 39481.
For example, the Convention concerning Migration for Employment (revised) (1949) (ILO
C97); Migrant Workers (Supplementary Provisions) Convention, 1975 (ILO C143).
13