A/67/299 equality of climate-change-induced migrants with other individuals within their jurisdiction. 77. Regional cooperation on climate-change-induced migration will be essential. With the support and assistance of international organizations and international financial institutions, and as part of a coherent and negotiated regional sustainable adaptation strategy, bilateral and multilateral agreements should facilitate specific regional climate-change-induced migration movements, in order to relieve the pressure on the States of origin and provide for orderly movements into States of destination. Such agreements should provide for the guarantee of the dignity and human rights of migrants, as provided for in international law, and include the active participation of local civil society organizations and international NGOs. 78. Furthermore, courts at the regional and domestic levels can also play an important role in protecting the rights of climate-change-induced migrants. As irregular and vulnerable migrants are not part of the local polity, they largely have no voice in the political arena and rarely dare protest. In the face of increasingly strident anti-immigration political discourse, it is often the judiciary that can best protect migrants’ rights. Access to justice becomes a key factor in imposing sanctions for human rights violations and reducing migrants’ vulnerability. 2. Responsibility of the international community 79. The Special Rapporteur further observes that, beyond those States affected by climate-change-induced migration, whether States of origin, transit or destination, all States have the international responsibility to protect the human rights of foreign populations whose State is unable to do so. Respecting the basic human rights of climate-change-induced migrants should be considered as a basic tenet of international cooperation, defined by the purposes of the United Nations in Article 1 (3) of the Charter. In this regard, the existing human rights legal framework provides important protections to migrants, including through the monitoring and standard-setting functions of human rights mechanisms. 80. Beyond an overall responsibility of international cooperation, some other principles of international law may provide stronger impetus for all countries to protect migrants. In this regard, international environmental law provides some further guidance that can be drawn upon in the climate-migration context. In 1941, the Trail Smelter arbitral award established that, “under the principles of international law, [...] no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence”. 35 The “no harm” principle has __________________ 35 12-46071 Trial Smelter case (United States of America v. Canada) United Nations, Reports of International Arbitral Awards, vol. III, p. 965; see also Corfu Channel case (United Kingdom v. Albania), Merits, Judgement, I.C.J. Reports 1949, p. 4, at p. 23; Legality of the Threat or Use of Nuclear Weapons case, Advisory Opinion (1996) P.C.I.J. (Ser. A/B) No. 226 at 241; GabčíkovoNagymaros Project (Hungary v. Slovakia) at 41. 19

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