A/77/189
protection and assistance to migrants, as well as discusses the pivotal role of civil and
other stakeholders in the above-mentioned contexts.
1.
Promising practices aimed at expanding and facilitating pathways for safe and
regular migration in the context of climate change
72. Under the Global Compact for Safe, Orderly and Regular Migration, regular
migration pathways for people affected by environmental drivers are explicitly
addressed and several States are taking promising steps to make such pathways a
reality. In 2020, the Intergovernmental Authority on Development 37 adopted a
protocol on the free movement of persons that includes provisions a llowing persons
affected by disasters to enter and stay in other countries in the region. In 2021, the
United States of America recommended the creation of a legal pathway for
humanitarian protection for people facing serious threats to their lives because of
climate change (A/76/642, para. 64).
73. In early 2020, the Supreme Court of Cassation of Italy found that the destruction
of a claimant’s home owing to a flood that hit large parts of Bangladesh in 2012 a nd
again in 2017 could affect the vulnerability of the applicant if accompanied by
adequate allegations and evidence relating to the possible violation of primary human
rights, which may expose the applicant to the risk of living conditions that do not
respect the core of fundamental rights that complement the dignity. In this case, the
Court argued that natural disasters can amount to compelling drivers of migration
insofar that they are able to exacerbate people’s vulnerability and to violate core
human rights. 38
74. The national policy on climate change and disaster-induced displacement of
Vanuatu focuses on how existing policy frameworks and actors can integrate mobility
arising from climate change and disasters into their existing planning and processes .
The policy contains 12 strategic priority areas, including on information and
monitoring; safeguards and protections; capacity-building, training and resources;
and land, housing, planning and environment. Furthermore, Vanuatu has established
a Gender and Protection Cluster within the Ministry of Justice and Community
Services, which serves to ensure that the needs of vulnerable groups are addressed
during instances of internal displacement. 39
75. In Switzerland, article 83 of the Federal Act on Foreign N ationals and
Integration, to which article 44 of the Federal Act refers, provides that provisional
admission may be granted when the execution of a removal order is in fact neither
possible nor lawful, as the person concerned is in real danger in situation s, such as in
case of war, generalized violence or medical necessity, in his or her country of origin
or provenance. Nonetheless, the Federal Council has stated its position on the
applicability of this regulation to displacement owing to natural disasters and the
adverse effects of climate change. It has explained that Switzerland can provisionally
admit people whose return is not reasonably required owing to environmental
events. 40
76. In Mexico, the migration legislation provides for the possibility of i ssuing a
visitor’s visa for humanitarian reasons to applicants who have Mexican or foreign
relatives temporarily or permanently residing in the country. The visa may be
requested by their relatives or by any agency of the federal, state or municipal public
administration so as to allow the entry of foreigners who are victims of a natural
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18/23
Member States: Djibouti, Ethiopia, Eritrea, Kenya, Somalia, South Sudan, the Sudan and
Uganda.
Submission by Sant’Anna School of Advanced Studies.
Submission by Vanuatu.
Submission by Switzerland.
22-11278