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86. The Special Rapporteur particularly emphasizes the need for robust
national, regional and international efforts to avoid human rights violations of
individuals in the context of climate change. Small island developing States of
the Pacific region are at extreme risk of being submerged by rising sea levels.
Even before that risk is realized, conditions of life, health and housing in such a
region may become incompatible with the right to life with dignity. States have
the capacity to reduce adversity and build resilience through inclusive, rightsbased mitigation, risk reduction and adaptation, and evidence-based approaches
that prevent the negative impacts of climate change on human rights.
87. It is important to note that planned relocation can help to respond to the
predicted adverse effects of climate change by moving individuals and
communities to safe areas. However, it should be a measure of last resort. States
must refrain from, and protect against, forced evictions by ensuring that any
relocation of persons is grounded in human rights, including the right to
adequate housing. Planned relocation should also involve the meaningful and
informed participation of all affected persons, including migrants and receiving
communities, and maintain their previous living standards.
88. With reference to national laws and policies for migrants’ admission and
stay in this context, the Special Rapporteur notes that some laws and policies of
indirect relation are in place and could be and are being applied. However, in the
absence of explicit recognition of climate change-related challenges and
migrants’ protection needs in the context of climate change, the latter is not
guaranteed. Efforts to identify temporary and permanent protection for persons
from countries of origin affected by climate change is still lacking. The Special
Rapporteur therefore calls for the implementation of objective 5 of the Global
Compact for Safe, Orderly and Regular Migration on the availability and
flexibility of pathways for regulation migration, in particular on permanent
protection for migrants unable to adapt or return to their countries owing to loss
and damage associated with climate change.
89. The Special Rapporteur takes note of some progress on the recognition of
internal human mobility challenges as a key step towards addressing the risks of
cross-border migration in the context of climate change. Nonetheless, he believes
that greater attention could be devoted in national instruments to both the
challenges and opportunities associated with climate change-related migration,
in full accordance with international human rights law instruments and climate
change-related policy frameworks, including the Global Compact for Safe,
Orderly and Regular Migration.
90. The Special Rapporteur urges States to ensure access to justice,
accountability and access to remedies for human rights harms caused by climate
change. If persons crossing borders in response to the adverse effects of climate
change fall outside the specific legal category and have no other access to safe,
orderly or regular migration, it becomes critical to ensure that their human
rights are respected, protected and fulfilled. In this regard, the Special
Rapporteur encourages States to develop grounds for stay and admission aimed
at providing protection for migrants compelled to move owing to the adverse
drivers of climate change.
91.
The Special Rapporteur recommends that States:
(a) Ensure that they respect, protect and fulfil, in the design and
implementation of climate change-related migration policies, the rights of all
migrants, including through awareness-raising and by ensuring access to
education and environmental information, and public participation in decisionmaking of all affected individuals and communities, including women, LGBT
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