A/77/189 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 22-11278 21/23

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