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impacts of climate change to persecute particular groups or individuals; or (c) serious
human rights violations or armed conflict triggered by climate change causes people
to flee based on a well-founded fear of persecution. In those cases, protection relates
to the action/inaction by national authorities that constitutes persecution on prohibited
grounds rather than the adverse effects of climate change. In rare circumstances, the
Convention relating to the Status of Stateless Persons might also provide protection
for people fleeing climate change; however, it should be noted that it does not apply
to or respond to the needs of most people fleeing the adverse effects of climate change
(A/HRC/38/21, paras. 25 and 32).
20. Broader definitions of the term “refugee” have been adopted at the regional level
in the Organization of African Unity Convention Governing the Specific Aspects of
Refugee Problems in Africa and the Cartagena Declaration on Refugees, thus
increasing the possibility of refugee status and protections applying to persons
displaced by climate change. Under article I (2) of the Convention Governing the
Specific Aspects of Refugee Problems in Africa, refugee status is extended to persons
who, owing to events seriously disturbing public order, are compelled to seek refuge
outside their country of origin or nationality. Similarly, in article III (3) of the
Cartagena Declaration on Refugees the definition is extended to persons who have
fled their country because their lives, safety or freedom have been threatened by
massive violation of human rights or circumstances which have seriously disturbed
public order (A/HRC/38/21, para. 26).
2.
Policy frameworks
21. In the United Nations Framework Convention on Climate Change, its Kyoto
Protocol and the Paris Agreement, States are called upon to act jointly and separately
to mitigate climate change and adapt to its adverse effects. Although the Framework
Convention does not explicitly address migration, in the preamble to the Paris
Agreement States are called upon to respect, promote and consider the rights of all
persons in vulnerable situations, including migrants, when taking climate action.
Similarly, State measures to address climate change must protect the rights of those
most vulnerable to its impacts, including those whose vulnerabilities may render them
unable to move.
22. It must be acknowledged that the work of the Conference of the Parties to the
Framework Convention and its subsidiary bodies, including the Task Force on
Displacement of the Warsaw International Mechanism for Loss and Damage
associated with Climate Change Impacts, serves to provide a forum for discussing
issues relating to the protection of those displaced owing to the adverse effects of
climate change. The Task Force and the Executive Committee of the Mechanism are
mandated to develop recommendations for integrated approaches t o avert, minimize
and address displacement in the context of climate change ( A/HRC/38/21, para. 29).
23. In the 17 Sustainable Development Goals and 169 related targets of the 2030
Agenda for Sustainable Development, the importance of including migration in
development strategies in order to commit to protecting the rights of all migrants and
leaving no one behind is explicitly recognized. For instance, Goal 6 on clean water
and sanitation is relevant because both climate change and migratory patterns have
the capacity to significantly affect water resources. In Goal 7 on access to affordable
and clean energy the importance of managing local energy development planning in
tandem with migration policy to address the economic and environmental drivers of
migration, thereby facilitating environmentally sustainable socioeconomic
opportunities for migrants, is highlighted. Goal 13 is on taking urgent action to
combat climate change and its impact. Goal 15 on life o n land is especially important
when considering the impacts – both positive and negative – of migration upon local
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