A/77/189 29. In the light of the above-mentioned legal instruments and policy frameworks, the Special Rapporteur takes the opportunity to emphasize that States have obligations, including extraterritorial obligations, to respect, protect and fulfil all human rights of all peoples, including migrants. He specifically notes an increasing number of people being compelled to migrate owing to the hazardous, inadequate living conditions provided by their States of origin, which lead to the escalation of hydrometeorological disasters, evacuations of areas at high risk of disasters, environmental degradation, the disappearance of small island States as a result of rising sea levels, and an increase in conflicts over access to resources. 30. The Special Rapporteur notes with concern the insufficient pathways for regular migration, especially for climate-driven migration, putting migrants at risk. It is important to recognize the right to liberty and freedom of movement for all persons as a right to ensure that people can move away from areas affected by climate change to avoid or reduce climate impacts and build resilience. States have an obligation to provide access to regular status when the return of a migrant may be in breach of human rights obligations, including, but not limited to, the principle of non-refoulement under international human rights law. C. Adverse effects of climate change, cross-border migration and human rights challenges 31. Climate change, specifically slow-onset and sudden-onset events, can negatively affect an array of human rights. The increased vulnerabilities of migrants caused by the adverse effects of climate change and the need for approaches that respect, protect and fulfil human rights are well documented. Risks to human rights in situ contribute to vulnerabilities, which consequently can act as a driver of migration. There are also specific impacts on the human rights of migrants that need to be addressed, including a lack of rights protection for migrants at all stages o f their journey, in particular when gaining admission to other countries. 6 Climate changerelated migration is multicausal and complex, as it interacts with a wide range of factors that influence a decision to move and the degree to which that decision is voluntary. It further interacts with factors such as violations of economic, social, cultural, civil and political rights, conflicts, and multiple and intersecting forms of discrimination. The Special Rapporteur will briefly describe the rights implicatio ns of the adverse effects of climate change, including the challenges they pose. 1. Climate change and cross-border migration: drivers and responses 32. Climate change can constrain resources and access to rights and needs and pose a threat to human life. Climate change and slow-onset processes can also affect nutrition through disruption of food systems and sources, loss of livelihoods and increases in poverty. Moreover, when salinization or desertification reduces agricultural outputs or results in crop failure, access to adequate food is put at risk. The impacts on food sources are compounded in places where malnutrition and hunger are already problems. 7 33. As the then Special Rapporteur on the right to food highlighted in her report entitled “Critical perspective on food systems, food crises and the future of the right to food” (A/HRC/43/44), an estimated half of the world’s 854 million hungry people live in already degraded lands, degradation which will be exacerbated by climate change. Furthermore, food insecurity can lead to migration, which is often precarious __________________ 6 7 8/23 See https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/OHCHR_slow_onset_ of_Climate_Change_ENweb.pdf. Ibid. 22-11278

Select target paragraph3