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