A/67/299
environmentally induced migrants around the time of their displacement and may
take different forms, either as an emergency response to a sudden disaster, or
planned in advance to accompany steady movements of migrants or to assist
resettlement. Humanitarian relief should aim at ensuring the most basic rights of
environmentally induced migrants, be premised on human rights principles and pay
due regard to the fundamental principles of non-discrimination, participation,
empowerment and accountability.
58. In the context of internal displacement, the Guiding Principles on Internal
Displacement also provide a strong legal framework and restate relevant hard law,
such as the Operational Guidelines on the Protection of Persons in Situations of
Natural Disasters and the Framework on Durable Solutions for Internally Displaced
Persons. In this regard, the Special Rapporteur refers to the report of the Special
Rapporteur on the human rights of internally displaced persons (A/66/285), which
analysed in detail the applicability of those principles in relation to climate-changeinduced internal displacement.
2.
Inadequacy of existing categories
59. Beyond the general norms of international human rights law, the Special
Rapporteur observes that some of the definitional complexities around climatechange-induced migration are telling of the limitations of the current paradigm in
which migration is largely framed within the context of international law. Political
discourse has traditionally juxtaposed categories of the voluntary economic
migrant — who is generally understood to be willingly migrating for economic
reasons in search of a better life and whose migration is generally governed by the
traditional rules based on territorial sovereignty — and asylum seekers and
refugees — who are persons forced to migrate, fleeing persecution and deserving of
international protection, including specific guarantees considered as exceptions to
the “normal” regime governed by territorial sovereignty.
60. It must be acknowledged that many climate-change-induced migrants will fall
in-between such categories. Many will be willingly moving, in anticipation of
impending climate-change-induced economic disaster, and many will move only
when becoming victims of a disastrous environmental event. For others, the
compulsion to move will relate to the need to ensure food security or adequate
access to basic services, such as water and sanitation, perhaps combined with a
desire to reunite with family members abroad. Of those who do, many will move
towards other disaster-prone areas. Many more will probably have no migration
capability and will remain in disaster-prone areas: States will have to acknowledge
that forced migration may encompass a range of situations and may need to
recalibrate their rules to provide protection, assistance and migration opportunities
for such persons.
61. One category of climate-change-induced migrants may be easier to position
within the framework of refugee law — those for whom the direct impact of climate
change triggers persecution and conflict, for example, as a result of tensions over
resources, which exacerbate discrimination and human rights violations. Indeed, the
security dimension of climate change has attracted increasing international attention
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