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equality of climate-change-induced migrants with other individuals within their
jurisdiction.
77. Regional cooperation on climate-change-induced migration will be essential.
With the support and assistance of international organizations and international
financial institutions, and as part of a coherent and negotiated regional sustainable
adaptation strategy, bilateral and multilateral agreements should facilitate specific
regional climate-change-induced migration movements, in order to relieve the
pressure on the States of origin and provide for orderly movements into States of
destination. Such agreements should provide for the guarantee of the dignity and
human rights of migrants, as provided for in international law, and include the active
participation of local civil society organizations and international NGOs.
78. Furthermore, courts at the regional and domestic levels can also play an
important role in protecting the rights of climate-change-induced migrants. As
irregular and vulnerable migrants are not part of the local polity, they largely have
no voice in the political arena and rarely dare protest. In the face of increasingly
strident anti-immigration political discourse, it is often the judiciary that can best
protect migrants’ rights. Access to justice becomes a key factor in imposing
sanctions for human rights violations and reducing migrants’ vulnerability.
2.
Responsibility of the international community
79. The Special Rapporteur further observes that, beyond those States affected by
climate-change-induced migration, whether States of origin, transit or destination,
all States have the international responsibility to protect the human rights of foreign
populations whose State is unable to do so. Respecting the basic human rights of
climate-change-induced migrants should be considered as a basic tenet of
international cooperation, defined by the purposes of the United Nations in Article 1
(3) of the Charter. In this regard, the existing human rights legal framework
provides important protections to migrants, including through the monitoring and
standard-setting functions of human rights mechanisms.
80. Beyond an overall responsibility of international cooperation, some other
principles of international law may provide stronger impetus for all countries to
protect migrants. In this regard, international environmental law provides some
further guidance that can be drawn upon in the climate-migration context. In 1941,
the Trail Smelter arbitral award established that, “under the principles of
international law, [...] no State has the right to use or permit the use of its territory in
such a manner as to cause injury by fumes in or to the territory of another or the
properties or persons therein, when the case is of serious consequence and the injury
is established by clear and convincing evidence”. 35 The “no harm” principle has
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Trial Smelter case (United States of America v. Canada) United Nations, Reports of
International Arbitral Awards, vol. III, p. 965; see also Corfu Channel case (United Kingdom v.
Albania), Merits, Judgement, I.C.J. Reports 1949, p. 4, at p. 23; Legality of the Threat or Use of
Nuclear Weapons case, Advisory Opinion (1996) P.C.I.J. (Ser. A/B) No. 226 at 241; GabčíkovoNagymaros Project (Hungary v. Slovakia) at 41.
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