32
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
PART A
Global Recommendations on Nationality and Statelessness in the Context of Climate Change
5. GUIDING PRINCIPLES
PART A
Right to life with dignity
5.6 Cooperation among States and ‘other members of the international
community’40 is critical not only to addressing the adverse impacts
of climate change, but to protecting persons and communities
affected by these impacts. This includes safeguarding every
person’s right to a nationality by, inter alia, improving understanding
and analysis of loss of nationality and statelessness in the context
of climate change, offering international protection to affected
persons, and ensuring compliance of laws and policies with
international standards to prevent and reduce statelessness and
to protect stateless persons, including through the exchange of
good practices. The duty to cooperate is particularly relevant in the
context of cross-border movement of people as a consequence or
in anticipation of the adverse impacts of climate-related hazards.
5.4 The right to life with dignity requires that individuals are not
arbitrarily or unlawfully deprived of life and are able to live in a
manner that respects their inherent worth and value.30 The right to
life with dignity requires having access to basic necessities such
as food, water, shelter, and healthcare.31 It also includes being
free from discrimination, torture, and cruel, inhuman or degrading
treatment or punishment.32 Because of the severe impact of
statelessness on basic rights closely associated with both the
right to a nationality and the right to life with dignity, the Global
Recommendations are driven by the imperative of avoiding loss of
nationality which leads to statelessness, and ensuring respect for
the rights of those who are already stateless, which includes the
provision of realistic and timely pathways to nationality.
Duty of international cooperation
5.5 The international duty to cooperate obliges States to work together
to achieve common goals and solve shared problems, including to
promote and encourage respect for and observance of human rights,
to address matters of international environmental concern33, and to
coordinate efforts to help States affected by disasters.34 Articles 1,
55, and 56 of the Charter of the United Nations establish the duty
of States to cooperate in addressing economic, social, cultural, and
humanitarian issues and in promoting human rights.35 The principle
is also embedded in the Universal Declaration of Human Rights,36
multiple international human rights treaties37, and regional
instruments designed to protect the right to a nationality and
address statelessness.38 As the ICJ noted in its Advisory Opinion,
cooperation in addressing sea-level rise and its adverse effects is
‘not a matter of choice for States but a legal obligation.’39
5. GUIDING PRINCIPLES
Right to participate
5.7 The right of individuals to participate in public affairs,41 and to
actively engage in promoting and protecting human rights and
participate in international law-making,42 is particularly relevant to
those who are stateless or experiencing displacement because
‘[r]esponses are most effective when they actively and meaningfully
engage those they are intended to protect and assist.’43
5.8 In the context of climate change, persons who are stateless,
persons without a recognized nationality status, and persons at risk
of statelessness should have the right to participate meaningfully
in decisions that affect them directly or indirectly. This right should
extend to climate-related decision-making processes, including
climate adaptation planning, disaster preparedness and response
strategies. For these affected individuals and communities,
the right to participate meaningfully includes considering the
expertise, experience, and information they contribute through
their participation; ensuring that they have access to information
in appropriate languages, format and technologies that facilitate
their right to participate; and ensuring that their participation is
adequately supported and resourced.44
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents