Towards a Prevention-Driven Adaptation Strategy, as Applied to Indigenous Peoples’ Internal Climate Migration: Some Inputs Based on a Rights-Based Approach

Abstract

Climate change-induced migration as a phenomenon is frequently reported and ever more evident. This phenomenon is expected to exacerbate as climate change impacts are susceptible to amplification. Against this background, some scholars contend that climate change induced migration is the result of a successful adaptation strategy. In this chapter, this claim is challenged for not taking into account climate migration diversity, such as the case of Indigenous Peoples being forced to leave their traditional lands or territories and resettle internally. The argument put forward is that a rights-based approach calls for preventative adaptation measures. This chapter builds on the Inter-American Court of Human Rights’ case law and the Mexican case to illustrate the argument. Insights gained from engaging in this research are as follows. First, a rights-based approach calls for preventive adaptation measures based on Indigenous Peoples’ relationship with their lands and territories which goes beyond lands and territories’ mere geographical dimension but encompasses spiritual, cultural and historical dimensions. Second, a rights-based approach provides Guiding Principles that apply to preventative adaptation processes and the climate migration scenarios identified by Prof. Walter Kälin where a prevention approach applies (sudden-onset disasters, slow-onset environmental degradation, “sinking” small islands, and “unrest seriously disturbing public order, violence or even armed conflict”). Those Guiding Principles stem from the positive obligations and horizontal effect doctrines. Concretely, they range from environmental protection measures to natural resources management to avoid socio-environmental conflicts.