OIM - OIM - Implementing the Commitments Related to Addressing Human Mobility in the Context of disasters

IMPLEMENTING THE

COMMITMENTS

RELATED TO

ADDRESSING

HUMAN MOBILITY

IN THE CONTEXT OF

DISASTERS, CLIMATE

CHANGE AND

ENVIRONMENTAL

DEGRADATION

A Baseline Analysis Report under the Global Compact for Safe, Orderly and Regular Migration Updated Edition (Phase II)The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the publication do not imply expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. _____________________________ Publisher: International Organization for Migration 17 route des Morillons P.O. Box 17 1211 Geneva 19

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Email: hq@iom.int Website: www.iom.int Cover photo: Sirajganj, community affected by river erosion. Many people were displaced several times due to the river erosion. © IOM 2016/Amanda NERO Required citation: Serraglio, D.A., F.S. Cavedon-Capdeville, G.M. Pinheiro and L. Yamamoto (2024). Implementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation: A Baseline Analysis Report under the Global Compact for Safe, Orderly and Regular Migration. Updated Edition (Phase II). International Organization for Migration (IOM) and Platform on Disaster Displacement, Geneva. _____________________________

ISBN 978-92-9268-932-2 (PDF)

Change and Environmental Degradation: A Baseline Analysis Report under the Global Compact for Safe, Orderly and Regular Migration. Updated Edition (Phase II). International Organization for Migration (IOM) and Platform on Disaster Displacement, Geneva. _____________________________

ISBN 978-92-9268-932-2 (PDF)

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PUB2024/049/EL

IMPLEMENTING THE COMMITMENTS

RELATED TO ADDRESSING HUMAN MOBILITY

IN THE CONTEXT OF DISASTERS, CLIMATE CHANGE

AND ENVIRONMENTAL DEGRADATION

A Baseline Analysis Report under the Global Compact for Safe, Orderly and Regular Migration Updated Edition (Phase II) by Diogo Andreolla Serraglio, Fernanda de Salles Cavedon-Capdeville, Giulia Mancini Pinheiro and Lilian YamamotoIMPLEMENTING THE COMMITMENTS

RELATED TO ADDRESSING HUMAN MOBILITY

IN THE CONTEXT OF DISASTERS, CLIMATE CHANGE

AND ENVIRONMENTAL DEGRADATION

A Baseline Analysis Report under the Global Compact for Safe, Orderly and Regular Migration Updated Edition (Phase II) by Diogo Andreolla Serraglio, Fernanda de Salles Cavedon-Capdeville, Giulia Mancini Pinheiro and Lilian YamamotoImplementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation iii ACKNOWLEDGEMENTS T his updated edition was prepared by

Giulia Mancini Pinheiro and Lilian YamamotoImplementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation iii ACKNOWLEDGEMENTS T his updated edition was prepared by Diogo Andreolla Serraglio, Fernanda de Salles Cavedon-Capdeville, Giulia Mancini Pinheiro and Lilian Yamamoto, independent consultants for IOM and the Platform on Disaster Displacement (PDD), as part of the project titled Baseline Mapping on the Implementation of Commitments Related to Addressing Human Mobility Challenges in Disaster and Climate Change Contexts under the Global Compact for Safe, Orderly and Regular Migration – Phase II. The Project is implemented by IOM and PDD and funded by the Federal Ministry of Germany on Economic Cooperation and Development (BMZ) through the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), as well as the Government of France. The Project is a direct output of the United Nations Network on Migration 2021–2022 workplan under Thematic Priority 4 on Climate Change and Migration, and an activity of the 2019–2022 workplan of the PDD. The Phase II of the Project aimed at the following: (a) enhancing the Global Compact for Migration baseline analysis; (b) publishing the improved database initially developed in the previous phase; and (c) strengthening the capacity of governments on the tool. The development of Phase II of the Project benefited from the valuable inputs and feedback from Ileana Sînziana Pușcaș (IOM) and Timo Schmidt (PDD), as well as the support of Hugo Brandam (IOM) and Cecilia Zerbini de Carvalho Martins (IOM). IOM regional thematic specialists supported the selection of the 31 countries for the detailed analysis, with particular thanks to Hind Aissaoui Bennani, Lisa

of Hugo Brandam (IOM) and Cecilia Zerbini de Carvalho Martins (IOM). IOM regional thematic specialists supported the selection of the 31 countries for the detailed analysis, with particular thanks to Hind Aissaoui Bennani, Lisa Lim Ah Ken, Masako Ueda, Pablo Escribano and Soumyadeep Banerjee. The online database (CLIMB Database) was designed and implemented by the IOM team supporting the Migration Network Hub, namely Baris Yalcinkaya, Bethany Donithorn, Guillermo Cereza, Kerry-Lynn Maze, Muhammad Omar Farooq, So Young Chang and Florence Kim (United Nations Network on Migration Secretariat). Colleagues from IOM Kenya (Janet Valverde and Noora Katriina Makela) and the National Coordination Mechanism on Migration of Kenya (George Mwachiro) supported the organization of the capacitybuilding activity with national authorities in Kenya to evaluate the implementation of the Global Compact for Migration commitments relevant to the topic.Implementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation v CONTENTS Acknowledgements iii List of figures, tables and text boxes vi List of acronyms and abbreviations ix Introduction xi Part A. Updated results of Phase II 1

1. Overview of the updated global database 1 1.1. Key insights from the updated global database 11

2. Mapping the baseline in 52 countries 14 2.1. Overall results in relation to the Global Compact for Migration commitments 16 2.2. Key insights from mapping the baseline in 52 countries 29

3. Regional approaches 31 3.1. Africa and the Arab States 34 3.2. Asia and the Pacific 36 3.3. Europe and North America 38 3.4. Latin America and the Caribbean 39 3.5. Key insights from the regional findings 40

Part B. New developments from Phase II 45

3.1. Africa and the Arab States 34 3.2. Asia and the Pacific 36 3.3. Europe and North America 38 3.4. Latin America and the Caribbean 39 3.5. Key insights from the regional findings 40 Part B. New developments from Phase II 45

1. Development and launch of the CLIMB Database 45

2. Enhancing the indicators analytical framework for measuring the implementation and results of national policies and legal instruments 47 2.1. Key insights from measuring the implementation and results of national policies and legal instruments 50

3. Supporting Kenyan national authorities in evaluating the implementation of Global Compact for Migration commitments 51 3.1. Mapping the baseline in Kenya: Overview of national policy and legal frameworks 51 3.2. Overall results in relation to the Global Compact for Migration commitments 54 3.3. Implementing capacity-building for the application of indicators to assess the alignment of national policies and legislation to the Global Compact for Migration 58 3.4. Key insights from the implementation of the capacity-building activity 59

Annex 63Figure 1. Global distribution of countries included in the updated database 2 Figure 2. Identified national instruments by United Nations region 2 Figure 3. Distribution of identified national instruments by United Nations region 3 Figure 4. Distribution of identified national instruments by the Global Compact for Migration region 3 Figure 5. Comparative insights on the typology of national instruments 4 Figure 6. Comparative insights on the thematic policy areas of national instruments 5 Figure 7. T emporal distribution of identified national instruments by decade 6 Figure 8. T emporal distribution of identified national instruments by year since 2000 6 Figure 9. Comparative insights on the status of national instruments 7 Figure 10. Comparative insights on relevance of national instruments to Global Compact for Migration Objectives and actions 10 Figure 11. Countries selected for the detailed review of Phases I and II 14 Figure 12. Existence of relevant provisions within countries reviewed in Phases I and II 16

Figure 10. Comparative insights on relevance of national instruments to Global Compact for Migration Objectives and actions 10 Figure 11. Countries selected for the detailed review of Phases I and II 14 Figure 12. Existence of relevant provisions within countries reviewed in Phases I and II 16 Figure 13. Existence of instruments and provisions in relation to the indicators and Global Compact for Migration actions from Objective 2 17 Figure 14. Existence of instruments and provisions in relation to the indicators and Global Compact for Migration actions from Objective 2 18 Figure 15. Existence of instruments and provisions in relation to the indicators and Global Compact for Migration actions from Objective 5 23 Figure 16. Number of regional instruments in Phases I and II 32 Figure 17. T ypology of regional instruments in Phases I and II 33 Figure 18. Comparative insights on the thematic policy areas of Phase II regional instruments 33 Figure 19. Geographical distribution of regional instruments in Phases I and II 34 Figure 20. Existence of instruments and provisions in relation to the indicators and Global Compact for Migration objectives and actions in Kenya 57 Table 1. National instruments governing human mobility that address protection and assistance needs of people displaced internally or across borders following disasters: Examples from Phase II (non-exhaustive) 8 Table 2. Regional distribution of the 52 countries selected for the detailed review (based on the Global Compact for Migration regional review groupings) 15 Table 3. Highlighted examples of national instruments related to the actions of Global Compact for Migration Objective 2 22 Table 4. Regional instruments with direct provisions on human mobility in the context of disasters, climate change and environmental degradation identified in Africa during Phase II 36 Contents vi LIST OF FIGURES, TABLES AND TEXT BOXESImplementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation vii Table 5. Bilateral and regional instruments with direct provisions on human mobility in the context of disasters, climate change

vi LIST OF FIGURES, TABLES AND TEXT BOXESImplementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation vii Table 5. Bilateral and regional instruments with direct provisions on human mobility in the context of disasters, climate change and environmental degradation identified in Asia and the Pacific during Phase II 37 Table 6. Regional instruments with direct and indirect provisions on human mobility in the context of disasters, climate change and environmental degradation identified in Europe and North America during Phase II 38 Table 7. Regional instruments with direct and indirect provisions on human mobility in the context of disasters, climate change and environmental degradation identified in Latin America and the Caribbean during Phase II 39 Table 8. Specific Latin American and the Caribbean guidance instruments on human mobility in the context of disasters, the adverse effects climate change and environmental degradation identified in Phase I 40 Table 9. Indicators relevant to human mobility in the context of disasters identified in all regions 41 Table 10. Process/effectivity and outcome indicators developed to specific indicators from Phase I 49 Table 11. Key political and normative instruments with direct (specific and general) reference to human mobility in disaster and climate change contexts (non-exhaustive) 53 T ext box 1. Comparative insights on cross-cutting issues 11 T ext box 2. Main trends and gaps from the updates on the global database from Phase I to Phase II 11 T ext box 3. Recommendations from the global database 13 T ext box 4. National instruments for admission and stay for migrants from countries affected by sudden-onset disasters (Phase II) 24 T ext box 5. Main trends and gaps from the application of the limited set of indicators to 52 countries 30 T ext box 6. Recommendations from the baseline mapping 30 T ext box 7. Recommendations from the regional findings 42 T ext box 8. Recommendations for the CLIMB Database 46 T ext box 9. Recommendations on effectivity and outcome indicators 50

of indicators to 52 countries 30 T ext box 6. Recommendations from the baseline mapping 30 T ext box 7. Recommendations from the regional findings 42 T ext box 8. Recommendations for the CLIMB Database 46 T ext box 9. Recommendations on effectivity and outcome indicators 50 T ext box 10. Recommendations derived from the discussions about the revision of the methodology and results of the application of the indicators in Kenya 60 T ext box 11. Recommendations derived from the discussions about the development of process/effectivity and output indicators in Kenya 61Implementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation ix

LIST OF ACRONYMS AND ABBREVIATIONS

AEC African Economic Community ASEAN Association of Southeast Asian Nations DRM disaster risk management DRR disaster risk reduction EAC East African Community ECOWAS Economic Community of West African States GCC Gulf Cooperation Council GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit IDP internally displaced person IGAD Intergovernmental Authority on Development IOM International Organization for Migration NAP National Adaptation Plan NDC Nationally Determined Contribution OHCHR Office of the United Nations High Commissioner for Human Rights PDD Platform on Disaster Displacement SADC Southern African Development CommunityImplementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation xi I n 2018, States adopted the Global Compact for Safe, Orderly and Regular Migration (also referred to as the Global Compact for Migration), a historical nonbinding international agreement proposing a common and comprehensive approach to the governance of international migration. The agreement includes specific commitments to address the drivers that compel people to leave their countries of origin in the context of disasters, the adverse effects of climate change, as well as environmental degradation, and to enhance the availability and flexibility of pathways for regular migration, including in such contexts. In preparation for the 2022 International

address the drivers that compel people to leave their countries of origin in the context of disasters, the adverse effects of climate change, as well as environmental degradation, and to enhance the availability and flexibility of pathways for regular migration, including in such contexts. In preparation for the 2022 International Migration Review Forum (IMRF), the PDD and IOM – with financial support from the Federal Ministry of Germany on Economic Cooperation and Development (BMZ) through the GIZ – launched a project to develop a baseline mapping of national and regional policies and practices relevant to addressing human mobility in the context of disasters, the adverse effects of climate change and environmental degradation under the Global Compact for Migration. The project culminated in a set of indicators on the basis of which a baseline analysis report was developed, 1 an accompanying analytical 1 The baseline analysis report reviews provisions relevant to governing human mobility in the context of disasters, climate change and environmental degradation in existing national and regional policy and legal instruments, with the aim of establishing a preliminary baseline against which future progress can be measured as part of the Global Compact for Migration voluntary and reporting efforts. This updated edition is an integral part of a tool consisting of an indicators-based analytical framework, a global database of national and regional policies and legislation and a detailed review for a selection of countries with a set of recommendations, which serves as a pilot analysis and can be used as such or further adapted by governments and relevant stakeholders to track the implementation of Global Compact for Migration commitments related to human mobility in the context of disasters, climate change and environmental degradation. See Daria Mokhnacheva, Implementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation – A Baseline Analysis Report Under the Global Compact for Safe, Orderly and Regular Migration (Geneva, PDD, 2022).framework,2 a global database of national and regional policies 3 and a shorter infographic building on the Global Compact for Migration

of Disasters, Climate Change and Environmental Degradation – A Baseline Analysis Report Under the Global Compact for Safe, Orderly and Regular Migration (Geneva, PDD, 2022).framework,2 a global database of national and regional policies 3 and a shorter infographic building on the Global Compact for Migration baseline mapping report. 4 The project is part of the United Nations Network on Migration Workplan 2022–2024, specifically under the Thematic Workstream on Climate Change, the Global Compact for Migration and the Paris Agreement.5 Following the successful completion of the first phase of the project, the PDD and IOM launched a second phase of the project in October 2022, with the financial support of the Government of France. The projects aim to enhance the Global Compact for Migration baseline analysis previously carried out and, in turn, support States to prepare for the Global Compact for Migration regional reviews by providing a framework to facilitate input on and overview of their progress and priorities within their regions in the area of human mobility in the context of disasters, climate change and environmental degradation. Building on the results of Phase I of the Global Compact for Migration baseline mapping, Phase II continues to give emphasis on Objectives 2, 5, 21 and 23 of the Global Compact for Migration, both with specific references to the distinct dimensions of human mobility (displacement, migration and planned relocation) in the context of 2 The analytical framework and its annexes define a set of indicators to guide the review of national policy and legal instruments and describe in detail the scope and methodology applied for the mapping exercise conducted during the activity. 3 At this stage, the global database was not available online and contained over 930 national policy and legal instruments in 172 countries, 20 bilateral and 140 regional instruments in the areas of human mobility, climate change, DRM and sustainable development governance containing provisions of relevance to human mobility in the context of disasters, the adverse effects of climate change and environmental degradation.

and 140 regional instruments in the areas of human mobility, climate change, DRM and sustainable development governance containing provisions of relevance to human mobility in the context of disasters, the adverse effects of climate change and environmental degradation. 4 See PDD, Human mobility in the context of disasters, climate change and environmental degradation – T en insights from the GCM Baseline Mapping Report, Infographic (Geneva, PDD, 2022). 5 See United Nations Network on Migration, Workstream 10 – Climate Change, the GCM and the Paris Agreement (n.d.). 6 See Objective 2, paras. 18(h)–18(l) and Objective 5, paras. 21(g)–21(h) in United Nations General Assembly resolution 73/195 on the Global Compact for Safe, Orderly and Regular Migration (19 December 2018). 7 Objective 2: “Minimize the adverse drivers and structural factors that compel people to leave their country of origin”; Objective 5: “Enhance availability and flexibility of pathways for regular migration”; Objective 21: “Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration”; Objective 23: “Strengthen international cooperation and global partnerships for safe, orderly and regular migration” (ibid.). 8 See United Nations, General Assembly resolution 76/266 on the Progress Declaration of the International Migration Review Forum (7 June 2022):para. 70. disasters, the adverse effects of climate change and environmental degradation. 6 Apart from enhancing the analysis developed as part of Phase I, Phase II focused on operationalizing the established indicators and analysis by publishing the database, as well as building capacity of a member State on relevant indicators ahead of the Global Compact for Migration regional reviews. More specifically, Phase II aimed at the following: (a) supporting member States to assess and advance progress on implementing the Global Compact for Migration commitments relevant to the topic, especially under Objectives 2, 5, 21 and 23; 7 (b) contributing to strengthening the evidence base on human mobility in the context of disasters, climate change and

(a) supporting member States to assess and advance progress on implementing the Global Compact for Migration commitments relevant to the topic, especially under Objectives 2, 5, 21 and 23; 7 (b) contributing to strengthening the evidence base on human mobility in the context of disasters, climate change and environmental degradation; and (c) adding to the development of a limited set of indicators to be proposed in the United Nations Secretary-General’s next biennial report (see Progress Declaration , para. 70). 8 T o this end, the following activities were carried out: • Updating and publishing of the improved database initially developed in Phase I In addition to complementing the Phase I desk review of relevant policy instruments and practices at the national and regional levels, the output from Phase II included the development of an online platform (CLIMB Database: Human Mobility Introduction xiiImplementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation xiii in the Context of Disasters, Climate Change and Environmental Degradation Database) to host all relevant data collected during the process and related to the distinct dimensions of human mobility in the context of disasters, the adverse effects of climate change and environmental degradation. • Increasing the number of countries for the detailed analysis of relevant policy instruments and related tools The action identified a second set of 31 countries for a detailed review, which had already been conducted for 21 countries in Phase I, totalling 52 countries in both phases. • Enhancing the analytical framework on indicators to measure the implementation and results of national policies and legal instruments Phase II further advanced the set of indicators by developing pilot process and outcome indicators, based on Global Compact for Migration Objective 2, action 18(j) and Objective 5, action 21(g). • Strengthening member States’ capacities on applying indicators One Member State (Kenya) was

indicators by developing pilot process and outcome indicators, based on Global Compact for Migration Objective 2, action 18(j) and Objective 5, action 21(g). • Strengthening member States’ capacities on applying indicators One Member State (Kenya) was selected for a capacity-building pilot to provide training for relevant government authorities on a limited set of indicators to support the review of the implementation of the Global Compact for Migration at the national level, familiarizing them with the analytical framework, methodology and indicators initially proposed. Following the results of Phase I and based on the information supplemented in the global database and second set of 31 countries, this updated edition provides an overarching and updated baseline analysis of past achievements, existing gaps and future challenges in implementing commitments included in the Global Compact for Migration Objectives 2, 5, 21 and 23 at the national and regional levels.Implementing the Commitments Related to Addressing Human Mobility in the Context of Disasters, Climate Change and Environmental Degradation 1 1. OVERVIEW OF THE UPDATED GLOBAL DATABASE This section provides an updated review of the national policy and legal instruments 9 incorporated into the global database in the period of 2022–2023. It offers a comprehensive comparative analysis of existing, past and ongoing national policies and legal instruments addressing the distinct dimensions of human mobility in the context of disasters, the adverse effects of climate change and environmental degradation. This analysis is designed to guide policy development in line with the fulfilment of the Global Compact for Migration commitments. 10 Geographic distribution The updated global database now comprises 1,348 national instruments, sourced from 172 countries spanning the five major geographical regions of the world (Africa, the Americas, Asia, Europe and Oceania). 11 Africa accounted for 52 of the total number of countries (30%), the Americas followed with 39 (23%), Asia with 34 (20%), Europe with 31 (18%), and

regions of the world (Africa, the Americas, Asia, Europe and Oceania). 11 Africa accounted for 52 of the total number of countries (30%), the Americas followed with 39 (23%), Asia with 34 (20%), Europe with 31 (18%), and Oceania with 16 countries (9%) (Figure 1). The overall number of countries has remained the same since Phase I. 9 For a definition of “policy and legal instruments” as used in this updated edition, see section II.iii.b of the accompanying analytical framework (Global Compact for Migration Baseline Mapping I). Throughout the document, mentions of instruments refer to the full scope of the definition unless otherwise stated. 10 This analysis is not a complete review of all existing policies and legal frameworks on the topic, given the inherent geographical and thematic biases of the consulted sources. It touches upon the relevance of some instruments to the Global Compact for Migration obligations; nevertheless, many of them may be anchored in distinct frameworks. It is also imperative to differentiate the existence of provisions and their pragmatic application, a facet not covered by the updated edition as it requires further investigation. 11 The updated global database categorizes regions based on the United Nations standards, also considering the grouping used in the Global Compact for Migration reviews. Importantly, it is to be noted that these Global Compact for Migration groupings have some countries participating in multiple reviews, leading to combined or adjusted group presentations based on United Nations regional classifications. For instance, Arab States are grouped with Africa, and some Central and Western Asian countries are included in both European and Asian Pacific reviews, with their data duly aligned with United Nations classifications. PART APart A. Updated results of Phase II 2 Figure 1. Global distribution of countries included in the updated database Source: All graphs, tables and text boxes are the authors’ own elaboration based on the results of the baseline analysis, unless otherwise specified. Figure 2. Identified national instruments by United Nations region Increase of identified national instruments by United Nations region From the 932 national instruments included

Source: All graphs, tables and text boxes are the authors’ own elaboration based on the results of the baseline analysis, unless otherwise specified.

Figure 2. Identified national instruments by United Nations region Increase of identified national instruments by United Nations region From the 932 national instruments included in the original database to the updated count of 1,348 national instruments in Phase II, there has been an overall increase of 416 national instruments, reflecting a growth of 44.6 per cent. Currently, the updated database features 383 national instruments from the Americas (an increase of 24.5%); 463 national instruments from Africa (an increase of 59.7%); 249 national instruments from Asia (an increase of 74.1%); 163 national instruments from Oceania (an increase of 28.3%); and 90 national instruments from Europe