The Inter-American Commission on Human Rights (IACHR) is an autonomous organ of the Organization of American States (“OAS”) whose mission is to promote and protect human rights in the American hemisphere. It is composed of seven independent members who serve in a personal capacity. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Inter-American Court of Human Rights (“the Court”), installed in 1979, the Commission is one of the institutions within the inter-American system for the protection of human rights (“IAHRS”).
In January 2024, Argentinian human rights lawyer Ms. Andrea Pochak was elected to serve on the Inter-American Commission on Human Rights (IAHCR) until December 2027 and to be the Rapporteur on Human Mobility of the OAS. In this interview, Ms. Pochak sheds light on her current role and the recent resolution on human mobility induced by climate change adopted by the Inter-American Commission on Human Rights.
PDD Secretariat: What is the main relevance of the recent resolution on ‘human mobility induced by climate change’ that was adopted by the Inter-American Commission on Human Rights (IACHR) in December 2024 for the Member States of the Organization of American States (OAS)?
Andrea: The resolution on human mobility induced by climate change, approved by the Inter-American Commission on Human Rights serves as the strategic framework that guides States to provide effective responses to climate-induced human mobility in a comprehensive manner, e.g. in the creation of regulations, programs and public policies to protect the rights of people who move in the context of the adverse effects of climate change.
The resolution highlights the complex and multi-causal nature of climate mobility and the different forms it can take: forced displacement, migration, planned relocation and even immobility. The resolution also recognizes the interconnection with other drivers of human mobility such as violence, insecurity, inequality and persecution.
We hope that the States of the OAS will use this resolution as a guide to strengthen and implement their policies and initiatives so that the countries can find lasting and effective responses to human mobility in the context of climate change. These responses should be based on human rights principles, and fundamentally on the right to equality and non-discrimination.
Another important element of this resolution is that it defends the centrality of community participation and the importance of improving data collection and analysis. These two are recognized by the IACHR as key elements for designing more inclusive and effective policies throughout the region.
PDD Secretariat: What were some of the main challenges that the Commission and the Rapporteur on Human Mobility identified during consultations with the different actors in the region in relation to the resolution and the issues it addresses?
Andrea: Your question allows me to highlight and thank you for the important contributions received during the consultation process carried out by the IACHR. The Commission usually carries out consultations for the elaboration of similar resolutions. This allows the inclusion of varied perspectives and realities of the region to be highlighted through the participation of different key actors.
In the case of this resolution, the consultation process has provided us information about the experiences and challenges faced in different countries in the region, and to address the diversity of the impacts that climate change generates on human mobility, maintaining a balance between a broad regional approach and more specific technical details, while remaining consistent with inter-American standards.
By analyzing and incorporating the responses received, the resolution has managed to reconcile different views on definitions and normative developments and create a common language, consistent with the standards established by the Commission and the Inter-American Court of Human Rights.
Lastly, through this resolution, the IACHR reaffirms its commitment to provide technical assistance and actively collaborate in the design and implementation of such policies.
PDD Secretariat: How do you envision the Americas region responding to human mobility in the context of climate change in the future?
Andrea: The Americas region is facing enormous challenges related to human mobility. Some of them are caused or exacerbated by political persecution and unmet social needs that have persisted for many years. These issues are not only unresolved but are becoming more concerning. Adding to this, the adverse effects of climate change, such as rising sea levels, hurricanes, floods, droughts, and other extreme events have created new vulnerabilities. These dynamics intensify existing inequalities and disproportionately affect historically discriminated and marginalized groups, such as women, indigenous peoples, peasants, people of African descent and people with disabilities.
Although some States have implemented innovative regulatory frameworks and practices, such as including climate mobility in their migration policies, significant challenges persist that require immense efforts and political will from the concerned governments to address these challenges with a focus on prioritizing people’s dignity and rights.
At the IACHR, we acknowledge that the situation is quite complex already and increasingly so, but we also aspire to make the region a safe place for all the people who live in it. To accomplish this, it is key to address climate change and human mobility with a rights-based approach in environmental policies, the prevention of forced displacement, and the implementation of humanitarian assistance measures and durable responses with an intersectional perspective.
PDD Secretariat: What role should civil society organizations and other non-state actors play in implementing this resolution?
Andrea: Civil society organizations and other non-state actors have a fundamental role to play by being strategic allies in the implementation of this resolution. They can be the voice of the affected communities and highlight the needs of the most vulnerable groups. They can also ensure and monitor compliance with the commitments assumed by the States in this area.
These organizations can also contribute to advocacy through the creation of spaces for dialogue, awareness-raising and trainings that allow communities to understand and exercise their rights in the context of climate mobility.
Other non-state actors include private companies that can also play a strategic role in the implementation of this resolution; their actions and activities can have a positive or negative impact on human rights in the context of disasters and adverse effects of climate change. Therefore, they should not only be aware of but also support the implementation of this resolution within their possibilities.
The IACHR remains available to carry out extensive dialogues with civil society members, receive information, address complaints and assist in strengthening their capacities.
Header Photo: Cancilleria Argentina
