Anna Björk, Juho-Matti Paavola, Tineke Strik, Inkeri Tanhua, Arttu Vainio Finland in the International Human Rights System Publications of the Government ś analysis, assessment and research activities 2019:50 ISSN 2342-6799 ISBN PDF 978-952-287-776-5 Publications of the Government´s analysis, assessment and research activities 2019:50 Finland in the International Human Rights System Anna Björk, Juho-Matti Paavola, Tineke Strik, Inkeri Tanhua, Arttu Vainio Prime Minister’s Office 2019 Prime Minister’s Office ISBN PDF: 978-952-287-776-5 Helsinki 2019 Description sheet Published by Prime Minister’s Office 28.8.2019 Authors Anna Björk, Juho-Matti Paavola, Tineke Strik, Inkeri Tanhua, Arttu Vainio Title of publication Finland in the International Human Rights System Series and publication number Publications of the Government´s analysis, assessment and research activities 2019:50 ISBN PDF 978-952-287-776-5 ISSN PDF 2342-6799 Website address URN http://urn.fi/URN:ISBN:978-952-287-776-5 Pages 162 Language English Keywords Human rights, equality, environment, migration, technology, security, resilience, research, research activities Abstract This report summarises implications of the current operational environment for the international human rights system since the Government of Finland human rights report in 2014. The project focused particularly on four global trends (environmental change, migration, new technologies and the changing security paradigm). The project also assessed political power shifts and movements influencing the international human rights system and its actors. The scope of the study included the United Nations and its human rights council and the European Union. Since the operational context for the ruling world order has changed because of global trends and political power shifts, it is necessary to critically evaluate the potential of the international human rights system to adapt to this change. The current political climate emphasises state sovereignty over multilateralism, and the growing multipolarity and multivocality make it more difficult to reach agreements on international forums. Civil society actors are facing a reduction of operating space, and the role of business actors is on the rise. The strong anti-gender movements and the opposition to gender equality are causing distress in international forums. New ways to communicate the importance of human rights are being searched by various actors. The findings of the project include several promising lines of development for updating the international human rights framework to tackle the challenge of global trends. As are result of these findings, the report formulates eight goals Finland should strive for when shaping its human rights policies in the future. Each goal includes recommendations on how to advance them both internationally and domestically. This publication is part of the implementation of the Government Plan for Analysis, Assessment and Research. (tietokayttoon.fi) The content is the responsibility of the producers of the information and does not necessarily represent the view of the Government. Publisher Prime Minister’s Office Publication sales/ Distributed by Online version: julkaisut.valtioneuvosto.fi Publication sales: julkaisutilaukset.valtioneuvosto.fi http://urn.fi/URN:ISBN http://julkaisut.valtioneuvosto.fi/ http://julkaisutilaukset.valtioneuvosto.fi/Etusivu Kuvailulehti Julkaisija Valtioneuvoston kanslia 28.8.2019 Tekijät Anna Björk, Juho-Matti Paavola, Tineke Strik, Inkeri Tanhua, Arttu Vainio Julkaisun nimi Finland in the International Human Rights System Julkaisusarjan nimi ja numero Valtioneuvoston selvitys- ja tutkimustoiminnan julkaisusarja 2019:50 ISBN PDF 978-952-287-776-5 ISSN PDF 2342-6799 URN-osoite http://urn.fi/URN:ISBN:978-952-287-776-5 Sivumäärä 162 Kieli Englanti Asiasanat Ihmisoikeudet, tasa-arvo, ympäristö, muuttoliike, teknologia, turvallisuus, resilienssi, tutkimus, tutkimustoiminta Tiivistelmä Tämä raportti tarkastelee kansainvälisen ihmisoikeusjärjestelmän tilaa ja muutoksia valtioneuvoston vuoden 2014 ihmisoikeusselonteon pohjalta. Työssä keskitytään erityisesti neljään keskeiseen globaaliin kehitystrendiin (ympäristön muutos, muuttoliike, kehittyvä teknologia ja muuttuva turvallisuusparadigma). Raportissa käsitellään myös poliittisen vallan muutoksia sekä erilaisia liikkeitä, jotka vaikuttavat kansainväliseen ihmisoikeusjärjestelmään ja sen toimijoihin. Järjestelmän nykytilaa ja muutoksia tarkastellaan erityisesti Yhdistyneiden kansakuntien ja sen ihmisoikeusneuvoston sekä Euroopan unionin toiminnan näkökulmasta. Poliittisen voimatasapainon muuttumisen ja edellä mainittujen kehitystrendien vuoksi kansainvälisen ihmisoikeusjärjestelmän kykyä ja mahdollisuuksia sopeutua muutokseen on syytä arvioida kriittisesti. Vallitseva poliittinen ilmapiiri korostaa valtioiden itsemääräämisoikeutta valtioiden välisten ja monenkeskisten sopimusten sijaan, ja toimintaympäristön lisääntyvä moninapaisuus ja moniäänisyys vaikeuttavat yhteistyötä vakiintuneilla kansainvälisillä foorumeilla. Samalla kansalaisyhteiskunnan toimijoiden toimintavapaudet ja -mahdollisuudet ovat vähentyneet ja yritystoimijoiden rooli ollut kasvussa. Myös vahvistuneet sukupuolten tasa-arvoa vastustavat liikkeet haittaavat omalta osaltaan ihmisoikeuksien edistämistä. Muuttuneessa tilanteessa toimijat etsivät uusia tapoja viestiä ihmisoikeuksien merkityksestä. Hankkeen tulokset tarjoavat uusia mahdollisuuksia kansainvälisen ihmisoikeuskehyksen päivittämiseen niin, että se ottaa paremmin huomioon globaalien muutostrendien luomat haasteet. Raportissa tulokset tiivistetään kahdeksaan tavoitteeseen, joihin Suomen tulisi pyrkiä uudistaessaan ihmisoikeuspolitiikkaansa. Kunkin tavoitteen kohdalla annetaan myös suosituksia siitä, miten niitä voidaan edistää niin kansainvälisesti kuin kotimaassakin. Tämä julkaisu on toteutettu osana valtioneuvoston selvitys- ja tutkimussuunnitelman toimeenpanoa. (tietokayttoon.fi) Julkaisun sisällöstä vastaavat tiedon tuottajat, eikä tekstisisältö välttämättä edusta valtioneuvoston näkemystä. Kustantaja Valtioneuvoston kanslia Julkaisun myynti/jakaja Sähköinen versio: julkaisut.valtioneuvosto.fi Julkaisumyynti: julkaisutilaukset.valtioneuvosto.fi http://urn.fi/URN:ISBN http://julkaisut.valtioneuvosto.fi/ http://julkaisutilaukset.valtioneuvosto.fi/Etusivu Presentationsblad Utgivare Statsrådets kansli 28.8.2019 Författare Anna Björk, Juho-Matti Paavola, Tineke Strik, Inkeri Tanhua, Arttu Vainio Publikationens titel Finland in the International Human Rights System Publikationsseriens namn och nummer Publikationsserie för statsrådets utrednings- och forskningsverksamhet 2019:50 ISBN PDF 978-952-287-776-5 ISSN PDF 2342-6799 URN-adress http://urn.fi/URN:ISBN:978-952-287-776-5 Sidantal 162 Språk Engelska Nyckelord Mänskliga rättiheter, jämlighet, miljö, migration, teknologi, säkerhet, resiliens, forskning, forskningsverksamhet Referat I denna rapport sammanfattas de effekter förändringar i omvärlden haft på det internationella människorättssystemet sedan den finska regeringens människorättsredogörelse skrevs år 2014. Projektet fokuserade särskilt på fyra globala trender: globala miljö- och klimatförändringar, migration, nya teknologier och nya säkerhetsparadigm. Därtill granskades vilken inverkan politiska maktskiften har på det internationella människorättssystemet och dess aktörer. Studien omfattar FN:s råd för mänskliga rättigheter och Europeiska unionen. Globala trender och politiska maktskiften har förändrat omvärlden, och det är viktigt att kritiskt granska potentialen för det internationella människorättssystemet att anpassa sig till dessa förändringar. Det rådande politiska klimatet betonar staters suveränitet framom multilateralt samarbete, och den växande multipolariteten och åsiktspluralismen gör det svårare att nå samförstånd i internationella fora. Samtidigt ser civilsamhällets aktörer sitt handlingsutrymme minska medan den privata sektorns roll i människorättsarbetet ökar. Ett växande motstånd mot jämställdhet samt starka rörelser som motsätter sig köns- och sexuella minoriteters rättigheter försvårar också människorättsarbetet. I det förändrade läget är det flera aktörer som söker nya sätt att kommunicera vikten av människorättsarbete. Projektet resulterade i utvecklingsförslag och rekommendationer som kan användas för att uppdatera det internationella människorättsramverket att bättre kunna bemöta globala utmaningar. Åtta målsättningar för att reformera den finska människorättspolitiken presenteras. För att uppnå målen presenteras även rekommendationer för hur arbetet kan främjas såväl internationellt som i Finland. Den här publikation är en del i genomförandet av statsrådets utrednings- och forskningsplan. (tietokayttoon.fi) De som producerar informationen ansvarar för innehållet i publikationen. Textinnehållet återspeglar inte nödvändigtvis statsrådets ståndpunkt Förläggare Statsrådets kansli Beställningar/ distribution Elektronisk version: julkaisut.valtioneuvosto.fi Beställningar: julkaisutilaukset.valtioneuvosto.fi http://urn.fi/URN:ISBN http://julkaisut.valtioneuvosto.fi/ http://julkaisutilaukset.valtioneuvosto.fi/Etusivu Table of Contents List of Abbreviations .......................................................................................... 9 Executive summary .......................................................................................... 11 Introduction ....................................................................................................... 14 Part I: Global trends and human rights in the current UN and EU frameworks .............................................................................................. 20 1 Environmental change ............................................................................ 24 1.1 Strengthening the relationship between the environment and human rights in the UN and the EU .................................................................................................. 25 1.2 Demography and urbanisation .................................................................................... 30 1.2.1 Demography .............................................................................................. 31 1.2.2 Urbanisation .............................................................................................. 32 2 Migration .................................................................................................. 37 2.1 Migration and human rights in the UN: Global Compact for Migration ........................ 40 2.2 Irregular migration and human rights in the EU context .............................................. 42 2.3 Social integration ......................................................................................................... 47 3 New technologies .................................................................................... 49 3.1 The two faces of technology........................................................................................ 50 3.2 New technologies and human rights in the UN ........................................................... 52 3.3 The changing world of work ........................................................................................ 56 3.3.1 New Technologies Shaping the Working Life – UN and EU responses .................................................................................................. 58 3.3.2 Workers´ Rights and Gender Equality ....................................................... 60 4 The changing security paradigm ........................................................... 63 4.1 Securitisation ............................................................................................................... 65 4.2 Security and human rights in UN ................................................................................. 67 4.3 Resilience and human rights: a new security paradigm .............................................. 68 Part II: Political shifts and human rights actors ............................................. 73 5 Sustainable development goals ............................................................. 79 6 World politics, multilateral forums and state actors ............................ 82 6.1 Impacts of political shifts to the international human rights system ............................. 83 6.1.1 The changing roles of global players ......................................................... 84 6.1.2 The continuing concerns over the human rights monitoring system ....................................................................................................... 86 6.2 Political dynamics in the European Union ................................................................... 88 6.2.1 Challenges to the rule of Law in Europe .................................................... 89 6.2.2 The problem of populism ........................................................................... 92 6.2.3 Disputed issues and populist party politics: immigration, gender roles and the environment ......................................................................... 94 7 The current roles and status of non-state actors in human rights ........................................................................................................ 97 7.1 Cities ........................................................................................................................... 98 7.2 Business and human rights ......................................................................................... 99 7.3 NGOs and human rights defenders ........................................................................... 102 7.4 Non-state actors against human rights ...................................................................... 104 7.4.1 Anti-gender movements in Europe .......................................................... 105 7.4.2 Other resistance to gender equality ......................................................... 109 7.5 Polarisation and human rights communication .......................................................... 111 Part III: Finland and the changing operational environment: Developments and recommendations ................................................. 115 8 Previous themes and orientations of Finland and the changing operational environment ...................................................... 117 8.1 Reference points: The Government of Finland human rights report 2014 ................ 118 8.2 Reference points: Outlined goals for Finland’s presidencies in the Council of Europe and the European Union ........................................................................... 123 9 Conclusions and recommendations .................................................... 125 Sources............................................................................................................ 144 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 9 List of Abbreviations ADF Alliance Defending Freedom AI Artificial Intelligence ASEAN Association of Southeast Asian Nations AU African Union CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CoE Council of Europe CRRF Comprehensive Refugee Response Framework CSR Corporate Social Responsibility ECOSOC United Nations Economic and Social Council ECOWAS Economic Community of West African States ECtHR European Court of Human Rights EIDHR European Instrument for Democracy and Human Rights ENVSEC Environmental Security Initiative EP European Parliament EU European Union FRA European Agency for Fundamental Rights GATT General Agreement on Tariffs and Trade GCM Global Compact for Safe, Orderly and Regular Migration GDPR General Data Protection Regulation HRC United Nations Human Rights Council HRD Human Rights Defender IGWG Interagency Gender Working Group PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 10 ILO International Labour Organization IOM International Organization for Migration IoT Internet of Things IPCC Intergovernmental Panel for Climate Change LGBTI Lesbian, Gay, Bisexual, Transgender/Transsexual and Intersexed MEP Member of Parliament MiGOF Migration Governance Framework NATO North Atlantic Treaty Organization NGO Non-Governmental Organisation OAS Organization of American States OECD Organisation for Economic Co-operation and Development OHCHR Office of the High Commissioner for Human Rights OSCE Organization for Security and Co-operation in Europe REC Regional Environment Center for Central Asia and Eastern Europe SDGs Sustainable Development Goals SRHR Sexual and Reproductive Health and Rights UCGL United Cities and Global Governments UN United Nations UNAs United Nations Associations UN DESA United Nations Department of Economic and Social Affairs UNDP United Nations Development Programme UNEP United Nations Environment Programme UNECE United Nations Economic Commission for Europe UNGA United Nations General Assembly UNHCR United Nations High Commissioner for Refugees UNHRC United Nations Human Rights Council UNSC United Nations Security Council UNSG United Nations Secretary General UPR Universal Periodic Review WTO World Trade Organization https://www.iom.int/ https://www.iom.int/ PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 11 Executive summary This report summarises the key implications of the current operational environment for the international human rights system. The temporal reference point was the latest Government of Finland human rights report, which was published in 2014. The aim of the project was to analyse the continuities and disruptions in the development of the operational environment for Finland up to the spring of 2019. The main themes of Fin- land’s current human rights policy were also reflected as points of comparison in the analysis. The research was part of the Finnish Government's analysis, assessment and research activities. The Prime minister’s office funded the project, while the Minis- try for Foreign Affairs of Finland was responsible for its coordination. Ann-Marie Ny- roos (Ministry of Foreign Affairs of Finland) chaired the steering group until April 2019 and Janne Jokinen (Ministry of Foreign Affairs of Finland) after that. The members of steering group included Janina Hasenson (Ministry of Foreign Affairs of Finland), Eero Koskenniemi (Ministry of the Interior), Henriikka Leppo (Prime minister’s office), and Kaisa Tiusanen (Ministry of Justice) (final standing). The approach in the project was thematic, focusing particularly on four global trends (environmental change, migration, new technologies and the changing security para- digm), which were selected in agreement with the steering group. The project also as- sessed the current political power shifts and movements that influence the interna- tional human rights system and related actors. The scope of the study developed in discussions with the steering group and the context of the analysis was agreed upon to include the United Nations (mainly the UN Human Rights Council) and the Euro- pean Union. Other forums, such as the Council of Europe and the Organization for Security and Cooperation in Europe, are referred to in particular cases. The main questions were grouped under three key perspectives: ● What are the main human rights impacts of the named global trends? ● How is the current international human rights system capable of responding to the positive and negative human rights impacts of these trends in the contem- porary political climate? ● How should Finland shape its human rights policy under these circum- stances? Since the operational context for the ruling world order has changed because of global trends and political power shifts, the multilateral institutions are not necessarily equipped to respond to new human rights issues. As the operational context changes, PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 12 it is necessary to critically evaluate the potential of the international human rights sys- tem to adapt to this change. The findings of the project show that there are several promising lines of development for updating the international human rights framework in response to the implications of environmental change, migration, new technologies and the changing security paradigm. Examples of these include: ● The concretisation of the right to a safe, clean and healthy environment and the growing realisation of the importance of the environment to full enjoyment of human rights, ● the attempts to increase the global coordination of migration with the new Global Compacts for migration and on refugees, even if there are great politi- cal disputes to overcome, ● the active role taken by the European Union and the Council of Europe on linking the human rights perspective with the development of new technolo- gies by discussing state-led regulation and increasing cooperation with busi- ness actors on human rights issues, and ● the growing understanding and emphasis of human security and the potential of this concept, and the concept of resilience, to address the negative human rights impacts of the global and political trends. The contemporary political climate emphasises state sovereignty over multilateralism, and the multipolarity and multivocality makes it more difficult to reach agreements on international forums. The highly politicised - and currently some of the most controver- sial - themes include climate change, immigration and gender equality, which turn into obstacles to effective cooperation in both global and regional human rights forums. The strong anti-gender movements and the opposition to gender equality are affecting the promotion of the rights of women and girls, and the rights of the LGBTI people. The denial of the remarkable environmental change caused by human activity is mak- ing ambitious goals for its mitigation and reversal difficult, and the attitudes towards immigration are continuously polarised. The constellation of human rights actors is also shifting, as civil society actors are facing increasing threats and a reduction of op- erating space and the role of business actors is on the rise. At the same time, various human rights actors are searching for new ways to talk about human rights as rights for all, not for only a few, in order to increase the legitimacy of the international human rights system for the general public. As a result of these findings, the report introduces recommendations for Finland as it shapes its human rights policy in the future (see chapter 9). The recommendations PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 13 are means to achieve eight goals, which the report suggests Finland should address in its human rights policy: Goal 1. Develop the link between human rights and environmental change on all levels of governance. Goal 2: Human rights of migrants should be promoted through international co- ordination. Goal 3. Keep a human rights based approach to new technologies on the agenda. Goal 4. When new elements emerge in security agendas, include a human rights approach in the discussions. Goal 5. Promote gender equality actively at the time of resistance and anti-gen- derisms. Goal 6. Utilise and create new possibilities of cooperation across professional and political silos. Goal 7. Support the states’ commitment to multilateralism by promoting activi- ties that increase its legitimacy. Goal 8. Promote a broad concept of participation and the right to education to mitigate the negative impacts of global trends. PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 14 Introduction This report introduces the main findings and policy recommendations of a project enti- tled the Current state and development trends of the international human rights sys- tem. This project was launched in March 2018 as a part of the Government’s analysis, assessment and research activities. The project was assigned a steering group, con- sisting of staff members from the several Finnish ministries: Ministry for Foreign Af- fairs, the Prime Minister’s Office, the Ministry of the Interior, and the Ministry of Jus- tice. The research group included researchers from Oxford Research (D.Soc.Sci Anna Björk, B.Soc.Sci Juho-Matti Paavola, L.Sc (econ.) Arttu Vainio), Opinio Juris (LL.D.Merja Pentikäinen expert on international law and human rights), Radboud Uni- versity Nijmegen (PhD Docent Tineke Strik), and WoM World of Management (MBA, MSSc Inkeri Tanhua). Oxford Research was responsible for the coordination of the project, organisation of the final report and the writing process. The role of the invited external experts was to provide Oxford Research with material, guidance, expert views and insights and comment the report’s draft versions from their respective fields of expertise: Merja Pentikäinen on the core knowledge of the international human rights system and international law; Tineke Strik on migration, and Inkeri Tanhua on gender equality. Anna Björk and Juho-Matti Paavola were mainly responsible for com- posing and drafting the policy analysis. Gender equality in work life (chapter 3.3.2), the anti-gender movements (7.4) and goal 5 (chapter 9) were mainly composed by Inkeri Tanhua. Key parts of migration (chapter 2) were composed by Tineke Strik. The final decisions on the incorporation of expert views into the report were made by Ox- ford Research. The role of the steering group was to discuss the focus and included elements of the research and comment on the interim reports, which displayed the progress of the project. In January 2019, a group of 12 stakeholders with backgrounds in NGOs, re- search institutes and universities, and business actors participated in a workshop and presented their views on the preliminary findings of the project. The research group is grateful for the helpful comments and insights stemming from these encounters. The research team asked for comments on the early draft of the final report from three experts. The research team thanks dr. Emma Hakala, professor Rinna Kullaa, and professor Elina Pirjatanniemi for their valuable comments. A draft of recommenda- tions and parts of the report were also discussed with additional experts before finalis- ing the manuscript. The main authors of this report are responsible for the incorpora- tion of the comments into the report. PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 15 The Aim and Scope of the Project Since the last Government of Finland Human Rights Report (2014), the operational environment for the international human rights system has changed. For Finland, the most important implications concern the political discrepancies among the member states of the European Union, and the growing multipolarity in world politics. The shifts in world politics, in both a global and regional sense, influence partnerships, the conditions for promoting particular human rights themes and the anticipation of future developments. Political trends - emphasising sovereignty over multilateral cooperation and polarising populist strategies over solidarity and clearly expressed claims – chal- lenge the public and popular legitimation of multilateral institutions and force advo- cates of the contemporary global system to adopt a defensive position. These trends also provide the opportunity for non-state actors to step up and fill in the power vacu- ums. Previous analyses suggest that the challenges of the international order, the stated universality of its norms and institutions and stressing sovereignty over solidar- ity are likely to shift the balance towards an order of strong regions1. As a small state, Finland has benefitted from the US-led and system-based order in the past, and, as the balance shifts, its interests remain in the supporting of a norm-based international system2. While both state actors and non-state actors are readjusting to the power shifts and strategising to the best of their abilities, the actors in the international human rights system encounter new questions which need to be contextualised into the framework. The questions stem from global trends and introduce new issues to the human rights agenda, such as those relating to environmental change and developing technologies. These new issues challenge the human rights system and require interpretation of the current norms and potentially the need to introduce new regulatory tools. While most trends are well recognised and their impacts on human beings increasingly docu- mented, their incorporation into the international human rights system is still at the state of emergence and not firmly established. One reason for this is that the trends have both positive and negative impacts, which makes it difficult to find balance in regulation. The aim of this project has been to map the key consequences of the selected global trends and the current political shifts for the international human rights system. As the conclusive aim to this task, the report is set to provide recommendations on how to 1 For a recent research dealing with the global order and its implications to Finland, see Creutz et al. 2019: The changing global order and its implications for the EU. Available at https://tie- tokayttoon.fi/julkaisut/raportti?pubid=URN:ISBN:978-952-287-697-3. 2 Creutz et al. 2019, p. 53–54. https://tietokayttoon.fi/julkaisut/raportti?pubid=URN:ISBN:978-952-287-697-3 https://tietokayttoon.fi/julkaisut/raportti?pubid=URN:ISBN:978-952-287-697-3 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 16 address these consequences. The main questions can be grouped under three key perspectives: 1. What are the main human rights impacts of the named global trends? 2. How is the current international human rights system capable of responding to the positive and negative human rights impacts of these trends in the contem- porary political climate? 3. How should Finland shape its human rights policy under these circum- stances? To add feasibility and adjust the topic to the time limits of the research process, at the early stages of the project the research group and the steering group agreed to limit the scope of the project to two main contexts. As a result, the forums focused on this report are the United Nations and the European Union. Another early decision concerned the choice of global trends: based on the recogni- tion of emerging and developing agendas with global relevance, the research group and the steering group pinned the trends down to environmental change, migration, new technologies and the changing security paradigm. Each global trend is also ad- dressed from the perspective of gender equality. Moreover, the resistance to the pro- motion of gender equality and women’s rights and the polarising impacts of populism are discussed as political movements that impede cooperation within the international human rights system. Examples of these movements are discussed mainly in the Eu- ropean context, albeit both have global reach. On sources and methods The main sources in this project are background interviews of experts of the interna- tional human rights system, official documents and reports, including those of the United Nations human rights bodies, the European Union, and the Finnish Govern- ment, as well as secondary literature on academic research. As the topic of the pro- ject was very timely, selected popular addresses, such as newspaper articles, web- sites and blogs, were also used as examples of ongoing developments and debates. The semi-structured theme interviews with experts are in the report used anony- mously without direct quotations. The interviews were carried out as confidential dis- cussions and used as a compass for probing in depth to developments and current themes in the field of human rights. The 19 experts represented different professional groups and institutions, including academic researchers, NGOs, civil servants and PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 17 multilateral organisations. Out of the topics highlighted, their insights raised the issues of populism, anti-gender movements and the question of human rights communication to be specifically included in the agenda for this project. In addition to these central is- sues, their contribution has been vital for recognising key debates and elements un- der the umbrellas of global trends and political shifts. The report is composed into a form of an analytical overview on recent and ongoing developments, main topics of the debates and the dynamics between key human rights actors. In some cases, developments and topics include conceptual struggles and also potential conceptual shifts, most notably in regard to the concepts of secu- ritisation, resilience and the case of anti-gender movements. In these parts of the re- port, the style of presentation is resorting to explicating academic debates and sources, which differs from the style of presentation in other parts. The objective of these parts is to clarify a shift of a paradigm or a political development by indicating a conceptual tension behind these shifts. Structure of the report: Parts and guiding questions The report has three main parts: Part I The capacity and flexibility of the international human rights system is currently being contested with novel questions. These questions rise from global trends that shape political, economic and social developments locally, regionally and globally. The report focuses on four global trends: environmental change, migration, new tech- nologies and the changing security paradigm. Discussion over the consequences of global trends has been taken up by heads of states, international organisations and non-state actors alike. Some of the questions, such as the consequences of environ- mental change or use of new technologies for communities and individuals, need to be addressed urgently. These interlinked trends affect different parts of the world and different groups unevenly. Some of them also have positive effects in addition to the negative ones, as commentators have been pointing out3. The main research ques- tions addressing the effects of global trends include: ● What kinds of diverse challenges and threats to human rights are caused by the named global trends? 3 A fair share of research discussing these trends has been published, e.g. Aburdene 2005: Megatrends 2010: the rise of conscious capitalism.; Hordeski, 2011: Megatrends for energy ef- ficiency and renewable energy; Gaub and Laban 2015: Arab Futures: Three Scenarios for 2025. European Union Institute for Security Studies (EUISS), 2015; Goldstone 2010. "The New Popu- lation Bomb: The Four Megatrends That Will Change the World." PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 18 ● What kinds of challenges are associated with the realisation of civil and politi- cal rights, on one hand, and the realisation of economic, social and cultural rights on the other? Part II At the same time, the dynamics between actors contributing to the international human rights system are affected by power shifts, such as the rise of China and the United States withdrawing from multilateral governance. Meanwhile, the European Union has its own internal disputes prompted especially by Hungary and Poland and the questioning of the rule of law. Russia continues its disruptive politics, specifically by utilising the digital communication environment and refusing to pay its membership fees to international organisations (e.g. the Council of Europe). Also, the rise of popu- list parties and the activation of anti-gender movements cause tensions between ac- tors. An example of this is the way that the system, its underlying values and the foun- dations of international human rights, has been challenged both globally and in Eu- rope4. Human rights and the international human rights system provide means for groups and individuals to challenge the established power structures and elites, who wish to retain privileges. Retaliations by states towards human rights defenders and their supporters on the one hand, and obstructing the functions of the international hu- man rights system on the other are means to maintain power. The sense of urgency for sufficiently conceptualising and finding possible answers to the new questions posed by global trends is complicated by the need to overcome in- tensified political disputes and, possibly, by the need to form new alliances. One out- come of this changed operational environment resulting from global trends and politi- cal shifts is the growing number of efforts to find new ways to make a case for the pro- motion of human rights in the face of their opposition. In Europe, for example, the Eu- ropean Agency for Fundamental Rights (FRA) has invested in debating and develop- ing more effective ways of communicating human rights to the general public. The main research questions addressing the effects of political shifts on the interna- tional human rights system include: 4 See, for example OHCHR 2017b: A speech by Zeid Ra'ad Al Hussein, UN High Commissioner for Human Rights, delivered at Johns Hopkins Centre for Public Health and Human Rights. http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21499&LangID=E; Amnesty International 2018: https://www.amnesty.org/en/latest/research/2018/02/annual- report-201718/ Muiznieks 2017: Human Rights in Europe: From Crisis to Renewal? CoE. Available at https://rm.coe.int/human-rights-in-europe-from-crisis-to-renewal-/168077fb04 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21499&LangID=E https://www.amnesty.org/en/latest/research/2018/02/annual-report-201718/ https://www.amnesty.org/en/latest/research/2018/02/annual-report-201718/ https://rm.coe.int/human-rights-in-europe-from-crisis-to-renewal-/168077fb04 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 19 ● What kinds of diverse challenges and threats to human rights are caused by the contemporary political climate? ● What kinds of challenges are directed specifically against the UN Human Rights Council (HRC)? ● What kinds of reform pressures can be expected in the near future and from which directions? ● Which areas are facing the biggest challenges? Part III In the changing operational environment, one concern is how to strengthen the international human rights system in the face of these challenges. Tackling the consequences of these challenges requires a recontextualisation of the international human rights system to better suit the challenge and to reinforce its legitimacy. The consequences of the global trends and political shifts for the international human rights system are discussed from the perspective of Finland as a human rights actor. Research questions include: ● Which factors of change are particularly relevant for Europe, the European Union and Finland? ● How are the sustainable development goals visible in international human rights forums or how should they be visible there? ● How can Finland’s activities in the UN (incl. its membership in the HRC) best promote positive development trends? ● How should gender equality and women’s rights be promoted in human rights forums? During the project, the initial research questions were used for guiding the interviews, desk research and policy analysis. While they are all tackled in the report, they are not individually addressed here. Due to the original extent of the project, the scope and focus of the report was partly reformulated in accordance with the steering group. The conclusions in chapter 9 cover the three perspectives stated above. As a result of these conclusions, the report suggests eight goals to be considered in policymaking and issue recommendations on how to reach these goals. PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 20 Part I: Global trends and human rights in the current UN and EU frameworks Summary Part one focuses on the role of environmental change, migration, new technologies and the changing security paradigm in the international human rights system. The scope of the task is to introduce the key impacts these trends have on human rights, in addition to their current status in the global and regional human rights agendas. They are politically tuned in different ways and vary in their relationship to the existing human rights norms. The context of each debate is the United Nations (mainly the Hu- man Rights Council) and the European Union. Either of them may be emphasised, de- pending on the relevance of the debates for the objectives of this report. 1. The link between environmental change and human rights was established decades ago, but its momentum as an urgent concern of the human rights framework has intensified considerably over the past few years. ● Protection of the environment and human rights can be understood as mutually reinforcing activities. On the other hand, drastic actions for environmental protection affect groups and communities in different ways, which needs to be taken into account in policymaking. Women are more effected by environmental degradation and climate change than men, for example. ● To cope with the human rights impacts of environmental change, the concretisation of the right to a safe, clean, healthy and sustainable environment has been raised, especially in the UN. Meanwhile, tack- ling environmental issues through the human rights framework has been gaining ground in Europe. ● Urbanisation puts pressure on infrastructure and the security of indi- viduals in cities, increasing the need for adequate services to guaran- tee economic, social and cultural rights and possibilities of participa- tion. Demography, including migration, also challenges the capacity of PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 21 urban environments to guarantee the inclusion and integration of mi- norities and the ability to provide housing, healthcare, personal secu- rity and education. 2. The human rights implications of internal and international migration include the frameworks of regular and irregular migrants and the rights of labour mi- grants. Irregular migration has been one of the migration trends of recent years. ● Addressing the human rights implications of irregular migration has been a topic of recent debates in both the UN and the EU. The de- bates seek to increase international cooperation and to find common human rights goals for migrants. ● Irregular migrants are most commonly vulnerable to human rights vio- lations. Among other things they face discrimination, exploitation and marginalisation, and they often live and work without any official sta- tus. ● Environmental change, including urbanisation (chapter 1.2) and the changing world of work (chapter 3.3), are major factors, as migration is expected to rise in the forthcoming years. 3. New technologies have become tightly incorporated in human rights dis- course as the source of quite a few new questions lacking comprehensive an- swers. ● The issues of dual use, a human rights based development process of technologies and leaning heavily on the expertise of business ac- tors are the key points addressed. It has shown, for example, that al- gorithms reproduce gendered and racialised stereotypes, compromis- ing the principle of non-discrimination while appearing neutral. ● The issue of digital rights is increasingly addressed in human rights discussions. Rights to privacy and the freedom of expression are the most frequently quoted norms when new technologies are discussed, but there is a growing interest toward impacts on the right to health, non-discrimination and participation rights. ● The world of work is heavily influenced by new technologies, which stresses the impacts of human rights related to economic, social and PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 22 cultural rights especially. As work continues to be one of the main causes of migration, the rights of labour migrants / migrant workers are also highlighted. 4. Protecting individuals from the arbitrary rule of the state is at the heart of hu- man rights, creating tension between state-centered national security and in- dividual-centered human security. The changing security paradigm has widened the scope of security from national security to human security. ● This is in response to new kinds of security threats to individuals posed by global trends, which do not fit into the traditional concepts of security. Threats to individuals, notably also gendered violence, can also be effectively addressed through this paradigm shift from na- tional security to human security. ● Securitisation has challenged the overly frequent use of national se- curity arguments to limit the rights of individuals, emphasising the tra- ditional tension between human rights and national security. ● One of the attempts to reconcile this tension, at least in part, is the concept of comprehensive resilience. Taking these human rights implications into account will support the state’s responsi- bility to respect, protect and fulfill their human rights obligations in the current opera- tional environment. They also help in updating the scope of the international human rights system in response to contemporary challenges that are common globally with highly context-bound effects. Introduction In the report, the problems and challenges of the international human rights system are framed within four global trends: environmental change, migration, rapid advances in technology, including digitalisation, and the changing security paradigm. These are the perspectives taken in order to assess the human rights issues of the contempo- rary operational context. PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 23 Megatrend, an analytical concept dating back to the 1980s, refers to macro-level de- velopments5. Megatrends consist of coexisting, interlinked and sometimes even con- trasting trends. Therefore the identification of a megatrend depends on the perspec- tive. For example, the UN Secretary General (UNSG) António Guterres has pointed to the global megatrends as “multiple, evolving and mutually-reinforcing shifts of geopo- litical, demographic, climatic, technological, social and economic nature that have ad- vanced at an unprecedented pace, creating, on one hand, unparalleled conditions for progress but, on the other upending the established order, generating tensions, and changing the nature of threats”6. At the heart of these megatrends is the fact that the trend can be historically traced and estimated to develop further in the (near) future. The difference between a (global) trend and a megatrend is not always clear-cut. In the report, the concept of choice is a “global trend”, which is used in reference to envi- ronmental change, migration, new technologies, and the changing security framework. The selected four global trends differ in scope, but overlap in their development. They share the quality of being phenomena, whose effects require a high level of global in- terconnectedness. This is due to the fact that their root causes, development and con- sequences are difficult, if not impossible, to only govern locally. Each trend is contex- tualised here in the most recent debates and on two levels: the UN and the EU. 5 Concerning the origins, see Naisbitt 1982: Megatrends and Naisbitt & Aburdene 1990: Mega- trends 2000: ten new directions for the 1990s. 6 Referred by the UN High-Level Committee on Programmes in UN High-Level Committee on Programmes 2017 https://www.unsystem.org/content/action-megatrends in April 2017. See also Secretary-General’s vision, Guterres, Antonio 2016: https://www.antoniogu- terres.gov.pt/vision-statement/ (4 April 2016). https://www.unsystem.org/content/action-megatrends https://www.unsystem.org/content/action-megatrends https://www.antonioguterres.gov.pt/vision-statement/ https://www.antonioguterres.gov.pt/vision-statement/ https://www.antonioguterres.gov.pt/vision-statement/ PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 24 1 Environmental change The grasp of environmental change in research includes such areas as the use of en- ergy, the loss of biodiversity, urbanisation and climate change. Population growth im- pacts the environment through the increase of the consumption of food and water and also puts pressure on housing and infrastructure. Urbanisation, resulting from both in- ternal migration to cities as well as urban population growth, affects the environment through expanding urban areas that leave less space for natural environments. Some effects of environmental change are more easily detected than others. The rea- sons for, and the effects of, climate change and urbanisation can be concretised more easily than the loss of biodiversity, for example, which tends to be more incremental and is often truly understood only once it is too late to react. The links between the full enjoyment of human rights and the various dimensions of environmental change have been increasingly recognised in the UN Human Rights Council in recent years. For example, biodiversity is noted to contribute to the support of the realisation of the rights to life and health, the right to an adequate standard of living and the right to non-discrimination in the enjoyment of rights7. While it is clear that there will be notable human rights implications, it is less clear what these implications will be, exactly, and how to best evaluate and prepare for them. An additional question is to what extent the existing human rights framework is useful for combating the implications. Due to the nature of the issue – i.e. that it is dif- ficult to predict the speed and severity of ecological changes – the challenge is not only present in trying to imagine solutions to the problem, but also in asking the right questions. In 2018, the Intergovernmental Panel for Climate Change (IPCC) released its report Special Report: Global Warming of 1,5℃ on the impacts of global warming of 1,5°C above the pre-industrial levels8. In the report, IPCC estimates that human activities have caused approximately 1.0°C of global warming above pre-industrial levels. Global warming is likely to reach 1.5°C between 2030 and 2052 if it continues to in- crease at the current rate. Populations suffering from a disproportionately high risk of 7 UNHRC 2017: Report of the Special Rapporteur on the issue of human rights obligations re- lating to the enjoyment of a safe, clean, healthy and sustainable environment (biodiversity). Available at https://documents-dds-ny.un.org/doc/UN- DOC/GEN/G17/009/97/PDF/G1700997.pdf?OpenElement. 8 IPCC 2018: Global Warming of 1.5 ºC. Available at http://www.ipcc.ch/report/sr15/ https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/009/97/PDF/G1700997.pdf?OpenElement https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/009/97/PDF/G1700997.pdf?OpenElement http://www.ipcc.ch/report/sr15/ PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 25 adverse consequences with global warming of 1.5°C and beyond include disadvan- taged and vulnerable populations, some indigenous peoples and local communities dependent on agricultural or coastal livelihoods. It remains to be seen how administrations respond to IPCC’s report in practice. It is likewise still unclear if public concern over its results will translate into a wider support for greener politics. Whatever the responses, it is clear that the environment needs to be taken seriously as a context for human rights issues. Importantly, the radical na- ture of the political actions required by environmental change has diverse implications that affect different groups of people in different ways as, for example, security ques- tions9. As examples of the link between environmental change and human rights, this chapter introduces a framework for concretisising the right to a safe, clean and healthy environment in the UN context and the growing trend of tackling environmen- tal issues through the human rights framework in Europe. Subchapter 1.2 briefly dis- cusses the implications of demography and urbanisation as features of environmental change in a broad sense because these trends are both implications of and causes to environmental change The growing importance of cities as human rights actors is dis- cussed in part II of the report (chapter 7.1). 1.1 Strengthening the relationship between the environment and human rights in the UN and the EU Climate change is a result of human activity and influences different groups of people in different ways in different regions. Business actors, which may also involve states (see chapter 7.2) have had, and continue to have, a significant impact on environmen- tal degradation due to issues, such as pollution. This has been made possible in part by the inadequate actions of states, who have failed to produce national laws that are stringent enough. States have also taken part in producing negative environmental impacts themselves. Hence, business actors have been able to outsource the mitiga- tion of the negative environmental impacts of their actions to communities and the public sector. Nowadays - due to the growing significance of corporate (social) re- sponsibility - business actors are under increasing pressure to show that they mini- mise and prevent their negative impacts on the environment and people. 9 Hakala et al. 2019: Northern Warning Lights: Ambiguities of Environmental Security in Fin- land and Sweden. Sustainability 2019, 11(8), 2228; available at https://doi.org/10.3390/su11082228. https://doi.org/10.3390/su11082228 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 26 Environmental degradation, a result of global warming, has implications to the wellbe- ing of humans through the effects it has on declining natural resources, the increase in the cost of water and the escalating damage caused by invasive species to sectors like agriculture, fishing, food and beverages, pharmaceuticals and tourism. Agricul- ture, for example, is affected by the decrease of irrigated land and clean water sources. Climate-related risks to health, livelihoods, food security, water supplies, hu- man security, and economic growth are projected to increase with a global warming of 1.5°C and will increase further with 2°C. Limiting global warming to 1,5°C in compari- son to 2°C, a goal adopted by many countries before the IPCC report, would require all-encompassing, far-reaching and immediate changes in all aspects of society, but it would contribute to making societies more sustainable, equitable and resilient.10 Women in general are often more vulnerable to the effects of climate change than men since the majority of the world’s poor are women. Also, they are often partly or completely denied the possibilities and resources necessary to achieve full political, economic and social participation to help influence their situation through official and institutional channels, in addition to grassroots activities. Women are likewise more commonly dependent on natural resources in terms of livelihood and placed in rural areas affected by climate change11. Climate change also causes compromises on the rights of girls, especially in developing countries, where they bear the consequences of gender inequality and multiple forms of discrimination made more severe by envi- ronmental degradation12. The loss of biodiversity resulting in the decrease of pollinators and other insects has a negative impact on agricultural varieties. This affects food production and the living conditions of farmers, causing a potential security threat for communities when con- flicts over irrigated land and food become more frequent. Other explicit links between environmental change and security include the discourses of food security, energy se- curity and environmental security. The concept of environmental security has already gained ground as part of the changing security paradigm (elaborated in chapter 4). Depending on the context, environmental security can include the relationship of threats between environmental change and human society, it can refer to the conse- quences of environmental threats, like pollution and climate change, and can entail the potential of the environment to serve as a basis for cooperation13. The roots of the concept stem from the end of the Cold War, with an increasing number of literature on 10 IPCC 2018: Global Warming of 1.5 ºC 11 For a summary, see the UN Women Watch, available at https://www.un.org/women- watch/feature/climate_change/downloads/Women_and_Climate_Change_Factsheet.pdf 12 For a recent report (in Finnish), see Plan International 2019: https://plan.fi/sites/de- fault/files/plan_images/ilmastonmuutos-uhkaa-tyttojen-oikeuksia.pdf 13 Hakala 2018, esp. 23–49. https://www.un.org/womenwatch/feature/climate_change/downloads/Women_and_Climate_Change_Factsheet.pdf https://www.un.org/womenwatch/feature/climate_change/downloads/Women_and_Climate_Change_Factsheet.pdf https://plan.fi/sites/default/files/plan_images/ilmastonmuutos-uhkaa-tyttojen-oikeuksia.pdf https://plan.fi/sites/default/files/plan_images/ilmastonmuutos-uhkaa-tyttojen-oikeuksia.pdf PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 27 the subject emerging in reference to such security issues as the effects of pollution and disaster risk reduction.14 In 2003, the UN created a platform that is joint coopera- tion between the UN Environment Programme (UNEP), the UN Development Pro- gramme (UNDP), the UN Economic Commission for Europe (UNECE), the Organisa- tion for Security and Cooperation in Europe (OSCE), and the Regional Environment Center for Central Asia and Eastern Europe (REC), which formed the Environmental Security Initiative (ENVSEC)15. The aim of the joint platform was to provide education on the issues of environmental security, to identify risks and potentials and to provide analytical assistance, such as bringing together different mandates. In the UN context, the relationship between human rights and the environment has been addressed since UN Conference on the Human Environment held in Stockholm in 1972 and the ensuing the Stockholm Declaration. The UN Environmental Pro- gramme (UNEP) works to combat environmental issues globally16. The Stockholm Declaration, and to a lesser extent the Rio Declaration, adopted in 1992 and reaffirm- ing global engagement toward sustainable development17, show how the link between human rights and dignity and the environment was prominent in the early stages of United Nations efforts to address environmental problems. To some extent, that focus has faded away during the ensuing efforts by the international community to tackle specific environmental problems, with more focus being placed on developing policy and legal instruments, on both international and national levels. Although the founda- tion of developing such mechanisms relied on considerations made at the time of the Stockholm Conference, the human rights dimension is not explicitly expressed in most of these instruments18. The link between human rights and climate change is further explicated in the Paris Agreement adopted in 2015 at the Conference of the Parties to the UN Framework Convention on Climate Change.19 and the 2030 Agenda for Sus- tainable Development20, adopted in 2015, has since become a prominent framework for linking environmental change and human rights. These documents form the back- ground for the link between human rights and the environment in the international law framework. As an exploratory document, in resolution 28/11, issued in 2018, the Hu- man Rights Council accepted the Report of Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable 14 Hakala 2018, 40 15 ENVSEC website, see http://www.envsec.org/index.php?lang=en 16 UNEP 2019: http://web.unep.org/divisions/delc/human-rights-and-environment 17 The Declaration is available from http://www.unesco.org/education/pdf/RIO_E.PDF 18 For a summary, see OHCHR webpage: https://www.ohchr.org/EN/Issues/Environ- ment/HREnvironment/Pages/HRandEnvironmentIndex.aspx 19 UN 2015: The Paris Agreement, p. 4. Available at https://unfccc.int/sites/default/files/eng- lish_paris_agreement.pdf. 20 For general introduction, see https://sustainabledevelopment.un.org/post2015/transform- ingourworld http://www.envsec.org/index.php?lang=en http://web.unep.org/divisions/delc/human-rights-and-environment http://www.unesco.org/education/pdf/RIO_E.PDF https://www.ohchr.org/EN/Issues/Environment/HREnvironment/Pages/HRandEnvironmentIndex.aspx https://www.ohchr.org/EN/Issues/Environment/HREnvironment/Pages/HRandEnvironmentIndex.aspx https://unfccc.int/sites/default/files/english_paris_agreement.pdf https://unfccc.int/sites/default/files/english_paris_agreement.pdf https://sustainabledevelopment.un.org/post2015/transformingourworld https://sustainabledevelopment.un.org/post2015/transformingourworld PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 28 environment21. It establishes 16 Framework Principles for human rights and the envi- ronment. The work of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment included rec- ommendations for considering climate change and environmental degradation within the UN framework22. At the core of the Framework Principles is the claim that the en- joyment of human rights and protection of the environment constitutes a two-way street: “A safe, clean, healthy and sustainable environment is necessary for the full enjoyment of a vast range of human rights, including the rights to life, health, food, water and development. At the same time, the exercise of human rights, including the rights to information, participation and remedy, is vital to the protection of the environ- ment”23. The document utilises the existing human rights obligations by applying them in the environmental context, without intentions to create new ones. The report points out that the human right to a safe, clean, healthy and sustainable environment has not been the primary point of reference in developing human rights norms in the context of the environment24. It is therefore the explicit recommendation of the Special Rap- porteur that “the Human Rights Council consider supporting the recognition of the right in a global instrument. A model could be the rights to water and sanitation, which, like the right to a healthy environment, are not explicitly recognised in United Nations human rights treaties but are clearly necessary to the full enjoyment of human rights”25. So far, environmental rights and responsibilities have been recognised in regional treaties and some national constitutions. In Finland, for example, Section 20 - Re- sponsibility for the environment claims that everyone is responsible for “nature and its biodiversity, the environment and the national heritage” and that “[T]he public authori- ties shall endeavor to guarantee for everyone the right to a healthy environment and for everyone the possibility to influence the decisions that concern their own living en- vironment”26. The Special Rapporteur suggests that the General Assembly could 21 OHCHR 2018: Framework Principles on Human Rights and the Environment. https://www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/FrameworkPrinci- plesReport.aspx= 22 OHCHR 2018b 23 OHCHR 2018b. 24 OHCHR 2018b: p. 4 25 UNGA 2018: https://documents-dds-ny.un.org/doc/UN- DOC/GEN/G18/017/42/PDF/G1801742.pdf?OpenElement, p. 4 (11) 26 The Constitution of Finland, English translation provided by the Ministry of Justice in Fin- land. Available at https://oikeusministerio.fi/en/constitution-of-finland https://www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/FrameworkPrinciplesReport.aspx= https://www.ohchr.org/EN/Issues/Environment/SREnvironment/Pages/FrameworkPrinciplesReport.aspx= https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/017/42/PDF/G1801742.pdf?OpenElement https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/017/42/PDF/G1801742.pdf?OpenElement https://oikeusministerio.fi/en/constitution-of-finland PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 29 adopt a resolution that recognises this right as an essential one for the full enjoyment of the human rights to life, health, food, water and housing, for example27. The sources from which the Framework Principles are drawn include statements of human rights bodies that have the authority interpret human rights law, but not neces- sarily to issue binding decisions28. Even so, the Framework Principles are a resource and a potential basis for a UN level debate on the further development of human rights law relating to the enjoyment of a safe, clean, healthy and sustainable environ- ment. The stated recommendation of the Special Rapporteur is for the states to “ac- cept the framework principles as a reflection of actual or emerging international hu- man rights law”29. The Framework Principles encompass aspects of representation, participation in deci- sion-making, access to information, recognition of vulnerable groups and also the recognition that taking action in environmental policy must be sustainable and fair to- ward all individuals. It is, however, also recognised that there are open questions and a need for further clarification on how to apply this framework into issues of gender and discrimination, the responsibilities of businesses or the effects of armed conflict on human rights and the environment, to cite a few examples. In order to reach these goals, the Special Rapporteur calls for close interaction between UNEP and OHCHR. As the report of the Special Rapporteur shows, environmental change is not out of scope for the international human rights system, but a lack of consistency in forming an explicit agenda for addressing the issue has been evident. Recently, national level legal processes and international procedures for human rights complaints have be- come methods used to put pressure on environmental policies locally. This concerns state responsibility under international law and, more specifically, the so-called due diligence responsibility of states for the acts of non-state actors30. While the debates on the benefits and hindrances of fragmentation in (international) law are ongoing, in the case of environmental law and human rights, European legal instruments seem to be developing towards a relatively harmonious state. The European Court of Human Rights (ECtHR) has taken on environmental issues through the human rights frame- work in “close to a hundred cases”31 and the result seems to be that the ECtHR is 27 Ibid. 28 OHCHR 2017d: Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (A/HRC/25/53), available at https://www.ohchr.org/en/hrbodies/hrc/regularsessions/session25/pages/listreports.aspx 29 UNHRC 2018: Report of the Special Rapporteur on the issue of human rights obligations re- lating to the enjoyment of a safe, clean, healthy and sustainable environment 30 Heiskanen 2018: https://politiikasta.fi/euroopan-ihmisoikeustuomioistuin-ja-valtion-ympa- ristovastuu/ 31 Heiskanen 2018: pp. 7–19. https://www.ohchr.org/en/hrbodies/hrc/regularsessions/session25/pages/listreports.aspx https://politiikasta.fi/euroopan-ihmisoikeustuomioistuin-ja-valtion-ymparistovastuu/ https://politiikasta.fi/euroopan-ihmisoikeustuomioistuin-ja-valtion-ymparistovastuu/ PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 30 also carefully considering parallel institutions and instruments, such as EU directives on environmental matters or UN documentation32. One revealing facet of the importance of acknowledging the link between the human rights framework and environmental change is the fact that environmental issues translate into many things, depending on the cultural, political and economic context. By way of example, urbanisation and projects directed at developing urban surround- ings have implications for land ownership, the price of land and subsequent socio- economic polarisation. There is no “right to land” as such, but land ownership is a cru- cial human rights question with links to several rights, including housing, an adequate standard of living, the freedom of religion, and the freedom of movement and resi- dence33. From the perspective of indigenous peoples, the questions of land ownership and the usage of that land are deeply rooted in questions of culture and the way of life. From the perspective of women’s independence from their husbands and rela- tives, land ownership is rooted in questions of economic and legal empowerment34. 1.2 Demography and urbanisation As human rights mechanisms and environmental challenges are being tied together more firmly both globally and regionally, it is also important to recognise the impacts of changing demography and urbanisation. Environmental change is closely linked to the development of demography, increasing the pressure to use natural resources through population growth and shaping the balance between rural and urban areas. Demographic change also includes the effects of migration (discussed in chapter 2) and raises the question of social integration and its meaning to the realisation of hu- man rights. Traditionally, populations in rural areas have been the focal point of hu- man rights discourses, but rapid urbanisation is now challenging this emphasis, as the importance of cities as actors and platforms for the realisation of human rights stand- ards is on the rise (see chapter 7.1). The combination of demography including migra- tion and urbanisation requires a well-planned infrastructure for societal necessities, such as education, health-care, democratic participation and sanitation. They also 32 Heiskanen 2018: 19 33 Gilbert 2013: Land rights as human rights. The case of specific right to land. SUR Interna- tional Journal for Human Rights (online). June 2013, https://sur.conectas.org/en/land-rights- human-rights/. For an introductory overview on land and human rights, see OHCHR 2016: Land and Human Rights. Standards and applilcations, available at https://www.ohchr.org/Doc- uments/Publications/Land_HR-StandardsApplications.pdf. 34 Also, in Finland only 24% of the forestry is owned by women, see Hänninen, Karppinen & Leppänen 2011: Suomalainen metsänomistaja. Metlan työraportteja 208. http://www.metla.fi/julkaisut/workingpapers/2011/mwp208.pdf https://sur.conectas.org/en/land-rights-human-rights/ https://sur.conectas.org/en/land-rights-human-rights/ https://www.ohchr.org/Documents/Publications/Land_HR-StandardsApplications.pdf https://www.ohchr.org/Documents/Publications/Land_HR-StandardsApplications.pdf http://www.metla.fi/julkaisut/workingpapers/2011/mwp208.pdf PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 31 have strong links to the changing world of work (see chapter 3.3), which is one of the major global shifts influenced strongly by environmental change and new technologies (chapter 3). 1.2.1 Demography The global population grows unevenly. An example of this can be seen in the expan- sion of Africa’s population and the declining population numbers of Europe35. The hu- man rights impacts of demographic change include the realisation of the right to health, right to work and right to an adequate standard of living. Demography and population growth also have links to migration (see chapter 2) and influence urbanisa- tion. Science and technological innovations (see chapter 3) may, however, help in uti- lising resources with more efficacy. With this in mind, technology can also increase in- equality in relation to the ability to use resources, making scarce resources more vul- nerable to exploitation in areas governed by less stable regimes. In areas of intense population growth, pressures caused by the scarcity of natural re- sources and energy increases. Scarcity of natural resources and energy is a result of the growing demand for food, water and energy. It creates an increasing demand for water-food-land resources and energy. Environmental changes in West and Central Africa, for example, are impacting human livelihoods and mobility. At the same time, rapid population growth has led to deforestation and overgrazing that has resulted in land degradation. In these circumstances, the majority of international migrants in West and Central Africa move within the subregion. The high number of people mov- ing within West Africa is partly linked to the possibility of visa-free movement among the Economic Community of West African States (ECOWAS) members, the small size of many countries in the region and the strong networks among the many ethnic groups scattered across the area.36 In Asia, demographic and environmental changes present themselves in different ways in different parts of the region. Eastern Asia is in the midst of demographic change with several countries experiencing low fertility rates and ageing populations, leading to a reconsideration of immigration policies. Countries like Japan are already undergoing negative population growth, while the Republic of Korea has a very low birth rate and a rapidly ageing population. The Republic of Korea and Japan have in- creased the promotion of temporary foreign labour immigration. By the end of 2015, 35 UN DESA 2017a: https://www.un.org/development/desa/en/news/population/world-popu- lation-prospects-2017.html 36 UN DESA 2015a; Flahaux & de Haas 2016. African migration: Trends, patterns, drivers; IOM 2017: 49; Adepoju 2016: Available at https://academicimpact.un.org/content/migration-dy- namicsrefugees-and-internally-displaced-persons-africa https://www.un.org/development/desa/en/news/population/world-population-prospects-2017.html https://www.un.org/development/desa/en/news/population/world-population-prospects-2017.html https://academicimpact.un.org/content/migration-dynamicsrefugees-and-internally-displaced-persons-africa https://academicimpact.un.org/content/migration-dynamicsrefugees-and-internally-displaced-persons-africa PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 32 the Republic of Korea employed over 500,000 foreign workers.37 On the other hand, the countries of Southern Asia are particularly vulnerable to natural disasters and cli- mate change. Insufficient infrastructure and dense populations living in vulnerable ar- eas often lead to human displacement in the context of disasters.38 Economic and environmental challenges also influence demography in the form of emigration from Pacific Island countries. The total number of Pacific-born migrants, mainly from Fiji, Samoa and Tonga, living in other countries is now 420,000. Develop- ment challenges, environmental change and degradation are among a multitude of factors prompting many to migrate, with half of the population in Kiribati and Tuvalu living in overcrowded urban areas on atolls with limited access to water and land. Sea level rise, saltwater intrusion and drought impact people’s decisions to migrate in the region, both internally and internationally. There is also a growing discussion around the need for a planned relocation of groups and communities.39 Forced migration re- sulting from climate change is likely to increase in the broad perspective as well, as certain areas in the Northern parts of Africa and the Middle East, for example, be- come too hot for populations40. From the perspective of the business world, the global increase of both young and ag- ing populations affects the labour market and production, as does migration (see chapter 2.3), causing business power shifts from the west to the east. An aging popu- lation also means more age-related illnesses, which links demography with the devel- opment of new technologies (see chapter 3). 1.2.2 Urbanisation Changing demography and open economic activity, which are closely linked to global- isation, also impact the environment through urbanisation. Shifts in demography influ- ence infrastructure, especially through internal and international migration, because cities are most often the main destination for migrants, causing pressure on govern- ance41. The link between the implementation of SDGs (see chapter 5) and the Paris Agreement as well as the ability of different urban environments to respond to these 37 Moon 2015: Moon, K.S.H. South Korea’s Demographic Changes and Their Political Impact. Available at www.brookings.edu/wp-content/uploads/2016/06/South-Koreas-demographic- changes-and-their-political-impact.pdf ; 38 Oommen 2015: South Asia–Gulf migratory corridor: Emerging patterns, prospects and chal- lenges. http://dx.doi.org/10.1080/21632324.2015.1010705 ; IOM 2017, p. 60 39 International Organization for Migration 2017: World Migration Report 2018, p. 89. 40 Lelieveld et al. 2016 Climatic Change Available at https://doi.org/10.1007/s10584-016-1665- 6 41 International Organization for Migration (2017). World Migration Report 2018. p. 227 http://www.brookings.edu/wp-content/uploads/2016/06/South-Koreas-demographic-changes-and-their-political-impact.pdf http://www.brookings.edu/wp-content/uploads/2016/06/South-Koreas-demographic-changes-and-their-political-impact.pdf http://dx.doi.org/10.1080/21632324.2015.1010705 https://doi.org/10.1007/s10584-016-1665-6 https://doi.org/10.1007/s10584-016-1665-6 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 33 was recognised in, for example, the 2016 UN Conference on Housing and Sustaina- ble Urban Development42. In general, cities are becoming increasingly important as actors and sites of human rights implementation (see chapter 7.1). As people shift locations, environments also potentially change. For example, an in- crease in population affects the ecosystems of rural communities, but, conversely, also results in a reorganisation of urban environments. Responding to the infrastruc- tural challenges of including new groups of people and providing opportunities to par- ticipate in the community requires resources and strategic planning. It also requires, and should include, a strong engagement with human rights based policymaking to ensure the early entry of the human rights perspective into the environment. For the first time in the history, more than half of the global population lives in cities both large and small. This trend is driven by rapid urbanisation in the most densely populated developing countries.43 Between 1950 and 2015, the total urban population in developing countries increased tenfold from about 300 million to 3 billion; the urban share tripled from about 17% to 50%.44 In Europe, urbanisation began with the advent of the first industrial revolution. In 1800, around 15 percent of the population lived in the cities, in 1910 the amount was already 40 percent. Developing countries are in many ways following the same path, but with some significant differences. In Africa and Asia, the big push for urbanisation started much later in the 20th century, but the growth rate of the urban population has been double compared to that of Europe. Both moved from 15% in 1950 to ∼40% in 2010.45 In terms of urbanisation, Finland has been a relative latecomer compared to others with an urban growth that started as late as the 1950s. The level and pace of urbanisation and the underlying demographic drivers are deter- mined by several factors and closely linked to economic transformation as well as the expansion of urban settlements through annexation and the reclassification of rural settlements as cities.46 In recent decades, urbanisation in Northern Africa, Western 42 United Nations Sustainable Development Goals 2018: UN Habitat III Conference. Available at www.un.org/sustainabledevelopment/habitat3/#prettyPhoto 43 Beall, Guha-Khasnobis & Kanbur (eds.) (2010): Urbanization and Development: Multidiscipli- nary Perspectives. 44 United Nations 2013: Millenium Development Goals Indicators: The Official United Nations Site for the MDG Indicators. 45 Jedwab, Christiansen & Gindelsky (2017): Demography, urbanization and development: Ru- ral push, urban pull and…urban push?, Journal of Urban Economics, No. 98 (2017), pp. 6–16. 46 United Nations 2018a: Population Facts, No. 2018/1, December 2018, United Nations, De- partment of Economic and Social Affairs, 2018. PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 34 Asia and, to a lesser degree, Latin America and the Caribbean, has slowed down af- ter a period of rapid increase in the decades after 1950.47 Some of the areas have reached a saturation point where urbanisation normally slows down. For example, in Latin America and the Caribbean (81 %) and Oceania (68%) most of the population is already living in urban areas.48 Historically, urbanisation and income growth have been linked. No country has ever reached middle income status without a significant population shift into cities. Urbani- sation has been seen as a necessity in order to sustain (though not necessarily drive) growth in developing countries49. Urban centers offer economies of scale, in terms of productive enterprise and public investment. Cities are social melting pots, centers of innovation and drivers of social change.50 47 United Nations 2018a: Population Facts. 48 United Nations 2018b: World Urbanization Prospects 2018 - Key Facts. United Nations. 49 Spence et al. 2009: Urbanization and Growth, Commission on Growth and Development, The World Bank, Washington 2009. 50 Beall et al. 2010. PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 35 Figure 1. Share of population living in urban areas 1800–2016, percentage. Source: Our World in Data: https://ourworldindata.org/urbanization In recent decades, this link between income growth and urbanisation has grown weaker. Higher levels of urbanisation are now also evidenced at low levels of income. This might be partly explained by the changing dynamics of the growth of urban popu- lations. Standard models explain urban population growth through by rural-urban mi- gration. They focus on rural push factors like the green revolution leading to agricul- tural modernisation and a rise in food productivity and rural poverty as well as urban pull factors like industrialisation, urban wage increases and urban-biased policies. Yet recent studies suggest that a non-negligible part of developing countries’ rapid urban growth and urbanisation may also be linked to demographic factors, i.e. a rapid inter- nal growth of urban population. In industrialising Europe, the death rates in urban ar- eas were high enough to offset urban birth rates. Lower death rates in modern cities 0,00 10,00 20,00 30,00 40,00 50,00 60,00 70,00 80,00 90,00 1800 1850 1900 1950 2000 Africa Asia Europe Northern America Oceania South America World https://ourworldindata.org/urbanization https://ourworldindata.org/urbanization PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 36 has led to urban congestion that provides a partial explanation for the phenomenon of urbanisation without economic growth.51 This change has made sustainable urbanisation increasingly difficult, especially in de- veloping countries. Unguided and spontaneous urbanisation coupled with a lack of ur- ban management policies has made many developing countries and the denizens of these cities experience limited opportunities from economic and social progress. The relationship between urbanisation, economic growth and social development in devel- oping countries is often described as asynchronic, as urbanisation is demographically driven with limited or no economic and social growth.52 On the other hand, this exclu- sionary urbanisation is also partly created by policies and strategies that privilege eco- nomic growth and result in many people being left behind. More inclusive urban plan- ning would enhance the situation of urban populations. It would require eliminating discriminatory exclusion, giving the disadvantaged a bigger voice within existing insti- tutions and guaranteeing the human rights of the urban population.53 One of the problems of “megacities”, caused by rapid population growth, is the for- mation of slums. In his comprehensive human rights report concerning extreme pov- erty in the US, Philip Alston showed how a severe neglect of poverty and inequality resulted in flagrant human rights issues, even in countries that are not immediately associated with them54. As the report notes, it is often women and children who are most affected by poverty; a fact that is worsened by policies that erode the health care system or social services. This is caused by the insecure living conditions of pregnant women, poor conditions during labour and post-pregnancy and inadequate facilities for ensuring an adequate level of hygiene for infants and small children in order to protect them from diseases. Hence infrastructure - ensuring that natural and urban environments are able to respond to the pressure that their users and residents put on them - is of paramount importance. Investments in well-functioning infrastructure are needed, as cities keep developing unevenly. The negative outcomes of insufficient in- frastructure, housing and sanitation services include risks, such as disease, violence, a lack of education and other opportunities for human development and elevated harm from natural disasters55. 51 Jedwab et al. 2017. 52 Brandful, Eridaw-Kwaise & Amoateng 2015: Rethinking sustainable development within the framework of poverty and urbanisation in developing countries. Environmental Development, no. 13 (2015), pp. 18–32. 53 McGranahan, Schensul & Singh 2016: Inclusive urbanization: Can the 2030 Agenda be deliv- ered without it? Enviroment and Urbanization. 54 OHCHR 2017a: https://www.ohchr.org/EN/NewsEvents/Pages/Dis- playNews.aspx?NewsID=22533 55 International Organization for Migration (2017). World Migration Report 2018. p. 230 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22533 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22533 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 37 2 Migration From a legal perspective, notwithstanding of the situations of non-refoulement56, states are free to decide whether they grant entry to non-nationals57. The right to citi- zenship connects individuals with specific state(s), whose laws apply accordingly within their territories. As for refusing the entry or residence of others, international law allows a notable amount of discretion for the states to decide for themselves. Alt- hough states have the right to control their borders and return irregular migrants, their discretion is constrained by the fundamental rights of individuals, even if they lack the permission to enter or stay in the country. Immigration, emigration, naturalisation, loss of citizenship and the rights of non-citi- zens have historically been prominent issues on the states’ policy agendas and linked with themes like security, sovereignty, ethnicity, culture and nationalism58. The states have been reluctant to ratify treaties that would legally limit their sovereign right and opportunity to decide on people’s rights to enter and stay within their borders59, but many states have de facto accepted international norms that limit these possibilities. Currently, the main limitations to this stem from international law through 1951 Refu- gee Convention and the subsequent documents, and the non-refoulement principle. Different legal instruments are applied to asylum seekers and refugees, regular mi- grants and labour migrants. Lately, a central issue in the politics involving migration has been the question of how to deal with irregular migration and its negative human rights impacts. In the 19th century, Europe was a region of emigration rather than immigration, but particularly the of Cold War, the curve has changed. In the post-war context, migration was one of the difficult outcomes of global disarray. Displacement, the status of ethnic and religious minorities and diasporas were a concern in Europe and elsewhere. This was a consequence of the war, during which people were relocated in great numbers. During the Cold War, the movement of individuals was controlled in various ways in the Soviet sphere of interest. Later on, in the 1990s, the European Union introduced 56 For an introduction of this principle in the international law, see https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrinci- pleNon-RefoulementUnderInternationalHumanRightsLaw.pdf 57 International Commission of Jurists 2011, p. 43 58 E.g. Fahrmeir 2007; Gosewinkel 2003; Joppke 2010. 59 Baird 2011: p. 4, 17–20 https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1687162/Baird.pdf https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHumanRightsLaw.pdf https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHumanRightsLaw.pdf https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1687162/Baird.pdf https://law.unimelb.edu.au/__data/assets/pdf_file/0004/1687162/Baird.pdf PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 38 an area of free movement to its citizens. In turn, workers have had a long history of establishing communities outside of their respective countries of origin. Migration to Europe, but also to other regions, is expected to rise. The primary reason for international migration is work-based and most of these migrants live in high-in- come countries employed in the service sector. Most of them pursue a higher stand- ard of living, better career opportunities or the availability of employment. There are also high-skilled migrants the states compete to attract with easier access to the country and other benefits. At the same time, global migration caused by conflicts and other factors is peaking. The rising number of migrants will have consequences on human rights, especially from the perspective of economic, social and cultural rights. At the heart of migration as a legal and political issue are the factors of national sover- eignty, security and state borders, human security, and imbalance in the standards of living. Migration is one of the most prominent issues in security discourse. There are several dimensions included that also resonate with the changing security paradigm (see chapter 4). Firstly, conflicts and terrorism continue to result in extensive levels of inter- nal and international displacement. In the Middle East for example, Syria, Iraq and Yemen are facing large-scale humanitarian crises and about 65 percent of Syrians are now displaced. Over 3 million Iraqis are displaced within the country and the politi- cal and security situation in Yemen has continued to deteriorate.60 Reduction of envi- ronmental resources (see chapter 1) also results in, and is increased by, armed con- flicts, which have been reported to be the most commonly stated reason for applying asylum in Europe in recent years. Tensions between ethnic groups and gendered vio- lence have also increased insecurity within the applicants’ home communities.61 Secondly, migration has increasingly been associated with border security. Recently, so called securitisation of immigration (see chapter 4) and the way the issue of mi- grants and asylum seekers has been approached from the viewpoint of security in- stead of human rights has been criticised for producing a narrow and potentially hos- tile view on migrants as a group62. Thirdly, immigration is linked to intra-state security - a dimension that has become emphasised in Europe, especially after the increase in terrorist attacks during the past 60 UNHCR 2017: Global Trends: Forced Displacement in 2016. UNHCR, Geneva. Available at www.unhcr.org/5943e8a34 61 SaferGlobe 2018: EU:sta turvapaikkaa hakevien turvattomuuden syyt lähtömaissa ja mat- kalla. Policy Brief 3/2018 62 Prokkola 2018: Rajan turvallistaminen ja poikkeustilan arjen geopolitiikka. Tornion kaupunki maahantulon reittinä syksyllä 2015. Alue ja Ympäristö 47: 1 (2018) pp. 3–16 PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 39 20 years. The main questions surrounding intra-state security are how to find the best policies to ensure that immigrants are fully able to enjoy their human rights and how to strengthen the relationship between communities through supportive integration measures. Perspectives on the manifold reasons for migration often influence public discussion. The vocabularies employed bend in various differing directions, even among im- portant global institutions: it is not clear how a migrant is defined in terms of time-span or their background, i.e. if migration is considered to include forced migration and ref- ugees or if workers’ rights, family reunification or students should be discussed as part of a different framework. Thus public discussion on refugees and asylum seek- ers, regular migrants, migrant workers or labour migrants, economic migrants and ir- regular migrants, their situations and the implications of their legal status, is often muddled. Recent debates at the UN level concern questions, such as governing mi- gration through better international coordination, whereas, debates over border con- trol have been dominant at the regional level in Europe. This chapter emphasises the question of irregular migration. Even regular migrants face exploitation in many cases, but irregular migrants are even more vulnerable to human rights violations. They face discrimination, exploitation and marginalisastion, and they often live and work without any official status63. As a phenomenon, irregular migration has been one of the leading migration trends during this century64. Recent efforts in the UN aim at finding ways to increase international cooperation to control irregular migration and ensure a human rights based approach to migration govern- ance (see chapter 2.1). The rights of migrant workers are discussed below, in the con- text of the changing labour market in Europe (chapter 3.3). The International Organisation for Migration (IOM) defines irregular migration as “movement that takes place outside the regulatory norms of the sending, transit and receiving countries”65. Irregular migration is combatted at the border and beyond. In- ternational borders are not zones of exclusion or exception for human rights obliga- tions. There is a clear tension between migration control and migrants’ human rights. The human rights of all persons at international borders must be respected in the pur- suit of border control, law enforcement and other state objectives, regardless of which 63 OHCHR 2017c: https://www.ohchr.org/en/issues/migration/pages/migrationandhuman- rightsindex.aspx 64 European Political Strategy Centre 2017: https://ec.europa.eu/epsc/sites/epsc/files/epsc_- _10_trends_shaping_migration_-_web.pdf 65 International Organization for Migration 2017: World Migration Report 2018. https://www.ohchr.org/en/issues/migration/pages/migrationandhumanrightsindex.aspx https://www.ohchr.org/en/issues/migration/pages/migrationandhumanrightsindex.aspx https://ec.europa.eu/epsc/sites/epsc/files/epsc_-_10_trends_shaping_migration_-_web.pdf https://ec.europa.eu/epsc/sites/epsc/files/epsc_-_10_trends_shaping_migration_-_web.pdf PUBLICATIONS OF THE GOVERNMENT´S ANALYSIS, ASSESSMENT AND RESEARCH ACTIVITIES 2019:50 40 authorities perform border governance measures and where such measures take place. 2.1 Migration and human rights in the UN: Global Compact for Migration The most notable UN-led development of 2018 is the negotiating of the Global Com- pact for Safe, Orderly and Reg