The protection of climate refugees under the African human rights system: proposing a value-driven approach

Abstract

The predicament of climate refugees has gained international attention. However, there is no explicit legal protection for them under international law, including African regional law. Their legal protection is not clear. Some scholars and practitioners argue that the existing international framework on refugees does not cover climate refugees. At the African regional level, the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa refers to climate-induced displacement but it does not govern migration beyond borders. This article examines international human rights and refugee law instruments, particularly the 1951 UN Convention Relating to the Status of Refugees and 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, to identify the challenges and prospects in the legal recognition and protection of climate refugees in Africa. It finds that the gaps existing in the refugee protection regime for climate refugees is historical and continues up to the present. The article consequently argues that the best way to ensure protection for climate refugees in Africa is the operationalising by the AU of its solidarity and humanistic approach as a demonstration of its commitment to the ideals of Pan-African cooperation for addressing common continental problems.