Addressing the Plight of Environmental Migrants Through African Union and ECOWAS Community Laws: A Case for Climate Justice

Abstract

The movement of people as a result of changes in the environment is not a new phenomenon. People have been moving in response to changes in their environment often seasonally, for centuries. However, recent studies have shown that, large numbers of people are moving as a result of environmental degradation that has increased dramatically in recent years. In the last 20-30 years the international community has begun to slowly recognize the wider linkages and implications that a changing climate and environment has on migration. Whether migration in relation to environmental or climate change are forced or voluntary is also the subject of much debate just as the nexus between migration and changes in the environment or climate. In some situations, such as natural disasters, people may have little choice but to move. However, migration patterns beyond the immediate move may shift between forced and voluntary. In other situations where environmental change is gradual, movement is more likely to be voluntary and linked to other economic, social and political factors. This paper contends that as the bulk of environmental migration tends to occur within countries rather than between countries, it makes more sense to talk of internally displaced persons (IDPs) than refugees, a term which is defined in relation to cross-border movement. Further contends that, since one of the core effects of changes in the environment or climate is competition over natural resources (such as habitable land, agriculturally productive land and access to clean water) which may lead to conflict and in turn displacement, environmental degradation or environmentally induced-migration therefore, poses a serious threat to the peace and security of the African continent. It is against this background that this paper seeks to achieve the following objectives: i. to provide conceptual clarification of key terms relevant to the topic: environmental migration/migrants, environmental governance, African Union Law and ECOWAS Community Law, climate justice; ii. to examine the legal and policy response frameworks to the plight of environmental migrants in Africa arising from poor environmental governance, climate change, environmental degradation and insecurity; iii. to underscore the importance of remedial and distributive justice in achieving or promoting climate justice for victims of climate change or environmental displaced populations; and iv. to conclude with some recommendations.