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Defining Climate Displacement in Africa: Legal Implications in Light of the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers

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TL;DR

This article examines the African Guiding Principles' definitions of "climate refugees" and "climate migrants," which clarify state obligations and strengthen protections for climate-displaced persons by aligning with the OAU Refugee Convention. It emphasizes that domestication of these definitions is crucial to closing legal protection gaps in Africa.

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Legal definitions shape rights, obligations, and protections in international, regional and domestic law. However, there is no universally accepted legal definition for individuals forced across borders by the impacts of climate change. This legal uncertainty creates protection gaps, leaving climate-displaced persons in limbo. The African Guiding Principles on the Human Rights of All Migrants, Refugees, and Asylum Seekers (2023) seeks to address this by explicitly defining "climate refugees" and "climate migrants". These definitions clarify state obligations and provide a framework for protecting climate-displaced persons, though as a soft law instrument its legal force depends on state domestication. This article examines the implications of these definitions within African regional law. It first explores the role of legal definitions in shaping and enforcing rights. It then evaluates pre-existing international and regional frameworks, highlighting the legal gaps in addressing climate displacement and mobility. The article critically analyses how the African Guiding Principles strengthen the protection of persons displaced by the impacts of climate change by confirming that they may qualify as refugees under the OAU Refugee Convention and introducing "climate migrant" as a distinct legal category. Finally, it assesses the challenges and opportunities in domesticating these definitions within African Union member states. The African Guiding Principles set a global precedent for legal responses to climate-induced displacement by formally recognising climate-displaced persons. This article argues that the domestic adoption of these definitions is essential to closing the gaps in protection and ensuring that the rights of African climate-displaced persons are respected, protected and fulfilled.

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Between 2010 to 2020, the global media generally had a very positive view of the voluntary migration schemes or humanitarian refugee visas promised by their Pacific allies (e.g., Australia and New Zealand). However, the actual implementation of climate migrants’ relocation tells a different story, particularly in the case of I-Kiribati people. This paper examines Australian and New Zealand’s governmental policies of immigration for the Pacific islanders over the last two decades. Drawing on a decolonial theoretical approach inspired by Jonathan Pugh, David Chandler and Elizabeth DeLoughrey, in conjunction with Prem Kumar Rajaram’s post-Marxist migrant economy theory, this paper argues that the Australian and New Zealand governments ultimately only paid lip service to humanitarian aid for climate displaced people. In fact, the proposed schemes for I-Kiribati people or other Pacific climate migrants ultimately serve to convert the migrant populations into the host country’s labour force, of use for its neoliberal economy. The second half of the paper turns to an analysis of an award-winning climate documentary produced by a Canadian film maker, Matthieu Rytz. Rytz’s Anote’s Ark (2018) aligns with the “migrating with dignity” policy proposed by the former I-Kiribati president, Anote Tong. Bringing in Malcom Ferdinand’s decolonial analysis of the figure of Noah’s ark in the climate discourse, the paper problematises the general political consensus advanced by this particular type of contemporary climate documentary and challenges the feasibility of the “migrating with dignity” approach. Most importantly, it questions whether climate migrants can truly build a future with dignity in their host country if they are conditioned to supply the migrant labour market.

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