The African Commission on Human and Peoples' Rights (the African Commission), meeting at its 82nd Ordinary Session, held from 25 February to 11 March 2025 (virtually);
Recalling its mandate to promote and protect human and peoples‘ rights in Africa by virtue of Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter), in particular paragraph 1/a which mandates the African Commission to collect documentation, conduct studies and research on African problems in the field of human and peoples' rights;
Further recalling in particular its Resolutions DACHP/Res.153 (XLVI) 09 on climate change and human rights and the need to undertake a study on its impact in Africa; DACHP/Res.271 (LV) 14 on climate change in Africa; DACHP/Res. 342(LVIII) 2016 on climate change and human rights in Africa; DACHP/Res.369 (LX) 2017 on the situation of internally displaced persons in Africa; ACHPR/Res.568 (LXXVII) 2023 on the commitment of the ACHPR to accompany States in the search for durable solutions with a view to reducing and ending forced displacement of persons and its consequences in Africa; and ACHPR.Res.582 (LXXVIII) 2024 on the need to take measures to reduce forced internal displacement in Africa;
Considering the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers, adopted by the African Commission in 2023, in particular Principle 32 which reminds States of the need to recognise the adverse and extraterritorial effects of climate change as drivers of climate displacement and migration;
Considering also the Strategy and Action Plan for Climate Resilient Development in Africa (2022-2032) which aims to address the negative consequences of climate change;
Recalling the United Nations Framework Convention on Climate Change (1992), the Kyoto Protocol to the Convention (1997) and the Paris Agreement (2015) adopted at COP. 21, which establish that it is the responsibility of States to preserve the climate system for the benefit of present and future generations, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities;
Reaffirming that Africa, despite contributing only about 4% of global greenhouse gas emissions, is particularly vulnerable to climate change, and that the effects of climate change remain among the main threats to sustainable peace and security in Africa;
Considering Africa's vulnerability to climate change and the fact that access to natural resources such as water could be a growing cause of conflict on the continent;
Concerned by the constant increase in the number of forced displacements on the continent as a result of natural disasters such as floods, storms, cyclones and droughts, mainly due to climate change, affecting in particular agriculture and the availability of water resources and exacerbating food insecurity and certain inter-community conflicts;
Recalling that, despite recent developments in case law, the category of ‘climate refugee’ has not yet been enshrined in positive law, either international or regional, since climate-related reasons do not entitle people to the right of asylum, thus depriving millions of people of the international protection they need;
Taking into consideration the initiatives of many actors and experts on the possibility of applying the criterion of ‘events seriously disturbing public order’ under the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa in the context of climate change-related displacement, in particular the series of research studies launched by the Office of the High Commissioner for Refugees which includes an evaluation of the 1969 OAU Convention in the context of disasters, environmental degradation and the adverse effects of climate change;
Convinced that the proposal for a legally sound definition of a ‘climate refugee’, based on existing African refugee legislation, will fill the legal gap in this area, provide the necessary protection for many people, and confirm African leadership on the issue;
Aware also of the complexity of the links between the adverse effects of climate change and the forced displacement of people;
Bearing in mind the role of the Commission, under Article 45 (1) (b) of the African Charter, which empowers it to ‘formulate and elaborate, with a view to serving as a basis for the adoption of legislation by African Governments, principles and rules for the solution of legal problems relating to the enjoyment of human and peoples’ rights and fundamental freedoms’;
The Commission:
1. Acknowledges the urgent need to respond to emerging problems, in particular through the establishment of a legal protection framework for persons displaced by climate change, especially when they seek refuge outside the borders of their countries, but also through the development of a common African position, based on human rights, in order to respond to the consequences of climate change on the mobility of persons on the continent;
2. Decides to conduct a study on the development of a specific legal framework for the protection of forcibly displaced persons in Africa as a result of climate change;
3. Requests the Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa to conduct the said study;
4. Invites state and non-state actors to support the study to be carried out.
Done virtually on 11 March 2025
