JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Migration and climate change in Africa: A differentiated approach through legal frameworks on the free movement of people, pp 31-54

Volume: Volume 27 - 2023

Article type: Refereed article

Author/s: Victor T Amadi and Molya ND Vundamina

The global consequences of rapid climate change cannot be overstated. In Africa, drought, flooding and environmental degradation are increasingly important drivers of migration, affecting already vulnerable and indigenous persons, together with factors such as conflict, poverty, and weak democratic governance. This article argues for alternative ways to protect vulnerable persons, alternatives which include regional integration frameworks on mobility. The article interrogates existing regional and subregional migration frameworks in Africa in order to ascertain the level of obligation to protect and facilitate the movement of those compelled to flee disaster-affected areas and seek safety in neighbouring countries. Regional and sub-regional groupings need to learn from each other, as well as utilise and expand on existing provisions for the free movement of people, to effectively accommodate the growing trend of migration due to environmental concerns. A laudable measure to ensure protection and facilitate the movement of such vulnerable persons can be found in the recently endorsed Protocol on the Free Movement of Persons in the Intergovernmental Authority on Development (IGAD).

About the author/s

Victor T Amadi

Postdoctoral Research Fellow, Centre for Comparative Law in Africa, University of Cape Town. https://orcid.org/0000-0001-7543-5912

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Molya ND Vundamina

LLD Candidate, Nelson Mandela University, Gqeberha, South Africa. https://orcid.org/0000-0001-5169-7539

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