38
Boshoff/Protecting the African child in a changing climate
engage with the issue of refugees and displaced persons, except in a
negative sense, to the extent of underlining that measures should be put
in place to ensure that migration does not result in exacerbated
inequalities and challenges to peace and security.51 It therefore does
not contain a proactive initiative to aid in the movement of those who
may need it the most, including climate refugees. This is in stark
contrast to the New York Declaration for Refugees and Migrants and
the subsequent Roadmap adopted by the United Nations in 2016,
which provides for the detailed protections for refugees and migrants.52
This Declaration clearly and explicitly addresses the concerns of
children and particularly girls who are migrants or refugees. It also
provides for protection for ‘the human rights of all refugees and
migrants, regardless of status’ (emphasis added), which, while not
directly recognising climate refugees, may at least go some way towards
a wider and more inclusive definition of refugees.
UNICEF particularly calls on states ‘in the absence of an
international legal framework that grants legal status and protection to
these vulnerable migrants – and recognising that many children will be
displaced or migrate internally’ to ensure that the ‘humanitarian,
sustainable development, climate change, migration and disaster risk
reduction frameworks’ that they adopt are based on children’s rights
and the best interest of the child is central to all decisions affecting
them.53 In this regard UNICEF identifies the best practice of the
Children’s Emergency Relief and Protection Act54 in the Philippines as
being ground-breaking national legislation, since it has a dual focus, on
preventing displacement and in protecting the rights of children who
have through necessity been displaced.55 In order to achieve the
protection of these rights, the law includes a ‘child-focused
Comprehensive Emergency Program that guarantees the delivery of
basic needs, the establishment of evacuation centres and transitional
centres for orphaned, separated and unaccompanied children,
increased protection against child trafficking, exploitation and
violence’, as well as aiming to ‘minimise the time children spend
without important documentation and education’, and improved data
collection on affected children.56
3.5
Participation and access to information
Children are not just the victims of climate change induced risks, but
also have an important role to play in finding solutions to the issues we
51
Ghana Business News ‘AU on free movement of people and goods and its
implications on peace and security in Africa’ 27 February 2017, https://www.
ghanabusinessnews.com/2017/02/27/au-on-free-movement-of-people-and-goods-andits-implications-on-peace-and-security-in-africa/.
52
United Nations ‘New York Declaration’ http://refugeesmigrants.un.org/declaration.
53
UNICEF (n 11 above) 24.
54
Republic Act No. 10821.
55
As above.
56
As above.