(2017) 1 African Human Rights Yearbook
37
into account the interrelated nature of the causes and effects of human
rights violations.
3.4
Conflict and migration
The African Children’s Rights Charter provides in article 23 for the
plight of refugee children, stating that states should take all appropriate
measures to ensure that a child seeking refugee status or considered a
refugee in accordance with applicable international or domestic law,
shall receive appropriate protection. The problem with this provision is
that the international law related to refugees has not been amended to
provide for climate refugees.50 This means that persons fleeing climate
induced disasters cannot claim refugee status, unless one of the
traditionally accepted grounds is also present, such as conflict. The
African Women’s Rights Protocol, as in the case of development and
environmental rights, provides more extensively for women refugees.
Articles 10 and 11 provide respectively for the right to peace and
protection of women in armed conflict. The right to peace includes a
duty on states to take all appropriate measures to ensure increased
participation of women in structures and processes for conflict
prevention (which in the current context would include climate change
adaptation/mitigation), in the decision-making structures to ensure
physical, psychological, social and legal protection of asylum seekers,
refugees, returnees and displaced persons, in particular women, and in
the management of camps for such persons. Thus through increased
involvement in management by women, refugee camps can be made
more friendly to women and girl children in the way that they are set up,
in order to minimise the risk of sexual violence and to afford privacy to
mothers who are breastfeeding, thus indirectly improving the health of
young children. Involving women in management of asylum seeker
processes may also go some way towards addressing the issues that
refugee girl children face at the borders. This is further strengthened by
article 27 of the African Children’s Rights Charter, which provides that
states should take measures to protect children from all forms of sexual
exploitation and sexual abuse and article 11 of the African Women’s
Rights Protocol which provides for the right to protection in armed
conflict, including where women are displaced, and against sexual
exploitation. Specific steps also need to be taken in terms of these
provisions for children who are separated from their families during
migration, particularly girl children.
Migration could further be seen as a necessary consequence of a
changing climate, with which states will have to deal at a regional or
sub-regional level. The African Union Peace and Security Council in
February 2017 adopted a Decision on ‘Free Movement of People and
Goods and its Implications on Peace and Security in Africa’, aimed at
greater integration at a regional level. However, the Decision does not
50
See article 1 of the Convention Governing Specific Aspects of Refugee Problems in
Africa, adopted on 10 September 1969 by the African Union Assembly of Heads of State
and Government. CAB/LEG/24.3.