(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.

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