Extra-territorial human rights obligations towards SADC climate migrants

Abstract

This study aims to determine the extent to which existing law provides for states’ obligations towards climate migrants, with its main focus on the SADC region. The study starts by explaining the meaning of climate migration; as well as identifying the group of people that can be described as climate migrants. The study starts by defining the term “climate migrants” and identifying the group of people that can classified as climate migrants. A discussion of the effects of climate change as the cause of climate migration follows. The study turns to focus on the obligations of receiving countries towards climate migrants. In this regard, it explores the concept of extra-territorial human rights as it applies in refugee law, from an international and regional perspective . At regional level the thrust is on the extent to which the African Union and SADC impose obligations on host countries in order to offer legal protection to climate migrants. This study concludes that there are no specific legal frameworks to deal with the host states’ obligations towards climate migrants or their rights. Therefore there is a need for a legal framework which provides for the rights of climate migrant at international, regional and national levels. This would assist in the treatment of climate migrants in host countries. The clearer the states’ obligations towards the rights of climate migrants; the more peaceful the environment for the host countries and climate migrants.