Research Handbook on Climate Change, Migration and the Law
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Research Handbook on Climate Change, Migration and the Law

Edited by Benoît Mayer and François Crépeau

This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.
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Chapter 8: Indigenous peoples, climate migration and international human rights law in Africa, with reflections on the relevance of the Kampala Convention

Ademola Oluborode Jegede

Abstract

Due to the adverse effects of climate change and response projects under the REDD+ and Clean Development Mechanisms (CDM) initiatives on their lands, indigenous peoples are vulnerable to migration. International human rights instruments developed under the aegis of United Nations (UN) are inadequate to meet the challenge of migration of indigenous peoples posed by climate change and response measures. The instruments make no specific link between climate change and migration and they fail to define concrete obligations of international agencies to establish appropriate remedy mechanisms. This chapter discusses the link of climate change to the migration of indigenous peoples and the gaps in UN international human rights instruments and treaty bodies for their protection. It then argues key provisions in the Kampala Convention of the African Union (AU) which can serve as important normative lessons to any global instrument that will address the link of climate change to the migration of indigenous peoples.

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