The African Court on Human and Peoples’ Rights is preparing to issue an advisory opinion that could significantly shape how governments across the continent address climate-related displacement. This decision comes at a critical time as the number of people forced to leave their homes due to floods and other climate-driven events continues to rise sharply. Advocates argue that the court has a unique opportunity to clarify states’ legal obligations under existing human rights frameworks and ensure that climate policies prioritize the protection and dignity of affected communities.
The request for this advisory opinion stems from a petition seeking guidance on how the African Charter on Human and Peoples’ Rights applies in the context of climate change. The growing trend of similar legal efforts at international and regional levels reflects an increasing recognition that environmental challenges must be addressed through a human rights lens. However, there remains a significant gap in clearly defining how governments should protect individuals and communities displaced by climate impacts.
Evidence from affected regions highlights the urgency of this issue. In Senegal, for example, coastal flooding displaced fishing communities who were relocated to areas lacking basic infrastructure and essential services. Years after their displacement, many families continue to live in overcrowded and unsafe conditions, illustrating the risks of poorly planned relocation efforts and the absence of long-term, rights-based solutions.
Across Africa, climate displacement is becoming more widespread, with millions of people affected in recent years. Planned relocations are increasingly being used as a response, yet without clear standards, these initiatives risk creating new vulnerabilities rather than resolving existing ones. Experts emphasize that relocation should be considered only as a last resort and must be implemented in a way that respects the rights, needs, and choices of affected populations.
Recent global legal developments have reinforced the principle that climate action must align with human rights obligations and scientific evidence. However, comprehensive guidance on how these principles apply specifically to climate-displaced communities remains limited. The African Court’s forthcoming opinion could fill this gap by establishing clear expectations for governments, including the need to ensure adequate living conditions, participation in decision-making, and access to essential services.
Ultimately, the court’s decision has the potential to influence climate adaptation policies across the continent by promoting approaches that are both effective and rights-respecting. For vulnerable communities already facing the impacts of climate change, such clarity could play a crucial role in ensuring that responses to displacement lead to safer, more sustainable, and dignified living conditions rather than prolonged hardship.
