Beyond climate migration: the right to remain and the right to development as complementary frameworks for climate mobility governance in Africa
- 1epartment of Land Management, University of Energy and Natural Resources, Sunyani, Ghana
Abstract
IntroductionLegal and policy responses to climate mobility remain overwhelmingly oriented toward displacement, relocation and cross-border protection, overlooking the right of people to remain in their homes under conditions of dignity and security. In Africa, where climate mobility is substantially governance-determined, this migration-centered orientation leaves both displaced and immobile populations inadequately protected, and overlooks the potential of the right to development to govern the terms of relocation where movement proves unavoidable.MethodsThe article employs a qualitative doctrinal legal methodology, undertaking close textual analysis of binding and non-binding international, continental and sub-regional instruments, read alongside African Commission and African Court jurisprudence, and triangulated against empirical and policy evidence from the IPCC, IOM, AfDB, UNEP, IDMC and the World Bank.ResultsThe analysis shows that the right to remain and the right to development, though rooted in distinct provisions of the African Charter on Human and Peoples’ Rights (Articles 20, 22 and 24) and the Kampala Convention, function as complementary rather than competing entitlements. The right to remain requires states to invest in anticipatory adaptation, secure land tenure and support community participation, so that migration becomes a matter of genuine choice; the right to development, read through the African Commission and Court’s jurisprudence in Endorois and Ogiek, governs the terms of relocation, requiring participation, livelihood restoration and benefit-sharing where displacement occurs.DiscussionBuilding on this doctrinal synthesis, the article proposes a three-tiered, preventive governance framework spanning prevention, protection and durable solutions, operationalized through concrete indicators and a sequenced set of institutional pathways involving the African Commission, the African Court, the African Union and National Human Rights Institutions. By repositioning development justice at the center of climate mobility governance, the framework offers African states and institutions a doctrinally grounded, rights-based alternative to reactive, migration-centered models, aligned with the Kampala Convention, the Paris Agreement and Agenda 2063, with implications for climate mobility governance beyond the continent.
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BibTeX
@article{addaney2026beyond,
title = {{Beyond climate migration: the right to remain and the right to development as complementary frameworks for climate mobility governance in Africa}},
author = {Michael Addaney},
journal = {Frontiers in Climate},
year = {2026},
month = oct,
doi = {10.3389/fclim.2026.1928809},
url = {https://doi.org/10.3389/fclim.2026.1928809},
note = {CC BY},
}
RIS
TY - JOUR
TI - Beyond climate migration: the right to remain and the right to development as complementary frameworks for climate mobility governance in Africa
AU - Michael Addaney
PY - 2026
DA - 2026/10/23
JO - Frontiers in Climate
DO - 10.3389/fclim.2026.1928809
UR - https://doi.org/10.3389/fclim.2026.1928809
AB - IntroductionLegal and policy responses to climate mobility remain overwhelmingly oriented toward displacement, relocation and cross-border protection, overlooking the right of people to remain in their homes under conditions of dignity and security. In Africa, where climate mobility is substantially governance-determined, this migration-centered orientation leaves both displaced and immobile populations inadequately protected, and overlooks the potential of the right to development to govern the terms of relocation where movement proves unavoidable.MethodsThe article employs a qualitative doctrinal legal methodology, undertaking close textual analysis of binding and non-binding international, continental and sub-regional instruments, read alongside African Commission and African Court jurisprudence, and triangulated against empirical and policy evidence from the IPCC, IOM, AfDB, UNEP, IDMC and the World Bank.ResultsThe analysis shows that the right to remain and the right to development, though rooted in distinct provisions of the African Charter on Human and Peoples’ Rights (Articles 20, 22 and 24) and the Kampala Convention, function as complementary rather than competing entitlements. The right to remain requires states to invest in anticipatory adaptation, secure land tenure and support community participation, so that migration becomes a matter of genuine choice; the right to development, read through the African Commission and Court’s jurisprudence in Endorois and Ogiek, governs the terms of relocation, requiring participation, livelihood restoration and benefit-sharing where displacement occurs.DiscussionBuilding on this doctrinal synthesis, the article proposes a three-tiered, preventive governance framework spanning prevention, protection and durable solutions, operationalized through concrete indicators and a sequenced set of institutional pathways involving the African Commission, the African Court, the African Union and National Human Rights Institutions. By repositioning development justice at the center of climate mobility governance, the framework offers African states and institutions a doctrinally grounded, rights-based alternative to reactive, migration-centered models, aligned with the Kampala Convention, the Paris Agreement and Agenda 2063, with implications for climate mobility governance beyond the continent.
SN - 2624-9553
ER -