Call for Applications: Terms of reference for conducting the study on the development of a specific legal framework for the protection of forcibly displaced persons in Africa due to climate change
MANDATE OF THE SPECIAL RAPPORTEUR ON REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS IN AFRICACALL FOR APPLICATIONCall for Applications Terms of reference for conducting the Study on the. . .
MANDATE OF THE SPECIAL RAPPORTEUR ON REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS IN AFRICACALL FOR APPLICATIONCall for Applications Terms of reference for conducting the Study on the Development of a Specific Legal Framework for the Protection of Forcedly Displaced Persons in Africa due to Climate ChangeI. CONTEXT AND JUSTIFICATION1. The African Commission on Human and Peoples’ Rights (ACHPR) adopted resolution ACHPR/Res. 628 (LXXXII) 2025 on the need to conduct a study on the development of a specific legal framework for the protection of forcibly displaced persons in Africa due to climate change. This resolution mandates the Special Rapporteur on the situation of refugees, asylum seekers, internally displaced persons and migrants in Africa to conduct a study on the development of a specific legal framework for the protection of forcibly displaced persons in Africa due to climate change. This study will examine current legal gaps and propose recommendations aimed at better protecting these populations. 2. Climate change is having a devastating impact on Africa, leading to massive population displacements due to drought, floods, storms, and other natural disasters. These displacements, often internal, place displaced people in a highly vulnerable situation, exposing them to increased risks to their safety, health, livelihoods, and fundamental rights. 3. According to projections, by 2050 , the number of people displaced by climate change in Africa will reach 113 million . The lack of formal international status for "climate refugees" is becoming an increasing concern that requires swift and appropriate responses. Indeed, under international law, the 1951 Geneva Convention relating to the Status of Refugees (Geneva Convention) limits this status to persons who have a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The existing African framework for displacement, consisting mainly of the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention) and the 2009 African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), would also need to be reassessed to recognize the adverse and extraterritorial effects of climate change as drivers of cross-border displacement . 4. The OAU Convention on Refugees It is unique in that it broadens the international definition of a refugee, going beyond the Eurocentric focus of the Geneva Convention to protect people fleeing more general conditions of unrest or upheaval in Africa. Under Article I(2) , it includes people forced to flee their country due to "events seriously disturbing public order. "5. However, despite the existence of this legal framework, it is necessary to examine the various legal options for strengthening the protection of displaced persons in the context of climate change, including the evolving interpretation of existing instruments, the possible development of new regional normative frameworks, and the exploration of the possibility of creating a “climate refugee” status. It would therefore be important to thoroughly assess the extent to which existing African instruments already provide a legal basis for addressing the protection needs of persons displaced by the effects of climate change, while also considering the potential for complementary normative development at the continental level. 6. Moreover, recent developments within the African Union demonstrate a growing interest in examining the scope of Article 1(2) of the OAU Convention in the context of displacement related to the adverse effects of climate change and disasters. The Specialized Technical Committee on Migration, Refugees and Internally Displaced Persons has specifically called for further reflection on the interpretation of Article 1(2) of the 1969 OAU Convention in this context. II. STUDY OBJECTIVES7. The general objectives of the study are as follows:Analyzethe gaps in international and regional law regarding the protection of people forcibly displaced due to climate change, including by assessing the inadequacy of current international and regional law to cover the specific needs of climate displaced persons. Identifythe specific needs of these populations in terms of protection, assistance and sustainable solutions, while taking into account the differentiated impact on vulnerable groups (women, children, indigenous peoples, etc. ). Analyzethe legal and practical viability of using the OAU Convention to protect people displaced across borders by climate change. To propose recommendations for the development of an appropriate legal framework, which could include amendingthe 1969 OAU Convention relating to the Status of Refugees to include the status of "climate refugee", or to lay the groundwork for a binding regional legal instrument or a common African position based on human rights. To assessthe relevance and feasibility of an evolving interpretation of the notion of "events seriously disturbing public order" within the meaning of Article I (2) of the OAU Convention of 1969 in the context of displacement related to climate change and disasters. 8. Specific objectives include:Assess :- If the effects of climate change and natural disasters can be classified as "events seriously disturbing public order" within the meaning of Article I(2) of the OAU Convention. - The needs in terms of prevention, early warning, community resilience and sustainable solutions. Examinethe specific implications of climate displacement for women, children, the elderly, people with disabilities, indigenous peoples, pastoral communities and other vulnerable groups. Analyze:- The implications, opportunities and limitations of applying Article II (relating to the granting of asylum) for these populations. - The links between climate change, conflicts related to natural resources and forced displacement. Identifythe legal criteria that could allow for the assessment of a serious disturbance to public order in situations where climatic, environmental, security and socio-economic factors combine. Explorethe possibility of establishing a legal status of "climate refugee"Formulateconcrete recommendations for the member states of the African Union, the United Nations High Commissioner for Refugees (UNHCR) and other stakeholders. III. PROPOSED METHODOLOGY9. The study is based on an analytical and inclusive approach: Documentary review: Analysis of existing national legislation and regional treaties (1969 OAU Convention, Kampala Convention). This will also include a comparative analysis of the 1951 Convention with African regional instruments. A case law analysis: Examination of the legal considerations of the UNHCR, and the opinions of the African Commission on Human and Peoples' Rights concerning climate-related mobility, as well as any other relevant legal considerations. Case studies and data collection: Documentation of current environmental migration movements and forecasts. Multi-stakeholder and regional consultations: Involvement of States, Regional Economic Communities (RECs), international and regional organizations, civil society, national human rights institutions (NHRIs), affected communities, and international law experts. This will include qualitative interviews with institutional actors and refugee law experts. Analysis:- Work and positions developed by African human rights mechanisms, including the African Commission and Court on Human and Peoples' Rights, relevant Special Rapporteurs, organs of the African Union and National Human Rights Institutions. - Comparative analysis of practices and normative frameworks developed in other regions of the world concerning the protection of displaced persons in the context of climate change and disasters. Integration of a human rights-based approach, taking into account the dimensions of gender, age, disability and non-discrimination. IV. EXPECTED RESULTS10. The expected results are as follows: Provisional report: A preliminary analysis document submitted for validation, containing in particular a comprehensive assessment of the state of legislation in Africa and suggestions on the avenues the study could pursue based on this preliminary analysis. Comprehensive final report: A 50- to 70-page document including a situation analysis ( analysis of the impact of climate change on human mobility in Africa, an inventory of good national practices), an analysis of the existing regional legal framework, a legal analysis of the application of Article II and related articles to the protection of persons forcibly displaced by climate change, an analysis of the possibility of creating a "climate refugee" status, and advocacy strategies, including concrete recommendations for harmonizing national policies. More specifically:- A mapping of protection gaps affecting displaced persons in the context of climate change in Africa. - An analysis of the compatibility between existing African instruments and emerging protection needs related to climate change. - A specific analysis devoted to the interpretation of Article I(2) of the OAU Convention of 1969 and its potential application to cross-border displacements related to climate change. - A range of possible legal and institutional scenarios, including in particular: an evolving interpretation of existing instruments; the adoption of regional guidelines; the development of a complementary protocol or instrument; the adoption of a common African position on the issue. Policy Brief: A concise document for policymakers, summarizing key findings and recommendations. V. PROFILE OF THE EXPERT OR TEAM OF EXPERTS11. The study requires an expert or a multidisciplinary team possessing: High-level legal expertise in international law, refugee law and human rights. A solid understanding of the issues related to climate change in Africa. Proven experience in pan-African institutional research (e. g. , AU, ACHPR), legal research and a solid understanding of the African refugee protection system. In-depth knowledge of the mechanisms of the African Union and recent developments relating to climate change, human mobility and human rights on the African continent. Proficiency in English, French, Arabic or Portuguese; Prior experience working with regional or international organizations. VI. DURATION12. The study is planned for a total duration of 8 months , according to the following indicative schedule: Months 1 to 2: Submission of the methodological note and documentary research. Months 3 to 5: Data collection in the field (surveys, regional workshops). Month 6: Submission of the provisional report. Month 7: Feedback and integration of observations. Month 8: Validation and submission of the final report. VII. ADMISSION REQUIREMENTS13. Interested candidates must submit: Cover letter indicating the position for which they are applying; Resume; A brief technical proposal (maximum 3 pages) describing:- Understanding the mission;- Proposed approach;- Relevant experience; Two recent examples of similar or related work; Contact details of three professional references. VIII. SELECTION CRITERIA14. Applications will be evaluated based on the following criteria:i. Academic qualifications;ii. Relevant professional experience;iii. Technical expertise;iv. Understanding the subject;v. Quality of previous work;vi. Regional and thematic expertise. IX. SUBMISSION OF APPLICATIONS15. Applications must be submitted electronically to:[email protected], with copies to[email protected];[email protected]; and[email protected]Subject :“Call for expressions of interest – Expert – study on the development of a specific legal framework for the protection of forcibly displaced persons in Africa due to climate change. ”X. SELECTION PROCESS16. The selection process will include the following steps: Administrative review of applications to verify that they are complete and admissible; Technical evaluation of eligible applications with regard to established requirements in terms of qualifications, experience and skills; Establishment of a shortlist of the most qualified candidates; Interviews with shortlisted candidates, when deemed necessary; Selection and recommendation of the most qualified candidate; Issuance of engagement letters and conclusion of consulting contracts in accordance with the procedures agreed between the Parties. XI. DEADLINEApplication deadline:Monday, August 31, 2026Only shortlisted candidates will be contacted.