Defining Climate Displacement in Africa: Legal Implications in Light of the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers

Legal definitions shape rights, obligations, and protections in international, regional and domestic law. However, there is no universally accepted legal definition for individuals forced across borders by the impacts of climate change. This legal uncertainty creates protection gaps, leaving climate-displaced persons in limbo. The African Guiding Principles on the Human Rights of All Migrants, Refugees, and Asylum Seekers (2023) seeks to address this by explicitly defining "climate refugees" and "climate migrants". These definitions clarify state obligations and provide a framework for protecting climate-displaced persons, though as a soft law instrument its legal force depends on state domestication. This article examines the implications of these definitions within African regional law. It first explores the role of legal definitions in shaping and enforcing rights. It then evaluates pre-existing international and regional frameworks, highlighting the legal gaps in addressing climate displacement and mobility. The article critically analyses how the African Guiding Principles strengthen the protection of persons displaced by the impacts of climate change by confirming that they may qualify as refugees under the OAU Refugee Convention and introducing "climate migrant" as a distinct legal category. Finally, it assesses the challenges and opportunities in domesticating these definitions within African Union member states. The African Guiding Principles set a global precedent for legal responses to climate-induced displacement by formally recognising climate-displaced persons. This article argues that the domestic adoption of these definitions is essential to closing the gaps in protection and ensuring that the rights of African climate-displaced persons are respected, protected and fulfilled.