Bridging The Protection Gap: A Legal Appraisal Of Climate Migrants’ Rights In Nigeria And Under International Law: A Proposal For Reform

Abstract

International law establishes the jurisprudential foundation for addressing climate
migration, providing a framework for nation-states to develop sustainable policies
for its governance within their respective jurisdictions. In Nigeria, climate migration
has become an escalating concern, with millions displaced due to climate-induced
events. The protection of climate migrants presents a complex legal challenge that
necessitates a multidimensional approach. Accordingly, this paper critically
examines the international legal frameworks governing climate migration and the
protection of affected persons. It further analyses Nigeria’s legal and policy
structures on climate migration through the lens of human rights, assessing their
alignment with international standards. The study adopts doctrinal legal research
methodology with consideration of primary and secondary sources of laws. The
study reveals significant legal and policy deficiencies that undermine the
effectiveness of climate migrant protection in Nigeria. It, therefore, advocates for
the harmonisation of domestic legal and policy frameworks with international best
practices to enhance the protection and governance of climate migration in Nigeria.
The study proposes a Nigeria-Specific Climate Migration Legal Framework (NCMLF) that combines human rights, environmental law, and refugee law to guarantee
climate migrants’ rights in Nigeria under International Law.