A Human Rights Framework Analysis of Climate Change Adaptation Policies and Laws in South Africa and Nigeria

Abstract

Climate change continues to exacerbate human rights vulnerabilities worldwide, including in Africa, with South Africa and Nigeria, despite having minimal historical emissions, experiencing intensifying floods, droughts, heatwaves, and environmental degradation that threaten rights to life, health, water, food, housing, and equality. Although both states have adopted climate adaptation policies and legislation, it remains unclear whether these instruments genuinely integrate the human rights principles and standards necessary to confront these escalating risks. This study engages with international human rights instruments to develop a human rights framework for climate adaptation, grounded in universality, equality, participation, accountability, and the substantive protection of rights affected by climate change. Using a doctrinal and comparative approach, the study demonstrates through its analysis that existing adaptation policies and legislation on adaptation provide only superficial and fragmented recognition of human rights, lacking the normative clarity and operational depth required to safeguard vulnerable populations. Consequently, rights protection is weakened, climate-induced threats are magnified, and the absence of explicit human rights anchoring generates heightened risks of state inaction and maladaptation. The study argues that climate adaptation, with a focus on human rights, must be pursued to achieve adaptation objectives. As shown, several constitutional values, including the Justiciability of socio-economic rights, may provide a coherent framework for implementing rights-based climate adaptation. In particular, while there are mutual lessons to be learnt, South Africa's well-grounded constitutional framework, anchored in justiciable socio-economic rights, environmental protection, and access to justice, offers an instructive model for Nigeria in strengthening its adaptation governance.