Climate change and statelessness in South Africa: current laws and future development

Jahnig, Michaela

Climate change and statelessness in South Africa: current laws and future development

Thesis / Dissertation

2025

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

Climate change is a global issue affecting the lives of billions of people. A relatively recent and under-researched issue is the relationship between climate change and statelessness. To be stateless means that a person is not recognised as a national of any state under the operation of its law. The exact number of stateless persons worldwide is unknown given that many stateless people are ‘invisible', yet the United Nations has reported that millions of people worldwide are stateless. Climate change and its impacts are exacerbating this issue through, among other things, the destruction of land and forced displacement of populations. This dissertation considers South Africa's obligations under international law concerning the prevention of climate change-induced statelessness and the protection of persons rendered stateless by climate change. Using the legal frameworks of nationality, statelessness, refugee law, and climate change-induced displacement, this dissertation assesses what South Africa's obligations are and whether these are being met. The assessment is conducted within the context of South Africa as a regional power and one of the highest emitters of greenhouse gases globally. The dissertation's findings are that, either on paper, in practice, or both, South Africa is failing to meet some of its international obligations concerning climate change and statelessness. South Africa's legal regime requires development to prevent climate change-induced statelessness and protect persons rendered stateless by climate change. This development must be appropriate given South Africa's status as a developing country. Brazil, another developing country and leader in its region, has taken significant steps to fight statelessness and climate change-induced displacement in the South American region. South Africa can learn from Brazil's example and its laws to develop its own legal framework to meet its international obligations better and address the issues of climate change and statelessness.

Keywords

Climate change

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