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African Climate Obligations - Activists Seek Court Clarity

May 14, 2025

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Across Africa, from the drought-stricken Sahel to the flood-prone coasts, the impacts of a changing climate are being felt with increasing severity. Now, a coalition of African climate justice advocates has taken a bold step, filing a formal application with the African Court on Human and Peoples’ Rights. Their aim is clear: to seek an advisory opinion clarifying the legal obligations of African states in addressing the escalating climate crisis. This legal action brings the issue of African Climate Obligations to the forefront, intertwining it with Climate Justice and fundamental Human Rights considerations before the African Court.

This landmark initiative is spearheaded by the African Climate Platform (ACP) and its partners, including Resilience40, Natural Justice, and the Environmental Lawyers Collective for Africa. The Pan African Lawyers Union (PALU) also supports this effort, marking a significant coalition across the continent. Their objective is to secure a definitive interpretation of critical human rights provisions enshrined in the African Charter, specifically within the context of climate change.

“This petition is our collective voice against these injustices and a demand for accountability and protection,” the coalition stated jointly, highlighting the urgent need for legal clarity and action. This legal avenue is essential for African communities disproportionately affected by climate change, who often lack the resources to adapt and mitigate its impacts.

This marks the first time the African Court has been petitioned to address the climate crisis directly. The advocates are specifically seeking the Court’s guidance on the interpretation and application of several articles within the African Charter, including the right to life (Article 4), the right to health (Article 16), the right to development (Article 22), and the right to a generally satisfactory environment (Article 24). While Africa contributes less than 4% of global greenhouse gas emissions, the continent bears a disproportionate burden of climate-related disasters, making this legal pursuit even more critical.

Africa’s Low Emissions vs. High Climate Impact

Alfred Brownell, a prominent environmental activist, announced the legal action at a virtual press briefing on Friday, 2 May 2025. He emphasized the moral imperative behind the legal challenge: “This is not just a legal action—it is a moral call to centre the rights of frontline communities—farmers, fishers, children, and indigenous peoples—most affected by climate change.” Brownell underscored the importance of recognizing Africa not merely as a victim but as a critical partner in global climate action, given that Africans are bearing the brunt of climate change and its impacts.

The consequences of climate change in Africa are stark and far-reaching. Prolonged droughts are decimating agricultural lands, leading to widespread food insecurity. Devastating floods are displacing communities and destroying infrastructure. These climate-induced disasters threaten the lives and livelihoods of millions across the continent. Consider the recent drought in the Horn of Africa, where millions faced starvation, or the catastrophic floods in Mozambique that displaced entire villages. Statistical data consistently reveals a grim picture of escalating human suffering linked directly to climate-related events.

This legal action has garnered widespread support from various stakeholders, including legal experts, feminist groups, youth organizations, indigenous movements, and civil society actors from across Africa. They recognize this as a historic moment in African climate jurisprudence and a crucial milestone toward embedding climate justice into the legal frameworks of the continent.

“As courts around the world are being called upon to act, the African Court now stands at the helm of a new chapter for Africa—one where our laws reflect the realities of our people and the urgency of the climate crisis,” stated a representative of the African Climate Platform, highlighting the significance of the moment. The coalition has explicitly aligned this initiative with the African Union’s Agenda 2063, which envisions “The Africa We Want,” a prosperous and sustainable future for the continent.

In summary, this legal action represents a significant step towards clarifying African Climate Obligations and ensuring that Human Rights are central to climate action on the continent. By seeking an advisory opinion from the African Court, advocates are striving to hold African states accountable and protect the most vulnerable populations from the devastating impacts of climate change.

“This is not just a legal plea—it is a bold assertion of our right to survive, to thrive, and to lead,” said one of the advocates.

Image Source: MYJOYONLINE

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