Friday, May 16, 2025

Africa turns to its highest court in historic climate justice push

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In a groundbreaking step that could redefine the intersection of climate change and human rights across the continent, African civil society has taken the climate crisis to court — the highest human rights court in Africa, no less.

On May 2, 2025, in Arusha, Tanzania, a coalition of civil society organisations led by the African Climate Platform, Resilient40, Natural Justice, and the Environmental Lawyers Collective for Africa, in partnership with the Pan African Lawyers Union (PALU), formally submitted a petition to the African Court on Human and Peoples’ Rights. Their request: an advisory opinion on how African states should fulfil their human rights obligations in the face of a worsening climate crisis.

This is the first time the Court has been approached to issue an opinion specifically on climate justice, marking what many legal and environmental experts consider a historic milestone. The case seeks to establish a legal precedent affirming that the impacts of climate change are not only environmental but also deeply human — affecting people’s access to water, food, health, housing, and even life itself.

“This isn’t just a legal move — it’s a moral and generational call to action,” said Alfred Brownell, Lead Campaigner for the African Climate Platform and an acclaimed environmental lawyer. “Africa contributes the least to global carbon emissions but bears the brunt of the crisis. From deadly floods to catastrophic droughts, climate change is stripping communities of their basic rights. We are urging the Court to declare that environmental degradation is a human rights issue — and that African governments have a duty to protect their people.”

The petition invokes various African legal instruments, including the African Charter on Human and Peoples’ Rights, the Maputo Protocol on the Rights of Women, the Kampala Convention on Internally Displaced Persons, and the African Charter on the Rights and Welfare of the Child. Together, these frameworks offer a legal basis for requiring states to safeguard essential rights threatened by climate impacts — particularly among vulnerable populations such as women, children, Indigenous Peoples, and future generations.

Read also: U.N. court to hear landmark climate change case

Beyond basic rights, the petition also addresses broader systemic issues. It calls for legal clarity and stronger enforcement on topics such as climate adaptation, loss and damage, energy justice, corporate accountability, and the protection of environmental and land defenders — many of whom are under increasing threat for their activism.

Leading up to the Court filing, more than 100 climate advocates, lawyers, youth leaders, and grassroots organisers convened in Arusha to refine the submission and align around a shared vision for climate justice. The atmosphere was intense and urgent, driven by the real-life stories participants brought from across the continent.

“In North Africa, we’re already seeing devastating floods, growing protests over water shortages, and punishing heatwaves,” said Ahmad Abdallah, a human rights defender from Egypt. “Climate change is not a future threat. It is a present crisis, and it is destabilising communities.”

Southern Africa is enduring one of its worst droughts in over a century. “Sixty-one million people face food insecurity,” said Lucien Limacher of Natural Justice. “In some areas, girls are leaving school just to fetch water. Gender-based violence is also on the rise as basic needs become scarce.”

In West Africa, rising temperatures are jeopardising both food systems and livelihoods. “Cocoa farms are drying up, and with them, incomes that millions depend on,” shared Peter Quaqua from Liberia.

The stories from the Democratic Republic of Congo echoed this deepening crisis. “We are witnessing a triple threat: floods, drought, and armed conflict,” said Dorcas Sikujua Faida. “Entire communities are being pushed beyond their limits.”

Climate impacts are not gender-neutral. From Egypt, Shahinaz Adel stressed the disproportionate burden on women. “Women are the caregivers, farmers, and breadwinners in many African households. When climate disasters strike, they suffer first and suffer most.”

Namibian activist and artist Inna Maria Shikongo voiced the urgency from the perspective of youth and women. “Across Africa, young people are experiencing climate anxiety, economic stress, and political exclusion. We are suffering silently. This petition gives us a voice — and we must use it.”

The role of Indigenous Peoples in climate resilience also came to the fore. Agnes Kabujuni of Minority Rights Group highlighted the value of traditional knowledge. “Indigenous communities have lived sustainably for centuries. They are not only victims of climate change — they are key to solving it. We must include their leadership in policy and legal frameworks.”

From a legal perspective, the petition signals a shift in how African institutions are framing the climate crisis. According to June Cynthia Okelo, Economic Governance Officer at PALU, “Africa is not the world’s waste bin. Our people are not disposable. Through this advisory opinion, we are asking the Court to affirm that climate inaction is a violation of human rights. We are done waiting. This is our moment to draw a legal line.”

The filing is expected to spark legal discussions across the continent — and perhaps beyond. Once the Court receives and considers the petition, it may provide guidance that shapes how African states approach climate policy, rights protections, and environmental justice in years to come.

Following the submission, the coalition will host a press conference at the African Court to outline next steps. Regardless of the outcome, this action stands as a powerful message: Africa will no longer accept climate injustice in silence. It is taking the fight to the courtroom.

The African Climate Platform is a growing alliance of civil society organisations, climate justice advocates, Indigenous networks, women’s rights groups, and youth movements dedicated to ensuring African voices are heard — and lead — in the global climate justice movement.

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