On March 29, 2024, I had the honor of presenting my article at the Symposium addressing African Perspectives on International Climate Change Law. Climate litigation is gaining momentum, resonating across various legal spheres as a pivotal form of public interest litigation. My co-author Marie Fall and I considered the African Court on Human and Peoples’ Rights (ACtHPR) as a unique arena for individuals and NGOs to challenge state actions regarding climate change, evaluating both the potential benefits and the obstacles that might arise in such cases.
Contentious climate lawsuits at the ACtHPR can create precedents with binding judgments, reaching beyond individual cases to send significant messages to all African nations. The African Charter allows individuals or NGOs to assert human rights violations linked to climate damage, akin to practices seen in the European Court of Human Rights. This could pave the way for holding states accountable for their climate responsibilities, provided the procedural hurdles of exhausting domestic remedies are navigated appropriately.
Despite the potential, suing states presents challenges. Although some African nations like South Africa contribute significantly to global emissions, only a fraction of them recognize the ACtHPR’s jurisdiction. With just eight states permitting NGO lawsuits, the withdrawal of previous declarations by nations such as Côte d’Ivoire, Tanzania, and Benin poses a formidable barrier for climate litigants.
Additionally, the ACtHPR may consider issuing advisory opinions on climate issues. Such opinions, which directly address the unique situation of African states, could solidify expectations regarding their climate responsibilities. While advisory opinions lack binding force, their influence on domestic law and policy can be profound, guiding states to comply with international climate norms, despite stringent criteria that limit who can request such opinions.
In conclusion, the journey of individuals or NGOs in seeking justice through climate litigation at the ACtHPR may be lengthy and fraught with difficulties. Yet, it is a necessary avenue to amplify the call for climate justice across Africa. The looming impacts of climate change—ranging from severe droughts to rising sea levels—underscore the urgency for these legal mechanisms to empower voices in the fight against climate injustice, ensuring Africa’s active participation on the global stage.
The article examines the role of the ACtHPR in climate litigation, detailing how individuals or NGOs might challenge state actions linked to climate change. It highlights both contentious cases and the potential for advisory opinions, arguing for the importance of climate justice in Africa. Despite existing barriers, the piece conveys an optimistic outlook for the future of climate-related human rights initiatives.
The article presents a comprehensive overview of climate litigation before the African Court, emphasizing the avenues available for individuals and NGOs to pursue justice. Despite challenges such as the limited number of states recognizing the court’s jurisdiction and the nature of advisory opinions, there remains an optimistic outlook for climate justice initiatives in Africa. The necessity for action is paramount as climate change increasingly threatens communities across the continent.
The article discusses the burgeoning field of climate litigation within the African legal context, particularly focusing on the African Court on Human and Peoples’ Rights (ACtHPR). It highlights the intersection of human rights and climate change, suggesting that individuals and NGOs can bring forward cases to seek accountability from environmentally damaging state actions. By analyzing contentious and advisory proceedings, the work aims to illuminate pathways for effective legal action in addressing one of the most pressing issues of our time.
Original Source: hrp.law.harvard.edu
