Civil society groups have requested an advisory opinion on the human rights obligations of African states, in the context of climate change, from the African Court on Human and People’s Rights in Tanzania.
In a landmark move for environmental justice and human rights, four organisations submitted a petition on May 2 to the court in Arusha. Court opinions and rulings are not legally binding but carry considerable moral weight.
They include the African Climate Platform, Resilient40, Natural Justice, and Environmental Lawyers Collective for Africa in collaboration with the Pan African Lawyers Union (PALU).
The unprecedented request is the first time African civil society is utilising the court’s advisory mandate to address the climate crisis. The development is described by legal experts and climate activists as a transformational moment for African jurisprudence on climate justice and intergenerational equity.
“Africa, which contributes only a small fraction of global greenhouse gas emissions, is facing overwhelming challenges due to the climate crisis,” Alfred Brownell, lead campaigner of the African Climate Platform, said in a statement.
“The alarming rise in the frequency and severity of droughts and flooding, along with escalating temperatures, poses grave threats to both natural ecosystems and the livelihoods of countless individuals,” he said.
Brownell called the petition an urgent and “heartfelt plea for justice” for the communities enduring these harsh realities.
“Our mission is to put in place strong protective measures against environmental harm, ensuring that the dignity and resilience of the millions of Africans confronting these challenges are upheld,” he said.
“We are deeply committed to ensuring their fundamental rights are acknowledged and their voices resonate in discussions regarding the governments’ responsibilities toward past, present, and future generations.”
“By advocating these crucial principles, we seek to strengthen intergenerational responsibilities and promote a new legal framework that emphasises multigenerational obligations and duties for states. Africa’s poor must not pay for the lifestyle of the historical emitters.”
