Advisory opinions could further strengthen our rights in climate action
The coalition of African lawyers and civil society groups asked African courts about the rights of humans and people for an advisory opinion on the human rights obligations of 55 African Union members during a climate emergency.
The May 2 petition, led by the Pan African Counsel, an alliance of frontline communities and human rights advocates, and the African Climate Platform, calls on the court to interpret the national human rights obligations under the African Charter of the African Charter on the Rights of Humans and People, and among other issues, to prepare subsidies for nutritional pricing, and to prepare subsidies for the protection of people who are most affected by climate change.
While Africa accounts for only a small portion of global emissions that contribute to the climate crisis, the continent is highly vulnerable to climate impacts, and frontline communities facing planting, desertification and flooding are exacerbated by deforestation and growth in fossil fuel development.
The coalition urges courts to consider how multinational companies should be responsible for climate-related violations, and asks third parties to “comply with environmental standards that reduce carbon emissions.”
A 2023 Human Rights Watch report found that the acquisition of land related to the East African oil pipeline will destroy the livelihoods of thousands of Uganda and exacerbate the global climate crisis. Inadequate and delayed compensation for the land lost in the project has affected access to food, health and education in many communities. Despite the devastating impacts on the human rights and climate of the industry, investment in fossil fuel development in Africa is expected to increase in the next few decades.
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Last week’s application comes amid a surge in efforts to involve international courts in climate justice. A similar decision based on the link between rights and climate change is pending in the International Court of Justice and the Court of Human Rights of Americans. Last year, the International Court for Marine Law issued a groundbreaking opinion confirming that states must prevent marine pollution caused by greenhouse gases.
If African courts agree to consider the coalition’s demands, their opinions retain considerable legal and political weight, and can also place human rights at the heart of climate action.
Jose Daniel Rodriguez O’Rou, Ken Ross’ practitioners, environment, and human rights
