The Pan African Lawyers Union (PALU) has initiated a case before the African Court on Human and Peoples’ Rights in Arusha, Tanzania, seeking an advisory opinion on the obligations of African states regarding the climate change crisis.
In collaboration with the African Climate Platform and other African civil society organizations, PALU asserts that the climate change crisis poses an unprecedented threat to humanity and the planet, particularly in Africa, where communities that have contributed the least to greenhouse gas emissions are disproportionately affected by its devastating impacts.
The development comes hot on the heels of another case before the International Court of Justice (ICJ) on the legal obligations that governments have under international law to protect the environment and limit climate change.
The Arusha petition led by a Kenyan Donald Omondi Deya, who is PALU Chief Executive Officer, contends that historical inequities have significantly contributed to Africa’s unique vulnerabilities. The petition highlights colonial exploitation as a critical factor that undermined Indigenous and local land-management practices, stripped communities of their resources, and left a legacy of underdeveloped economies and fragile ecosystems. These historical injustices continue to expose marginalized populations to climate change threats that infringe upon their fundamental rights.
Furthermore, the petition emphasizes that, despite the alarming realities of climate change’s escalating toll, many African nations remain inadequately equipped to confront the challenges it presents. It calls for African states to prioritize the enhancement of policy and legal frameworks related to climate adaptation and resilience, underscoring the urgent need for comprehensive action in the face of this global crisis.
“African States, as custodians of the environment under both international and national law, have obligations to protect the rights to a satisfactory and clean environment, health, life, water, and sanitation, for both present and future generations in light of the negative impacts of climate change. They also have obligations to respect human rights in measures taken to combat the climate crisis. We invite the court to consider the positive obligations on the States in light of the above-mentioned articles given the intersection of climate change and the enjoyment of these fundamental rights,” the petition states.
The petition emphasizes the urgent need for African governments to address pre-existing vulnerabilities, including widespread poverty, inadequate infrastructure, and weak institutional frameworks, which heighten the region’s susceptibility to climate-related shocks. By taking decisive action, it posits that African nations can mitigate the impacts of climate change while establishing a robust foundation for sustainable growth and human development.
Furthermore, the petition urges the court to mandate that African states advocate for climate justice on the global stage. This includes engaging in diplomatic efforts to hold historically high-emission countries accountable for their contributions to climate change. African nations are encouraged to actively participate in international climate negotiations, advocating for ambitious emission reduction targets and securing financial support for adaptation and mitigation initiatives in developing countries.
Additionally, the petition calls upon the court to direct African states to require compliance from third parties, such as multinational corporations, with environmental standards aimed at reducing carbon emissions and combating climate change. This could involve mandating that these companies conduct comprehensive Environmental Impact Assessments (EIAs) prior to initiating major projects or activities that may significantly affect climate change.
The petition also seeks the court’s guidance on the responsibilities of governments in ensuring that nations are genuinely committed to implementing effective adaptation and mitigation strategies. It emphasizes the importance of listening to the voices of affected communities and assesses whether governments are adequately protecting the rights of environmental defenders, women, children, indigenous peoples, and the elderly.
