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African Court on Human and People’s Rights Climate Advisory Opinion

Summary:
On 2 May 2025, a request for an advisory opinion on climate change was submitted to the African Court on Human and People’s Rights. The request was submitted by the Pan African Lawyers Union (PALU), in collaboration with the African Climate Platform, and other African Civil society Organizations including the Environmental Lawyers Collective for Africa, Natural Justice and resilient40, and seeks clarification of States’ obligations in the context of climate change.

Submitted under article 4 of the Protocol to the African Charter on Human and People’s Rights on the establishment of an African Court on Human and People’s Rights and Rule 82(1) of the Rules of the African Court on Human and Peoples Rights, the request submits that “[a]cross the continent, Africans are suffering the consequences of climate change, whether from rising temperatures, unrelenting droughts, catastrophic floods, vanishing biodiversity, or threats to livelihoods. Climate change in Africa has had prior, current and will have future consequences that impact the enjoyment of numerous rights.”

The request sets out impacts, disaggregating them region-by-region and in terms of the groups of people most affected by climate change (mentioning women and girls, children, the elderly, Indigenous peoples, and environmental human rights defenders in particular).

The request then goes on to discuss several issues of law, beginning with issues of admissibility and jurisdiction and then relying on a wide range of rights and instruments, namely:

In doing so, PALU invites the Court to consider international climate change law, including the UNFCCC, the Kyoto Protocol and the Paris Agreement as well as the UN Conventions on Combatting Desertification and on Biological Diversity.

Rights invoked in more detail:
PALU submits that “a rights-based climate approach is needed to address the challenges posed by climate change” and that the human rights framework “provides a robust legal framework upon which the Court may rely to define States’ responsibilities and duties in the context of climate change […] because the Charter clearly provides for collective rights and the explicit protection of the right to a healthy environment.” PALU accordingly invites the Court to consider the following provisions of the Banjul Charter:

Issues for determination:
PALU submits the following issues for determination by the Court (paraphrased):

(a) Whether the Court can be seized with the question of obligations concerning climate change under the Banjul Charter and other relevant instruments?

(b) Whether the Court can interpret and lay down applicable custom and treaty law regarding States’ obligations and duties in the context of climate change?

If these questions are resolved in the affirmative, the Court is invited to further determine:

(a) What, if any, are States’ human and peoples’ rights obligations to protect and safeguard the rights of individuals and peoples of the past (ancestral rights), and present and future generations?

(b) Whether States have positive obligations to protect vulnerable populations including environmental human rights defenders, indigenous communities, women, children, youth, future generations, the current generation, past generations, the elderly and people with disabilities from the impact of climate change in line with the relevant treaties?

(c) What human rights obligations do States have to facilitate a just, transparent, equitable and accountable transition in the context of climate change in Africa?

(d) What are the obligations of African States in implementing adaptation, resilience and mitigation measures in response to climate change?

(e) What, if any, are applicable human rights obligations of States to compensate for loss, damage and reparations?

(f) What responsibilities, if any, do African States have in relation to third parties, including international monopolies, multinational corporations and non-state actors operating on the continent, to ensure that international and regional treaties and laws on climate change are respected, protected, promoted and implemented?

(g) What, if any, is the nature of the obligations on African States to cooperate with other states especially historical emitters to limit global warming to below the 1.5°C threshold, to avert an existential climate crisis for present and future generations on the continent?

Further reading:
For more information on the advisory opinion request, see this post by Yusra Suedi.

Suggested citation:
African Court on Human and Peoples’ Rights, Request for an advisory opinion on the human rights obligations of African states in addressing the climate crisis, filed 2 May 2025 (pending).

Last updated:
23 May 2025

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