Category: Participation rights

Categories
2026 Business responsibility / corporate cases Domestic court Fossil fuel extraction Indigenous peoples rights Indigenous peoples' rights Just transition litigation Participation rights Participation rights Right to a healthy environment Right to culture South Africa

Sustaining the Wild Coast v. Minister of Mineral Resources and Energy, South Africa

Summary:
On 14 August 2026, the Constitutional Court of South Africa issued a ruling concerning climate change, human rights, environmental protection, cultural rights, economic development, and sustainable development in the Sustaining the Wild Coast case.

The immediate question before the Constitutional Court concerned the appropriate remedy following unlawful administrative action. However, the judgment has broader constitutional significance. At issue is the Wild Coast, a roughly 250-kilometre stretch of coastline in the Eastern Cape province of South Africa with exceptional ecological, cultural, and economic importance. The area supports customary fishing practices, spiritual practices, and the livelihoods of coastal communities, while also providing habitat for endangered marine and bird species. The area enjoys protection as a recognised protected area in terms of South African national environmental management laws.

In 2013, Impact Africa applied for and was granted an exploration right to undertake seismic exploration for oil and gas. This right was renewed in 2017 and 2021. In 2021, Shell acquired a 50% participating interest in the exploration right. Shell then announced its intention to undertake a 3D seismic survey along the Wild Coast. The seismic survey involved the use of airguns to generate soundwaves directed towards the seabed in order to identify possible oil and gas deposits.

The applicants in this case, who are both non-governmental organizations and individuals, approached the High Court to prevent the respondents from conducting the seismic survey and set aside the decisions granting the exploration. The matter was heard in the High Court, which ordered an interdict preventing the seismic survey from proceeding pending review proceedings. The respondents then appealed to the Supreme Court of Appeal, which set aside the High Court’s order pending the application for the renewal of the exploration right. The applicants then appealed to the apex Constitutional Court.

The Constitutional Court situated the dispute within the interconnected relationship between people, the environment, and socio-economic development. In doing so, it considered the constitutional environmental right in section 24 of the Constitution of the Republic of South Africa, 1996; the rights of affected communities to participate in decisions affecting them; cultural and spiritual rights; dignity; livelihoods; intergenerational equity; and the state’s responsibilities in the context of climate change.

The environmental right in section 24 requires decision-makers to look beyond immediate consequences and consider future environmental conditions: it ‘requires an educated peek into the future with all the attendant uncertainties to safeguard the environment for those who will come after us’. The Court rejected an understanding of environmental protection and economic development as mutually exclusive, and warned against reducing cultural, spiritual, and environmental interests to interests that simply compete with economic development on equal terms. The Court stressed that economic development cannot be pursued without having regard to environmental consequences, while environmental protection cannot automatically prevent all forms of economic activity.

The Court clarified that this approach is relevant to climate change in that fossil-fuel development presents an obvious tension between economic development and environmental protection. This is because extraction may provide economic opportunities while contributing to greenhouse-gas emissions and potentially increasing long-term climate risks. In this regard, it noted that

In the context of extractive industries, the enquiry cannot be reduced to a formal balancing exercise that treats cultural, religious, spiritual and environmental concerns as merely competing interests against economic development. It is also ahistorical to place these interests on equal footing, given the long history of dispossession and marginalisation of coastal communities whose relationships with land and sea have often been subordinated to commercial extraction. Although job creation is a legitimate consideration, it cannot be assumed to be inherently beneficial without asking who receives those jobs, how secure they are and what social, ecological and cultural costs the affected communities are expected to bear. In this context, the communities’ constitutionally enshrined and protected rights are given practical force through procedural duties of meaningful consultation, participation and respect for their cultural and spiritual relationship with the environment. A just and equitable remedy should therefore not allow speculative or corporation-centred economic benefits to outweigh procedural justice where communities’ livelihoods, cultural identity and environmental interests are directly at stake (para. 132).

The judgment does not establish an absolute constitutional prohibition on fossil-fuel development. Instead, it requires these development decisions to be made within a lawful framework that properly considers environmental and climate consequences. The Court therefore understood environmental degradation, often caused by climate change, as potentially producing a cascade of human rights consequences. To this end, the Court permanently terminated Shell’s exploration rights and closed any renewal routes.

This case establishes a broader constitutional vision in which environmental decision-making must account for climate change, scientific uncertainty, community rights, cultural identity, dignity, and the interests of future generations. In this respect, the case strengthens the foundation for a rights-based approach to climate change action in South Africa. This case reaffirms that sustainable development requires genuine integration of environmental protection, human rights and socio-economic interests rather than the prioritisation of one at the expense of others.

Full text of the judgment:
The full text of the judgment is available for download below.

Sustaining the Wild Coast CaseDownload

Date of Decision:
14 August 2026.

Status:
Decided.

Suggested Citation:
Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others; Natural Justice and Another v Minister of Mineral Resources and Energy and Others [2026] ZACC 33.

Credits:
This database entry was contributed by Michaela O’Donoghue, LLD Candidate in the Urban Law and Sustainability Governance Chair, Stellenbosch University, South Africa.

Categories
2022 Biodiversity Business responsibility / corporate cases Domestic court Fossil fuel extraction Namibia Participation rights Participation rights Vulnerability

Ncumcara Community Forest Management Association v. the Environmental Commissioner of Namibia

Summary:
Reconnaissance Energy Africa is a Canadian oil and gas drilling company which operates in Namibia, Botswana, and Angola exploring for oil and gas. In 2019, Reconnaissance Energy Africa obtained a license allowing them to carry out exploratory oil drilling in part of the Okavango Delta. The Okavango Delta is a large freshwater wetland which supplies drinking water to a drought-stricken region susceptible to adverse climate change effects and is inhabited by diverse plant and animal species. Communities in the Okavango Delta in Namibia (represented by the Ncumcara Community Forest Management Committee) opposed these exploratory drilling practices and contested Reconnaissance Energy Africa being granted the license.

The license was later amended, against which the communities objected in a letter addressed to the Environmental Commissioner on 27 May 2022. This letter went unanswered. The communities then appealed to the Minister of Mines and Energy asking for the decision to grant the oil drilling license be rescinded or reviewed. This complaint went unanswered. The communities then filed a complaint with the Namibian High Court asking the Court to require the Minister to respond and to prohibit further drilling. The case was heard in the High Court on 13 July 2022 during which the communities claimed that their (procedural) human rights were being infringed because of the drilling on community-managed land which was already vulnerable to climate change. The communities further argued that they had not been properly consulted as is required by Namibian law, and that the drilling jeopardises the region’s only source of freshwater by making it vulnerable to pollution and exposes already endangered wildlife to increased risk.

The communities sought an urgent interim junction prohibiting any further drilling in the region. The High Court considered section 50 of Namibia’s Environmental Management Act 7 of 2007 in terms of which appeals against the Environmental Commissioner must be brought before and decided by the Minister of Mines and Energy. The Court therefore held that it did not have jurisdiction, and that its intervention would only be allowed where the Minister refuses to make any decision, or if the Minister has already made a decision. The Minister had not done either, meaning that it was still within the Minister’s jurisdiction to consider the communities’ appeals for the drilling licence to be revoked and the drilling to stop. The High Court therefore rejected the communities’ requests, and Reconnaissance Energy Africa continues to conduct exploratory oil drilling in the Okavango Delta. The communities were ordered to pay the legal costs.

Text of the decision:
The text of the decision can be consulted and downloaded below.

Ncumcara Community Forest Management Committee v Environmental Commissioner – DecisionDownload

Date of decision:
29 July 2022

Status:
Decided

Court:
High Court of Namibia, Main Division, Windhoek Judgment

Suggested citation:
Ncumcara Community Forest Management Association v The Environmental Commissioner (HC-MD-CIV-MOT-GEN2022/00289) [2022] NAHCMD 380 (29 July 2022)

Last updated:
3 August 2026

Credits:
This database entry was contributed by Michaela O’Donoghue, LLD Candidate in the Urban Law and Sustainability Governance Chair, Stellenbosch University, South Africa

Categories
Canada Children and young people Domestic court Emissions reductions/mitigation Indigenous peoples' rights Participation rights Participation rights

Maltais et al. v. Minister of Environment, Climate Change and Nature and Attorney General of Canada

Summary:
On 15 June 2026, an application for judicial review was brought in Canadian Federal Court against the Canadian Minister of Environment, Climate Change and Nature and the Attorney General of Canada. The applicants are Marie Maltais, Sophia Mathur, Shirley Barnea, the NGO Environmental Defence Canada and the Canadian Association of Physicians for the Environment, supported by Ecojustice. The second applicant in the case was also an applicant in the earlier case of Mathur et al. v. the Queen in Right of Ontario.

The application alleges that the Minister failed to amend Canada’s Emissions Reductions Plan (ERP) for 2030 in ways that bring it into compliance with legal obligations under the Canadian Net Zero Accountability Act (CNZEAA). The case thus primarily concerns compliance with the targets set out under a domestic climate law, but also involves a procedural rights element given that amendments to an ERP require public and Indigenous consultation under domestic law. This refers to the fact that the CNZEAA allows the Minister to amend the ERP, but in doing so must provide interested persons, Indigenous peoples and others to make submissions.

Application:
The full text of the application can be downloaded below.

Maltais_2026-06-15-Issued-Notice-of-Application-T-2843-26Download

Further information:
The applicants held a press conference concerning the application on 16 June 2026, which can be watched here.

A press release on the case is available here.

Suggested citation:
Federal Court of Canada, Maltais et al. v. Minister of Environment, Climate Change and Nature and Attorney General of Canada, file no. T-2843-26, filed 15 June 2026 (pending).

Last updated:
22 June 2026.

Categories
2024 Children and young people Children's rights/best interests Committee on the Rights of the Child Finland Indigenous peoples rights Indigenous peoples' rights Just transition litigation Minority rights Non-discrimination Participation rights Participation rights Renewable energy Right to culture Right to health Standing/admissibility Uncategorized

M. E. V., S. E. V. and B. I. V. v. Finland

Summary:

On 13 September 2024, the UN Committee on the Rights of the Child (UNCRC) adopted views in the communication M. E. V., S. E. V. and B. I. V. v. Finland. The communication concerned the granting of a mineral exploration permit on the traditional territory of the Sámi people without previous impact assessment (EIA) or free, prior and informed consent (FPIC). The authors of the communication were three sisters, all minors (aged 13, 15 and 16) at the time of filing. They submitted that their rights under articles 8 (right to preservation of identity), 27 (adequate standard of living) and 30 (minority rights) of the UN Convention on the Rights of the Child (CRC), interpreted in light of article 24 (right to health) and all read alone and in conjunction with article 2.1 (non-discrimination), were violated by Finland in permitting a mineral exploration project on their traditional territory without proper EIA and without obtaining the FPIC of their community. They requested interim measures to stop the exploration activity.

The communication concerned the “Lätäs 1” mineral exploration permit sought by a Finnish government agency in 2014, requesting permission to explore deposits of gold, copper and iron by drilling 100 to 300 meter deep holes into the bedrock in 20 locations in the authors’ traditional reindeer herding territory.

The authors argued that “in a situation where the sustainability and transmission to new generations of Sámi reindeer herding culture is already under threat”, given the cumulative impact of past interventions in their territory, as aggravated by climate change, any new intervention violated their right, as Indigenous children, individually and in community with each other and other Sámi, not be denied the right to enjoy their own culture under article 30 CRC.

The authors noted also that: “Finland’s CO2 emissions put it on place 57 among all countries in absolute terms, and 29 per capita, as responsible for climate change, is an argument of why the mineral exploration project object of the current communication violates the Convention in the current circumstances created by climate change. While the authors understand that mitigating climate change requires replacing fossil fuels with renewable energy, they fear that badly chosen forms of such transition may have serious impact on their culture if the transition entails mining (to get battery minerals for electric cars and solar panel systems) and windmill parks in the Sámi territory which already is subject to other great pressures”.

Views of the UNCRC:

The UNCRC, in its Views on the communication, engaged with the State’s objection that the climate aspects of the case had not been raised in the domestic proceedings, whereby the authors had argued that their climate-related claims were raised “only to substantiate their claims on articles 8, 27 and 30 of the Convention, and
not to present a separate claim based on climate change.” The UNCRC accordingly found that all available domestic remedies had been exhausted (para. 8.4).

Although the Committee ‘noted’ the authors’ claim concerning the difficulties of transmission of Sámi herding culture created by climate change and other threats, it did not further engage with these claims in the remainder of its Views, which ultimately found that:

9.24 (…) to ignore the right of Indigenous peoples to use and enjoy land rights and to refrain from taking appropriate measures to ensure respect in practice for their right to offer free, prior and informed consent whenever their rights may be affected by projects carried out in their traditional territories, constitutes a form of discrimination, as it results in nullifying or impairing the recognition, enjoyment or exercise by Indigenous peoples, on an equal footing, of their rights to their ancestral territories, natural resources and, as a result, their identity. The Committee moreover considers that the discrimination suffered by an Indigenous people also impacts their children, whose
preservation of cultural identity is crucial as they represent the continuity of their distinct people.

(…)

9.25 The Committee therefore concludes that the information before it reveals that the granting of the exploration permits without having ensured the effective participation of the authors in a consultation process based on a prior impact assessment of the exploration works on the consequences for Sámi reindeer herding, amounted to violations of the authors’ rights under articles 8, 27 and 30, read in conjunction with article 2.1 of the Convention.

Views:

CRC-C-97-D-172-2022_E_UVDownload

Commentary on the case:

Counsel for the applicants has written about this case that, based on this and other Indigenous rights cases, they “anticipate new cases by the Sámi and other Indigenous peoples concerning states’ positive obligation to undertake positive measures and to treat Indigenous peoples differently from the mainstream population, including when the preservation and transmission to new generations of their distinctive cultures and livelihoods so require in the challenging times of climate change.”

Suggested citation:

UN Committee on the Rights of the Child, M. E. V., S. E. V. and B. I. V. v. Finland, CRC/C/97/D/172/2022, Views of 13 September 2024.

Categories
Deforestation Domestic court New Zealand Paris Agreement Participation rights Participation rights

ELI and Lawyers for Climate Action NZ v. Minister of Climate Change

Summary:
On 10 June 2025, a climate case was filed in the Wellington High Court in Aotearoa New Zealand by the organizations Lawyers for Climate Action NZ and the Environmental Law Initiative (ELI). The case challenges decisions relating to the country’s first (2021-2025) and second emissions reduction plans (2026-2030), including the second plan’s offsetting-led approach, which prioritizes reforestation measures over emissions reductions.

Regarding the first emissions reductions plan, the plaintiffs challenge the ex post cancellation of various projects and actions set out in that plan by the current Government. They argue that domestic legislation, and particularly the Climate Change Response Act, “imposes guardrails on government’s ability to change and cancel climate policies on the fly.” They also challenge the absence of adequate public consultation concerning the changes.

Regarding the second emissions reductions plan, they allege that the Minister of Climate Change is under a legal duty to ensure that emissions budgets are met, which in turn requires the preparation and publication of emissions reductions plans setting out policies and strategies for meeting the emissions budget. The second emissions reduction plan has a wide uncertainty margin, and projects that New Zealand won’t achieve its 2035 target, meaning that according to the plaintiffs it is inadequate, unlawful and too limited in its modeling, as well as taking “an unrealistic and inadequate approach to risk management, relying on a ‘wait and see’ approach it calls ‘Adaptive Management'”. The plaintiffs further challenge the offsetting-led approach of the second emissions reductions plan, and more specifically the decision to prioritize reforestation measures over emissions reductions. They argue that this plan “proceeds on a fundamental error of fact – that forestry offsets and reductions are fungible, when that’s not the case”, and that it does not suffice to comply with the country’s obligations under the Paris Agreement. 

Suggested citation:
Wellington High Court, ELI and Lawyers for Climate Action NZ v. Minister of Climate Change, filed 10 June 2025 (pending).

Further information:
More information is available on ELI’s dedicated website.

The statement of claim is available for download below.

2025-06-10+ERP2+Statement+of+claimDownload

Last updated:
13 March 2026.