The Rule of Law in Achieving Climate Justice in Africa

In October 2023, carbon brief reported that about 15,700 died from extreme weather disasters in Africa, and over 29 million people face drought conditions across Niger, Somalia, Ethiopia, Kenya, Djibouti and Mauritania. Climate change undermines economic stability and threatens the fundamental rights and well-being of millions on the continent. The damage done by climate change has led to rising food prices and forced migration pressures. As Africa faces increasing climate-related disasters, the continent's vulnerability to environmental and social upheaval highlights the critical need for a robust legal framework. Achieving climate justice requires emphasizing the rule of law in climate strategies to ensure fair and transparent climate policies and protect vulnerable communities.

Climate scientists predict that the world will grow hotter, experience extreme weather events, and be affected by sea level rise. The Intergovernmental Panel on Climate Change report revealed that global temperatures are rising with the planet warming by more than 1 °C since pre-industrial times. Africa is particularly vulnerable to the impacts of climate change. Therefore, African governments play a crucial role in addressing the climate crisis by empowering vulnerable populations, integrating African Union (AU) climate principles into national policies, and engaging customary laws to protect biodiversity.

To achieve climate justice, African governments must empower the most climate-vulnerable people, such as persons with disabilities and low-income communities in at-risk areas, to realize their environmental rights. Actively involving them in national, regional, and continental decision-making processes ensures their voices shape effective climate policies. Excluding these vulnerable people prevents them from advocating for their rights and interests.

The government should foster inclusivity by encouraging capacity-building in disaster preparedness and sustainable agriculture among vulnerable communities. Additionally, it can establish town halls at the local level to ensure opinions and voices are heard and implemented. For instance, a town hall in a coastal community might address rising sea levels and their impact on livelihoods. Residents can share their experiences, concerns, and ideas, informing adaptation strategies and policies.

Members of the AU should adapt the principles, priorities, and actions of the African Union Climate Change and Resilient Development Strategy and Action Plan (2022-2032) into their national policies and laws. The strategic plan suggests that member states strengthen early warning systems, promote climate-resistant infrastructure, and engage women and youth in climate education, awareness, and participation. Governments that adopt these strategies into their laws and policies provide the space for accountability to the public, thus signaling that there is the political and legal will to protect citizens' safety and livelihoods.

Also, adopting the principles into national policies and laws enhances Africa's capacity to mobilize resources and improve technology access and development for climate action. Private-public partnerships can spur innovation in green technologies since joint investments and knowledge sharing drive progress.

Furthermore, government incentives like clear regulations and standards create a favorable environment for green tech adoption. For example, Namibia's incentives have boosted solar energy installations. In 2015, Nampower, the state-owned utility, allowed independent power projects through a feed-in tariff program. Later, Nampower introduced competitive auctions and policy reforms. By 2018, Namibia had 20 mainly solar projects, with laws requiring some ownership by Namibians, including disadvantaged groups.

Besides, African governments should engage with customary, informal, and indigenous justice systems to protect biodiversity and promote the sustainable use of natural resources. This approach ensures culturally relevant and practical conservation efforts. African governments must collaborate with local communities and traditional leaders who follow customary practices. These systems often have deep knowledge of natural resource management and biodiversity conservation. It is prudent for authorities to recognize and integrate customary, informal, and indigenous practices into legal frameworks.

One way governments can incorporate and engage customary justice systems is to strengthen land rights for indigenous and local communities. Secure land tenure ensures responsible stewardship of natural resources. Legal recognition of customary land tenure can enhance conservation efforts and prevent land grabbing. For example, Kenya's 2016 Community Land Act legally recognizes customary land tenure. This act enables local communities to co-manage forest lands with the Kenya Forest Service. It permits locals to use forest resources and create plantation forests, supporting and improving conservation efforts.

Africa is at the precipice of transformation, facing climate challenges and urgently needing robust legal frameworks. Empowering vulnerable communities and integrating AU climate principles into national policies are essential. By embracing customary justice systems and sustainable practices, Africa can forge a resilient and equitable future.

Gideon Adjei-Mawutor is a writing fellow at African Liberty. He is on X (Twitter): @Giddijei.