African Climate Platform petitions African Human Rights Court for Advisory Opinion on States’ climate obligations

The African Climate Platform (ACP), has petitioned the African Court on Human and Peoples’ Rights for an Advisory Opinion on the obligations of African States to protect human rights and communities facing the escalating climate crisis.

Submitted on Friday, May 2, the petition was made in collaboration with the Pan African Lawyers Union (PALU) and other civil society organisations. It seeks an authoritative interpretation of the obligations African States hold under the African Charter and related instruments to protect human and peoples’ rights in the context of the climate crisis.

Addressing a virtual press conference after submitting the petition, The Lead Coordinator of ACP, Alfred Brownwell, in Arusha, Tanzania, said the request seeks clarification on the human rights obligations of African States—both positive and protective—under the African Charter.

“Our submission focuses particularly on the right to life, the right to health, the right to development, and the right to a generally satisfactory environment,” he stated.

He argued that it is imperative to understand what obligations States have under regional and international law, especially at a time when the effects of climate change are disproportionately impacting vulnerable communities across the continent.

“We request that the Court offer an authoritative interpretation on the scope and nature of these rights in the face of the climate emergency and outline the corresponding legal duties of States to safeguard them,” he added.

The petition also requests the Court to clarify whether these obligations include taking measures to prevent foreseeable harm, regulate third-party conduct (particularly that of multinational corporations), implement meaningful adaptation and mitigation strategies, and provide access to climate-related information.

He further called on the Court to assess whether States are required to involve affected communities in environmental decision-making processes and to adopt climate policies that are participatory, transparent, and accountable.

The petition is grounded in a constellation of African legal instruments, including the African Charter, the Maputo Protocol, the Kampala Convention, and the African Charter on the Rights and Welfare of the Child. It also draws on international frameworks such as the Paris Agreement, the UN Framework Convention on Climate Change, and the Convention on Biological Diversity.

In addition, PALU and its partners are urging the Court to consider interpretive tools like the African Commission’s resolutions on climate and human rights, as well as soft-law frameworks such as the Sustainable Development Goals and Agenda 2063. These instruments, they argue, collectively support a rights-based approach to climate governance and accountability.