In a groundbreaking move, five African organizations have formally petitioned the African Court on Human and Peoples’ Rights to issue an Advisory Opinion clarifying how African states are legally obligated to protect human rights amid the growing climate crisis.
The request, submitted by the Pan African Lawyers Union (PALU) in partnership with the African Climate Platform (ACP), the Environmental Lawyers Collective for Africa (ELCA), Natural Justice, and the youth network Resilient, seeks authoritative guidance on states’ duties under the African Charter on Human and Peoples’ Rights and other regional instruments.
“We are asking the Court to clarify the legal duties of African governments to protect their people from the worsening effects of climate change,” said Donald Deya, CEO of PALU.
“This includes interpreting how rights to life, health, development, and a satisfactory environment apply in the face of climate threats.”
The petition calls for an interpretation of Articles 4, 16, 22, and 24 of the Charter, and whether these rights impose legal obligations on states to take preventive measures, regulate polluting industries, and adopt inclusive and accountable climate policies.
It also addresses the need to protect groups most affected by climate impacts, including women, children, Indigenous peoples, older persons, and persons with disabilities.
“We want the Court to interpret how the African Charter and related instruments safeguard the rights of women, children, people with disabilities, older persons, and indigenous communities from the climate crisis,” said Dzimbabwe Chimbga of the African Climate Platform.
“The issue of climate change is not just environmental—it’s a moral and human rights imperative. The right to a clean, healthy, and sustainable environment is the foundation for the realization of all other rights.”
The request is grounded in a strong legal framework, referencing not only the African Charter but also the Maputo Protocol, the Kampala Convention, the Charter on the Rights and Welfare of the Child, and international agreements such as the Paris Agreement, the UN Framework Convention on Climate Change (UNFCCC), and the Convention on Biological Diversity.
The organizations have also encouraged the Court to consider the African Commission’s Resolutions on climate change and human rights, as well as Agenda 2063, which envisions “The Africa We Want”—a just, prosperous, and sustainable continent.
In a video statement issued by the ACP and partners from the steps of the African Court in Arusha, the coalition emphasized the urgency of the request.
“This is not just a legal filing—it is a collective call from African communities, youth, civil society, and legal advocates who are demanding justice,” the statement declared.
“The African Court stands as a beacon of hope—a guardian of justice and a critical force for climate accountability.”
The petition highlights Africa’s disproportionate vulnerability to climate change despite contributing less than 4% of global greenhouse gas emissions. From droughts to floods and rising sea levels, the continent faces severe and growing climate-related challenges.
Nomasango Masiye-Moyo, Lead Coordinator of ELCA, underscored the request’s importance to environmental defenders and legal practitioners:
“This opinion will be vital not only for vulnerable groups—women, children, people with disabilities—but also for African lawyers already fighting for environmental protection in national courts,” she said.
“A strong opinion from the African Court will strengthen existing legal arguments and provide a powerful tool for climate litigation across the continent. This is an African solution to a global crisis—and a testament to our continent’s legal strength and vision.”
The Registrar of the Court, Dr. Robert Eno, confirmed that the request has been received and “will be processed in accordance with the Rules of the Court.”
If accepted, this will be the first time the African Court delivers a legal interpretation on the intersection of climate change and human rights obligations—setting a transformative precedent for Africa and beyond.
“We are not asking for permission,” the petitioners concluded.
“We are asserting our right to dignity, protection, and a sustainable future.”
“May this moment be remembered as the day Africa turned to its own Court—not as victims, but as leaders crafting justice for generations to come.”
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