By Bunmi Yekini
In a historic legal move aimed at transforming Africa’s climate response, a coalition of climate justice organizations filed a groundbreaking application at the African Court on Human and Peoples’ Rights on Friday. The request seeks an Advisory Opinion to define the obligations of African states under the African Charter in the context of climate change.
The applicants, comprising the African Climate Platform, resilience40, Natural Justice, and the Environmental Lawyers Collective for Africa, with support from the Pan African Lawyers Union (PALU), say this is the first time the African Court has been directly petitioned on climate justice.
“This Request, a first of its kind confronting the question of the climate crisis, marks a defining moment in the pursuit of climate and environmental justice,” the group said in a joint statement. “We call upon the African Court to stand with the vulnerable, to uphold the rights enshrined in the African Charter, and to inspire bold action from states and institutions alike.”
The submission is anchored in key provisions of the African Charter on Human and Peoples’ Rights, including the right to a healthy environment (Article 24), life (Article 4), health (Article 16), and development (Article 22).
Though Africa accounts for less than 4% of global greenhouse gas emissions, it faces some of the most severe consequences: worsening droughts, devastating floods, food insecurity, and increasing displacement.
“Africa continues to bear the brunt of climate change impacts despite contributing the least to global emissions,” the applicants emphasized. “This request is our contribution to push back on these injustices.”
Beyond legal interpretation, the filing carries moral weight. “We do not merely file legal documents; we issue a moral call,” they said. “It is a collective voice raised by communities, youth, civil society organizations, legal practitioners, and movements across Africa.”
The African Court, based in Arusha, now faces the challenge of determining how environmental destruction and climate inaction intersect with human rights, a task the applicants say will “etch a transformative chapter in African climate jurisprudence.”
The movement has garnered continental and global momentum. Referencing recent support for a similar advisory opinion at the International Court of Justice, the coalition said Africa is no longer just demanding recognition but is asserting its leadership in global climate solutions.
“As President Akinwumi Adesina of the African Development Bank said, ‘Africa must not be treated as a victim, but as a key part of the global climate solution,’” the statement recalled. “We reaffirm that Africa’s leadership must also be recognized in law.”
Acknowledging the leadership of PALU, the applicants commended the effort to shift African civil society “from the peripheries of legal influence to a prominent position at its core.”
To those on the frontlines, the farmers, fishers, elders, and youth, the filing was presented as a dedication. “You are neither invisible nor voiceless. This petition is a vessel for your stories, your struggles, and your aspirations for a brighter, more sustainable future.”
The coalition called on African leaders to take decisive action: “We are not seeking your permission. We are asserting our rightful claim to dignity, protection, and a sustainable future.”
The Advisory Opinion, though not legally binding, could have far-reaching implications, potentially guiding national laws, continental policies, and future litigation in climate and human rights cases across Africa.
As the court deliberates, the coalition vows to “amplify this noble cause in every courtroom, classroom, parliament, and community across our beloved continent.”
This is not the end,” they affirmed. “This is only the beginning.”