Arusha: Civil society leaders from across Africa have taken a historic step by approaching the African Court on Human and Peoples' Rights to seek clarity on the legal obligations of African governments in the face of the climate crisis. On May 2, 2025, these leaders entered the court in Arusha, Tanzania, to request an advisory opinion on the application of human rights obligations amid climate change threats to food, water, health, and life.
According to the Ghana News Agency, Madam Konah Lahaitu Brownell, a Research and Policy Fellow at Massachusetts Competitive Partners, emphasized that this initiative is a petition for a legal interpretation rather than a lawsuit. The goal is not to assign guilt or impose penalties but to potentially reshape the understanding, enforcement, and defense of rights across the continent. The petition highlights Africa's minimal contribution to global emissions, which is less than four percent, despite facing some of the most severe impacts of climate change.
The statement reveals stark realities, such as over 61 million people in Southern Africa facing food insecurity due to a historic drought, and cocoa farmers in Ghana and C´te d'Ivoire losing entire harvests to climate-related disasters. In Kenya, prolonged droughts have resulted in the death of 2.6 million livestock, disrupting pastoralist economies, while in Chad, more than 1.5 million people have been displaced by floods. Additionally, Morocco's Al Massira Dam has dropped below six percent capacity, leading to job losses and protests over water scarcity.
Despite the severity of the crisis, climate-related cases are rare across Africa's 54 nations. As per the Sabin Center's Global Climate Change Litigation Database, only 19 cases have been filed across five jurisdictions, representing a mere nine percent of climate litigation from the Global South and less than one percent of the global total. The primary challenge is not a lack of harm but the absence of legal clarity and institutional support needed to pursue climate justice through the courts.
The petition aims to address this by seeking an advisory opinion that would clarify existing laws in a climate-compromised world. This would provide a framework for judges, lawmakers, and advocates to hold states accountable legally, not just politically. The initiative is driven by the African Climate Platform (ACP), a coalition of over 50 organizations, including public interest lawyers, grassroots leaders, Indigenous communities, youth, and climate defenders, who have spent four years organizing regionally.
The petition draws on regional legal instruments like the African Charter and the Maputo Protocol, seeking answers to what states owe their people when climate threats become a reality. If the African Court agrees to take up the petition and issues a strong, rights-affirming opinion, it could become a landmark moment. It would empower judges, legislators, and civil society to build strategic litigation for enforceable rights.
This petition symbolizes a shift from viewing Africa as merely a warning sign to recognizing it as the frontline of climate change impacts. It is about African citizens, already enduring the brunt of climate collapse, demanding their legal systems respond. The petition represents Africa's emergence as a legal voice, asking its court to define justice in terms of everyday rights amid climate challenges.
Source: Ghana News Agency