Reframing Climate Governance in Africa

Résumé fourni par la source

Africa faces severe climate vulnerability within fragmented governance structures, raising pressing concerns of justice. However, the African Court on Human and Peoples' Rights has not yet assumed a substantive role in shaping climate governance. This chapter examines how Court's advisory jurisdiction may address this gap, with reference to the advisory proceedings initiated by the Pan African Lawyers Union (PALU) concerning states' human rights obligations in the context of the climate crisis in 2025. It argues that advisory opinions can articulate and integrate human rights obligations into climate governance frameworks. Using doctrinal, comparative, and normative approaches, the chapter demonstrates that such opinions can clarify state responsibilities, strengthen accountability, and inform policy and domestic legal development. It concludes that their strategic use can advance climate justice and strengthen the Court's role in regional and global governance.