…File application with the African court on human and peoples’ rights
Our Reporter, Port Harcourt
African environmental justice advocates have taken demands for climate change crisis a step higher with the submission May 2, 2025 of a demand by the lawyers to the African Court on Human and Peoples’ Rights in Tanzania.
The advocates are a coalition of African civil society organisations, front-line communities, defenders, feminist groups, youth groups, public interest environmental and human rights lawyers, and indigenous communities for an advisory opinion on African states’ human rights obligations in the context of climate change in Africa.
In a release announcing the move, signed by Alferd Brownell, the coalition coordinator, the climate justice activists stated:
“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. It is anchored primarily on the African Charter on Human and Peoples Rights, the preeminent continental human rights treaty to which all-but one African state are parties. Through the Request, we enjoin the Court to delineate the scope of obligations of State in light of several provisions of the African Charter including the right to a sustainable environment (Article 24), the right to life (Article 4), the right to health (Article 16), and the right to development (Article 22).
“Today, standing on the steps of the African Court on Human and Peoples’ Rights, we as the African Climate Platform, [1] resilience40, Natural Justice and Environmental Lawyers Collective for Africans supported by the Pan African Lawyers Union (PALU) have officially submitted an application requesting this esteemed Court to issue an Advisory Opinion that delineates the human rights obligations of African States in the context of the climate crisis.
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. It is anchored primarily on the African Charter on Human and Peoples Rights, the preeminent continental human rights treaty to which all-but one African state are parties. Through the Request, we enjoin the Court to delineate the scope of obligations of State in light of several provisions of the African Charter including the right to a sustainable environment (Article 24), the right to life (Article 4), the right to health (Article 16), and the right to development (Article 22).”
The advocates said they are seeking court clarification and guide on how to address the harsh impact of climate change which is very seriously adversely affecting Africans more than even the polluters.
Full text of the petition before the African Court on Peoples Rights reads:
“As we file this application, we note that Africa continues bear the brunt of climate change impacts despite contributing the least to global greenhouse gas emissions, accounting for less than four per cent (4%) of the world’s total emissions. Africans continue to disproportionately face severe consequences from climate change—including prolonged droughts, devastating floods, and rising temperatures—that threaten food security, water access, and livelihoods all over the continent. This request is our contribution to push back on these injustices and the disproportionate impact African citizenry continue to suffer as a result of climate change.
“This request is therefore not just a legal act—it is a collective voice raised by communities, youth, civil society organizations, legal practitioners, and movements across Africa. It reflects the urgent and lived realities of climate impacts on our people. We come seeking legal clarity, but also moral guidance on how African states must act to uphold the various rights impacted by climate change.
“The African Court today stands as a beacon of hope — a protector of rights, a guardian of justice, and now, a critical player in ensuring climate accountability. This Court, alongside other bodies of the African Union, carries the weight of a continent’s aspirations for a dignified life for all Africans.
“Across the world, states and communities are turning to courts for climate justice. As the African Union’s support for the International Court of Justice advisory opinion shows, Africa’s voice is growing louder on the global stage. We are asserting not just the harm we have endured, but the rights we have — the right to be heard, the right to be protected, and the right to chart our own sustainable future.
“As President Akinwumi Adesina of the African Development Bank so powerfully stated: ‘Africa must not be treated as a victim, but as a key part of the global climate solution’ We have the innovation, the ambition, and the moral clarity to lead the world toward climate resilience. And today, by bringing this petition, we reaffirm that Africa’s leadership must also be recognized in law.
“The African Union’s Agenda 2063 envisions ‘The Africa We Want’ — an Africa that is prosperous, peaceful, and led by its own citizens. Climate justice is central to that vision. And so today, we do not merely file legal documents; we issue a moral call. 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 work ahead will not be easy. It demands relentless commitment, collaboration, and innovation, as the African Commission reminds us. It demands that we center the needs of those most affected: the rural farmer who cannot predict his seasons, the coastal fisher whose home is disappearing beneath the sea, the child who deserves to grow up breathing clean air and drinking safe water.
“I may not physically stand alongside my brothers and sisters in the vibrant city of Arusha, I am deeply present in spirit, fully entwined with your determination and hopes. The achievements we celebrate today hold monumental significance. For the very first time in history, Africa has boldly brought the climate crisis into the halls of its highest court—not merely as a symbolic act, but as a potent demand for legal acknowledgment, protection, and meaningful change. We are sending a resounding message to the world: we are capable of seeking and obtaining justice right here at home. Our faith in the resilience and strength of our own institutions shines brightly, and today, we have placed our trust firmly in their hands.
“To the esteemed members of the African Court, let this day resonate in your history as a pivotal moment—not merely for climate justice, but for the legacy you will craft. You now hold the pen, empowered to etch a transformative chapter in African Climate Jurisprudence—one where the rights enshrined in our Charter resonate profoundly with the urgent realities of this crisis. The eyes of the world are upon you, and we trust that you will rise to this occasion with the wisdom, courage, and clarity it demands from you.
“To my dedicated colleagues at the Pan-African Lawyers Union (PALU), your relentless work has set the groundwork for an incredible movement that transcends the boundaries of a single petition. You have been instrumental in shifting African civil society from the peripheries of legal influence to a prominent position at its core. May this effort serve as the first of many steps in reclaiming our legal voice across courts, nations and generations to come.
“To the African people—especially our resilient youth, wise elders, and those in frontline communities—this moment is dedicated to you. 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. Stand tall and proud; this is your moment to claim.
“To our funders and allies around the globe: if you have ever uttered words of equity, justice, and climate leadership, the time to act is now. Support this vital work. Sustain it—not merely out of charity, but out of a shared commitment to purpose and moral responsibility.
“To our leaders and governments: your citizens are watching. True leadership today requires more than just words of support; it demands decisive action in favor of justice. The principles embodied in the Charter you signed must translate into tangible policies, budgets, and commitments that reflect those values.
“We are not seeking your permission. We are asserting our rightful claim to dignity, protection, and a sustainable future. And this is just the beginning of our journey.
“We extend our heartfelt gratitude to all those who tirelessly contributed to this monumental effort—legal experts, community members, youth leaders, and advocacy partners. We offer thanks to the African Court for its bravery and dedication, to the African Union bodies that have championed science, resilience, and justice, and to every citizen, scientist, and activist who steadfastly refuses to abandon the dream of a thriving, equitable Africa.
“May today be etched in our collective memory as the day we collectively chose to believe that Africa is not merely a victim of historical injustices, but rather, an author crafting the blueprint for a better future.
“This is only the beginning. As we await the Court’s decision, we pledge to amplify this noble cause in every courtroom, classroom, parliament, and community across our beloved continent”.
The ACP is a broad coalition of African civil society organizations, grassroots climate defenders, legal professionals, and indigenous communities, women’s groups, and youth movements working to amplify African voices in climate policy and justice.
