Historic Climate Justice Case Filed Before African Human Rights Court

On May 2, 2025, a landmark legal initiative was launched as a coalition of leading African civil society organizations formally submitted a request for an Advisory Opinion to the African Court on Human and Peoples’ Rights. The petition, spearheaded by Resilient40, the African Climate Platform, Natural Justice, the Environmental Lawyer Collective for Africa, and the Pan African Lawyers Union, seeks a legal clarification on the human rights obligations of African States in the context of the climate crisis.

This marks the first time the Court has been called upon to issue an advisory ruling on climate change—an unprecedented move in the fight for environmental and climate justice on the continent. If accepted, the opinion could set a new legal precedent by explicitly recognizing that the climate emergency is also a human rights emergency.

Grounded in foundational African legal instruments such as the African Charter on Human and Peoples’ Rights, the Maputo Protocol, the Kampala Convention, and the African Charter on the Rights and Welfare of the Child, the submission argues for the protection of essential rights—life, health, food, water, housing, and a clean and healthy environment. The coalition is calling for the establishment of legal standards on adaptation, resilience, and loss and damage, as well as accountability mechanisms for historical polluters and corporate actors.

The petition places strong emphasis on the inclusion and protection of vulnerable populations, particularly youth, women, Indigenous Peoples, and environmental defenders. It advocates for a just transition rooted in dignity, equity, and decolonized natural resource governance, alongside a call for zero tolerance for reprisals against climate advocates.

This legal action comes at a time when Africa, though contributing the least to global greenhouse gas emissions, is bearing some of the most devastating impacts of the climate crisis. Intensifying droughts, rising temperatures, and extreme weather events are threatening ecosystems, livelihoods, and human security across the continent.

By turning to the African Court, this coalition is not only seeking justice for those already affected but is laying the groundwork for future generations. The message is clear: climate justice is a human right, and African States have both the moral and legal obligation to act.