Climate change is one of the greatest threats facing Africa today, with far-reaching impacts on human livelihoods, food security, health, and the environment. According to the United Nations, Africa is one of the region’s most vulnerable to climate change, with the potential to affect up to 80% of the continent’s population. In response, there is a growing need for urgent action to address the impacts of climate change in Africa, including the role of the judiciary in promoting climate justice.

Status and trends

Climate change is already affecting Africa, with increasing temperatures, changing rainfall patterns, and more frequent extreme weather events such as droughts, floods, and storms. These impacts are exacerbating existing vulnerabilities and inequalities, particularly in rural areas where communities rely heavily on agriculture and natural resources for their livelihoods. In response, African countries have adopted a range of policy measures to address climate change, including the Paris Agreement, the Sustainable Development Goals, and national climate change policies and strategies.

Climate change, human rights, and access to justice

Climate change is not only an environmental issue but also a human rights issue. The impacts of climate change are disproportionately felt by vulnerable groups, such as women, children, indigenous peoples, and those living in poverty. These impacts include loss of land and livelihoods, displacement, food insecurity, and health risks. Access to justice is therefore critical in ensuring that these groups can seek redress for the harm caused by climate change and hold those responsible accountable. This requires a robust legal framework that recognizes and protects the rights of affected communities and ensures that they have access to legal remedies and compensation.

Gender perspective in climate change adjudication

Women are particularly vulnerable to the impacts of climate change, due to their social, economic, and cultural roles and responsibilities. They are often responsible for food production, water collection, and natural resource management, and are therefore directly affected by changes in climate and the environment. Gender-responsive adjudication is therefore critical in ensuring that women’s rights and roles are taken into account in climate change litigation. This includes recognizing women’s roles and contributions to the environment, ensuring their participation in decision-making processes, and addressing gender-based violence and discrimination in the context of climate change.

The role of the judiciary

The judiciary plays a critical role in promoting climate justice in Africa through its interpretation and enforcement of environmental laws, as well as its role in ensuring access to justice for affected communities. Judges and magistrates can use their powers to hold governments and corporations accountable for their actions or inactions that contribute to climate change and to ensure that the rights of vulnerable groups, such as women and children, are protected. This includes adjudicating cases related to environmental damage, pollution, and natural resource management, as well as providing remedies and compensation for affected communities.

The greening of Africa’s judiciary is critical in promoting climate justice, human rights, and gender equality in the face of climate change. The judiciary has a key role to play in interpreting and enforcing environmental laws, ensuring access to justice for affected communities, and recognizing the rights and perspectives of vulnerable groups. By adopting a proactive and gender-responsive approach to climate change adjudication, the judiciary can contribute to building a more resilient and sustainable future for Africa.