Unlocking Climate Justice in Africa: 3 Essential Legal Pathways for the Most Affected Nations

Climate change lawsuits are gaining traction globally, but African nations have not yet fully embraced this legal avenue. In countries like the Netherlands and Germany, courts have ruled that government actions affecting greenhouse gas emissions can violate human rights. Despite being the most vulnerable to climate impacts, Africa has contributed the least to global emissions.

One major hurdle for African nations is the lack of resources and strong climate legislation. Many countries rely heavily on extractive industries, making them hesitant to pursue legal action that could jeopardize these sectors. An example of a notable case came from South Africa. The environmental group EarthLife Africa Johannesburg successfully challenged the government’s approval of new coal-fired power plants, highlighting how such developments worsen climate change.

Another significant case involved the East African Crude Oil Pipeline. Civil society groups in Uganda and Tanzania argued that the project violated human rights and harmed the environment. Unfortunately, their case was dismissed due to a missed filing deadline, illustrating the challenges of navigating international climate litigation.

However, there are signs of hope. In May 2025, the Pan African Lawyers’ Union called on the African Court on Human and Peoples’ Rights for guidance on states’ obligations in the context of climate change. This request, backed by various environmental organizations, aims to clarify how governments can protect human rights amid the climate crisis.

Experts suggest that Africa has several legal pathways to strengthen its position in climate litigation. Here are three significant avenues:

1. International Court of Justice (ICJ): In December 2024, the ICJ agreed to provide an advisory opinion regarding state obligations to combat climate change. This is a crucial development for African countries, enabling them to voice their demands on climate responsibilities.

2. International Tribunal for the Law of the Sea (ITLOS): In June 2023, the African Union made a submission to ITLOS, emphasizing governments’ duties to prevent marine pollution from greenhouse gas emissions. This marks a crucial acknowledgment of climate change’s impacts on marine environments.

3. United Nations Framework Convention on Climate Change (UNFCCC): Adopted in 1992, this convention serves as a key framework for global climate action. While some African countries like Nigeria and South Africa have enacted climate laws, many still lack comprehensive regulations.

Africa faces a daunting challenge in addressing climate change due to limited resources and legal frameworks. Advocating for accountability, formulating effective climate policies, and drawing on regional and international mechanisms can empower African nations in the battle for climate justice.

By aligning more closely with international legal standards and engaging in advocacy, Africa can amplify its voice and drive meaningful change as the planet grapples with the climate crisis.

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