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NATURAL JUSTICE AND THE ENVIRONMENTAL LAWYERS COLLECTIVE FOR AFRICA COMMENTS ON ZERO DRAFT STUDY ON THE IMPACT OF CLIMATE CHANGE ON HUMAN AND PEOPLE’S RIGHTS AFRICA

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This briefing, submitted by Natural Justice and the Environmental Lawyers Collective for Africa (E.L.C.A), provides commentary on a zero draft study by the African Commission on Human and Peoples’ Rights (ACHPR) regarding the impact of climate change on human and people's rights in Africa. The document evaluates the study's identification of vulnerable groups and rights, critiques its approach to corporate accountability and extractive industries, and offers recommendations to strengthen the protection of indigenous peoples, children, and the environment through legal and monitoring frameworks.

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  • The document argues that climate change in Africa disproportionately impacts indigenous peoples, threatening their cultural heritage, traditional territories, and livelihoods, despite these communities maintaining a low-carbon lifestyle. It criticizes the ACHPR study for failing to list indigenous peoples as beneficiaries of adaptive strategies, mentioning them only in the context of public participation.
  • The commentary highlights a critical gap in the ACHPR study regarding the expansion of fossil fuel infrastructure in Africa. As of the end of 2022, over 200 commercial entities were involved in oil and gas exploration on the continent, with 45 countries expected to produce over 16 billion barrels of oil by 2030, which the authors argue erodes human rights and destroys livelihoods.
  • The authors critique the study's reliance on the UN Guiding Principles on Business and Human Rights to ensure corporate compliance, noting that these principles are not binding law. In countries with uncertain rule of law, such as Zimbabwe and Mozambique, these guidelines are viewed as mere suggestions rather than enforceable obligations.
  • The briefing recommends that the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) use special rapporteurs to conduct routine assessments of environmental conditions and the impact of climate change on children's well-being to monitor state compliance.
  • The document advocates for the legal recognition of the 'rights of nature' (natural entities like rivers and forests), noting that while countries like Ecuador have constitutional recognition, African countries such as Uganda, Zimbabwe, South Africa, Ethiopia, Nigeria, and Kenya have only initiated education programs without concrete policies.
  • The commentary asserts that the ACHPR study insufficiently addresses the disproportionate contribution of the Global North to the climate crisis and lacks strict enforcement mechanisms for non-compliance, relying instead on a reactionary approach of monitoring state alignment with protocols.

Cite the original document

APA
Natural Justice (2023). NATURAL JUSTICE AND THE ENVIRONMENTAL LAWYERS COLLECTIVE FOR AFRICA COMMENTS ON ZERO DRAFT STUDY ON THE IMPACT OF CLIMATE CHANGE ON HUMAN AND PEOPLE’S RIGHTS AFRICA. https://naturaljustice.org/wp-content/uploads/2024/05/Natural-Justice_Final-Draft-Commentary_ACHPR-Zero-draft-impact-of-climate-change.pdf
Chicago
Natural Justice. NATURAL JUSTICE AND THE ENVIRONMENTAL LAWYERS COLLECTIVE FOR AFRICA COMMENTS ON ZERO DRAFT STUDY ON THE IMPACT OF CLIMATE CHANGE ON HUMAN AND PEOPLE’S RIGHTS AFRICA. 2023. https://naturaljustice.org/wp-content/uploads/2024/05/Natural-Justice_Final-Draft-Commentary_ACHPR-Zero-draft-impact-of-climate-change.pdf.
Wikipedia
{{cite report |author=Natural Justice |title=NATURAL JUSTICE AND THE ENVIRONMENTAL LAWYERS COLLECTIVE FOR AFRICA COMMENTS ON ZERO DRAFT STUDY ON THE IMPACT OF CLIMATE CHANGE ON HUMAN AND PEOPLE’S RIGHTS AFRICA |date=30 November 2023 |url=https://naturaljustice.org/wp-content/uploads/2024/05/Natural-Justice_Final-Draft-Commentary_ACHPR-Zero-draft-impact-of-climate-change.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{naturaljustice2023natural, author = {{Natural Justice}}, title = {{NATURAL JUSTICE AND THE ENVIRONMENTAL LAWYERS COLLECTIVE FOR AFRICA COMMENTS ON ZERO DRAFT STUDY ON THE IMPACT OF CLIMATE CHANGE ON HUMAN AND PEOPLE’S RIGHTS AFRICA}}, institution = {Natural Justice}, year = {2023}, month = nov, url = {https://naturaljustice.org/wp-content/uploads/2024/05/Natural-Justice_Final-Draft-Commentary_ACHPR-Zero-draft-impact-of-climate-change.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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