Justice climatique et industries extractives en droit africain

The document analyzes the gap between the formal legal recognition of climate justice and its practical application in Africa's mining and petroleum sectors. It highlights systemic failures in enforcement, the limitations of current judicial and administrative sanctions, and the marginalization of local communities. The report advocates for a shift toward 'active' judiciaries, the adoption of specific climate laws, and the strengthening of corporate due diligence to protect vulnerable populations from the environmental and social impacts of extractive activities.

• Africa is characterized by an 'acute climate vulnerability' where its contribution to global greenhouse gas (GHG) emissions is minimal (3-4%), yet it is among the most sensitive and vulnerable regions to climate change.
• The Paris Agreement is criticized for its 'normative hybridization,' combining binding legal obligations with non-binding directives, which leads to vague commitments and a lack of coercive mechanisms or sanctions for non-compliance.
• Climate finance for Africa remains 'random' and insufficient, with a significant gap between the promised 100 billion USD annually and the actual funds mobilized, of which only 3.6% benefited Africa in 2014.
• Mining companies often resist climate justice by ignoring environmental regulations in host countries and employing highly polluting techniques, such as open-pit mining and the use of cyanide or sulfuric acid.
• Climate litigation in Africa is still embryonic, with most cases concentrated in South Africa, Kenya, Nigeria, and Uganda, while Central Africa lacks such judicial precedents.
• In Cameroon, the legal framework for mining is criticized for its 'tacit approval' of Environmental Impact Assessments (EIAs) and the confidentiality of data, which prevents public monitoring of environmental impacts.
• Independent complaint mechanisms (such as those of the OECD, World Bank, and African Development Bank) provide a non-judicial alternative for victims but are limited by their voluntary nature and lack of coercive power over companies.
• In Madagascar, the lack of a specific law on climate change and the obsolescence of the MECIE decree (dating from 2004) hinder the integration of climate justice into the mining sector.
• Arbitral justice in French-speaking Black Africa is often viewed as unilateral and disadvantageous to host states and local communities, primarily focusing on financial compensation for investors rather than environmental protection.
• Corporate Social Responsibility (CSR) in the Burkinabè mining sector is often superficial, with local communities experiencing poor returns and conflicts over land and employment despite the existence of a Local Mining Development Fund.

APA

Natural Justice (2023). Justice climatique et industries extractives en droit africain. https://naturaljustice.org/wp-content/uploads/2024/02/RADE-8-Justice-climatique-et-industries-extractives-en-droit-africian-1.pdf

Chicago

Natural Justice. Justice climatique et industries extractives en droit africain. 2023. https://naturaljustice.org/wp-content/uploads/2024/02/RADE-8-Justice-climatique-et-industries-extractives-en-droit-africian-1.pdf.

Wikipedia

{{cite report |author=Natural Justice |title=Justice climatique et industries extractives en droit africain |date=2023 |url=https://naturaljustice.org/wp-content/uploads/2024/02/RADE-8-Justice-climatique-et-industries-extractives-en-droit-africian-1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljustice2023justice, author = {{Natural Justice}}, title = {{Justice climatique et industries extractives en droit africain}}, institution = {Natural Justice}, year = {2023}, url = {https://naturaljustice.org/wp-content/uploads/2024/02/RADE-8-Justice-climatique-et-industries-extractives-en-droit-africian-1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }