REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS
Summary
The handbook provides a comprehensive guide for African environmental and land rights defenders (ELRDs), detailing the threats they face—including SLAPP suits and gender-based violence—and the legal avenues available for redress. It outlines the roles of the African Commission and African Court on Human and Peoples' Rights, as well as sub-regional courts like the ECOWAS Community Court of Justice. The document emphasizes the vulnerability of women, youth, and Indigenous communities, and provides a directory of emergency funds and support organizations.
Key insights
- Environmental and land rights defenders (ELRDs) are exceptionally vulnerable to attacks compared to other human rights activists because they oppose powerful economic interests.
- In 2020, Global Witness reported 227 environmental and land rights defenders were killed globally, with 15 murders in the Democratic Republic of Congo, 2 in South Africa, and 1 in Uganda, though the document notes these figures are likely underreported.
- Strategic Litigation Against Public Participation (SLAPP) suits are defamation lawsuits used by corporations to silence critics; in Africa, these represent 8.5% of global SLAPP cases, with mining and agriculture being the top industries initiating them.
- Women ELRDs face intersecting vulnerabilities, including gender-based and sexual violence, and more than 10% of defenders killed are women.
- Indigenous communities are disproportionately affected by climate change and resource exploitation, often facing eviction without consent; the Ogiek People in Kenya, for example, have faced home demolitions and killings despite court decisions in their favour.
- The African Commission on Human and Peoples' Rights serves as a quasi-judicial reporting mechanism, but its recommendations are not legally binding, and the process typically takes 4-8 years.
- The African Court on Human and Peoples' Rights can issue legally binding decisions, but direct access for individuals and NGOs is limited to states that have made a 'Special Declaration', which currently includes Burkina Faso, Malawi, Mali, Ghana, Tunisia, and the Gambia.
- The ECOWAS Community Court of Justice allows individuals to bring claims of human rights violations without first exhausting national judicial remedies.
- The East African Court of Justice (EACJ) currently lacks jurisdiction to hear individual human rights complaints, though it can provide opinions on the African Charter and the EAC Treaty.
- The SADC Tribunal, which previously heard individual complaints of human rights violations and disputes between member states, is currently suspended.
Cite the original document
- APA
- Okoth, E. M. A., Birsan, M., & Van Nieuwkoop, M. (n.d.). REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS. Natural Justice. https://naturaljustice.org/wp-content/uploads/2023/07/REGIONAL-AND-INTERNATIONAL-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf
- Chicago
- Okoth, Eva Maria Anyango, Miruna Birsan, and Mareike Van Nieuwkoop. REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS. Natural Justice, n.d. https://naturaljustice.org/wp-content/uploads/2023/07/REGIONAL-AND-INTERNATIONAL-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf.
- Wikipedia
- {{cite report |last1=Okoth |first1=Eva Maria Anyango |last2=Birsan |first2=Miruna |last3=Van Nieuwkoop |first3=Mareike |title=REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS |publisher=Natural Justice |url=https://naturaljustice.org/wp-content/uploads/2023/07/REGIONAL-AND-INTERNATIONAL-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{okothndregional, author = {Okoth, Eva Maria Anyango and Birsan, Miruna and Van Nieuwkoop, Mareike}, title = {{REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2023/07/REGIONAL-AND-INTERNATIONAL-HANDBOOK-FOR-ENVIRONMENTAL-AND-LAND-RIGHTS-DEFENDERS-V4.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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