Amicus Brief on the Obligations of States with Respect to the Climate Change Crisis

This amicus curiae brief addresses the obligations of African States to respond to climate change under the human right to a clean, healthy, and sustainable environment. David R. Boyd, César Rodríguez-Garavito, and Ashley Otilia Nemeth submitted it to the African Court on Human and Peoples’ Rights in connection with a request for an advisory opinion brought by the Pan African Lawyers Union. The brief asks how that right should shape States’ duties to prevent climate harm and protect affected people.

The brief examines African recognition of the right to a healthy environment and the legal principles that guide its application. It then addresses five areas of State responsibility: reducing greenhouse gas emissions, adapting to climate impacts, regulating businesses, securing international cooperation and climate finance, and providing access to justice and effective remedies. It draws on African jurisprudence alongside international and regional climate and human rights law.

The authors argue that the right to a healthy environment requires States to adopt and carry out ambitious emissions reduction measures. These include stronger national climate commitments, environmental and human rights impact assessments for significant emissions generating activities, and a priority on phasing out fossil fuels. The brief also cautions against climate measures that risk harming Indigenous peoples and other land based communities. (pp. 18–23)

The brief argues that States must plan, implement, monitor, and adjust adaptation measures as climate risks change. It calls for plans grounded in evidence about who faces the greatest risks, followed by practical measures such as early warning systems, protection of water supplies, resilient agriculture, and ecosystem restoration. The authors argue that a failure to adapt can, in some circumstances, violate the right to a healthy environment and related rights. (pp. 23–27)

The authors argue that States must regulate business activities that contribute to climate change or cause environmental harm. The measures they identify include assessing risks and impacts, requiring transparency and public participation, regulating corporate emissions, and monitoring and enforcing compliance. The brief draws on African cases concerning hazardous waste and extractive industries, as well as broader climate and human rights jurisprudence. (pp. 27–31)

The brief argues that African States cannot meet their climate and human rights obligations without greater support from the international community. It maintains that developed States have duties to assist developing States with mitigation and adaptation, and that developing States have a corresponding basis to seek that support. It also calls for cooperation among African States. (pp. 31–35)

The brief argues that people affected by violations must be able to seek justice and effective remedies, including for harm involving private actors. Depending on the circumstances, remedies may include stopping unlawful conduct, preventing its recurrence, restoring what can be restored, compensation, and other forms of reparation. The brief discusses decisions from African and other courts to illustrate these possibilities. (pp. 35–40)

The brief is a resource for judges, lawyers, advocates, researchers, and policymakers examining climate obligations through African human rights law. Its issue by issue discussion and case references may be especially useful for work on emissions reduction, adaptation, corporate accountability, climate finance, and remedies.