The Global Initiative for Economic, Social and Cultural Rights submitted a written contribution to inform the zero draft Study on climate change and human rights in Africa issued by the African Commission on Human and Peoples’ Rights (ACHPR).

On 28 October 2023, the ACHPR invited stakeholders to present inputs and comments on the Zero Draft of its ‘Study on the Impact of Climate Change on Human and Peoples’ Rights in Africa’. The Study examines the adverse consequences of climate change on the enjoyment of human rights and the resulting international human rights obligations of States to address the climate emergency.

The submission presented by GI-ESCR aims to highlight key normative issues on gender-equality and just transitions that were thus far not envisaged in the draft. In particular, the inputs to the draft cover the following three issues:

First, the inputs presented relate to the impact of climate change on vulnerable groups with a specific focus on women. In that regard, GI highlighted the importance of acknowledging on the Study the increased challenges faced by women and girls due to the overburden of care responsibilities derived from the escalation of the climate emergency. In that regard, GI-ESCR stressed that this overburden is putting a strain on their livelihoods and their opportunities to exercise their fundamental rights.

Second, the submission puts to the consideration of the Commission the need to acknowledge that climate change response measures should follow a human rights approach. In this line, the brief analyses existing human rights violations and abuses often committed by large-scale renewable energy projects. In this regard, GI-ESCR underlines the need to ensure that the energy transition does not reproduce existing abuses and inequalities. Moreover, the brief also stresses that States should mobilise the maximum available resources to respond to the climate crisis and foster structural changes in consumption and production patterns. Consequently, GI-ESCR proposes to the ACHPR the inclusion of the 5 principles of tax justice to be reflected in the Study as response measures that could be deployed to protect and realise the rights envisaged in the African Charter on Human and Peoples’ Rights to address the climate emergency.

Finally, the brief emphasises States’ obligations under the African Charter related to the climate emergency, including the importance of recognising that failure to prevent foreseeable human rights harms caused by climate

change, or a failure to mobilise the maximum available resources to do so, could constitute a breach of international human rights obligations under the Charter. In this regard, GI-ESCR underlined to the ACHPR that this inclusion would mean aligning the understanding at the regional level with that of the United Nations Human Rights Treaty Bodies.

The submission aims to contribute to a timely landmark study on human rights and climate change in Africa that will help expand and clarify States’ human rights obligations in the context of the climate emergency. This is a pioneering initiative by the ACHPR to address the climate crisis posing unprecedented threats to the realization of human rights in the region. We welcome the study and the ACHPR’s efforts to tackle this pressing issue.

You may read the submission here: