Climate Change and the Future Generation under the African Human Rights System: Fostering Pathways and Partnerships

Abstract

The objective of this policy brief is to argue the conceptual and legal bases for the protection of the rights of future generations in the context of adverse effects of climate change and articulate the potential pathways and partnerships necessary for its achievement under the African human rights system (AHRS). In Africa, climate change is not only a reality, it has current and future consequences on the enjoyment of several rights including the rights to life, health, food, water and housing. Yet, it is not clear whether the protection of future generations against the adverse consequences of climate change is possible, and if so, how it may be achieved and advanced under the AHRS. The policy brief shows that there is no conceptual challenge in constructing a claim for the protection of the rights of future generations in the context of climate change. It then explores not only the potentials in key instruments under the AHRS but also shows how the promotional, protective and interpretive mandates of quasi-judicial and judicial bodies of the AHRS may advance the protection of future generations in the light of adverse effects of climate change in Africa. To advance this approach, the policy brief recommends that awareness campaigns, capacity building and empowerment through workshops and trainings at state and regional levels are necessary to equip actors, especially African non-governmental organisations (NGOs), lawyers, human rights institutions, states representatives and mandate holders, on the pathways across the mandates of bodies within the AHRS.