On October 16, 2024, ISHR, as part of the Environmental Rights Agreement (ERA) Coalition, gave a side speech on advancing environmental issues on the sidelines of the 81st Regular Session of the African Commission on Human and Peoples’ Rights (African Commission). Co-hosted the event. Rights in Africa. This initiative takes into account recent trends, issues and risks facing those who protect the environment and climate, and aims to advocate for the adoption of measures to further develop environmental rights. The event was a continuation of discussions begun during the Commission’s 77th Ordinary Session in Arusha in 2023, with participants agreeing that such a document would strengthen the legal protection of environmental rights in Africa. .
Threats and challenges
Environmental rights defenders face several threats to their lives and safety on the continent. In his presentation, Brighton Ayampa talked about how activists working in Uganda against the East African Crude and Petroleum Project were arbitrarily arrested and detained and used political tactics to discourage their movement. He explained that he was being charged with a crime for the same reason. The government and its allies are filing strategic lawsuits against public participation (SLAPP lawsuits), and there is growing anxiety among advocates, who are afraid to speak out, which could lead to environmental problems in the long run. Policies and projects that are unfriendly to people may become permanent. Individuals rarely have access to information related to these projects and are unable to obtain meaningful information whenever such projects are initiated. The African Commission approached Uganda through a letter of appeal to further clarify the defenders’ case on the ground.
Normative protocols as a response?
Promoting a regional framework for Africa has the potential to promote environmental protection in a way that is sustainable and adaptable to African contexts.
It can also strengthen EHRD protection and improve corporate liability for environmental violations. To date, five normative protocols have advanced the field of the Charter, but these were insufficiently incorporated or not incorporated at all at the time of their drafting and adoption in 1981. The normative basis for adopting the Supplementary Protocol to the Charter, and the African Union’s consistent implementation of its provisions, similarly indicate that environmental rights can be better promoted within African human rights systems. There is.
Research to move forward
The African Commission is a key institution that can begin the drafting process of this Protocol, based on consistent practices. You can take inspiration from regions of Europe and America. However, given that the African Commission’s practice requires research prior to the development of such a framework, the ERA Coalition will consider developing further normative standards on the protection and promotion of environmental rights in Africa. proposed a resolution that could be adopted by the committee to expedite research on the Africa.
