Facilitating African Climate Change Adaptation Through Framework Laws

Rumble, Olivia

doi:10.21552/cclr/2019/4/4

Cited by 2 publications

(1 citation statement)

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“…Many African states have enacted framework laws that entrench broad ranging legal responses to climate change, particularly the need to improve adaptation responses. 103 Yet, it is possible that ESCRs will come to the fore again, given that the 'most straightforward application of [human] rights protection in a climate change context is likely to be to address governmental failures with respect to adaptation'. 104 As climate change increases pressure on basic resources such as food and water, governments will struggle to fulfil and protect these ESCR rights.…”

Section: Escr Adaptation Cases -Pending Cases and Rethinking Mazibukomentioning

confidence: 99%

The influence of human rights on climate litigation in Africa

Bouwer¹

2022

JHRE

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It could be expected that human rights would be a particular feature of climate litigation in African countries, not least because African regional and domestic legal systems feature extensive human rights protection, including of social and environmental rights. However, in practice, public law challenges mostly relating to environmental impact assessment have dominated climate litigation on the continent. This raises questions as to whether human rights arguments have been and are likely to be used in climate litigation in African regional and domestic courts, and if so how. This article examines these issues in three ways. First, it analyses the implications of cases grounded in human rights that engage with climate change issues and argues that these should be read as African climate cases. Second, it conducts a prospects analysis for social rights litigation in the context of climate change, arguing that existing jurisprudence in some jurisdictions may preclude such climate-focused social rights litigation. Third, the article analyses some administrative law cases, highlighting the layers of influence that human rights protection have on decision-making and outcomes. The core argument is that human rights protections and human rights-based strategies have fundamentally shaped African climate litigation, and will continue to do so.

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Section: Escr Adaptation Cases -Pending Cases and Rethinking Mazibukomentioning

confidence: 99%

The influence of human rights on climate litigation in Africa

Bouwer¹

2022

JHRE

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Feasibility assessment of climate change adaptation options across Africa: an evidence-based review

Williams¹,

Simpson

Totin

et al. 2021

Environ. Res. Lett.

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Considering the feasibility and effectiveness of adaptation options is essential for guiding responses to climate change that reduce risk. Here, we assessed the feasibility of adaptation options for the African context. Using the Global Adaptation Mapping Initiative, a stocktake of adaptation-related responses to climate change from the peer-reviewed literature in 2013–2020, we found 827 records of adaptation actions in Africa. We categorised and evaluated 24 adaptation options and for each option, six dimensions of feasibility were considered: economic, environmental, social, institutional, technological, and evidence of effectiveness. Over half (51%) of all adaptation actions were reported in the food sector where sustainable water management (SWM) was the most reported option. The fewest actions were reported for cities (5%). The majority of actions (53%) were recorded in just six countries: Ghana, Ethiopia, Kenya, Tanzania, Nigeria and South Africa. Encouragingly, effectiveness was assessed as medium or high for 95% of adaptation options. However, no options had high feasibility on any other dimension. Technological and institutional factors present major barriers to implementation. Crop management, SWM, sustainable agricultural practices, agroforestry, livelihood diversification, ecosystem governance and planning, health governance and planning, infrastructure and built environment, all had moderate feasibility across three or more dimensions. Human migration has low feasibility but high potential for risk reduction. Major knowledge gaps exist for environmental feasibility, for assessing adaptation limits at increasing levels of climate hazard, for economic trade-offs and synergies, and for Central and Northern Africa. Our results highlight sectors where enablers for adaptation can be increased. Future assessments can apply the method established here to extend findings to other national and local levels.

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Facilitating African Climate Change Adaptation Through Framework Laws

Cited by 2 publications

References 0 publications

The influence of human rights on climate litigation in Africa

The influence of human rights on climate litigation in Africa

Feasibility assessment of climate change adaptation options across Africa: an evidence-based review

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