Vance Center Supports Amicus Brief Submission in Crucial Climate Case Before African Regional Court

The Vance Center recently helped prepare legal arguments for an amicus curiae brief submitted by Astrid Puentes Riaño, the UN Special Rapporteur on the human right to a clean, healthy and sustainable environment, to the African Court on Human and Peoples’ Rights (ACtHPR). The brief was filed as part of a request by the Pan African Lawyers Union, a Tanzania-based NGO, for an advisory opinion on States’ climate obligations. The case marks the first time the ACtHPR has directly considered States’ human rights obligations in the context of climate change.

Notably, the brief emphasizes that African States’ obligations should take into account their development needs and historical contributions to global greenhouse gas emissions. It recognizes the significant impact of climate change on the region, noting that while some African States continue to rely on fossil fuels, many contribute relatively little to greenhouse gas emissions. Nevertheless, the brief argues, African States must protect present and future generations, as well as vulnerable populations and environmental defenders, and regulate the activities of private companies.

Crucially, the brief centers the importance of the right to a clean, healthy and sustainable environment. The African Charter on Human and Peoples’ Rights was the first regional human rights instrument to establish such a right, which has since been recognized by many courts and UN bodies. Considered alongside other frameworks of international law, the right requires States to prevent harm caused by climate change and protect affected individuals and communities now and in the future.

The African Court’s consideration of climate change builds on a growing body of advisory opinions issued by regional and international tribunals, including the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ). These opinions have significantly shaped an emerging global framework on climate obligations and underscore that States’ duties extend beyond core climate treaties such as the Paris Agreement.

The Vance Center’s Environment Program has actively contributed to this evolving body of work over many years. The Program has worked closely with previous special rapporteurs in key climate-related amicus submissions to ITLOS and the IACtHR and through earlier research cited in a recent ICJ opinion. With its decision, the African Court will add to this emerging global framework to strengthen and clarify States’ climate obligations.

Following the submission, Special Rapporteur Puentes Riaño shared that she was “very grateful to the Vance Center for their support in preparing the amicus submitted to the African Court.” The Vance Center is honored to have assisted the Special Rapporteur and is committed to continue supporting her mandate to promote and protect the right to a healthy environment.