A human rights approach to climate change in Africa: Challenges and prospects

by | Oct 14, 2019 | SADC, SADC 2012I1

A human rights approach to climate change in Africa: Challenges and prospects

Authors Obonye Jonas

ISSN: 2026-8556
Affiliations: Practising Attorney, Bayford & Associates; Lecturer, Law Department, University of Botswana
Source: SADC Law Journal, The, 2012, Issue 1, p. 78 – 97

Abstract

Since 1992, when the first negotiations on climate change took place, no other single topic in the world has been given so much of policymakers’ time. The reason for issues surrounding global warming and climate change coming to the fore is not hard to find: it stems from the fact that, when greenhouse gas emissions are left unchecked, the future will be inhabitable. However, despite palpable threats presented by global warming and climate change, not much has been achieved in terms of abating greenhouse gas emissions into the atmosphere, with countries like the United States — which are the greatest producers of carbon dioxide emissions — refusing to commit themselves to the to the global quest to reduce such emissions. Clearly, the attitude of the United States and other like-minded states portends misery for the future. Unfortunately, the dire consequences of climate change resulting from actions of uncooperative states are felt most keenly in Africa because the developing world has a limited capacity to adapt. Global warming is a threat to humankind, on the African continent and beyond it, and calls for all states to devise multi-vector strategies and concentrate their efforts in combating this problem.

Freedom from hunger, climate change and the sinking ark of agro-biodiversity: Any options for SADC?

by | Oct 14, 2019 | SADC, SADC 2012I1

Freedom from hunger, climate change and the sinking ark of agro-biodiversity: Any options for SADC?

Authors Anganile Willie Mwenifumbo

ISSN: 2026-8556
Affiliations: Works for UN Office of the High Commission for Human Rights, but writes in his own capacity
Source: SADC Law Journal, The, 2012, Issue 1, p. 55 – 77

Abstract

This contribution examines the general impact of climate change on agro-biodiversity for a predominantly agro-based Southern African Development Community (SADC) economy. It contends that any efforts to deal with the adverse effects of climate change need to be focused at the SADC region level, considering that the effects of climate change would significantly vary from one region to the other. It is, therefore, argued that the geographic proximity of SADC states and the effects of climate change on the region’s common agenda identified by Article 5 of the SADC Treaty justify the need that any climate change interventions primarily need to focus on the specific needs of the region. On this point, the paper notes that almost all SADC Member States are party to the United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR). The contribution argues that SADC Member States have an obligation under the fundamental right to freedom from hunger prescribed both by the ICESCR and the SADC Treaty to preserve agro-biodiversity as a tool to combat the adverse effects of climate change. The contribution further explores the options available for SADC to successfully respond to the effects of climate change by examining possible strategies for mitigation and adaptation.

Climate change policy positions and related developments in the AU and SADC

by | Oct 14, 2019 | SADC, SADC 2012I1

Climate change policy positions and related developments in the AU and SADC

Authors Oliver C Ruppel

ISSN: 2026-8556
Affiliations: Professor of Law, Faculty of Law, University of Stellenbosch, South Africa
Source: SADC Law Journal, The, 2012, Issue 1, p. 14 – 35

Abstract

Both the African Union (AU) and the Southern African Development Community (SADC) have embarked on new policy pathways to accommodate climate change more effectively in future. These pathways and recent developments such as the Tripartite Initiative and the BRICS Partnership between Brazil, Russia, India, China and South Africa are reflected on as they are not only deemed to become more and more relevant in a changing climate, but at the same time promise to enfold potential and new opportunities for economic and sustainable development for Africa on regional and sub-regional levels. It is the objective of this article to discuss these new policy pathways and related developments and, where possible, assess their potential benefit. While doing so, the article reflects on legal and institutional structures, some relevant cases, contemporary and future challenges, and developmental perspectives pertinent to the issue of climate change and the African continent.