The African Union (AU) through the Office of the Legal Counsel (OLC)  accomplished a significant  milestone in the global fight against climate change by completing an instrumental capacity-building write-shop for AU Member States, focused on the advisory proceedings of the International Court of Justice (ICJ) regarding States' obligations concerning climate change. This crucial write-shop workshop brought together an assembly of legal experts, environmental advocates, and policymakers from across the Continent to address, strategize, and illuminate the essential issues at the intersection of climate change and international law.

The write-shop featured a comprehensive agenda that included discussions on the advisory opinion requested by the United Nations General Assembly (UNGA). Experts emphasized the advisory opinion's vital role in advancing international law to safeguard current and future generations from climate change's detrimental impacts. A significant focus was placed on clarifying States' obligations under climate change laws, particularly concerning human rights, thereby reinforcing the nexus between climate change and human rights within the realm of international law.

During the sessions, participants explored the extensive  scope of the UNGA's questions, highlighting an opportunity to delve into obligations under the broader spectrum of international law. This exploration is not limited to existing legal frameworks such as the UNFCCC, the Paris Agreement, or UNCLOS but extends further to scrutinize due diligence and the duty to protect and preserve the environment comprehensively.

The write-shop workshop underlined the importance of a coordinated response from African Member States, emphasizing the need to articulate the specific vulnerabilities and circumstances of different regions, including small island states and areas affected by hot climates. It stressed the need for unity to address sensitive topics such as the historical impact of the acts and omissions of the Global North on the Global South including the unfulfilled financial commitments and future liabilities.

Experts provided in-depth analyses of the central role of the United Nations Framework Convention on Climate Change (UNFCCC) and its legal instruments in addressing climate change, focusing on the principles guiding States' obligations and emphasizing the responsibilities of developed countries to reduce emissions and provide financial support to developing nations.

Furthermore, the event delved into the critical intersections between climate change, environmental degradation, and human rights, urging an integrated approach to these global crises. It highlighted the essential role of environmental conservation in climate change mitigation and adaptation efforts and called for policies that incorporate human rights objectives seamlessly with climate strategies. Key discussions also covered the legal consequences of climate change violations, including state responsibility and the avenues for affected nations, particularly African countries, to seek reparations under international law. The need for comprehensive reparations, encompassing both restitution and compensation for material and moral damages, was a focal point, highlighting the accountability of states in effectively mitigating climate change impacts.

As the AU spearheads this pioneering engagement in the ICJ advisory proceedings, it showcases the continent's unified stance in seeking justice, accountability, and decisive action against climate change. The insights and strategies formulated during the workshop are poised to play a crucial role in advocating for States' obligations regarding climate change on an international level.

For further information:

Ms. Lami Omale | Legal Officer | Office of the Legal Counsel Email: omalel@africa-union.org

Ms. Meseret Fassil Assefa | Associate Legal Officer | Office of the Legal Counsel Email: meseretf@africa-union.org

Information and Communication Directorate, African Union Commission I E-mail: DIC@africa-union.org  
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