By Abbas Nazil
The South African Council of Churches has submitted a legal brief to the African Court on Human and Peoples’ Rights, urging stronger recognition of African states’ obligations to address climate change and regulate fossil fuel financing within a human rights framework.
The amicus curiae submission, filed on March 30, responds to a request for an advisory opinion initiated by the Pan African Lawyers Union and focuses on the legal duty of governments to prevent climate-related harm and oversee financial flows that support fossil fuel production.
The council argues that continued investment in fossil fuels directly threatens fundamental rights protected under the African Charter, including the rights to life, health, and a satisfactory environment, and insists that governments must act to safeguard these rights.
It further contends that states have both positive and negative obligations, meaning they must not only prevent environmental damage but also ensure that institutions and private actors under their jurisdiction do not contribute to climate harm.
Highlighting the disproportionate effects of climate change across the continent, the submission draws attention to recent experiences of floods, droughts, and displacement in southern Africa, stressing the vulnerability of affected communities and the growing humanitarian burden.
The council also underscores the role of churches in responding to climate disasters, while calling for clearer legal standards and accountability mechanisms that reflect the lived realities of communities already facing climate impacts.
In its recommendations, the submission urges African governments to exercise due diligence in their involvement with multilateral financial institutions and to align investment decisions with global efforts to limit temperature rise.
It also calls for stronger regulatory frameworks to curb private sector financing of fossil fuels and to accelerate the transition toward sustainable energy systems across the continent.
General Secretary Rev. Mzwandile Molo said the intervention reflects a commitment to justice and human dignity, emphasising that the voices of communities experiencing climate impacts must be central in shaping legal and policy responses.
The council described the advisory proceedings as a critical opportunity for the African court to clarify the scope of states’ responsibilities in tackling climate change, potentially setting a precedent for integrating human rights into climate governance across Africa.