On the margins of the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) held in Arusha, Tanzania, CIVICUS, through the Consortium for Human Rights and Media in Sub-Saharan Africa (CHARM) project hosted a side event on Environmental Rights and Human Rights Defenders in Africa on 21 October 2023. The event, hosted in collaboration with partners under the Environmental Rights Legal Framework Coalition in Africa, was attended by 111 activists, civil society representatives and grassroots organisers.
The event was moderated by Paul Mulindwa – CIVICUS’ Advocacy and Campaigns Officer - Africa and had a diverse group of panellists including Commissioner Rémy Ngoy Lumbu, ACHPR's Chairperson and Special Rapporteur for human rights defenders in Africa as well as experts in land rights, indigenous peoples, climate change, and environmental defenders in Africa. CIVICUS extended the invitation to Masai indigenous peoples in and around Arusha – Ngorogoro and Loliondo – who are victims of land evictions, displacements, and harassment from authorities. The objective was to provide a space for Masai community to engage with relevant ACHPR mechanisms.
The side event was a success, it generated a lot of debate and engagement from the audience. The panellists responded to a wide range of questions, and they provided valuable insights into the situation of environmental human rights defenders (EHRDs), the role of ACHPR in protecting EHRDs, including the shrinking of civic space in Africa.
Commissioner Rémy Ngoy Lumbu presented the Commission’s strategic role in protecting the rights of EHRDs, and opportunities for collaboration. He promised and committed to supporting the initiatives around the resolution on EHRDs and a framework that binds all actors on issues of climate change and environmental justice. CIVICUS, in collaboration with partners has been coordinating a process to establish an Escazú-like mechanism in Africa. In view of streamlining this, Commissioner Rémy Ngoy Lumbu, supported the idea and committed to working with CIVICUS to bring the resolution to the ACHPR relevant mechanisms.
The event further provided an opportunity for participants to share information and learn challenges, opportunities, and strategies to manage EHRD-related issues in Africa. In particular, the following topics were discussed:
- The situation of indigenous, land and environmental defenders (ILEDs) and the state of environmental rights in Africa:
Participants highlighted the serious challenges faced by indigenous peoples, land and environmental defenders in Africa, including harassment, intimidation, violence, and killings. They also noted the lack of legal protections for environmental rights defenders in many African countries.
- The ACHPR perspective – the role of the Commission, and what it can do to improve the situation of ILEDs and the environment:
Participants emphasised the important role that the ACHPR can play in improving the situation of ILEDs and the environment in Africa. A call to the Commission to adopt a resolution on environmental rights defenders, and to develop a regional legal framework on environmental rights was sounded. The Commission, through the Chair, positively accepted and committed to collaborating with the CIVICUS and partners in realising this.
- The Need for a Just Transition
The event took place at a critical time, as Africa faces the twin challenges of climate change and the need for a just transition. Environmental rights are critical tools for ensuring that African ILEDs are able to safely carry out their work and that communities are not left out of the environmental and development decisions that will transform the continent in the coming decades.
- Challenges and Opportunities
While there has been an increase in the legal understanding and recognition of the importance of human rights and the environment across the continent, implementation and enforcement has not been as robust. Challenges stem from weak institutions and capacity deficiencies, lack of political incentives, and insufficient public awareness on how to effectively make use of these rights.
Despite the challenges, there are also opportunities to advance environmental rights and protect environmental defenders in Africa. The ACHPR is uniquely positioned to play a leading role in this regard. The Commission has a strong track record of promoting and protecting human rights in Africa, and it has the authority to develop and adopt resolutions and other instruments that can help to strengthen the protection of environmental rights and defenders.
CIVICUS’ side event at ACHPR was a valuable opportunity to raise awareness of the civic space challenges facing EHRDs in Africa, as well providing existing opportunities that can be utilised to protect and promote the rights and dignity of EHRDs. The event was a great opportunity for actors to call for action from the ACHPR and other stakeholders on critical issues affecting EHRDs.
Statement on the situation of environmental human rights defenders in Africa
Additionally, CIVICUS submitted a statement under Agenda Item 3 on human rights situation in Africa. The statement highlighted the dire situation faced by environmental human rights defenders across Africa. We articulated the challenges human rights defenders in Africa face, including the ever-increasing environmental degradation, natural disasters caused by the effects of climate change, and abuses against vulnerable communities in the name of profit or so-called ‘development’. The statement further highglighted how attacks against human rights defenders raising concerns about harmful business practices, including evicting and displacement of indigenous peoples’ communities in the name of business and development continue unabated.
The statement presented key asks, including a call for States to:
- adopt and implement laws and policies that protect environmental rights and defenders;
- create and maintain a safe and enabling environment for environmental defenders to work; and
- expedite the process of the drafting an African Regional Instrument to Regulate the Activities of Transnational Corporations and other Business Enterprises, towards ensuring accountability and access to remedy for business-related human rights violations in Africa, with particular focus on marginalised and vulnerable populations, in accordance with Resolution on Business and Human Rights in Africa (ACHPR/Res.550 (LXXIV) 2023).