April 15, 2023

Africa Judiciaries Agree on Climate Plan

The 3rd Symposium on the Greening of Judiciaries across Africa recently concluded with 26 Chief Justices from African countries agreeing on a 10-point climate justice action plan. The action plan includes a commitment to develop a trans-national framework on environmental law and scaling up knowledge sharing to enrich jurisprudence on environmental law. During the meeting, Kenya's Chief Justice Martha Koome urged judges to apply the law in a manner that promotes environmental sustainability, social equity, and intergenerational justice.

Dr Sameera Mahomedy's recent article on The Conversation Africa emphasized the risks to human health posed by some industries. Extractive companies have been linked to various health and planetary harms, including air and water pollution, environmental degradation, fatalities, silicosis, and noise-induced hearing loss. The Kenyan judiciary is leading by example with the announcement of a standalone division of the High Court dedicated to environmental protection.

The 10-point climate justice action plan agreed upon during the symposium includes the establishment of specialized environmental courts and tribunals, capacity-building programs for judicial officers on environmental law, and incorporating environmental law into legal education. It also calls for the use of alternative dispute resolution mechanisms and engaging with non-state actors to promote environmental justice.

The development of a trans-national framework on environmental law is seen as critical to ensuring consistency in the interpretation and application of environmental law across African countries. This framework will serve as a guide to judicial officers and lawyers in the continent, promoting coherence and harmonization in the jurisprudence on environmental law.

The scaling up of knowledge sharing among judicial officers is also crucial in promoting environmental justice. This knowledge sharing will facilitate the exchange of best practices, experiences, and innovations in environmental law, leading to the development of a robust and effective legal regime for environmental protection in Africa.

The Kenyan judiciary's move to establish a standalone division of the High Court dedicated to environmental protection is a significant step towards achieving environmental justice. This division will focus on the speedy resolution of environmental cases, ensuring that environmental disputes are resolved within a reasonable time frame. This move is also expected to promote the development of jurisprudence on environmental law, thereby enriching the continent's legal regime on environmental protection.

In conclusion, the 3rd Symposium on the Greening of Judiciaries across Africa was a significant step towards promoting environmental justice in Africa. The 10-point climate justice action plan agreed upon by the Chief Justices of African countries and the establishment of a standalone division of the High Court in Kenya dedicated to environmental protection are critical steps towards achieving this goal. The implementation of the action plan and the establishment of specialized environmental courts and tribunals will go a long way in promoting coherence and harmonization in the jurisprudence on environmental law in Africa.