The Deadly Intersection of Climate Change and Insecurity Hits Women and Girls the Hardest
Posted: 9 October, 2024 Filed under: Mary Izobo | Tags: Africa, climate change, climate-related disasters, climate-smart agriculture, conflict, conflict-affected regions, displacement, droughts, eco-tourism, economic opportunities, economic vulnerability, education, gender inequalities, girls, healthcare, Horn of Africa, increased hunger, insecurity, natural resources, political stability, poverty, renewable energy, resources, socioeconomic equality, violence, women, Women and Girls Leave a comment
Author: Mary Izobo
International Human Rights Lawyer, Gender Equality Advocate and Governance Expert
Introduction
In today’s world, climate change is no longer just an environmental issue. It is a catalyst for conflict and insecurity. What is often overlooked is how this toxic mix impacts women and girls the hardest, especially in fragile and conflict-affected regions. When water sources dry up, droughts wipe out crops, and the land becomes infertile, competition for dwindling resources becomes violent. Women-led and gender-sensitive climate action in Africa is key to sustainable peace, political stability and greater socioeconomic equality.
From the Sahel to the Horn of Africa to Southern Africa, climate change fuels conflicts over natural resources like land, food and water, turning communities and countries against each other. In all of this chaos, women and girls bear the brunt. The effects of climate change and insecurity exacerbate existing gender inequalities, especially in countries facing economic and social inequalities, political instability and resource scarcity.
Unlocking sustainable development: How foreign direct investment shapes Africa’s future
Posted: 15 August, 2024 Filed under: Elim Shanko, Khushi Agrawal | Tags: 2030 Agenda, 2063 Agenda, African Continental Free Trade Area, climate change, developing countries, environmental degradation, environmental protection, FDI, fighting poverty, Foreign direct investment, global plan, global well-being, human rights abuses, international cooperation, reducing inequalities, social inclusion, sustainable development, Sustainable Development Goals Leave a comment |
Author: Khushi Agrawal Intern, RA Consulting |
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Author: Elim Shanko Sustainable development consultant, RA Consulting |
Introduction
Foreign direct investment (FDI) is a critical method of shaping economic growth and development for developing countries.[1] While instances of cross-border capital flow aim to foster improvement, it is becoming increasingly apparent that FDI is not the significant beneficiary of sustainable development it was originally believed to be.[2] The United Nations’ 2030 Agenda of Sustainable Development Goals (SDGs) are nowhere near their desired or planned standings.[3]
This article critically examines the current state of FDI and its effects on Africa’s developing economy, uncovers the challenges foreign investment is facing and searches for potential steps forward in achieving sustainability goals.
Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget
Posted: 15 July, 2024 Filed under: Justin Monyping Ater | Tags: adaptation strategies, climate adaptation, climate change, Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget, climate mitigation, education, health, human rights, human rights treaties, national budget, national human rights frameworks, National Legislature, Paris Agreement, right to life, South Sudan, UNFCCC, United Nations Framework Convention on Climate Change Leave a comment
Author: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan
Introduction
On 30 June 2024, the first Undersecretary of the National Ministry of Finance and Planning of South Sudan issued a public notice announcing the end of the ‘Fiscal Year 2023/2024’. The Undersecretary further noted that the:
‘Ministry of Finance and Planning will not receive new claims until the 2024/2025 Budget is passed by the National Legislature and assented into law’.
As indicated in the notice itself, whatever is contained in it, was to be effective immediately considering the date it was issued. This is because under section 15(5) of the Public Financial Management and Accountability Act, 2011:
‘The Financial Year shall cover a period of 12 months, which shall run from 1st July to 30th June each year’.
Climate change and children’s right to education: Exploring sustainable approaches to climate-induced heatwaves in South Sudan
Posted: 10 May, 2024 Filed under: Justin Monyping Ater | Tags: children’s right to education, children’s rights, climate change, climate change solutions, climate related deaths, climate resilient classrooms, closing of schools, heatwaves, human rights, South Sudan, South Sudan’s Constitution and Child Act 2008, sustainable strategies, United Nations Convention on the Rights of the Child 1 CommentAuthor: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan
Introduction
South Sudan is increasingly becoming extremely vulnerable to climate change events such as excessive climate-induced heatwaves. Evidence suggests that this may be because the country falls under the category of the least developed Countries (LDC). These countries bear a greater burden of climate change’s adverse consequences than developed countries, yet they emit less greenhouse gases. This is because LDCs lack resources and the capacity to mitigate and adapt to climate change. The rationale also applies within a country. Each state has communities and individuals who are disproportionately vulnerable to climate change and its effects. For instance, as of 14, 15, and 16 March 2024, South Sudan’s government made considerable press releases spotlighting the disproportionate impacts of heatwaves on vulnerable groups such as children. This resulted in, for example, climate related deaths and consequently closing and re-opening of schools without strategies to keep the schools open and avoid the perpetual violation of children’s right to education. In light of this, it is argued that the government’s response of closing down schools was unsustainable. To avoid future interruption to learning, the government should adopt sustainable strategies such as the construction of climate resilient classrooms. However, in the meantime, children should be educated about climate change and its consequences to make them climate resilient. Following this introduction, the article discusses South Sudan’s obligation under international and national frameworks that provide basis for initiating and developing durable strategies to curb climate change and thereby protect children’s right to education.
Is South Africa turning a blind eye to climate injustices?
Posted: 8 August, 2022 Filed under: Sandile Nhlengetwa | Tags: carbon budgets, Carbon Tax Act 15 of 2019, climate change, Climate Change Bill, Convention for the Protection and Assistance of Internally Displaced Persons in Africa, Disaster Management Act 57 of 2002, environmental laws, gas mitigation plan, greenhouse gases, human rights-based approach, Kwazulu-Natal floods, National Environmental Management Act 107 of 1998, policy framework, socio economic development, South Africa, statutes, threat Leave a comment
Author: Sandile Innocent Nhlengetwa
LLB candidate, University of the Western Cape
Climate change is the greatest threat to mankind as it poses a major threat to the survival of humans on earth. It has a negative impact on the prospects of economic and social prosperity of any nation. South Africa has over the years witnessed a number of her citizens; particularly poor susceptible groups being severely affected by the impacts of climate change. Most recently, the Kwazulu-Natal floods did not only displace indigent people it also led to the loss of lives. The South African government turned a blind eye to this and has been the slowest to react. Two months after the floods occurred, the government is yet to allocate satisfactory financial and human resources to redress the situation. This can be partly linked to the absence of a legislative regulatory framework which provides for an effective, clear and comprehensive response to climate change in order to minimise its impact. Currently, climate change is regulated in a piecemeal manner. Since the Constitution was adopted, an overwhelming number of statutes of environmental nature were enacted including the National Environmental Management Act 107 of 1998 and the National Environment Management: Air Quality Act 39 of 2004. Though both these statutes do not refer to climate change in explicit terms they require the environment to be utilised in a sustainable manner that is not harmful to human beings and regulate the emission of greenhouse gases respectively. Worth mentioning, however, is the Carbon Tax Act 15 of 2019 as well as the Disaster Management Act 57 of 2002 both of which have a direct bearing on climate change. The latter Act is the legislative framework within which the government responds to the impacts of climate change. The former makes explicit reference to climate change in its efforts to avoid dangerous anthropogenic climate change by stabilising greenhouse gas emissions while also ensuring sustainable socio economic development.
Climate change and internal displacement
Posted: 14 July, 2022 Filed under: Bernice Asante, Meron Eshetu Birhanu, Zanele Christine Fengu | Tags: climate change, climate policies, climate refugees, climate-related displacement, conflict, gender-based violence, global justice, human trafficking, IDPs, internal displacement, Kampala Convention, medical services, mental health, vulnerable communities Leave a comment
Authors: Zanele Christine Fengu, Meron Eshetu Birhanu and Bernice Asante
“Internal Displacement and climate change are both highly complex phenomena. In the public debate we often hear about ‘climate-related displacement’ or even ‘climate refugees’, and very often this is done with a note of alert”.
The Global Classroom on Human Rights recently held its annual meeting, which was hosted by the Centre for Human Rights, University of Pretoria with Internal Displacement as its theme. The programme featured enlightening presentations from members across the world who reflected on legal and non-legal approaches to the matter. A key message which came from the engagement was the need to adopt a climate justice approach to climate change and how our legal frameworks could embody this principle.
UNCRC climate decision is a missed opportunity – A response to Muhumuza and Wepukhulu
Posted: 9 February, 2022 Filed under: Elsabé Boshoff, Samrawit Getaneh | Tags: climate change, climate change litigation, Domestic remedial mechanisms, emissions, global warming, international human rights law, local remedies, national courts, Paris Agreement, positive change, public international law, renewable energy, UN children’s rights committee Leave a comment
Author: Elsabé Boshoff
PhD Fellow, Norwegian Centre for Human Rights, University of Oslo
Author: Samrawit Getaneh Damtew
Human Rights Advisor, GIZ Ethiopia and Djibouti
The UN Children’s Rights Committee (CRC) received its first Communication on climate change-induced child rights violations in Sacchi, et al. v. Argentina, et al. In its admissibility decision, the CRC confirmed that climate change has child right impacts and states have extraterritorial responsibility for harmful effects of emissions. However, the Committee declared the Communication inadmissible for failing to exhaust local remedies. In their article on AfricLaw, Muhumuza and Wepukhulu argue that this decision was the right one. We argue why the Communication should have been admissible.
Criteria for exhausting domestic remedies
The above-mentioned article argued that the decision is in line with the settled rules of exhaustion of domestic remedies. While this may be a general rule, it has exceptions. The CRC Optional Protocol in article 7(3) provides that exhaustion of local remedies is not required where the remedy is “unreasonably prolonged or unlikely to bring effective relief”.
The ball is in our court: Why the UN Children’s Rights Committee decision on climate change was the right one.
Posted: 24 January, 2022 Filed under: Khatondi Soita Wepukhulu, Nimrod Muhumuza | Tags: climate change, climate change impact assessment, climate change litigation, climate response policies, coal-fired power plants, Domestic remedial mechanisms, Earthlife Africa, emissions, global warming, international human rights law, Kyoto Protocol, legitimacy deficit, local remedies, national courts, Neubauer, Paris Agreement, positive change, public international law, renewable energy, Sharma, UN children’s rights committee, Urgenda Leave a comment
Author: Nimrod Muhumuza
LL.D. candidate, Dullah Omar Institute, University of the Western Cape
Author: Khatondi Soita Wepukhulu
Reporter, openDemocracy, Uganda
In a ground-breaking decision, the UN Children’s Rights Committee recently found that states are legally responsible for the harmful effects of emissions originating in their territory on children outside their borders. The fact that climate change is a global problem does not absolve individual states of their responsibility to reduce their share of emissions. Nonetheless, it found the authors’ complaint inadmissible for failure to exhaust local remedies. The decision was welcomed in some quarters and criticised in others.
The rules on exhaustion of local remedies within public international law and international human rights law are settled. The requirement serves as a manifestation of a state’s sovereignty – that states should be allowed to deal with a claim brought against it using the judicial and administrative mechanisms within their domestic legal order. In human rights law, exhaustion of local remedies is premised on the principle of subsidiarity. The primary avenues for remedying human rights violations are states’ judicial, quasi-judicial and administrative bodies. Only when these domestic avenues are ‘objectively’ considered unavailable, ineffective, unduly burdensome or only obtainable after inordinate delays can the complainants turn to international human rights mechanisms for recourse.
The Global Compact on Refugees: A breakthrough opportunity in addressing the protracted refugee crises in East Africa
Posted: 4 October, 2019 Filed under: Juliet Nyamao | Tags: Agenda for Sustainable Development, climate change, climate changes, East Africa, Ethiopia, flee, fleeing war, forced displacement, Global Compact on Refugees, human rights violations, humanitarian funding, Kenya, migration, New York Declaration for Refugees and Migrants, refugee camps, refugee self-reliance, refugees, SDG, sub-Saharan Africa, sustainable development, Uganda, UN, United Nations, war 2 Comments
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
In recent years, the world has witnessed an explosive increase in the number of refugees and internally displaced persons. The upsurge in forced displacement has increased the demand for humanitarian assistance and strained the limited resources of host nations, majority of which are developing economies. The resulting economic strain compelled the international community to develop sustainable mechanisms for protecting refugees and displaced persons in alignment with the 2030 Agenda for Sustainable Development. Read the rest of this entry »
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