The Intersection of Gender Equality and Sustainable Development in African Communities
Posted: 12 August, 2024 Filed under: Elim Shanko, Keten Abebe | Tags: African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), Agenda 2063, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), egalitarian involvement, environmental degradation, gender discrimination, gender equality, gender parity, international treaty, labour exploitation, mitigation, National climate change policies (NCCPs), Nationally Determined Contributions (NDCs), natural resources, Paris Agreement, policy, poverty, quality of life, sub-Saharan Africa, sustainable development, United Nations’ (UN) Paris Agreement (PA), women's rights Leave a comment |
Author: Keten Abebe Intern, RA Consulting |
 |
Author: Elim Shanko Sustainable development consultant, RA Consulting |
Introduction
As of 2019, approximately 60% of employed women within Sub-Saharan Africa worked in agriculture, a field gravely impacted by corporations’ exhaustive use of natural resources. The financialisaton and depletion of natural resources within these African communities leads many women to experience poverty and destitute living conditions. Approximately 62.8% of women worldwide who live in extreme poverty reside in Sub-Saharan Africa. Additionally, the reality of worsening environmental conditions exacerbates the deterioration of women’s quality of life. According to the UN Women’s Organisation, African women often overly endure labour exploitation within capitalist markets, leading to environmental degradation and unsustainable development practices to persist among financially driven corporations. Similarly, a brief submitted to the 2015 Global Sustainable Development Report (GSDR) emphasises the impracticality of achieving sustainable development within African communities if the alienation of half of the population (women and girls) persists socially, economically and politically. Ultimately, sustainable development within African communities cannot be achieved without gender parity.
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’.
Unpacking the Race to Zero Campaign and its Impact on the realisation of the right to development in Africa
Posted: 2 February, 2024 Filed under: Elim Shanko | Tags: African Charter of Human and Peoples Rights, climate challenges, climate justice, cyclones, decarbonisation strategy, devastating droughts, development goals, Disaster Risk Reduction reports, energy justice, energy-poor zones, GHG emissions, global crisis, Just Transition, over-consumers, Paris Agreement, Race to Zero Campaign, renewable sources, right to development, sustainable development, sustainable future Leave a comment
Author: Elim Shanko
Sustainable development consultant, RA Consulting
Introduction
The African continent, recently grappling with unprecedented climate challenges, finds itself at the forefront of a global crisis. From devastating droughts to intense cyclones, the impacts have been severe, costing lives and disrupting economies. The United Nations Office for Disaster Risk Reduction reports that climate catastrophes cost Africa 12.3% of its GDP between 2015 and 2021. Shockingly, Africa’s 30 deadliest weather disasters have all occurred since 2022, attributing climate change as the primary cause. Thus, the Race to Zero (RtZ) campaign emerges as a key player in the pursuit of a sustainable future. This article critically examines the campaign’s structure and its implications for Africa’s unique challenges, questioning its alignment with principles of climate justice, energy justice, and a just transition and ultimately assessing its impact on the realisation of the right to development.
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.
AfricLaw 