Climate change justice and human rights : An African perspective / Edited by Ademola Oluborode Jegede and Oluwatoyin Adejonwo Digital

Preface v
Acknowledgments ix
Contributors xi
Abbreviations and acronyms xv 1 Introducing climate change justice and human rights: An African perspective Ademola Oluborode Jegede and Oluwatoyin Adejonwo 1
PART I: Human rights paradigm as an intervention to climate change
2 The role of human rights soft law instruments in clarifying the obligations of fossil fuel companies for climate change interventions in Africa Elsabé Boshoff 13
3 Human rights approach to climate justice in Africa: Experiences from other jurisdictions Oluwatoyin Adejonwo and Olubunmi Afinowi 35
4 Promoting reproductive rights as a pathway to climate compatible development in Africa Oluwatoyin Adejonwo 59
PART II: Climate change and regional protection of human rights
5 The adequacy of the African Charter on the Rights and Welfare of the Child in the risky trinity of climate change, food security and children Robert Doya Nanima and Ebenezer Durojaye 77
6 Connecting climate change and human rights in Africa: The potential role of non-governmental organisations in the African human rights system Ademola Oluborode Jegede 97
7 Climate transparency in Africa: An inquiry into the role of the African Peer Review Mechanism Mansha Mohee 123
PART III: Domestic regulatory frameworks on climate change and emerging jurisprudence 8 Climate finance in Africa through a human rights lens: A case study of the Turkana people in Kenya Attiya Waris, Afshin Nazir and Parita Shah 153
9 Low carbon energy sources as a tool in actualising the right to development in Africa: A Nigerian case study Jumoke Akinbusoye 173
10 Promoting and protecting human rights through implementation of the Paris Agreement in Kenya David Achero Mufuayia 189
11 Climate change and human rights in the Democratic Republic of the Congo: REDD+ and the protection of the rights of indigenous peoples Lassana Koné 207
12 The human right to a clean or healthy environment as an intervention to climate change in Mauritius Roopanand Mahadew 235 Selected bibliography 255

Populations in Africa are vulnerable to both the direct and indirect adverse effects of climate change that are of human rights significance. The urgency for states in Africa to implement climate interventions while they face developmental challenges, however, raises questions of 'justice' or 'fairness' between the developed and the developing states. Consequently, interrogating how the human rights paradigm may respond to negative implications of climate change and its 'fairness' is important as states continue to engage with the climate change standard setting. This edited volume critically interrogates human rights paradigm as an intervention to secure climate change justice for vulnerable populations; analyses regional protection against human rights consequences of climate change; and assesses emerging interventions based on domestic regulatory frameworks on climate change in selected states in Africa.