Work

Greening Human Rights in Africa: The African Court and the Environmental Accountability of States and Corporations

Year: 2026

Type: article

Abstract: The recognition of a clean, healthy, and sustainable environment as a human right has reshaped global human rights discourse, yet its operationalisation remains uneven. This article examines how the African human rights system which is uniquely grounded in collective rights, has reframed environmental protection as a constitutive element of development, sovereignty, and justice. Through doctrinal and case-law analysis, it traces the evolution from the African Commission’s foundational jurisprudence in SERAC, which extended state duties to the regulation of private and transnational corporate actors, to the African Court’s landmark judgment in LIDHO v. Côte d’Ivoire. The study demonstrates how the Court transforms the aspirational ‘greening’ of human rights into binding obligations by articulating a robust duty of vigilance and linking environmental harm to violations of the rights to life, health, and development. It further shows that LIDHO inaugurates a post-sovereign model of shared and polycentric responsibility, in which state accountability encompasses corporate conduct within their jurisdiction and, potentially, beyond it. The article concludes that the African Charter’s collective framework offers an implicit regional model of ecological justice, one capable of addressing extractive asymmetries and informing emerging climate-related obligations across the continent.

Source: Laws

DOI: 10.3390/laws15020022

Authors: Adeline Auffret O’Neil, Indira Boutier, Emmanuel Maganaris

Institutions: Aix-Marseille Université, Glasgow Caledonian University

Language: English

Topic: Environmental law and policy

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: gold

Estimated APC paid: $1,689