The Bar Human Rights Committee of England and Wales (‘BHRC’) together with NGO Partners: Africa Institute for Energy Governance, Congolese Alert for Environment and Human Rights, Legal and Human Rights Centre, Youth for Green Communities, Zimbabwe Environmental Law Organisation, and Lawyers for Lawyers filed a joint Third Party Submission before the African Court on Human and Peoples’ Rights Advisory Opinion proceedings concerning the obligations of States with regards to the climate crisis.
In its joint submission to the African Court on Human and Peoples’ Rights, the Bar Human Rights Committee (BHRC), together with a coalition of African civil society organisations, places the experiences of environmental human rights defenders (EHRDs) at the centre of the Court’s consideration. The submission emphasises that EHRDs — individuals and communities who work to protect land, natural resources, and environmental rights — play a vital role in advancing accountability, safeguarding the environment, and securing the enjoyment of fundamental rights. As the submission notes, their work is “critical to the achievement of the rights set out in the African Charter,” particularly the right to a clean, healthy, and sustainable environment.
At the same time, the submission highlights that EHRDs across Africa are operating in an increasingly hostile and dangerous environment. It documents a wide range of risks faced by defenders, including threats, violence, arbitrary arrest and detention, enforced disappearance, and harassment by both State and non‑State actors. These risks are illustrated through concrete examples, including crackdowns on activists opposing the East Africa Crude Oil Pipeline (EACOP) in Uganda, where defenders have been subjected to repeated arrests, surveillance, and intimidation. The submission also refers to cases of killings and disappearances of defenders in countries such as the Democratic Republic of Congo and Sudan, and Zimbabwe, as well as the use of criminal charges, smear campaigns, and strategic litigation to silence environmental activism. Defenders are frequently labelled “anti‑development” or portrayed as acting against national interests, contributing to a climate of fear and impunity that undermines their work.
Against this backdrop, the submission argues that these harms are not isolated incidents but reflect systemic failures by States to fulfil their obligations under the African Charter. BHRC and its partners emphasise that EHRDs are both uniquely vulnerable and indispensable to the protection of environmental and human rights, and therefore merit enhanced protection. The submission calls on the Court to recognise that States owe a “special duty of protection” to environmental defenders, requiring not only the prevention of harm, but also effective investigation and accountability for abuses, and the creation of a safe and enabling environment in which defenders can operate freely. It further highlights the importance of ensuring meaningful participation by EHRDs in environmental decision‑making processes, recognising their crucial role in advancing climate justice and the rule of law across the continent.
With special thanks to all local and international partners and BHRC Executive Committee Members Naomi Hart, Isabella Kirwan, and Shanthi Sivakumaran for their work on this submission.
You can read the submission here: Joint ACtPHR Submissions on positive duties owed to EHRDs
