Africa: biodiversity litigation in Africa

African countries are progressively adopting robust biodiversity laws. Kenya’s Constitution (2010) explicitly guarantees the right to a healthy environment (Article 42), reinforced by the Wildlife Conservation and Management Act (2013) and the Environmental Management and Coordination Act (1999). Additionally, the National Biodiversity Strategy and Action Plan aligns Kenya’s policies with global conservation commitments.

At the continental level, the African Union Biodiversity Strategy and Action Plan (2023-2030) emphasizes:

1. Governance and Practice – Strengthening biodiversity laws and enforcement mechanisms.
2. Sustainable Use and Benefit Sharing – Ensuring equitable distribution of resources, particularly in bioprospecting.
3. Sectoral Integration – Embedding biodiversity concerns into agriculture, infrastructure, and urban planning.
4. Innovative Financing – Mobilizing funding through mechanisms such as the Global Biodiversity Fund.
5. Capacity and Equity – Enhancing institutional capacity and promoting inclusivity in conservation efforts.

RBBL is gaining traction as a strategic approach, linking environmental protection to human rights. African biodiversity cases often fall into four categories:

• Right to a Healthy Environment – Ensuring clean air, water, and land for communities.
• Universal Human Rights – Addressing biodiversity loss as a threat to life, health, and economic security.
• Indigenous Rights – Protecting traditional land and knowledge systems.
• Rights of Nature – Recognizing legal personhood for natural ecosystems.

• Mwangi & Others v. Attorney General: Challenged the lifting of Kenya’s GMO ban on environmental and health grounds.
• Save Lamu v. NEMA: Halted a coal power project near a UNESCO site, displaying community-driven litigation.
• Communist Party of Kenya v. Nairobi Metropolitan Services: Suspended a major urban redevelopment due to lack of environmental impact assessment compliance.

Opportunities include leveraging international human rights norms, strategic litigation under the Kunming-Montreal Global Biodiversity Framework (targeting 30% land and marine conservation by 2030) and fostering cross-border collaboration among legal practitioners.

However, biodiversity litigation still faces obstacles such as unclear legal doctrines, insufficient scientific evidence linking biodiversity loss to human rights violations, and limited financial and institutional resources.

Recommendations for Strengthening Biodiversity Litigation:

1. Legal and Policy Reforms – Strengthen enforcement and harmonize biodiversity laws across African nations.
2. Public Interest Litigation – Support community-led legal actions to uphold environmental rights.
3. Education and Capacity Building – Equip legal practitioners with expertise in environmental litigation.
4. Indigenous Knowledge Recognition – Integrate traditional conservation practices into formal legal frameworks.
5. Sustainable Development Alignment – Ensure economic projects undergo stringent biodiversity impact assessments.

Africa’s approach to biodiversity litigation is advancing, driven by evolving legal frameworks, rights-based approaches, and strategic litigation. While challenges remain, strengthening legal enforcement, fostering interdisciplinary collaboration, and securing sustainable financing can position Africa as a leader in global biodiversity conservation efforts. As biodiversity loss accelerates, Africa’s legal mechanisms must evolve to safeguard its ecological wealth for future generations.