An exposition of Africa’s regional environmental laws, policies and systems for safeguarding the human rights to a clean, healthy and secured environment

2.1.1 Right to a decent, clean and healthy environment

The African Charter emphasises the right to a decent, clean and healthy environment in Article 24 as follows: ‘All peoples shall have the right to a general satisfactory environment favourable to their development.’24 Scholars agree that this right recognises the importance of safeguarding a clean, safe, decent and healthy environment for the well-being of individuals and communities.25 A distinctive aspect of this proviso is its tripartite angle - it incorporates the protection of individuals’ rights in relation to their environment, the protection of collective and community rights, and the conservation of the environment itself. In this manner, it highlights the need for measures to prevent pollution, promote sustainable development and protect ecosystems. This provision in the African Charter also emphasises the responsibility of governments to respect, protect, fulfil and ensure the enjoyment of this right by their citizens. By recognising the importance of a decent, clean and healthy environment, the African Charter sets the foundation for environmental protection initiatives in Africa.

The right to environment is significantly linked to the right to health. The African Charter provides in article 16 that ‘every individual shall have the right to enjoy the best attainable state of physical and mental health’. Furthermore, ‘state parties to the present Charter shall take the necessary measures to protect the health of their people’. This progressive link between health and the environment has been recognised by the African Commission on Human and Peoples’ Rights (African Commission) in SERAC26 regarding Shell Oil’s exploration activities in the Niger Delta. The plaintiffs argued that the oil exploration activities of Shell, under the licence given by Nigerian authorities, disregarded the safety of local communities and violated the rights of the Niger Deltans. The plaintiffs argue that Shell’s activities have led to severe environmental degradation and health issues in the region, violating both national and international laws, particularly articles 16 and 24 of the African Charter. Additionally, they claim that the Nigerian government failed to enforce regulations and protect its citizens. The African Commission ruled in favour of SERAC, holding Shell accountable for its negligence and failure to implement safety measures, as well as implicating the Nigerian government in its complicity. While recognising the Nigerian state’s right to extract oil, it also made clear that the government had not taken the necessary precautions to guarantee sustainable development and the defence of the environmental and human rights of the region’s native population, particularly the Ogoni people. As a result, the Commission determined that the Nigerian state had violated articles 16 and 24 of the African Charter regarding the right to a clean and healthy environment.

The verdict has set a crucial legal precedence that impacts future cases involving environmental activism. Furthermore, it prompted compensation and remediation efforts for the affected communities, along with changes in Shell’s operations and corporate social responsibility policies. Importantly, the verdict and its implications mark a crucial turning point in the fight for environmental rights as supported by the provisions of the African Charter.

Gbemre v Shell Petroleum Development Company Nigeria Limited & Others is another landmark case on the right to environmental protection and health.27 The applicants argued that they have a right to ‘enjoy the best attainable state of physical and mental health as well as a right to a general satisfactory environment favourable to their development’. Accordingly, the degradation of the environment by the respondents violated these human rights. In this case, the judge ruled in favour of the applicants’ argument and the environmental and health rights of the affected communities.

3.1.1 Legal and policy interventionsles

Although there is no regional MEA for climate change per se, some countries have enacted specific laws addressing climate change, often aligned with regional environmental objectives and international commitments.43 These laws typically cover emissions reductions, adaptation and mitigation measures, renewable energy and sustainable land use. In Nigeria, for example, the Climate Change Act of 2021 serves as a binding legal framework for the country to address climate-related issues.44 Fifty-four countries in Africa have ratified the Paris Agreement (and Kyoto Protocol) and are working to meet their nationally-determined contributions (NDCs) under the Paris Agreement, which outlines individual climate action plans and commitments.45 Many countries have also taken steps to submit their national adaptation plans (NAPs) as part of their commitments to reduce emissions and adapt to climate change.46

At the continental level, Agenda 2063 is a framework that emphasises sustainable development and environmental resilience.47 It aims to address climate change as a key obstacle to achieving development goals.48

The Africa Climate Change Strategy 2020-2030 represents a critical and comprehensive continent-wide policy framework designed to address the multifaceted challenges posed by climate change across the African continent.49 This strategy acts as a strategic roadmap to effectively combat climate change through a combination of adaptation, mitigation, early warning systems and resilient development strategies. A vital aspect of the strategy is its call for the strengthening and expansion of national meteorological and hydrological services. This enhancement is necessary to ensure that these services can provide timely and accurate weather forecasts as well as effective early warning systems for extreme weather events, including floods, droughts and heatwaves, experienced across the continent. It prioritises equitable access to financial resources, facilitates technology transfer, and emphasises regional collaboration to build resilience against the increasingly severe threats posed by climate change.50 Furthermore, it seeks to leverage Africa’s unique natural assets to promote sustainable economic growth.

Another cornerstone of the strategy is the promotion of climate-resilient infrastructure. Countries in the African region are urged to prioritise investments in the development of resilient infrastructure, which includes essential components such as advanced water management systems, sustainable agricultural practices and comprehensive disaster risk reduction measures. These initiatives must be specifically tailored to address local climate vulnerabilities, ensuring that each country can effectively respond to its unique challenges.

In addition, the strategy emphasises the importance of sustainable land use practices. It advocates practices such as agroforestry, reforestation and sustainable grazing to protect ecosystems and enhance carbon sequestration efforts. The strategy also outlines an acceleration of efforts focused on adopting renewable energy sources such as solar, wind and geothermal power. This transition is to be supported through policy incentives, capacity-building initiatives and investments in clean energy technologies. Furthermore, the implementation of energy-efficiency measures across various sectors - including building construction, transportation, and industry - is prioritised to mitigate energy consumption and reduce greenhouse gas emissions.

In a significant milestone for climate action on the continent, the African Union (AU) Heads of State and Government formally adopted the African Union Climate Change and Resilient Development Strategy and Action Plan for the period from 2022 to 2032 in February 2022.51 This landmark achievement establishes a foundational basis for coordinated climate action at the continental level.52 It provides a comprehensive framework within which African countries and communities can pursue a unified climate change agenda and resilience development strategy. The plan aims to foster partnerships among countries and stakeholders, while rallying support for its effective implementation, thus bolstering Africa’s collective response to one of the most pressing challenges.

The African Union Green Recovery Action Plan 2021-2027 also aims to ‘tackle the combined challenges of the COVID-19 recovery and climate change, by focusing on critical areas, including climate finance, renewable energy, resilient agriculture, resilient cities, land use and biodiversity’.53

Another important regional climate change initiative is the Kampala Ministerial Declaration on Migration, Environment, and Climate Change (KDMECC-AFRICA), which was adopted in 2021.54 This Declaration is particularly noteworthy as it specifically addresses the complex interplay between migration, environmental degradation and climate change across the African continent. It aims to foster an integrated approach and establish an action-oriented framework that deals with human mobility driven by climate change and environ-mental factors. A key aspect of the KDMECC-AFRICA is its emphasis on human rights, advocating the protection of the rights of migrants impacted by environmental and climate-related issues. This focus on human rights underscores the necessity of recognising and upholding the dignity and rights of all individuals, irrespective of their migration status. The Declaration highlights the fact that environmental degradation and the adverse effects of climate change are substantial contributors to migration and displacement in Africa. Therefore, it calls for a comprehensive and cohesive strategy to tackle these intertwined challenges.

An essential component of the Declaration is the call for cross-sectoral approaches and regional cooperation, which is paramount to the successful implementation of all regional instruments and policy agendas. It champions the integration of migration, environmental and climate change policies at both national and regional levels, which is crucial for formulating comprehensive frameworks capable of effectively tackling the multifaceted nature of these issues. Furthermore, it encourages enhanced collaboration among African nations to exchange knowledge, resources and best practices aimed at addressing the challenges posed by climate change and migration. While the KDMECC-AFRICA is still in its early stages of implementation, it stands as a critical instrument reinforcing Africa’s commitment to engaging in global efforts to combat climate change and address migration concerns.

In addition to the KDMECC-AFRICA, several other initiatives have emerged to bolster adaptation, mitigation and climate control actions in Africa. The Africa Adaptation Initiative (AAI) exemplifies this effort by focusing on the direct impacts of climate change.55 Its objectives include enhancing observational infrastructure and early warning systems; supporting the establishment and strengthening of national institutions and policies; implementing specific adaptation projects; and mobilising financial resources and investments. Through the AAI, African national governments are expected to take the lead in implementing initiatives, while a Continental Adaptation Support Unit will be formed to coordinate these efforts and amplify action.

The African Agriculture Initiative (AAA), launched at COP22, aims to mitigate Africa’s vulnerability to climate change and enhance food security on the continent.56 The AAA concentrates on a variety of critical projects, such as improving soil management techniques, enhancing agricultural water control, developing strategies for effective climate risk management, and promoting capacity-building initiatives and funding solutions. Presently, the AAA enjoys active support from 25 African nations, various international organisations, including the United Nations Framework Convention on Climate Change (UNFCCC) and the Food and Agricultural Organisation (FAO), and has potential avenues to significantly contribute to agricultural projects despite confronting various implementation challenges.57

Another noteworthy initiative is the Africa Hydromet Programme, which is being implemented in collaboration with the World Bank Group and the World Meteorological Organisation.58 This regional framework aims to achieve several critical objectives. First, it focuses on capacity building for meteorological institutions, enhancing the knowledge and skills of these institutions to improve their ability to provide accurate and timely hydrometeorological services. Second, it seeks to strengthen data collection and analysis capabilities, ensuring that reliable and comprehensive information is available for decision making related to weather and climate. Lastly, the initiative aims to enhance forecasting and modelling techniques, thereby advancing the accuracy and reliability of weather and climate predictions essential for effective planning and response.

These initiatives collectively contribute to a robust framework for addressing the multifaceted challenges posed by climate change in Africa, highlighting the continent’s proactive commitment to sustainable development and resilience in the face of climate adversity.

To assist member states in lowering the risk of loss and damage from extreme weather events and natural catastrophes, the Agreement for the Establishment of the African Risk Capacity Agency (ARC) was adopted in 2012.59 The ARC was also established as a specialised agency of the AU to help member states of the AU to improve their capacities to better plan, prepare and respond to extreme weather events and natural disasters.60 The ARC further assists AU member states to reduce the risk of loss and damage caused by extreme weather events and natural disasters affecting Africa’s populations by providing targeted responses to disasters in a more timely, cost-effective, objective and transparent manner.61

Various other strategies, plans of action and sub-regional frameworks are available to address the unique climate change challenges in the continent. For example, the East African Community (EAC) has developed a regional climate change policy, the EAC Climate Change Policy (EACCCP), which focuses on adaptation, mitigation and capacity building among member states.62 The Southern African Development Community (SADC) also has a number of regional climate change strategies aimed at enhancing resilience to climate change impacts, particularly in sectors such as agriculture and water management.63

The ECOWAS Strategic Programme on Reducing Vulnerability and Adapting to Climate Change 2020-2030 is a West African-focused strategy to reduce vulnerability to climate change and to build the resilience of affected communities. Similarly, the ECOWAS Environment Policy highlights the need for a comprehensive and coordinated approach to address environmental challenges in the region.64 This policy recognises the importance of sustainable development and the preservation of natural resources. It aims to enhance environmental governance and promote the adoption of environmentally-friendly practices in member states. By establishing clear objectives and goals, as well as key principles and strategies, the policy framework provides a roadmap for effective implementation and monitoring mechanisms. Additionally, this climate strategy for the ECOWAS region emphasises the importance of mitigating and adapting to the impacts of climate change, while also promoting the use of renewable energy sources. The policy is important to the ECOWAS region for several reasons. The ECOWAS region faces significant environmental challenges, including deforestation, land degradation, water scarcity, pollution and loss of biodiversity.65 Recognising the importance of addressing these issues, the policy and strategy have been developed to mitigate and adapt to the impacts of climate change in the region in relation to these issues. It also promotes the use of renewable energy as a key solution to reducing greenhouse gas emissions. The policy framework sets objectives and goals and establishes key principles and strategies for implementation. Effective monitoring mechanisms would ensure the successful implementation of this policy.

Organisations, projects and institutions that contribute to sustainable environmental development and protection in Africa include the African Climate Policy Centre;66 The African Climate Foundation;67 the ClimDev Special Fund (CDSF);68 the Africa Phytosanitary Programme (APP).

While these initiatives, agreements, action plans, strategies and policies are significant in tackling climate change, it is worth noting that they do not create binding obligations on states. Many of these offer policy guidance without a corresponding legal enforcement obligation. The effectiveness is also hindered by the absence of explicit legally-binding provisions to institute actions against individuals and organisations that fail to carry out adaption, mitigation or control measures.

Africa’s limited infrastructure and financial resources significantly hinder efforts to adapt to these changes and build resilience against climate-related shocks. Many countries struggle to implement effective adaptive strategies due to a lack of investment in technology, infrastructure and education. This creates a cycle of vulnerability from which it is difficult to escape.

Another identifiable challenge lies in the content and nature of these efforts. As noted by Gadani and others, the governments in the African region demonstrate a low to moderate level of commitment to greenhouse gas (GHG) mitigation efforts, with none exhibiting a high level of ambition.69 This situation can largely be attributed to their significant vulnerability to climate change impacts, which leads to a stronger emphasis on adaptation strategies rather than aggressive mitigation initiatives.70 Furthermore, African countries contribute relatively little to global GHG emissions, which also influences their policy focus.71

To effectively tackle these challenges, there is a critical need for international cooperation and support. While the Paris Agreement provides a robust framework, there is also a need to have African-oriented and focused MEAs which would take into account the unique challenges that African countries face and the collaborative effort to be undertaken to fight climate change in the region. This system should include the promotion of sustainable development strategies that emphasise the importance of environmental conservation and resilience building. It should emphasise investment in renewable energy sources, such as solar and wind power, which can provide alternative energy solutions while reducing dependence on fossil fuels.

The system should stress the focus and support for climate-smart agricultural practices, which should be tailored to fit the local contexts of different regions, ensuring that farmers have the tools and knowledge necessary to adapt to changing climatic conditions. By addressing these challenges through collaborative efforts and innovative strategies, Africa can work towards a more sustainable and resilient future in the face of ongoing climate change.

3.2.1 Legal and policy interventions

Some efforts have been made at the regional level to control harmful waste, especially hazardous transboundary waste management.83 The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (Bamako Convention) is one of the most significant instruments in this respect.84 The Bamako Convention is an agreement aimed at addressing the environmental challenges related to hazardous waste in Africa.85 The Bamako Convention was created in response to article 11 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention), which enjoins state parties to engage in bilateral, regional and multilateral agreements on hazardous waste to further the Basel Convention’s goals. The Basel Convention’s inability to prevent the transfer of hazardous waste to less developed countries (LDCs) and the discovery that numerous developed countries were exporting toxic garbage to Africa served as the impetus for the Bamako Convention. The need for the Convention was strengthened following several prominent cases, such as the 1988 Koko incident, when a small fishing town in Southern Nigeria was the site of an unlawful disposal of nearly 2 000 drums, bags and containers containing hazardous wastes, including polychlorinated biphenyls (PCBs), a highly carcinogenic chemical compound, by Italian businesses.86 The vendor stated that the garbage would help poor farmers as fertiliser, but it ended up being a nightmare.

Essentially, the Bamako Convention prohibits the import of hazardous waste into Africa, regulates the transboundary movement of such waste, and establishes guidelines for the management and disposal of hazardous waste in Africa, except for pollutants from ship discharges. Hazardous wastes are defined under the Convention as hazardous substances that are prohibited, cancelled or refused registration by government regulatory action for reasons related to health or the environment. Article 2 of the Convention also addresses radioactive wastes. Legislation designating and classifying hazardous wastes not previously included in the Convention will be enacted by the parties, according to article 3. Article 4 requires parties to take preventive measures with regard to waste generation and to implement a ban on the import of hazardous waste as well as the dumping of hazardous waste in internal and maritime seas. Every party shall also refrain from exporting hazardous wastes to states that have made such imports illegal by law or international agreement, or if it has reasonable grounds to suspect that the wastes in question cannot be managed in an environmentally-sound manner.

In order to report and take action regarding the transboundary transport of hazardous wastes, members are required to set up monitoring and regulating bodies (articles 5, 6, 7, 8 and 9). Parties are to also share information on hazardous waste events as well as strategies for resolving the issues that have been discovered (article 13).

This Convention is comprehensive for its objective and targeted purpose. By implementing the Convention, African countries can safeguard their environments and protect their populations from the risks associated with hazardous waste. This framework, if properly implemented and adhered to, can also contribute to a cleaner and healthier environment in Africa by preventing the influx of harmful substances and ensuring proper management of hazardous waste on the continent. Through the directive of this Convention, African countries can develop national legislation and enforcement mechanisms to ensure the safe handling, transportation and treatment of hazardous waste.

This regional cooperation also strengthens capacity building, technical assistance programmes and knowledge exchange to enhance Africa’s ability to effectively manage and regulate hazardous waste. By implementing effective regulations and enforcement mechanisms, under the directives of this Convention, African countries can safeguard their environments and protect the health of their populations from the harmful impacts of hazardous waste.

In Africa, other measures have been implemented to regulate the management and disposal of specific waste. The Abidjan Convention, officially recognised as the Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region, serves as a vital framework designed to tackle a variety of marine and coastal environmental issues, with a significant focus on the growing crisis of plastic pollution.87 This wide-ranging agreement fosters a collaborative approach to the sustainable management of marine resources, highlighting the urgent necessity for legally-binding measures to effectively combat plastic waste and its detrimental effects on marine biodiversity and ecosystems. In response to escalating concerns regarding plastic pollution in coastal regions, the Convention is crucial for addressing the transboundary nature of marine pollution, which often requires collective action and shared responsibilities. Furthermore, the Abidjan Convention encourages member states to develop robust national action plans tailored to their specific environmental challenges, ensuring that these plans include effective strategies for waste management, reduction and recycling.

In addition to promoting national initiatives, the Convention facilitates the exchange of best practices among countries. This collaborative sharing of successful strategies is essential for improving waste management approaches and fostering innovation in combating plastic pollution. By advocating stricter regulatory frameworks and collective action, the Abidjan Convention plays an instrumental role in bolstering the global fight against plastic pollution, particularly in the vulnerable coastal regions of West and Central Africa, which are increasingly exposed to the adverse impacts of improperly-managed plastic waste.

Africa’s nuclear weapon-free zone88 was established by the African Nuclear-Weapon-Free Zone Treaty, also referred to as the Pelindaba Treaty.89 The Treaty effectively prohibits the development, production, testing, stockpiling, acquisition, custody, control, or stationing of nuclear weapons in addition to the radioactive waste disposal ban.90 The treaty also bans treaty parties from attacking any nuclear sites in the zone and mandates that they uphold the strictest physical security guidelines for nuclear materials, facilities and equipment, all of which may only be utilised for peaceful reasons.

It takes the environment into account by requiring state parties to comply with the measures outlined in the Bamako Convention and not to take any action to assist or encourage the dumping of radioactive wastes and other radioactive matter anywhere within the African nuclear weapon-free zone.

One important regional initiative aimed at addressing the burgeoning issue of electronic waste is the African Union’s Electronic Waste Management Plan (EWMP). This comprehensive strategy is designed to tackle the increasing challenges associated with e-waste across the continent, which poses significant risks to both the environment and public health.91 The EWMP encourages member states to establish and enforce national laws and regulations tailored specifically to e-waste management. Such regulatory frameworks are crucial for promoting responsible disposal and effective recycling practices. In addition, the plan emphasises the importance of maximising the recovery of valuable materials found in e-waste, such as metals and rare earth elements, which can contribute to sustainable economic growth. Furthermore, the EWMP advocates the creation of eco-efficient and sustainable business models within the e-waste sector. The plan also underscores the necessity of considering the social implications of e-waste management strategies, ensuring that local contexts and community needs are taken into account. Capacity building is another key component of the EWMP, which aims to enhance knowledge sharing and communication among stakeholders. The EWMP also identifies best practices for recycling e-waste, highlighting the use of innovative, environmentally-friendly technologies.

In November 2019 the African Ministerial Conference on Environment convened and adopted the Durban Declaration, marking a significant milestone as the first comprehensive continent-wide policy dedicated to fostering support for resource recovery and the principles of a circular economy.92 This Declaration aims to significantly mitigate waste production and environmental degradation by promoting practices such as reusing, repairing and recycling materials and products across Africa.

At the sub-regional level, the Environmental Action Plan (EAP) for the years 2020 to 2026 has been developed with considerable backing from the USAID-funded West Africa Biodiversity and Climate Change (WABICC) Project.93 This action plan is crafted to address emerging environmental issues and current trends in management practices. It emphasises the urgent need to confront climate change while conserving the region’s natural capital, which includes essential resources such as forests, wildlife and their habitats, as well as protecting vital soil and water resources. Additionally, the EAP aims to tackle pressing concerns such as pollution, particularly the challenge posed by plastic waste, as well as hazardous chemicals and waste management.

By adhering to the regulations outlined in these frameworks, African nations can significantly reduce the risks associated with hazardous waste, ultimately safeguarding the health of their populations and protecting vital natural resources.

Although effective regulation of waste management is a crucial aspect of environmental protection in Africa and a means of securing the rights of African citizens, the successful implementation of these waste management strategies is often undermined by several challenges, including inadequate waste disposal systems, outdated technological equipment and insufficient management skills in urban areas.94 These deficiencies coexist with weak strategic, institutional and organisational structures, despite the existence of robust legal frameworks.95 Moreover, African nations vary greatly in terms of economic development, institutional capacity and access to environmental resources, creating challenges for uniform practical and policy implementation across diverse regions. Issues such as corruption and a lack of accountability in waste management practices can lead to the misallocation of resources, ineffective service delivery, and poor enforcement of regulations - including those governing the interregional cross-border trade of plastic waste.

In this context, the Bamako Convention, which was established to control and reduce the transboundary movement of hazardous waste, faces significant challenges due to its inconsistent enforcement. This lack of uniformity results in loopholes that permit the ongoing illicit trade of hazardous materials. To effectively address these complex issues, there is a pressing need for stronger regional cooperation, stricter enforcement of existing international agreements, the establishment of enhanced monitoring systems, and comprehensive public awareness campaigns aimed at reducing waste generation and promoting responsible disposal practices.

Joint action thus is essential not only to combat plastic pollution, but also to create a unified market characterised by high environmental standards and legal certainty for businesses operating in the region. This concerted effort can facilitate a more sustainable approach to waste management while fostering economic growth and environmental stewardship across Africa.

To effectively tackle these lingering waste management issues, African nations must also adopt and implement comprehensive waste management policies tailored to the unique challenges they face. Investment in sustainable waste management technologies is crucial, including the development of efficient waste collection and sorting systems.

Following its environmental obligations and commitment, governments and organisations should promote recycling initiatives that engage local communities and create awareness around the importance of reducing waste and recycling. Public education campaigns that highlight the significance of environmental steward-ship are essential in fostering a culture of sustainability. By encouraging individual and collective responsibility for waste generation and disposal, African nations can work towards creating healthier urban environments, protecting public health, and mitigating the impact of waste on the environment. In doing so, they not only address current environmental challenges but also lay the groundwork for a more sustainable future.

3.3.1 Legal and policy measures

African nations came together in Algiers, Algeria, in 1968 to sign the African Convention on the Conservation of Nature and Natural Resources, usually referred to as the Algiers Convention. African leaders, in recognition that soil, water, flora and faunal resources constitute a capital of vital importance to mankind, agreed ‘to harness the natural and human resources of the African continent for the total advancement of our peoples in spheres of human endeavour’.99 In this regard, they adopted the African Convention100 along with a list of protected species (Class A and Class B) in Algiers, Algeria on 15 September 1968. The Algiers Convention superseded the Convention Relative to the Preservation of Fauna and Flora in Their Natural State of 1933 but has been replaced by the 2003 African Convention on Conservation of Nature and Natural Resources (revised), in line with global and regional instruments.

The revised 2003 Convention focuses on three key areas, namely, the conservation and management of protected areas; the preservation of endangered species; and the promotion of sustainable development practices. The stated objective of the Convention is to improve environmental protection; encourage resource conservation and sustainable use; and to harmonise and coordinate policies in various areas in order to achieve development policies and programmes that are socially, economically and ecologically sound.101

The Convention emphasises the need to balance conservation efforts with the social and economic needs of local communities.102 It calls for the establishment of protected areas to safeguard ecosystems and biodiversity, and encourages the sustainable use of natural resources to support economic development. By addressing these issues, the Convention seeks to promote long-term environmental sustainability and ensure the protection of Africa’s natural heritage for future generations.

This important Convention serves as a means to utilise Africa’s abundant natural and human resources for the advancement of its people. The Convention, among other issues, acknowledged the importance of natural resources from an economic, nutritional, scientific, educational, cultural and aesthetic point of view, and escribe the dangers that threaten some of these irreplaceable assets, while also acknowledging that the utilisation of the natural resources must aim at satisfying the needs of man according to the carrying capacity of the environment. Following this, the Convention committed parties and stakeholders to undertake individual and joint action for the conservation, utilisation and development of the natural assets by establishing and maintaining their rational utilisation for the present and future welfare of mankind.

The Phyto-Sanitary Convention for Africa is another important framework that contributes to the conservation of biodiversity and natural resources. It was adopted in 1967, making it one of the earliest legislations on environmental and agricultural protection.103 Plant pests have become increasingly adept at migrating across borders, a phenomenon that is accelerated by climate change, heightened international travel and expanding trade networks.104 These pests quickly adapt to new environments, posing significant challenges to agricultural systems.105 As a result, millions of people are pushed into food insecurity when these pests damage vital crops and disrupt wild vegetation.106 This not only threatens food supplies but also negatively impacts biodiversity and the livelihoods of both commercial and small-holder farmers, many of whom rely on healthy crops for their income and sustenance.107

Plant pests can be controlled once they become established, but doing so is difficult and costly. Proactive alertness and mitigation are essential. Making certain improvements to the African agricultural sector, such as strong pest early warning and surveillance systems, increasing the technical proficiency of phytosanitary staff, and improving the efficiency of phytosanitary infrastructure, will increase crop yields, foster socio-economic growth, and facilitate the sustainable trade of agricultural products both inside and outside Africa. The Phyto-Sanitary Convention for Africa provides a timely opportunity to support the attainment of these goals. While it is possible to manage and control plant pests once they establish themselves, the process can be exceptionally complicated and costly. Therefore, a proactive approach to pest management is critical. The Convention aims to prevent the spread of diseases, insect pests and other threats to plants throughout all of Africa; to get rid of or manage these; and to stop them from spreading to other nearby territories.108 Article III of the Convention makes provision for protective measures.

While this measure is important, the regional partnership to combat harmful pests is challenged by the lack of sophisticated technological know-how and skills for the development of robust early warning systems that can detect and anticipate pest threats before they become widespread, and phytosanitary infrastructure necessary for pest control and management. Implementing effective control measures is often hindered by a lack of resources, knowledge and infrastructure.

Therefore, there is a need to enhance the technical skills and expertise of phytosanitary staff across the continent. Training and education in pest management practices can empower these individuals to better identify and respond to pest outbreaks. Additionally, investing in the efficiency of phytosanitary infrastructure is essential for effective monitoring and control efforts.

The sub-regional Abidjan Convention for Co-operation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region and the Protocol concerning Co-operation in Combating Pollution in Cases of Emergency aims to address the challenges faced by countries in protecting and developing their marine (biodiversity) and coastal environment.109 The Convention recognises the importance of safeguarding this environment for sustainable development, economic growth and the well-being of the region’s population.110 It seeks to promote regional cooperation and coordination among member states to effectively address marine pollution and other environmental threats. According to article 3 of the Convention,111 the West and Central African maritime and coastal environments may be protected by bilateral or multilateral agreements, including regional or sub-regional agreements between the contracting parties in the region, provided that these agreements are compliant with international law and the Convention. To prevent, reduce, combat and control pollution of the Convention area and to ensure sound environmental management of natural resources, the contracting parties shall, individually or jointly, as the case may be, take all appropriate measures in accordance with the provisions of the Convention and its protocols in force to which they are parties.112 They shall comply with its provisions using the best practical means at their disposal and in accordance with their capacities.

The Protocol concerning Co-operation in Combating Pollution in Cases of Emergency, which is part of the Convention, specifically aims at providing a framework for coordinated action and response to pollution incidents in emergencies, and contingency planning. By establishing clear roles and responsibilities, the Convention and Protocol strive to prevent and reduce pollution, improve emergency response capabilities, and promote the rehabilitation and restoration of affected areas. Significantly, the Convention and Protocol also provide a platform for member states to share experiences, achievements and challenges in the implementation of these measures, as well as to explore future prospects for collaboration in protecting and developing the marine and coastal environment of the region. It is also worth noting that many African countries are parties to the UN’s Convention on Biological Diversity (CBD) which provide complementary measures for biodiversity conservation, protection and control.

Other regional initiatives, such as the AU Agenda 2063 and The Great Green Wall, have made significant strides in raising awareness and fostering collaborative efforts for the protection of Africa’s rich biodiversity.

In spite of these legal and policy measures, monitoring, enforcement and governance challenges in implementing biodiversity conventions and initiatives in Africa undermine their effectiveness. Many of these challenges are complex and multifaceted, including weak institutional capacity and coordination; fragmented governance structures across African countries and national implementation authorities; limited capacity; insufficient technical expertise; human resources; and financial support to effectively implement biodiversity conservation; and inadequate political will to pursue long-term environmental sustainability measures.

Addressing the myriad challenges facing biodiversity in Africa necessitates a comprehensive and multifaceted strategy. This strategy should encompass several critical elements, including the fortification of institutions dedicated to environmental protection; the enhancement of law enforcement capabilities to combat poaching and illegal resource exploitation; and the establishment of adequate financing mechanisms to support conservation initiatives.

Furthermore, fostering meaningful stakeholder engagement is paramount, ensuring that local communities, indigenous populations and various interest groups are actively involved in decision-making processes. This participatory approach not only promotes transparency but also enhances the effectiveness of conservation efforts through shared responsibility and local knowledge.

Building robust political will is also essential in the successful outcome of the available frameworks, as it lays the foundation for sustained commitment to biodiversity conservation. African countries must prioritise the integration of biodiversity conservation into broader sustainable development agendas, recognising its intrinsic value and vital role in supporting livelihoods, ecosystems and resilience to climate change. Moreover, the adoption of inclusive governance models is crucial, as these frameworks encourage collaboration across different sectors and levels of government, allowing for the pooling of resources and expertise. Finally, fostering greater regional and international cooperation is imperative for tackling transboundary challenges, sharing best practices, and mobilising collective action towards the preservation of Africa’s rich biodiversity. By embracing these comprehensive strategies, African nations can advance towards a more sustainable and equitable future.