Africa

Judicial systems are becoming key players in climate action. Credit: UNDP

By Kanni Wignaraja
UNITED NATIONS, Jan 13 2025 (IPS)

Nature is taking the stand as courtrooms worldwide become battlegrounds for Earth’s rights. The rise in climate litigation shows how the environment can take centre stage as a plaintiff, demanding justice and accountability, benefiting us all.

On 23 October 2024, India’s Supreme Court declared a pollution-free environment a fundamental right, underscoring the government’s duty to provide clean air and water. In April 2024, the European Court of Human Rights ruled against the Swiss State for inadequate climate action, affirming climate change as a human rights issue.

Since 2017, climate change court cases have surged, particularly in the US, but increasingly worldwide. Cases tripled from 884 in 2017 to 2,540 in 2023, with about 17 percent now occurring in developing countries, including small island developing states. The legal landscape is evolving, with significant rulings in Asia and the Pacific driving change. This is an area where UNDP is providing crucial support.

Kanni Wignaraja

Early and groundbreaking work

For an example of climate justice pioneering, we can turn to 2010 to India’s National Green Tribunal and the Philippines’ Writ of Kalikasan (Kalikasan means Nature in Filipino language). This unique legal instrument – whose design was supported by UNDP – enables citizens to protect environmental rights by filing swift, accessible court petitions addressing ecological damages affecting multiple regions.

It allows immediate judicial intervention to safeguard balanced and healthy ecosystems. For example, it has been used to close dumpsites and illegal landfills, prompt the rehabilitation of Manila Bay, and order the listing of non-environmentally friendly plastic products.

Similarly, courts in Pakistan have adopted a “climate justice” perspective, forming a climate change commission. A notable case involved seven-year-old Rabab Ali, who challenged plans to expand coal production in the Thar desert, focusing on intergenerational equity in climate actions. Pakistan was also one of the main proponents of the Loss and Damage concept, when it was first tabled.

What are the emerging trends in climate litigation we are seeing now?

Following the landmark Paris Agreement in 2015, activists and citizens worldwide are increasingly turning to courts for climate solutions, spurring innovative legal approaches and rethinking what climate justice means. Key trends include:

Human rights-related to environmental assets and protections: Courts are recognizing the connection between climate change and human rights, boosting protections and accountability. Many courts now interpret constitutional rights to include environmental protections.

Intergenerational equity: Cases by youth emphasize the unequal impact of climate change on future generations and how climate justice is one of the main advocacy issues for youth worldwide.

Corporate accountability: Courts extending climate obligations to businesses.

Innovative legal concepts: New principles like “water justice” and recognizing nature’s legal rights are gaining traction, for example trees as living beings.

“Activists and citizens worldwide are increasingly turning to courts for climate solutions, spurring innovative legal approaches and rethinking what climate justice means.”

Thanks to the leading role of the Pacific Island State of Vanuatu at the UN General Assembly, now the International Court of Justice is hearing a landmark case on climate justice – its largest case ever – to determine what countries and companies are obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions; and to determine the legal consequences for governments, where their acts or lack of action have significantly harmed the climate and environment.

The court’s advisory opinion can be expected to influence climate-related legal action and policy for decades to come.  These legal advances compel the public and private sectors to consider and define more ambitious climate goals, offering citizens and activists new paths to enforce accountability.

What’s next for UNDP?

For UNDP, this is not only an area that requires urgent action but also a natural point of thematic convergence that brings together two of our areas of expertise: climate action and governance. UNDP is actively supporting courts in tackling these novel cases.

For example, our global strategy for environmental justice (2022) aims to increase accountability and protection of environmental rights for current and future generations, as well as promote environmental rule of law. The strategy is based on a three-pronged approach: establishing enabling legal frameworks: supporting people-centred, effective institutions; and increasing access to justice and legal empowerment.

UNDP’s Nature Pledge has a key target of strengthening environmental justice frameworks in 50 countries. This is yielding concrete results. For example, in Thailand, UNDP partnered with the Judicial Training Institute for Climate Justice training, equipping judges with climate impact insights.

By supporting innovative legal concepts, we help justice actors advocate for new legal principles like “water justice,” aiding courts in novel environmental cases. UNDP has also supported ASEAN countries with an Environmental Justice Needs Assessment.

Through its Justice Futures CoLab, UNDP advances the right to a healthy environment and addresses injustices, supporting courts in climate justice efforts. Judicial systems are becoming key players in climate action, with the potential to address issues of climate migration, Indigenous rights, financing and extreme weather liabilities.

Climate justice will also be a critical factor under the proposed loss and damage mechanism, where UNDP, with national and international partners, supports countries with taxonomy, valuation of natural assets, damage assessments and strengthen the capacities of the courts to hear and manage these cases. Social awareness and citizens’ participation on issues of climate justice is another line of engagement.

As our climate and nature related “events” intensify, so will this trend towards seeking justice, legal and financial recourse. Ensure the systems and people involved are well prepared and discerning in this relatively new arena will serve everyone, including the environment as plaintiff in the midst of it all.

Kanni Wignaraja is UN Assistant Secretary-General and UNDP Regional Director for Asia and the Pacific

Source UNDP

IPS UN Bureau

 

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Pop singer and education activist Shehzad Roy plays chess with Malala Yousafzai. Courtesy: Shehzad Roy

By Zofeen Ebrahim
KARACHI, Pakistan, Jan 13 2025 (IPS)

“She was at her brilliant best, speaking fearlessly and boldly about the treatment of women by the Afghan Taliban, robbing an entire generation of girls their future, and how they want to erase them from society,” said educationist and one of the speakers, Baela Raza Jamil, referring to the speech by Nobel Laureate and education activist Malala Yousafzai.

Jamil heads Idara-e-Taleem-o-Aagahi, an organization promoting progressive education.

Malala addressed the second day of a two-day international conference organized by the Pakistan Ministry of Federal Education and Professional Training (MoFE&PT) on January 11 and 12, to discuss the challenges and opportunities for girls’ education in Muslim communities.

“They are violators of human rights, and no cultural or religious excuse can justify them,” said Malala. “Let’s not legitimize them.”

Pop singer and education activist Shehzad Roy was equally impressed.

Roy said, “When she speaks, she speaks from the heart.”

It has been a little over three years since the Taliban banned secondary education for girls in Afghanistan on September 17, shortly after their return to power in August 2021. In 2022, the Taliban put a ban on women studying in colleges, and then in December 2024, this was extended to include women studying nursing, midwifery and dentistry.

In October 2012, at 15, Malala survived a Taliban assassination attempt for advocating girls’ education in Mingora, Pakistan. She was flown to England for treatment and has since settled there with her family while facing continued Taliban threats.

Dr. Pervez Hoodbhoy, a university professor and columnist, acknowledged that the treatment of girls and women in Afghanistan was essentially “primitive and barbaric,” but emphasized that “before the Pakistani government takes on the mantle of being their [Afghan women’s] liberator, there are laws relating to women (in Pakistan) that need to be changed and anti-women practices that need to be dismantled.”

Syani Saheliyan project, which helped nearly 50,000 adolescent girls by providing academic, life skills, vocational training, and technology-driven support to reintegrate Courtesy: Idara-e-Taleem-o-Aagahi

Dismantling many of the colonial laws and legal systems that perpetuate gender inequality at both personal and societal levels was also pointed out by Jamil, who spoke about the important role women can play in peacebuilding. But that was only possible, she said, when society can promote education and lifelong learning without discrimination.

“In Malala, we have a living example of a contemporary young student’s lived experience of responding to deadly violence by becoming a unique peacebuilder,” said Jamil in her speech to the conference.

This high-profile conference deliberately kept low-key till the last minute for “security reasons gathered 150 delegates, including ministers, ambassadors, scholars, and representatives from 44 Muslim and allied countries, as well as international organizations like UNESCO, UNICEF, the World Bank, and the Saudi-funded Muslim World League.

Hoodbhoy, however, said the summit was “solely purposed to break Pakistan’s isolation with the rest of the world and shore up a wobbly government desperate for legitimacy.”

While some Indian organizations were represented, Afghanistan, despite being invited, was conspicuously absent.

This did not go unnoticed.

“The silence of the Taliban, the world’s worst offender when it comes to girls’ education, was deafening,” pointed out Michael Kugelman, director of the Washington D.C.-based Wilson Center’s South Asia Institute. Given the strained relationship between Pakistan and Afghanistan, he said the former may have wanted this conference to bring attention to the Taliban’s horrific record on girls’ education.

“And it has succeeded, to a degree, especially with an iconic figure like Malala using the conference as a platform to condemn gender apartheid in Afghanistan under the Taliban.”

Yusafzai was glad that the conference was taking place in Pakistan. “Because there is still a tremendous amount of work that is ahead of us, so that every Pakistani girl can have access to her education,” she said, referring to the 12 million out-of-school girls.

Kugelman credited Pakistan as the host for not trying “to hide its own failures” on the education front. “It was important that Prime Minister Sharif acknowledged the abysmal state of girls’ education in Pakistan in his conference speech,” he said.

With 26 million out-of-school children in Pakistan, 53 percent of whom are girls, the summit seemed to be in line with Prime Minister Shehbaz Sharif’s declaration of an education emergency in Pakistan last year, vowing to “bring them [unschooled children] back to school.”

“The PM is rightly worried about out-of-school kids, but I’m more worried about those who complete ten years of education and fail to develop critical thinking,” said Roy, commenting on the summit. The pop singer has been a very vocal education activist for over two decades.

Hoodbhoy had similar thoughts. “Had there been serious intent to educate girl children, the more effective and far cheaper strategies would be to make coeducation compulsory at the primary and early secondary levels to increase school availability and design curriculum to educate and inform girls (and boys) rather than simply brainwash,” he said.

Pop singer and education activist Shehzad Roy is concerned with the quality of education. Courtesy: Shehzad Roy

Roy stated that Yousafzai has consistently emphasized the importance of quality education. With just 150 government training institutions in Pakistan, he said there was an urgent need for reform through public-private partnerships. He also noted that many private schools hire unqualified teachers and advocated for a teaching license, like medical licenses.

Since forming the Zindagi Trust in 2003, Roy has been advocating for better quality education in public schools. He has also adopted two government girl’s schools in Karachi and turned them around, providing meals to nursery children and teaching chess and musical instruments, both unheard of in public schools, especially for girls.

The Prime Minister acknowledged that enrolling 26 million students in school was a challenging task, with “inadequate infrastructure, safety concerns, as well as deeply entrenched societal norms” acting as barriers, and stated that the real challenge was the “will” to do it.

For 34 years, Jamil has raised questions about the design and process of education in Pakistan through annual reports. She believes that bringing 26 million children back to school is less challenging than ensuring “foundational learning” for those already enrolled. “Forty-five percent of children aged 5-16 fail in reading, comprehension, and arithmetic,” she told IPS. Along with improved funding and well-equipped school infrastructure, Jamil was also concerned about what she termed a runaway population.

Lamenting on a “lack of imagination to solve the education crisis” within the government, she said there was potential to achieve so much more. Jamil’s own organisation’s 2018 Syani Saheliyan project helped nearly 50,000 adolescent girls (ages 9-19) in South Punjab who had dropped out of school. It provided academics, life skills, vocational training, and technology-driven support to reintegrate them into education. The project was recognized by HundrEd Innovation in 2023.

Even Dr. Fozia Parveen, assistant professor at Aga Khan University’s Institute for Educational Development, would like the government to think outside the box and find a “middle ground” by including local wisdom in modern education.

“Instead of western-led education in an already colonial education system, perhaps a more grassroots approach using local methods of education can be looked into,” she suggested, adding: “There is so much local wisdom and knowledge that we will lose if we continue to be inspired by and adopt foreign systems. An education that is localized with all modern forms and technologies is necessary for keeping up with the world,” she said.

Further, Parveen, who looks at environmental and climate education, said “more skill-based learning would be needed in the times to come, which would require updated curriculum and teachers that are capacitated to foster those skills.”

The two-day International Conference on Girls’ Education in Muslim Communities ended with the signing of the Islamabad Declaration, recognizing education as a fundamental right protected by divine laws, Islamic teachings, international charters, and national constitutions. Muslim leaders pledged to ensure girls’ right to education, “without limitations” and “free from restrictive conditions,” in line with Sharia. The declaration highlighted girls’ education as a religious and societal necessity, key to empowerment, stable families, and global peace, while addressing extremism and violence.

It condemned extremist ideologies, fatwas, and cultural norms hindering girls’ education and perpetuating societal biases. Leaders committed to offering scholarships for girls affected by poverty and conflict and developing programs for those with special needs to ensure inclusivity.

The declaration concluded by affirming “it will not be a temporary appeal, an empty declaration, or simply a symbolic stance. Rather, it will represent a qualitative transformation in advocating for girls’ education—bringing prosperity to every deprived girl and to every community in dire need of the contributions of both
its sons and daughters equally”.

A permanent committee was urged to oversee the implementation of these outcomes.

IPS UN Bureau Report

 

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Woodlands in nearly every forested country face threats from climate-change-driven fires and deforestation pressures fueled by economic interests exploiting natural resources. Credit: Imran Schah/IPS

By Agus Justianto
BANTEN, Indonesia, Jan 10 2025 (IPS)

In Indonesia’s forests today, we can breathe a sigh of relief. At the conclusion of our dry season, during a time when climate change impacts are increasing in frequency and severity, there were no giant fires with plumes of smoke choking our region.

Tragically, forest fires have been burning elsewhere with increasing intensity, in the Amazon and even in New York City, as unprecedented droughts plague forests across the globe.

Indonesia was the first tropical forest nation to launch its tracking system, and only Ghana tracks its timber at a similar scale. It is one of the first steps required of countries that export timber to UK and EU markets, and ensures that our timber products, including furniture and paper, have been sustainably sourced and comply with all our legal requirements

The rise in global deforestation continues to be a focus of attention. But in Indonesia, which contains the third largest extant of tropical rainforest, the deforestation rates are still below the peak rates from 8-10 years ago despite climate impacts like El Nino systems and the continuing threat of large fires.

The importance of Indonesia’s progress is diminished if it remains unique. Woodlands in most every forested country remain vulnerable, to both climate-change-fueled fires as well as deforestation pressures from economic interests seeking to exploit the natural resources that forest lands contain.

Scientists have calculated that almost one half of all emissions from burning fossil fuels were absorbed by the world’s forests over the past three decades. The world is getting a better understanding of just how important forests are in the global fight against climate change.

Our experience starts with something that, though it may seem basic, too many countries suffer from: the need to stop criminal enterprises from decimating forests. Globally, illegal logging and other forest crimes generate an estimated US$100 billion annually—almost as much as governments provide for development assistance every year.

In 2011, about 80% of Indonesia’s timber exports were considered illegal, produced in violation of Indonesia’s own laws. That was a watershed moment, one that launched us on a path to manage our forests more sustainably.

We started first by instituting a temporary moratorium on new logging concessions in 2011 that became permanent in 2019. We then implemented a new system (called SVLK) that traces the route taken by every timber product for export, back to the forest where it was initially harvested.

Today, 80% of the production from primary productive forests are now certified for sustainability and all timber exports come from independently audited factories and forests, even those meant for markets beyond the UK and the EU which do not require such a system.

Indonesia was the first tropical forest nation to launch its tracking system, and only Ghana tracks its timber at a similar scale. It is one of the first steps required of countries that export timber to UK and EU markets, and ensures that our timber products, including furniture and paper, have been sustainably sourced and comply with all our legal requirements.

Strong forest governance has increased the value of national timber exports, and revenues are no longer lost to black market operations. Indonesia has seen a 19% increase in the value of timber exports to the EU, to about USD 1.4 billion, since the tracking system came online and exports to UK and EU began in 2016.

Access to UK and EU markets would not be possible without programs that work with Indigenous Peoples and respect their rights to manage their forests.

Our tracking system provides reports showing that the production of each shipment of timber for export complies with respect for their rights. Our support and collaboration with small- and medium-sized enterprises has increased business and trade with forest-dependent communities, providing markets for their bamboo, timber, wild foods, essential oil and spices.

This embrace of sustainability and respect for Indigenous rights, along with the rejection of criminal enterprises, can be embraced in any forest around the world.

The UK government in particular has been instrumental in supporting the implementation of these safeguards; its long-term support over the past two decades to forestry stakeholders in Indonesia through the Forest Governance, Markets and Climate programme helped put in place the new national system, enabling local communities to monitor against forest crime and strengthen management practices.

We look and see similar efforts growing in Liberia and Cameroon in particular as being worthy of continued support; they have made tremendous strides in combatting illegal enterprises and recognizing community rights. The many steps needed to meet the requirements of UK and EU markets are important but also require consistent funding and resources that can be difficult to locate during economic downturns in particular.

Effective management of the forestry sector requires an embrace of partnerships—with every community and entity participating in the supply chain as well as every market and each requirement for sustainability and transparency.

We appreciate our new ten-year partnership with the UK that was just finalized and hope that the UK can establish new partnerships with other nations. If you build these partnerships, the benefits extend beyond profitability; society receives greater stability, greater trade, and positive benefits for the climate.

Agus Justianto, PhD, is Vice Chairman of Indonesia FOLU Net Sink 2030 and Chairman of International Peatland Center.

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Oliver Chinganya, Director, Africa Center for Statistics. Credit: Busani Bafana/IPS

By Busani Bafana
ADDIS ABABA, Jan 10 2025 (IPS)

That one in three Africans will not be counted as countries failing to meet census deadlines is a huge setback for development planning.

With the 2030 deadline for achieving the Sustainable Development Goals (SDGs) looming, research reveals that Africa lags behind in meeting the crucial goals. A further challenge is that many African countries do not have accurate information about the socio-economic needs of their populations to better plan for development programs.

But there’s a way forward: investing in robust data and statistical systems, says Oliver Chinganya, Director of the Africa Center for Statistics (ACS) and Chief Statistician of the UN Economic Commission for Africa.

African governments speak of the importance of data, yet the investment often falls short, Chinganya tells IPS. He underscores the urgency, pointing to Africa’s uneven participation in the UN-led census rounds since 1990. He warned that 376 million people risked not being counted if more countries did not participate in the census.

“Accurate and credible statistics are the ‘new oil’ that will boost national economic growth by helping governments to improve on their SDG targets as they can plan better in allocating development spending while keeping track of what they have achieved,” Chinganya told IPS.

Without accurate data and statistics, development planning is difficult for many African countries, who are forced to rely on statistics not generated from and by the continent, he said.

At the SDGs Summit in 2023, the UN launched The Power of Data to unlock the Data Dividend as one of the 12 high-impact initiatives to help scale up the SDGs. African governments committed to investing 0.15 percent of their national budgets in the statistics sector but few countries have followed this through.

IPS spoke with Chinganya, following the 11th meeting of the Forum on African Statistical Development (FASDEV), an initiative of the Economic Commission for Africa (ECA), which fosters connections among countries, partners and institutions that support statistical development.

Excerpts:

IPS: What are we really talking about when we mention data and statistics and why are they important in Africa’s development?

Oliver Chinganya: Data and statistics are very important; they are used for planning at different levels. It is not just the government that requires data these days but everyone. Before you go to the market to buy whatever you want, you always need data first of all for you to make decisions before buying—how much they cost and what you would require for these things to be brought home.

At the government level, similar decisions that you make at the household level are being made where the government is asking questions about what we need to plan for us to be able to develop. For instance, how many schools do we need, and what kind of curriculum do we need to put in place? What kind of roads do we need? What kind of production systems are required in the country? Different data and statistics are required to be able to inform decisions.

Statistics provide evidence for policies. They help establish goals, identify needs, and monitor progress. It is impossible to learn from mistakes and hold policymakers accountable without good statistics.

Good statistics are crucial for managing the delivery of basic services efficiently and effectively, and they play a crucial role in improving transparency and accountability. Statistics contribute to development progress, not just as a monitoring tool but also as a tool for driving the outcomes measured by the statistics. In terms of national development, statistics play a very important role.

IPS: How would you describe the state of statistics in Africa?

Chinganya: When one asks about the status of statistics on the continent, it’s a mixed bag, given that some countries are really making very good progress and some are not. For instance, in the 2020 round of population census, 39 African countries conducted their censuses. The rest of them were not able to conduct their censuses and by December 2024, one in three people had still not been counted on the continent. This is unfortunate and it has implications for service delivery and development.

At present, we have countries that have not been able to modernize their statistical systems. One of our main focuses right now is to see how we can help countries modernize and transform their national statistical systems. This means moving away from the traditional way of collecting data using paper-based systems to modernizing data collection using gadgets like tablets and mobile phones. We are helping countries to modernize and transform their national statistical systems. But even with that, a number of countries are experiencing challenges moving towards the process of establishing and using modernized systems. The biggest challenge is access to technology. Technology is driven by energy. Without energy, you cannot have efficient, technologically driven systems in a country. Having access to efficient Internet services allows countries to collect information using gadgets.

IPS: What achievements have been made and what challenges have been encountered?

Chinganya: African countries have made some really good progress in undertaking population censuses. In past census rounds, countries were taking two to five years to collect and disseminate the data, but with modernised systems, this has been reduced to 45 days in some of the countries. This is a big milestone.

ECA has introduced a statistical leadership program, which has led to changes across the continent. In this program, statisticians are kept abreast and introduced to ways of managing statistical systems, thus building their capacities across the board.

The outbreak of the coronavirus disease (COVID-19) exposed the vulnerability of African national statistical systems both in their routine operations and, more particularly, in their data collection activities in the field. To respond to these challenges, ECA has enhanced the capacity of and has provided technical support to the Member States in producing and disseminating harmonized and comparable economic statistics and national accounts, following the international statistical standards.

IPS: What needs to be done to help those countries that have failed to conduct censuses, which you say will impact the SDGs?

Chinganya: For countries that have progressed toward the SDGs, they need support to accelerate their progress so that by 2030 they can attain those SDGs.

Governments must invest a little more in data and statistics. They should not wait for others, including development partners, to do it for them. This is their data. All governments acknowledge the importance of data. But if it is important, then they must put value on that which is important. What is required are resources, prioritizing, and ensuring that data and statistics are part of the national development processes by developing a national strategy for statistics.

IPS: The ECA has developed a roadmap for the transformation and modernization of official statistics in Africa for the period 2023 to 2030. What progress has been made in implementing this?

Chinganya: We have made a lot of progress. For instance, during the 2020 census round, countries used tablets to collect the data. That is modernizing. In other words, moving away from traditional ways of collecting data.

In addition, through the Consumer Price Index, data collectors can go online and look at the prices of consumer goods or go to supermarkets and scan the data. That is part of the modernization. Furthermore, countries are now using what we call administrative data. That is part of modernizing systems. The records at health centers or in hospitals are now being transformed into digital forms so that they can be collected digitally.

IPS UN Bureau Report

 

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