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

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.

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Publication Details

Journal
Laws
Published
2026-03-27
DOI
https://doi.org/10.3390/laws15020022
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

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

Emmanuel Maganaris, Adeline Auffret O’Neil, Indira Boutier
Laws
Environmental law and policy
article

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

Emmanuel Maganaris, Adeline Auffret O’Neil, Indira Boutier
article en

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.

LawsVol. 15(2)
Glasgow Caledonian University (GB), Aix-Marseille Université (FR)
Life in Land
Openalex Percentile: Top 4%
Environmental law and policy
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Greening Human Rights in Africa: The African Court and the Environmental Accountability of States and Corporations — Emmanuel Maganaris, Adeline Auffret O’Neil, et al. · Laws (2026) | TGRS Research Map | TGRS