Mainstreaming the Gender Dimension of Climate Change under the African Commission on Human and Peoples’ Rights Mandates: Appraising State Reporting Guidelines and State Reports

Abstract

The African Commission on Human and Peoples' Rights (African
Commission) is one of the African Union's (AU) main human rights organs,
charged for promoting, protecting, and interpreting the rights guaranteed
under the African Charter on Human and Peoples' Rights. The African
Commission has also been tasked with reviewing state reports on the
implementation status of the African Charter and the Protocol to the African
Charter on the Rights of Women in Africa (Maputo Protocol). This article
examines the extent to which African Commission state reporting guidelines
and state reports submitted to the African Commission depict the impacts of
climate change on women's rights. The study used the doctrinal and qualitative
research approach. Although African women suffer differently and
disproportionately as a result of climate change, the African Charter and
Maputo Protocol do not specifically acknowledge the impact of climate change
on women's rights. The African Commission is empowered to close such
disparities through soft power methods such as issuing resolutions and
guidelines, reviewing state reports, and entertaining cases. The article analyses
state reporting guidelines, state reports, and the African Commission's
concluding observations and recommendations demonstrates that both states
and the Commission do not appropriately account for the adverse impacts of
climate change on women's rights. The study also reveals potential ways for
integrating climate change and women's rights into state reporting guidelines
and state reports.