In a major step toward climate governance, African lawmakers and experts have validated the Model Climate Change Law for Africa at a high-level workshop in Abuja, Nigeria. Organized by AGNES in partnership with the Africa Network of Parliamentarians on Climate Change (ANPCC), the National Institute for Legislative and Democratic Studies (NILDS), and other stakeholders, the workshop finalized the draft law, paving the way for its adoption by African parliaments to strengthen climate action across the continent.
Validation of the Model Climate Change Law
Africa has very few stand-alone climate change legislation with less than ten (10) countries having such a law. Most African countries rely on Ministerial Decrees, policy documents and ratified international instruments to coordinate climate action within their jurisdictions. Others, such as Ghana, Tanzania and the Democratic Republic of Congo, have opted for a conventional method by incorporating climate change provisions within their existing environmental legal frameworks. Countries with stand-alone climate change legislation include Kenya (2016), Benin (2018), Mauritius (2020), Uganda, Nigeria, Gabon (2021), South Africa and Zambia (2024). Answering the call from the Parliamentarians, AGNES, in partnership with Thomson Reuters Foundation and other partner law firms from across the globe analysed existing climate change, environmental and natural resources laws, policies and communications to identify best practices. These best practices identified informed the development of a draft Model Climate Change Law for Africa, tailored to key conversations in the African context (and the Global South at large).
The Validation workshop brought together Members of Parliament, Parliamentary Staff, experts from Inter-Governmental Organisations (UNEP, UNFCCC & UNDP) as well as lawyers, legal officers and legislative drafters with the intention of reviewing and validating the Model Climate Change Law. The participants shared their experiences in legislation making, putting the Law’s roadmap and next steps in an informed perspective incorporating best practices from their lived and professional experiences.
Why a law? Why not a policy or plan?
The IPCC called for countries to review and develop robust legal frameworks on climate change due to the role law plays in climate action—hence the decision on Model climate Law. This was done through its Sixth Assessment Report (AR6) that outlined more reasons to development of a climate model law including; enhancing government coordination of climate action; supporting climate finance and fostering adaptive responses to climate change.
Furthermore, following a series of regional Parliamentary meetings held across Africa, Parliamentarians expressed that they have inadequate capacity to develop robust climate change legislation. They called upon AGNES to not only enhance their capacity on climate change issues but also develop a Model Climate Change Law for Africa with best practices from across the continent and the world at large. This would go a long way in guiding their legislative process as more African countries resolve to formulate climate change laws.
Salient Elements of the Law
The Law’s salient elements, which speak to the MPs’ needs and guidance from UNFCCC as well as IPCC’s modalities, rules and guidelines, include:
1. Objects and Principles of the Law
This element of the Law outlines the principles and objects of the Law which shall guide stakeholders when undertaking climate action, interpreting the provisions of this Law or performing any other climate-related initiatives. The principles include the precautionary principle, the prevention principle, and the principle of common but differentiated responsibilities and respective capacities. The objects of the Law include providing a solid policy coordination and institutional framework as well as provide for climate finance.
2. Policy, Coordination and Institutional Frameworks
This segment of the Law provides a robust framework (adjustable to the respective countries institutional regimes) on climate policy coordination as well as establishing institutions with mandates of implementation of climate change policy. The Law further provides for Climate Budget Tagging as a coordination mechanism for valuating the amount and expenditure of climate finance by Government towards climate action.
3. National Climate Change Responses
The Law further provides a guiding framework for the development and communication of national climate change responses such as National Adaptation Plans, Nationally Determined Contributions and Long-Term Low Emissions Development Strategies including preferable components that are contained in these documents.
4. Carbon Markets and Trading
Following Africa’s increased participation in carbon markets and trading, this Model Law provides a best practice framework for conducting carbon trading in Africa including the best institutional arrangements, project requirements, benefit-sharing mechanisms, and methodologies for measurement, reporting, and verification of mitigation outcomes from carbon projects.
5. Climate Finance
Climate finance, as indicated in AR6, has been a challenge for African countries that may be supported by climate change legislation. The Model Climate Change Law provides best practices on sustainable climate financing, record keeping, and the use of climate finance for climate action. The law further provides for auditing of climate finance to ensure accountability and transparency.
6. Enhanced Transparency Framework
This element of the Law speaks to the Monitoring, Evaluation and Learning of Adaptation action, Measurement, Reporting and Validation of Mitigation outcomes and National Communications of the country to the relevant institutions and international mechanisms such as the UNFCCC. Moreover, the Law provides a guiding framework for the development and communication of the Biennial Transparency Report required under the Paris Agreement as transparency mechanism that may be adopted by countries.
7. Public Participation
Finally, the Model Climate Change Law entrenches the principle of public participation, providing various channels and avenues through which the public and private sector can contribute to the State’s climate change commitments and objectives. The Law further ensures access to climate information by the public through climate fora, notices and access to registries maintained by the Government’s institutions.
With the final draft now validated, the next crucial steps include its review by the Africa Network of Parliamentarians on Climate Change (ANPCC) and the Pan-African Parliament Permanent Committee on Environment, Agriculture, Rural Development, and Natural Resources. Additionally, the Model Climate Change Law for Africa, along with a Best Practices Report, will be published and presented for consideration and adoption by national and regional parliaments across the continent. This milestone marks a significant push toward a unified legislative framework, empowering African nations to strengthen climate resilience.
