A Model Law on Climate Change adopted. What is next?

On July 3, 2024, the Pan African Parliamentarians during their third ordinary sitting in Johannesburg, South Africa adopted the climate change Model law which is expected to guide legislation at national levels. 

The Model Law on Climate Change was developed by the committee on rural economy, agriculture, environment and natural resources and the latter took into account the diverse legal traditions within the African Continent. 

The process of developing the model law on climate change was initiated a few years back to provide a legal framework which would introduce measures that would deal with the impact of climate change in Africa. 

Model law refers to a standardized set of legislation that is suggested for adoption by a legislative body. The goal of model law is to create a framework that allows legislative bodies to maintain consistency in their governance, organization, and management. This in turn helps institutions to operate smoothly and fulfill their responsibilities effectively. 

When adopting a model law, a legislative body has the right to make necessary modifications to meet its specific local needs. Model laws provide a suitable means for national governments to harmonize, modernize, and standardize their legislation. It is expected that national governments will adapt the model laws to accommodate varying local requirements from country to country, recognizing that strict uniformity may not be desirable. 

This means that if a state adopts the model law, then it becomes a statutory law of that state. The purpose of developing model laws by the ACLI is to attempt to standardize all states on climate change. 

During the debates, Dr Mithika Mwenda, Executive Director at PACJA, emphasized the importance of implementing climate treaties and protocols.   

In his presentation which focused on climate action and the role of parliamentarians and how they could turn policies into Laws, and African & Global discourse processes, he highlighted the crucial role of parliamentarians in the climate change agenda, urging them to address issues of equality and justice, particularly for those disproportionately affected by climate change. 

He urged parliamentarians to ensure that national climate policies and plans (NDCs) are effectively implemented and aligned with regional and continental frameworks. They should also collaborate and engage with other stakeholders to advance climate action and resilience in Africa. 

A positive outcome of ACLI   

Pan African Climate Justice Alliance and Pan African Parliament jointly established the  Africa Climate Legislative Initiative (ACLI) as a space where the Parliamentarians of Africa serve in the capacity of a platform that provides a structured framework for coordination between the two entities.  

Through regular collaboration, PACJA and PAP have been jointly planning activities related to legislative work and enhanced interactions between PAP members and other regional legislative assemblies participating in climate change processes. Since its establishment, the Africa Climate Legislative Initiative has strived to advance the harmonization of Climate laws and policies.  

 The recent adoption of model laws including Model Law on Climate Change is the positive outcome of partnership between PAP and other involved stakeholders. The African Climate Legislative Initiatives (ACLI) has been spearheading consultations on the establishment of climate legislation in African countries.  

During the plenary session, the Deputy Chair of the Committee emphasized that after thorough consultations with partners, including PACJA and the African Climate Legislative Initiative (ACLI), the Committee concluded that creating a model law on climate change is crucial for mitigating its impacts. 

He noted that most African countries lack dedicated legislative instruments to address climate change. A PACJA study revealed that only Kenya has enacted a specific climate change law, while other countries address it under broader environmental issues. 

Since ACLI’s establishment, PACJA  has been facilitating and building the capacity of the ACLI by supporting the work of the Pan-African Parliament and other regional legislative bodies. The work has included intensive engagement on policy and practice processes at continental levels, promoting and enhancing parliamentarians’ participation as an important constituency for policy and legislative agenda. The work with ACLI has brought together members of Parliament from National Assemblies and Regional Parliaments across the continent. 

 It is envisioned that parliament members with ACLI will translate policies into laws to enable an environment for implementing the Paris Agreement and Nationally Determined Contributions.  

Read the  Adopted Model Law on Climate Change: Adopted Resolution on the Development of a Model Law on Climate Change for Africa