(2017) 1 African Human Rights Yearbook
39
face. While adults are often limited in their thinking to the short and
medium term, children have displayed an ability to consider the distant
future.57 The best interest of the child also requires ‘consultation with
children through participatory assessments that are systematic, ageappropriate and gender-sensitive.58 The 2030 Agenda for Sustainable
Development, adopted by the United Nations High-level Political
Forum on Sustainable Development in 2015, represents a commitment
by world leaders to ‘strive to provide children and youth with a
nurturing environment for the full realization of their rights and
capabilities’, which, according to the Children in a Changing Climate
Coalition ‘is the strongest acknowledgement to date of the capacity of
children to participate in the processes that shape their world’.59 Under
the African Children’s Rights Charter there is also already a recognition
of the agency of children, through the provision for rights along with
responsibilities, which can only be fulfilled if children are allowed to
participate.60 Along with the non-discrimination clause in the
Children’s Charter, there is thus provision in the African human rights
context for children to participate, also in decisions related to climate
change. The concern, as already touched on above, is in the extent to
which they are in practice provided with the resources, knowledge and
opportunity to do so. A UNICEF project in Philippines has
demonstrated that when children are equipped with the necessary
skills, and have access to ‘child-friendly and language-appropriate
information [and] mechanisms for their meaningful participation in
decision making’ they are able to make meaningful contributions’.61
Such conducive environments are not often created for children to
voice their opinions in public fora.
4
CONCLUSION AND RECOMMENDATIONS
Having looked at the social and economic circumstances of children in
Africa in the context of a changing climate, and considering the legal
means through which the vulnerability of children in particular, and
girl children specifically (created by the intersectionality of sex, age and
poverty) could potentially be addressed, it is concluded that the African
human rights system, particularly when the African Women’s Rights
Protocol is read in conjunction with the Children’s Charter, largely
provides adequate legal protection to the African child in a climate
change context. The right to education, participation, freedom from
exploitation and even rights during migration are for the most part very
57
Children in a Changing Climate Coalition (n 16 above) 2.
United Nations High Commissioner for Refugees (UNHCR) ‘Guidelines on
determining the best interests of the child’ (2008) 20, 23.
59
Children in a changing climate coalition ‘Child-centred adaptation: Realising
children’s rights in a changing climate’ (2015) 11; Sustainable Development Knowledge
Platform ‘Transforming our world: the 2030 Agenda for Sustainable Development’
https://sustainabledevelopment.un.org/post2015/transformingourworld
(accessed
17 October 2016).
60
Article 31 of the African Children’s Charter.
61
UNICEF (n 11 above) 7.
58