(2017) 1 African Human Rights Yearbook 33 way’ to fulfil the best interest of the child ‘to the maximum extent possible’.42 Thus for example, based on the already manifesting and projected ramifications of climate change, the fact that all states to a greater or lesser extent contribute to climate change,43 and the positive duty implied by the best interest of the child, states may have a legal obligation under the African Children’s Rights Charter to mitigate climate change. When the best interest of the child principle is read in conjunction or as interpretative principle in the context of other rights in the African Children’s Rights Charter and the African Women’s Rights Protocol, it may provide a strong legal basis for climate change mitigation and adaptation duties on states. There are also international and regional soft law instruments which, while not enforceable, have some strength in encouraging states to adopt certain patterns of behaviour. In this regard, the current development policy at the level of the African Union, Agenda 2063, has two aspirations that are of relevance here: the first Aspiration is to build ‘a prosperous Africa based on inclusive growth and sustainable development’, which includes addressing climate change by ‘prioritizing adaptation in all our actions, drawing upon skills of diverse disciplines’ and Aspiration six which recognises the significance of the youth and the need to put children first.44 While these two Aspirations as such do not speak to each other directly, the fact that both climate change and the best interest of the child are central to its implementation, means that states in adopting the Agenda 2063 have taken note of their responsibilities in this regard. Nonetheless, there is no clear recognition of the interrelatedness of the best interest of the child with sustainable development and the holistic approach that is required in this regard. The AU has also adopted a Draft Strategy on Climate Change in 2014 in order to provide a framework for Member States to address ‘the challenges and opportunities associated with climate change in the continent’ through poverty alleviation and sustainable development.45 Finally, with the adoption of the Paris Agreement in December 2015, states made the strongest human rights commitment yet in respect of climate change, through affirming that ‘Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity’. While none of these soft law instruments and guidelines are binding on states, they show a certain consensus and commitment on the side of states to address issues of common concern in the manner in which they set out, 42 M Mauras ‘Public policies and child rights: entering the third decade of the Convention on the Rights of the Child’ (2011) 633 Annals 53. 43 As recognised in the reference to ‘common but differentiated duties’ in the Paris Agreement of 2015, which has to date been ratified by 45 African States. 44 African Union Agenda 2063 (2014) 3, 4, 9. 45 African Union (n 44 above) 16.