Working with Greenwatch and the Batwa community has been a real privilege, and I only hope the court appreciates their valuable knowledge half as much as we have. Countries across Africa have a wide range of constitutional provisions protecting the environment, not to mention a wealth of indigenous knowledge to learn from, we hope to see an approach taken that can serve the interests of communities across Africa.
Chloe Foster, Student Director, King's Legal Clinic
23 July 2026
King's Legal Clinic intervenes in landmark climate case before the African Court of Human and Peoples' Rights
The amicus curiae brief urges the Court to recognise the links between deforestation, Indigenous peoples' rights and the right to a healthy environment in its Climate Advisory Opinion.
The Human Rights and Environment (HRE) Clinic, part of King’s Legal Clinic, filed the submission on 10 July behalf of Greenwatch and the Kisoro Batwa Community Initiative, both based in Uganda.
While the advisory opinion addresses concerns in relation to states' obligations in relation to climate change, the HRE Clinic's brief focuses on the role of deforestation, the protection of Indigenous peoples' rights with reference to the Batwa forest people, and the growing recognition of the right to a healthy environment in African constitutional and legal systems.
The amicus highlights that Africa is leading in its recognition of the right to a healthy environment in numerous individual constitutions and across all 54 African countries, it argues within this context, the Court should draw a link between the protection of biodiversity with action on climate change.
The submission draws on the experiences of the Batwa community, highlighting the benefits of consulting forest dwellers with knowledge of how best to preserve the forest, as well as the impact environmental degradation can have on Indigenous peoples.
It was researched by a team of students from the Clinic, led by Student Directors Chloe Foster and Natalie Bone, who both played key roles in developing the amicus brief and coordinating student research, and supervised by Sue Willman, working in partnership with Ugandan lawyers at Greenwatch. The submission was drafted by counsel Alex Goodman KC, Margherita Cornaglia and Admas Habteslasie of Landmark Chambers. Dr Leslie-Anne Duvic-Paoli, whose research helped to inform the ICJ on state obligations in respect of climate change, also provided input on the biodiversity aspects.
The submission building upon the Clinic’s previous work with Greenwatch, states that the advisory opinion ‘presents a critical opportunity for the Court to clarify that States hold positive obligations to protect Indigenous communities from environmental harm’.
Key recommendations from the brief argue that states must:
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Integrate traditional knowledge into climate strategies
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Have positive obligations to recognise Indigenous stewardship
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Have targeted measures to prevent and remedy disproportionate harms to Indigenous peoples
This submission signifies the urgent need for African States to shift from merely recognising Indigenous communities as vulnerable groups to affirming them as rights holders, custodians of invaluable knowledge, and equal partners in shaping climate solutions. We hope the Court will seize this opportunity to strengthen the protection of Indigenous peoples’ rights and set a precedent for climate action across Africa that is inclusive, just, and firmly rooted in human rights.
Judith Nansubuga, Lawyer, Greenwatch
It is hoped that the Court's advisory opinion will help clarify and strengthen environmental protections and acknowledge protection of Indigenous peoples across Africa, as many African nations will be disproportionately affected and subject to the effects of extreme climate change.
In this story
Assistant Director of King's Legal Clinic and Senior Lecturer in Law (Education)
Reader in Environmental Law