Faculty of Law
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Item Open Access The Interface Between Loss and Damage, Vulnerability and Human Rights in Africa.(Kabale University, 2024) Kabaseke, Charlotte; Odaghara, Chidinma Therese; Ashukem, Jean-Claude N.This article assesses the intersectionality between vulnerability and impact that arise from losses and damages during climate change, in order to highlight the impact that climate change has on human rights in the context of loss and damage in Africa. It further interrogates the adequacy of climate change law in providing solutions to losses and damages and proposes the application of a human rights-based approach as the solution. The article concludes with possible recommendations on how best to improve ways of ensuring that human rights are placed at the centre of seeking solutions to climate change induced losses and damages.Item Open Access Gender Responsive Climate Financing as a Strategy to Climate Change Mitigation and Adaptation: a Legal Analysis.(Kabale University, 2023) Kabaseke, CharlotteWomen have been noted to be key contributors in seeking strategies to mitigation and adaptation in respect to climate change. Research has acknowledged that due to women’s socially constructed gender roles, enhancing their access to economic and social resources is a key contributor to the promotion of better mitigation and adaptation outcomes. It has, however, been observed that despite this realization, climate finances are usually unequally distributed and with unequal participation of men and women during the distribution or consideration for distribution. The available research has, however, not adequately analyzed the role of law in ensuring that equal distribution is achieved. It is therefore important for the barriers against women’s equal access to climate finance to be eliminated, from a legal perspective. Although various strategies have been developed for ensuring the realization of climate finance, there is need to legally strengthen the financing through more gender-equitable ways. This article therefore employs the doctrinal research method to analyze the adequacy of the existing climate change legal framework in ensuring equal distribution of climate finance with respect to women. The article also analyzes a few of the non-legal factors that are contributors to the unequal distribution of climate finance. The article concludes that legal recognition of equitable climate finance distribution will go a long way in contributing to the realization of climate change mitigation and adaptation. In addition, the chapter makes recommendations on improved ways of ensuring equitable distribution of climate finance.Item Open Access A rights-based approach to desertification control in pursuit of sustainability in Africa(Routledge, 2023-08-14) Kabaseke , CharlotteDesertification is fast becoming a global threat and has had diverse impacts on the environment as well as on human beings. This has vitiated the enjoyment of human rights, especially for the most vulnerable and affected populations in Africa, including the poor, women, children, indigenous communities and the disabled, among others. Although various efforts have been employed to minimise desertification, employing the rights-based approach is still largely developing. This chapter, therefore, critically analyses the role of a human rights-based approach in desertification control in Africa. It questions whether this approach to addressing desertification is capable of advancing the pursuit of environmental sustainability in Africa. The chapter concludes that the rights-based approach is a vital complement to the environmental-related solutions to desertification control, especially as the effect of desertification on the environment and human rights is undeniable. Ensuring the enjoyment of human rights to a healthy environment will go a long way in curbing the persistent adverse effects of desertification in Africa and accordingly promote sustainability in that regard. The doctrinal method of research is employed to achieve the objective of this chapter.Item Open Access Human Rights and the Environment in Africa Book Human Rights and the Environment in Africa(Routledge, 2023-11-24) Ashukem, Jean-Claude N.; Sama, Semie M.The relationship between human rights and the environment, as evidenced by the 2022 UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, and doctrinal, research to interrogate and provide clarity on how and whether the human rightsbased approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability. The book is divided into thematic clusters, including the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm. This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers, and students in human rights law, environmental studies, political science, ecology and conservation, and development studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.