Despite contributing less than 4% of global GHG emissions, many African countries have displayed laudable efforts to foster climate change adaptation and mitigation. Currently, 49 of the 54 countries have ratified Nationally Determined Contributions (NDCs) to the Paris Agreement. At least one country from each sub-region has enacted regulations to foster climate change (CC) adaptation and mitigation in the continent. The enactment of CC regulation by Kenya, South Africa, Egypt etc, clears the path for creating more robust CC regulatory frameworks by other African countries without substantive CC regulation if built upon.
It is instructive to note that Kenya led the enactment of climate change regulations in Africa. In 2010, Kenya passed a new constitution that gave a legal foundation to numerous Environment, Climate Change, and Land Reforms (ECCLRs) policies and statutes. Then it passed a CC Act in 2016. Between 2016 and till date, several African countries have built on Kenya’s climate regulatory framework and enacted more robust regulations to foster CC adaptation and mitigation in the continent. Examples of such countries include South Africa, Egypt, Nigeria, and Eswatini.
Talking about South Africa, it is no news that asides from maintaining its position as the largest carbon-emitting country in Africa, South Africa has continued to play leading roles in terms of global initiatives to combat CC. Some remarkable events include the creation of a National Climate Change Information System (NCCIS) and the introduction of the Carbon Tax Act in the continent. While the NCCIS platform aids the transparency and accountability of SA’s climate change progress to national and international communities, the Carbon Tax initiative deters carbon emitters, incentivizes companies that utilise renewable energies, and provides an easy means to generate revenue to accelerate investment in net-zero transition.
In line with the success recorded by South Africa and to further enhance the gains of CC adaptation and mitigation, Egypt led the discussion on the significance of CC policy actions and private sector investment with its National Plan for Climate Change 2050. Although we can not categorically establish a direct correlation between this event and African startup funding increase, however, we observe that annual funding raised by African Startups increased significantly around this period. (see chart below).
In addition, Nigeria’s 2021 Climate Change Act emerged as the first comprehensive climate change legislation in West Africa. Like Egypt, the CC Act creates a high-level National Climate Council consisting of the President as the chairman, Vice President as vice chairman and a cross-section of stakeholders. With the President’s leadership, the council has the potential to put CC high up on the national agenda, generate political commitment and promote mainstreaming. However, a major weakness of this approach is that the President’s leadership subjects the council to political influences, bureaucracy, slow decision making and procedures of successive governments.
The foregoing climate change regulatory frameworks provide a building block for other African countries that are yet to develop a substantive law on climate change. These countries can adopt initiatives like carbon tax regulation, the inclusion of time frames, and the adoption of an inclusive drafting approach as discussed below.
Carbon Tax Regulation (CTR) is not only useful for carbon emission deterrence, but it also holds significant economic benefits. Cova Advisory Research reports that South Africa raised about US$175m (R2.5bn) from carbon tax in the 2020/21 financial year, and according to Brookings Africa 2021: “carbon tax can raise much needed substantial revenues for progressive recovery packages with a broad tax base. It has short-term balance-of-payment benefits and incentivises long-term green investments. It is, therefore, the perfect post-Covid, inclusive, green-growth policy.” Interestingly, Standard Chartered’s Zeronomics study found that 90% of business leaders across Ghana, Kenya, Nigeria, South Africa, Uganda and Zambia, compared with 77% globally, support an effective global carbon tax, based on a carbon price that reflects the true cost of climate change, to help transition to a carbon-neutral economy. This record shows that CTR is a low-hanging fruit for African countries to discourage carbon emissions as well as finance net-zero transition.
The Kenyan CC Act establishes a climate change council to oversee the overall implementation of the Act without providing a timeline for the proper constitution of this council – hence, the Council’s constitution is at the discretion of the president or council leadership. Unfortunately, a recent report from Kenya shows that the council is yet to be inaugurated, as such the duties imposed on the council by the Act are at a halt. This underscores the importance of including timeframes for actions in framework laws like climate change regulations. In addition, CC regulations should provide standards to evaluate the Council’s performance.
A major criticism of the Nigerian CC Act is the inadequate inclusion and consultation of all stakeholders in the drafting process of the regulation. Eswatini CC regulation was also criticized for this reason. Engaging all stakeholders, including vulnerable groups who the regulation will most impact will promote buy-in and support at the implementation phase. Finally, it is important to consider existing national policies and plans while drafting.
African countries have made commendable strides in fostering climate change adaptation and mitigation, with many enacting robust regulatory frameworks. Kenya’s Climate Change Act was a pivotal foundation, inspiring other nations like South Africa, Egypt, Nigeria, and Eswatini to develop climate change regulations. These regulatory frameworks provide valuable building blocks for other African countries yet to establish comprehensive climate change laws. Moreover, aligning climate change regulations with existing national policies and plans ensures coherence and maximizes impact.
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