Editing IPCC:AR6/WGII/Chapter-9 (section)

==== 9.4.4.1 The Rise of Climate Change Adaptation Law ====

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Robust legislative frameworks, both climate change specific and non-specific, can foster adaptive responses to climate change, particularly in LDCs ( [[#Nachmany--2017|Nachmany et al., 2017]] ). As discussed in Chapter 17, there are many reasons for this. The successful implementation of policy objectives across the continent is often contingent upon or at least supported by an underlying legislative framework ( [[#Averchenkova--2017|Averchenkova and Matikainen, 2017]] ; [[#Scotford--2017|Scotford et al., 2017]] ). There are also wider systemic and structural reasons for developing climate change legislation, including the promotion of coordination within government, its policy entrenching role, its symbolic value and its potential to support climate finance flows ( [[#Nachmany--2017|Nachmany et al., 2017]] ; [[#Scotford--2019|Scotford and Minas, 2019]] ).

Legal systems, however, also have the potential to be maladaptive. Laws may be brittle, often assuming and reinforcing a static state, and the boundary of the law may not align to the relevant location, scale or impact ( [[#Craig--2010|Craig, 2010]] ; [[#Arnold--2013|Arnold and Gunderson, 2013]] ; [[#Wenta--2019|Wenta et al., 2019]] ). This necessitates the review and revision of existing laws to remove such barriers and foster adaptive management ( [[#Craig--2010|Craig, 2010]] ; [[#Ruhl--2010|Ruhl, 2010]] ; [[#Cosens--2017|Cosens et al., 2017]] ) and, where necessary, the promulgation of new laws.

There has been a rise in framework and sectoral climate change laws across Africa, as illustrated in Figure 9.10. The map illustrates the two framework statutes which have been promulgated in Benin and Kenya, as well as the three framework bills which have been drafted in Nigeria, South Africa and Uganda. There are also discussions taking place in Zimbabwe and Ghana regarding the potential development of a draft framework climate change bill. A review of the climate change framework laws indicates evidence of cross-pollination in design across African jurisdictions, creating the potential for a unique and regionally appropriate body of law with a strong focus on adaptation responses ( [[#Rumble--2019|Rumble, 2019]] ). As discussed in Chapter 17, however, there remains the need for in-country expert input on how the domestic legal landscape may influence their operation, and for each jurisdiction to independently interrogate its adaptation needs and objectives ( [[#Scotford--2017|Scotford et al., 2017]] ).

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'''Figure 9.10 |''' '''Progress in development of climate change framework law in Africa derived from an analysis of public databases of African laws''' , data drawn from Government of Niger ( '''1998''' ); Government of Liberia ( '''2002''' ); Government of Algeria ( '''2004''' ); Government of Tanzania ( '''2004''' ); Government of Central African Republic ( '''2008''' ); Government of Lesotho ( '''2008''' ); Government of Togo ( '''2008''' ); Government of Guinea Bissau ( '''2011''' ); Government of Ivory Coast ( '''2012''' ); Government of Rwanda ( '''2012''' ); Government of Sierra Leone ( '''2012''' ); Government of Cape Verde ( '''2014''' ); Government of Morocco ( '''2014''' ); Government of Mozambique ( '''2014''' ); Government of Madagascar ( '''2015''' ); Government of the Seychelles ( '''2015''' ); Government of Gabon ( '''2016''' ); Government of Kenya ( '''2016''' ); Government of Mali ( '''2016''' ); Government of Zambia ( '''2016''' ); Government of Malawi ( '''2017''' ); Government of Nigeria ( '''2017''' ); Government of Benin ( '''2018''' ); Government of Ghana ( '''2018''' ); Government of South Africa ( '''2018''' ); Government of Uganda ( '''2018''' ); Government of Zimbabwe ( '''2019''' ) sources quoted as of September '''2019''' .

Numerous African states have also included dedicated climate change-related provisions within various existing statutes that regulate the environment or disaster management. For example, Tanzania’s Environmental Management Act 20 of 2004 contains dedicated provisions to address climate change. Rwanda’s Law on Environment 48/2018 also contains detailed provisions on mainstreaming climate change into development planning processes, education on climate change, vulnerability assessments and the promotion of measures to enhance adaptive capacity. Some countries have also developed laws dedicated to a specific aspect of adaptation. For example, the Conservation and Climate Adaptation Trust of Seychelles Act 18 of 2015 establishes a trust fund to finance climate change adaptation responses in Seychelles. Similarly, many countries including Algeria, Burkina Faso, Djibouti, Ghana, Namibia, Malawi, Mauritius, Madagascar, Mozambique, Tanzania and South Africa have dedicated disaster management laws. At this stage, it is still too early to determine whether these laws are having any substantive influence in strengthening resilience and reducing vulnerability and, as discussed in Chapter 17, this is identified as a knowledge gap requiring further research.

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