A/HRC/43/54
regions also require greater knowledge and understanding of their fundamental human
rights and the tools available to defend those rights.
A.
Africa
17.
Some participants cautioned that, when dealing with a huge and diverse continent
such as Africa, one must be cautious in making generalizations, for there are bound to be
exceptions, distinctions and nuances lost in the process. Africa faces massive environmental
challenges, including deforestation, desertification, loss of biodiversity, air and water
pollution, a lack of access to clean water and adequate sanitation, and improper waste
disposal. In many cases, Africa bears the burden of environmental damage inflicted by
foreign corporations and Governments that exploit natural resources for export to other
regions. Exacerbating these problems are poverty, armed conflicts, a growing population,
stagnant economies, migration, corruption, political instability and foreign debt.
18.
Participants discussed issues relating to the enactment and amendment of laws and
their implementation. There has been a rapid proliferation of environmental laws,
regulations and policies in Africa since the early 1990s. While the development of
framework laws and other environmental policies is a step in the right direction, there
continues to be a huge implementation gap between the aspirations expressed on paper and
the actions that take place on the ground. The enforcement of environmental laws,
including the right to a healthy environment, is limited in many States in Africa.
19.
Some of the problems hindering the enforcement of environmental laws in the
region are government institutions that lack the financial and human resources to monitor
and control industrial and development activities; government officials entrusted with
enforcing laws or protecting rights under those laws who often have more to gain by
condoning violations or engaging in violations themselves; court systems that are
backlogged, bankrupt or otherwise not functioning; and the imperatives of daily life for the
poor, which may overwhelm any likely risks associated with violating the law.
20.
In some States in Africa, there seems to be some tension between customary law and
statutory law. The different legal systems are not always compatible and may even
contradict each other. In seeking legal remedies, the high cost for litigation imposes a
barrier for persons and communities whose rights have been jeopardized or violated. In
some States, the judiciary’s lack of awareness or expertise regarding environmental law
makes environmental litigation difficult. States in Africa have made little progress in
establishing simplified and expedited procedures to enforce constitutionally protected
rights. As a result, challenges in fulfilling the right to a healthy environment are common in
Africa.
21.
Effective legal and political institutions are prerequisites for enforcing the rule of
law, but they are lacking in many States in Africa. In some countries, military Governments
or one-party Governments ignore judicial decisions. Many judicial systems suffer from
inadequate budgets, a shortage of trained professionals and extensive political interference.
Other problems that constrain efforts to protect the environment include jurisdictional
battles between levels of government and ministries within government; institutional
instability, caused by a shuffling of ministers and responsibilities; a lack of institutional
capabilities and resources (such as financial, human and technological); and a lack of public
concern or understanding.
22.
There is also the matter of regulating foreign investors and their activities. Many
Governments in Africa rely on foreign investment for development projects. These projects
often have significant environmental impacts but are not adequately scrutinized or
sufficiently regulated, often resulting in interference with people’s right to a healthy
environment. In addition, participants pointed out that the region in general lacked capacity,
both within government agencies tasked with protecting the environment and also with
regard to the shortage of independent experts or scientists. Illiteracy prevents people from
accessing information and participating in decision-making processes. Civic space for
environmental and human rights activists to exercise their rights or work on environmental
protection is shrinking in some parts of Africa.
7
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