A/HRC/43/54
environmental conditions, therefore having a positive impact on human rights. For
example, legally binding and enforceable air quality standards may not include any
reference to human rights but can directly contribute to improved air quality, thus reducing
negative impacts on a range of human rights (A/HRC/40/55). The discussion was divided
into four regional groups. The Special Rapporteur provides a more comprehensive set of
good practices in his report to the Human Rights Council for 2020 (A/HRC/43/53).
A.
Africa
7.
Over 35 States in Africa guarantee the right to a healthy environment through their
constitutions,1 and the African Charter on Human and Peoples’ Rights of 1981 provides that
“all peoples shall have the right to a general satisfactory environment favourable to their
development” (art. 24). This led courts in Kenya and Nigeria to make important rulings
based on this right, finding it to be an essential part of the constitutional right to life, even
though it was not explicitly articulated as such in the constitution of either Kenya or Nigeria
(although the right was included in the new Constitution of Kenya of 2010). For example,
the African Commission on Human and Peoples’ Rights produced a groundbreaking
decision in 2001 in a case in Nigeria involving pollution caused by the oil industry that
violated the Ogoni people’s right to a healthy environment under the African Charter. Some
States in Africa have taken additional steps and created institutions to deal with the
environmental matters guaranteed in national laws.
8.
Several good practices were reported from States in Africa. In Zimbabwe,
environmental education is provided as a mandatory course in schools.2 In Uganda, a court
refused to dismiss a lawsuit seeking remedies for air pollution by rejecting the
Government’s argument that the country lacked any enforceable air quality standards. In
South Africa, the majority of environmental legislation has been amended to focus on
fulfilling the constitutional right to a healthy environment, and there is currently an
increasing number of cases based on alleged violations of this right. Section 24 of the
Constitution of South Africa enables individuals, environmental organizations and
communities to bring lawsuits on the right to a healthy environment. The
professionalization of environmental actors in the region has facilitated an increase in
environmental litigation. In Morocco, development strategies embrace strong
environmental components such as the use of green bonds to finance climate-sensitive
development planning and renewable energy projects. The Great Green Wall is an
ambitious project that seeks to restore tens of millions of hectares of degraded land in the
Sahel region, south of the Sahara Desert. Twenty-one States are involved, from Senegal and
the Niger in the west to Ethiopia and Djibouti in the east.3 The restoration of forests and
farmland will improve food security, offer decent livelihoods, reduce poverty, enhance
access to water and contribute to tackling climate change, with benefits for a wide range of
human rights.
B.
Asia and the Pacific
9.
The right to a healthy environment is guaranteed through the constitutions of at least
15 countries in Asia and the Pacific.4 The right is recognized in the Arab Charter on Human
Rights of 2004, which includes the right to a healthy environment as part of the right to an
adequate standard of living (art. 38). In 2012, members of the Association of Southeast
Asian Nations recognized the right through the ASEAN Human Rights Declaration by
1
2
3
4
4
David R. Boyd, “Catalyst for change: evaluating forty years of experience in implementing the right
to a healthy environment”, in The Human Right to a Healthy Environment, John H. Knox and Ramin
Pejan, eds. (Cambridge, Cambridge University Press, 2018).
Soul Shava, “Environmental education policy development in Zimbabwe: an educational experience”,
Southern African Journal of Environmental Education, vol. 20 (2003), pp. 129–134.
See the Great Green Wall. Available at www.greatgreenwall.org.
David R. Boyd, “Catalyst for change”.
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