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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents