1st Edition

Domestic and Regional Environmental Laws and Policies in Africa A Research Companion

Edited By Jean-Claude N. Ashukem, Semie M. Sama Copyright 2024

    This book explores African domestic and regional responses and approaches to environmental protection and sustainability. Written by African experts, the collection consists of five parts covering the whole of Africa. It provides broad coverage of specific themes, including environmental constitutionalism, climate change, gender and the environment, wildlife trade, environmental justice, and human displacement. The key aims are first, to explore theoretical and empirical studies to interrogate and provide clarity on academic discourse on how and whether environmental human rights approaches and policy implications have effectively enhanced environmental protection and sustainability at African domestic levels. Second, to investigate and present innovative solutions on how African domestic legal regimes deal with environmental justice, natural resources governance, refugees’ environmental rights, and climate-induced displaced persons. Finally, to propose innovative legal and institutionalised solutions to Africa’s ecological realities by determining the legal and regulatory gaps on environmental human rights issues on the continent.

    The collection will be a valuable resource for researchers, academics, and policymakers in human rights law, environmental law, political science, ecology and conservation, environmental management, disaster management, and development studies.

    List of contributors xi

    Foreword xviii

    Acknowledgement xx

    About the book xxi

    1 Introduction: beyond the lens of constitutional environmental rights in Africa 1

    SEMIE M. SAMA AND JEAN-CLAUDE N. ASHUKEM

    PART 1

    Environmental constitutionalism 13

    2 Understanding the growing jurisprudence on environmental constitutionalism and the pursuit of environmental sustainability in Zimbabwe 15

    AMANDA TAPIWA MUGADZA

    3 Environmental constitutionalism in the Democratic Republic of Congo: essence and constraints of effectiveness 30

    FRANCOIS BOKONA WIIPA BONDJALI

    PART 2

    Domestic environmental law approaches 47

    4 The human right to a healthy environment in Cameroon’s 1996 constitution and the pursuit of sustainability in a comparative context: finding space for sustainable development in Cameroon? 49

    JEAN-CLAUDE N. ASHUKEM AND SEMIE M. SAMA

    5 Decolonising environmental law for sustainable development with particular reference to Zimbabwe 69

    TUMAI MUROMBO

    6 The non-anthropocentric claims of African environmental ethics: Nigerian environmental legislation and the rhetoric of the pursuit of environmental sustainability 86

    PATRICK ODU EGBEJI

    7 Human rights and environmental justice as transcendental and psychosocial in human systems: the Luhmann effect in Nigeria’s Niger Delta oil complex 103

    OLALEKAN A. BELLO

    8 Oil spill preparedness and environmental governance in Mauritius: lessons to be learnt from the MV Wakashio oil spill at the domestic and regional levels 124

    ODILE JULIETTE LIM TUNG

    9 The human right to a healthy environment in Tunisia: A critical analysis of the constitutional right to a healthy environment and sustainability 143

    BENG SIMON KELUH

    10 Interrogating the environmental rights of the Indigenous peoples of the Niger Delta: how to safeguard the right of non-discrimination in pursuit of environmental sustainability in Nigeria 161

    OLANIYI FELIX OLAYINKA

    11 Challenges of human rights protection in the sustainable development of natural resources in South Africa 180

    KOLAPO OMIDIRE

    PART 3

    Gender and the environment 199

    12 Analysis of Global North and South approaches to public urination: legal, environmental, and gender perspectives 201

    FURAHA-JOY SEKAI SAUNGWEME

    13 Towards an integrated gender-sensitive approach to climate change governance in pursuit of environmental sustainability in Africa: highlighting the legal paradigms of Burkina Faso and Nigeria 220

    OLUWATOYIN ADEJONWO AND SIDNOMA NITA BELEMSOBGO

    PART 4

    Cross-cutting themes 239

    14 Exploring the questionable connection between the right to development and environmental protection in Kenya 241

    FAITH KABATA

    15 Human rights and sustainable forest conservation in Africa: perspectives from Kenya, South Africa, and Nigeria 260

    JOHN OLUWATOMISIN AKINSELURE

    16 Exploring the effectiveness of institutionalised water conservation policy in the workplace: empirical observations from the North-West University – Mahikeng campus in South Africa 279

    LOBINA GERTRUDE PALAMULENI AND RHODA CYNTHIA BAKUWA

    17 Enhancing environmental rights protection through litigation in pursuit of environmental sustainability in Africa: A comparative analysis of the role of Indigenous peoples in Uganda and Kenya 298

    PETER DAVIS MUTESASIRA

    18 Transfrontier conservation in Southern African Development Community and the pursuit of environmental sustainability 317

    WILLEM D. LUBBE AND MICHELLE BARNARD

    19 In pursuit of environmental sustainability: protection of wild animal rights in wildlife trade in the East African community 339

    EMMANUEL KASIMBAZI

    20 Mining and environmental unsustainability: exploring the attainability of a transnational approach to adapting and implementing the African mining vision 358

    STACY CHEMBE

    PART 5

    Climate change and migration 383

    21 In pursuit of environmental sustainability: the complexity of human rights and gender issues in climate change governance in Malawi 385

    NGCIMEZILE MBANO-MWESO

    22 The future of climate change litigation in pursuit of environmental sustainability in Africa: A review of Nigeria’s 2021 Climate Change Act 405

    AARON OLANIYI SALAU

    23 In pursuit of environmental sustainability: legal responses towards climate change induced human displacement in the Eastern African region 422

    EMMANUEL KASIMBAZI AND ALEX NABWISO

    24 Conclusion – living on the edge of African sustainability? 444

    JEAN-CLAUDE N. ASHUKEM

    Index 454

    Biography

    Jean-Claude N. Ashukem is Researcher at the Global Environmental Law Centre at the University of the Western Cape, South Africa. He serves on the editorial Board of GNOSI: An Interdisciplinary Journal of Human Theory and Praxis.

    Semie M. Sama is Assistant Professor of Law at Lakehead University Canada.

    This book is the most comprehensive piece of environmental legal scholarship in Africa. It extensively analyses several environmental protection and sustainability themes across the entire African continent from the perspective of law and policy. The book is a useful resource for researchers, practitioners, and students.

    Oliver Fuo, Associate Professor, Faculty of Law, North-West University

    If you care intensely about holistic conservation and environmental sustainability issues, you would be well advised to earmark this compilation for your essential reading list. It skilfully advances the African environmental ideology as well as developing its conservation crime-related diaspora in a down-to-earth manner, which will captivate and empower both seasoned environmentalists and emerging conservationists alike.

    Prof. Friedo JW Herbig, University of South Africa