A rights-based approach to environmental protection: the Zimbabwean experience.

Madebwe, Tinashe

Abstract

Stemming from common law, international law and statutes, Zimbabwean law has always recognised the prominent role that environmental rights should play in the environmental regulatory framework. In theory, this was based on recognition of the fact that the provision of such rights, and their full enjoyment by citizens, would allow Zimbabweans the opportunity to live in a clean and healthy environment. In addition, through exercising these rights, citizens could directly enforce environmental laws. In practice, however, it appears that deficiencies in the environmental regulatory framework at the institutional level precluded Zimbabweans from fully exercising or enjoying their environmental rights. It was against this backdrop that Zimbabwe in 2013 enacted a new constitution, which entrenched environmental rights in the Declaration of Rights. This was a welcome development, which aligned Zimbabwean law with developments across various other jurisdictions that have accorded environmental rights constitutional importance. Importantly (and in light of the seeming deficiencies in the environmental law regulatory framework at the institutional level, which manifested in Zimbabweans not fully exercising or enjoying their environmental rights prior to the inception of the new constitution), this article explores whether the inclusion of environmental rights in Zimbabwe's constitution has been accompanied by sufficient efforts to put in place institutional measures to ensure that citizens exercise and enjoy their rights.

Citation

MADEBWE, T. 2015. A rights-based approach to environmental protection: the Zimbabwean experience. African human rights law journal [online], 15(1), pages 110-128. Available from: https://www.ahrlj.up.ac.za/madebwe-t

• Journal Article Type: Article
• Acceptance Date: Jun 30, 2015
• Online Publication Date: Jun 30, 2015
• Publication Date: Jun 30, 2015
• Deposit Date: Sep 26, 2023
• Publicly Available Date: Sep 26, 2023
• Journal: African human rights law journal
• Print ISSN: 1609-073X
• Electronic ISSN: 1996-2096
• Publisher: Pretoria University Law Press
• Peer Reviewed: Peer Reviewed
• Volume: 15
• Issue: 1
• Pages: 110-128
• DOI: https://doi.org/10.17159/1996-2096/2015/v15n1a5
• Keywords: Environmental law; Constitutional law; Zimbabwe
• Public URL: https://rgu-repository.worktribe.com/output/2054373
• Publisher URL: https://www.ahrlj.up.ac.za/madebwe-t
• Additional Information: The DOI for this article is currently not working (26.09.2023). The published version remains accessible from the journal website through the following link: https://www.ahrlj.up.ac.za/madebwe-t