Enhancing Environmental Protection and Socio-Economic Development in Africa: A Fresh Look at the Right to a General Satisfactory Environment under the African Charter on Human and Peoples' Rights

• Main Author: Emeka Polycarp Amechi
• Format: Article
• Language: English
• Published: School of Oriental and African Studies 2009-06-01
• Series: Law, Environment and Development Journal
• Subjects: Africa; Article 24; Banjul Charter; contents; environmental protection; environment; poverty reduction; right to satisfactory environment; socio-economic development; sustainable development
• Online Access: http://lead-journal.org/content/09058.pdf

The African Charter to Human and Peoples' Rights is an innovative document as it is the first human rights albeit regional instrument to provide for a substantive right to environment. However, the right as provided under the Charter is encumbered as it is linked to the promotion of development. Such linkage has led to the argument that the right can only be invoked where it will not infringe the requirements of socio-economic development. While this issue appears to have engaged the attention of most commentators, there has not been much enquiry into what the right aims to achieve and the implication for the achievement of sustainable development objectives including environmental protection and poverty reduction in Africa. This article therefore seeks to evaluate the utility of the right to the pursuit of sustainable development objectives in Africa.