|Country name||Constitution||Constitutional Environmental Rights|
|Algeria||1989 (reinstated, 2008)||Art 122: The Parliament shall legislate on the subject matters assigned to it by the Constitution as well as the following fields:
20.General rules relating to the protection of the fauna and flora;
|Angola||2010||Art 121: The fundamental tasks of the Angolan state shall be:
m.To promote harmonious and sustainable development throughout national territory, protecting the environment, natural resources and the historic, cultural and artistic heritage of the nation;
|Benin||1990||Art 27: Every person has the right to a healthy, satisfying and lasting environment and has the duty to defend it. The State shall watch over the protection of the environment.|
|Botswana||1996 (revised 2002)|
|Burkina Faso||1991 (revised 2012)||PREAMBLE, We, the Sovereign People of Burkina Faso: •CONSCIOUS of the absolute necessity to protect the environment|
|Burundi||2005||Art 35: The State assures the good administration [gestion] and the rational exploitation of the natural resources of the country, while preserving the environment and the conservation of these resources for the generations to come.|
|Cameroon||1972 (revised 2008)||Preamble: Affirm our attachment to the fundamental freedoms enshrined in the Universal Declaration of Human Rights, the Charter of United Nations and the African Charter on Human and Peoples' Rights, and all duly ratified international conventions relating thereto, in particular, to the following principles: 21.every person shall have a right to a healthy environment. The protection of the environment shall be the duty of every citizen. The State shall ensure the protection and improvement of the environment;|
|Cape Verde||1980 (revised 1992)||Art 7: The following are the fundamental duties of the State:
j.To protect the land, nature, natural resources, and environment, as well as the historical-cultural and artistic national heritage;
Art 70(1): Everyone shall have the right to a healthy, ecologically balanced environment, and the duty to defend and conserve it.
The State and Municipalities, with the cooperation of associations which defend the environment, shall adopt policies to defend and preserve the environment, and will assure the rational utilization of all natural resources.
The State shall stimulate and support the creation of associations to defend the environment and protect natural resources.
Art 82: All individuals shall have the duty:
f.To defend and conserve the environment.
|Central African Republic||2013||Art 9: The Republic guarantees to each citizen the right to work, to a healthy environment, to rest and leisure in keeping with the requirements of national development. It guarantees favourable conditions for their personal development through an efficient employment policy.
Art 58: The following are matters of law:
•Rules concerning the following areas:
•Protecting the environment, the regimes of domains, lands, forestry and mining;
|Chad||1996 (revised 2005)||Art 47: Every person has the right to a healthy environment.
Art 48: The State and the decentralized territorial collectivities must see to the protection of the environment.
The conditions of storage, of handling and of disposal of toxic wastes or pollutants deriving from national activities are determined by the law.
The transit, importation, storage, burying, [or] dumping on the national territory of foreign toxic wastes or pollutants is prohibited.
Art 52: Every citizen has the duty to respect and to protect the environment.
|Comoros||2001 (revised 2009)||Preamble: They proclaim:
•the right to an intact environment and the duty of all to preserve that environment.
|Cote d'Ivoire||2000 (revised 2004)||Art 19: The right to a healthy environment is recognized to all.
Art 28: The protection of the environment and the promotion of the quality of life are a duty for the community and for each physical or moral person.
Art 71: The law determines the fundamental principles:
•of the protection of the environment;
|Democratic Republic of the Congo||2005 (revised 2011)||Art 53: All persons have the right to a healthy environment and [one] propitious for their integral development.
They have the duty to defend it.
The State sees to the protection of the environment and the health of the population.
Art 203: Without prejudice to the other provisions of this Constitution, the following matters are of the concurrent competence of the Central Power and the Provinces:
18.protection of the environment, of natural sites, of landscapes and of the conservation of sites;
|Djibouti||1992 (revised 2010)|
|Egypt||2014||Art 30: The state commits to protecting fisheries, protecting and supporting fishermen, and empowering them to carry out their work without causing damages to eco-systems, in the manner organized by law.
Art 32: Natural resources belong to the people. The state commits to preserving such resources, to their sound exploitation, to preventing their depletion, and to take into consideration the rights of future generations to them.
Art 43: The state commits to protecting, developing and maintaining the Suez Canal as an international waterway that it owns. It is also committed to the development of the canal sector as a significant economic pillar.
Art 44: The state commits to protecting the Nile River, maintaining Egypt’s historic rights thereto, rationalizing and maximizing its benefits, not wasting its water or polluting it. The state commits to protecting its mineral water, to adopting methods appropriate to achieve water safety, and to supporting scientific research in this field.
Every citizen has the right to enjoy the Nile River. It is prohibited to encroach upon it or to harm the river environment. The state guarantees to remove encroachments thereon. The foregoing is regulated by law.
Art 45: The state commits to protecting its seas, beaches, lakes, waterways, mineral water, and natural reserves.
It is prohibited to encroach upon, pollute, or use them in a manner that contradicts their nature. Every citizen has the right to enjoy them as regulated by law. The state also commits to the protection and development of green space in urban areas; the protection of plants, livestock and fisheries; the protection of endangered species; and the prevention of cruelty to animals. All the foregoing takes place as regulated by law.
Art 46: Every individual has the right to live in a healthy, sound and balanced environment. Its protection is a national duty. The state is committed to taking the necessary measures to preserve it, avoid harming it, rationally use its natural resources to ensure that sustainable development is achieved, and guarantee the rights of future generations thereto.
Art 79: Each citizen has the right to healthy, sufficient amounts of food and clean water. The state shall provide food resources to all citizens. It also ensures food sovereignty in a sustainable manner, and guarantees the protection of agricultural biological diversity and types of local plants to preserve the rights of generations.
|Equatorial Guinea||1991 (revised 1995)||Art. 6: The State shall encourage and promote culture, the arts and scientific and technological research, and shall ensure the conservation of nature, the cultural heritage and the artistic and historical riches of its nations.|
|Eritrea||1997||Art 8(3): In the interest of present and future generations, the State shall be responsible for managing all land, water, air and natural resources and for ensuring their management in a balanced and sustainable manner; and for creating the right conditions to secure the participation of the people in safeguarding the environment.|
|Ethiopia||1994||Art 44: 1. All persons have the right to a clean and healthy environment.
2. All persons who have been displaced or whose livelihoods have been adversely affected as a result of State programmes have the right to commensurate monetary or alternative means of compensation, including relocation with adequate State assistance.
Art 92: 1. Government shall endeavour to ensure that all Ethiopians live in a clean and healthy environment.
2. The design and implementation of programmes and projects of development shall not damage or destroy the environment.
3. People have the right to full consultation and to the expression of views in the planning and implementation of environmental policies and projects that affect them directly.
4. Government and citizens shall have the duty to protect the environment.
|Gabon||1991 (revised 1997)||Art 1: The Gabonese Republic recognizes and guarantees the inviolable and imprescriptible rights of Man, which obligatorily constrain public powers.
8.the State, according to its possibilities, guarantees to all, notably to the child, the mother, the handicapped, to aged workers and to the elderly, the protection of health, social security, a preserved natural environment, rest and leisure;
Art 47: Outside of the cases expressly provided for by the Constitution, the law establishes the rules concerning:
•the protection of nature and the environment;
Art 103: The Economic and Social Council, subject to the provisions of Articles 8, paragraph 3, 28 paragraph 1 and Article 53 above, has competence over all aspects of economic, social and cultural development:
|Gambia, The||1996 (revised 2004)||Art 220(1): The exercise and enjoyment of rights and freedoms are inseparable from the performance of duties and obligations, and accordingly, every citizen shall;
j.protect and conserve the environment of The Gambia.
|Ghana||1992 (revised 1996)||Art 36(9): 9. The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind.
The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen-
k.to protect and safeguard the environment.
Art 268: 1. Any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the Government of Ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of this Constitution shall be subject to ratification by Parliament.
2. Parliament may, by resolution supported by the votes of not less than two-thirds of all the members of Parliament, exempt from the provisions of clause (1) of this article any particular class of transactions, contracts or undertakings.
|Guinea||2010||Art 16: Every person has the right to a healthy and lasting environment and the duty to defend it. The State sees to the protection of the environment.
Art 17: The transit, the importation, the storage, the dumping on the national territory of toxic waste or pollutants, and all agreements relative to the matter [y] constitute a crime against the Nation. The applicable sanctions are specified by the law.
Art 21: They have [the] right to the preservation of their patrimony, of their culture and of their environment.
Art 72: The law determines the fundamental principles:
•of the cultural development and of the protection of the patrimony and of the environment.
Art 138: It can make concrete proposals to the Government on any issue concerning the amelioration of the quality of life of the populations within [à l’interieur] the collectivities, notably the protection of the environment.
|Guinea-Bissau||1984 (revised 1996)|
|Kenya||2010||Preamble: RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations:
Art 42: Every person has the right to a clean and healthy environment, which includes the right-
a.to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and
b.to have obligations relating to the environment fulfilled under Article 70.
Art 60(1): Land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable, and in accordance with the following principles-
e.sound conservation and protection of ecologically sensitive areas;
Art 69: 1. The State shall-
a.ensure sustainable exploitation, utilisation, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits;
b.work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya;
c.protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities;
d.encourage public participation in the management, protection and conservation of the environment;
e.protect genetic resources and biological diversity;
f.establish systems of environmental impact assessment, environmental audit and monitoring of the environment;
g.eliminate processes and activities that are likely to endanger the environment; and
h.utilise the environment and natural resources for the benefit of the people of Kenya.
2. Every person has a duty to cooperate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.
Art 70: 1. If a person alleges that a right to a clean and healthy environment recognised and protected under Article 42 has been, is being or is likely to be, denied, violated, infringed or threatened, the person may apply to a court for redress in addition to any other legal remedies that are available in respect to the same matter.
2. On application under clause (1), the court may make any order, or give any directions, it considers appropriate-
a.to prevent, stop or discontinue any act or omission that is harmful to the environment;
b.to compel any public officer to take measures to prevent or discontinue any act or omission that is harmful to the environment; or
c.to provide compensation for any victim of a violation of the right to a clean and healthy environment.
3. For the purposes of this Article, an applicant does not have to demonstrate that any person has incurred loss or suffered injury.
Art 72: Parliament shall enact legislation to give full effect to the provisions of this Part.
Art 191(3): The following are the conditions referred to in clause (2) (a)-
c.the national legislation is necessary for-
vi.the protection of the environment.
Schedules, part 1, 22: Protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particular-
a.fishing, hunting and gathering;
b.protection of animals and wildlife;
c.water protection, securing sufficient residual water, hydraulic engineering and the safety of dams; and
|Lesotho||1993 (revised 1998)||Art 36: Lesotho shall adopt policies designed to protect and enhance the natural and cultural environment of Lesotho for the benefit of both present and future generations and shall endeavour to assure to all citizens a sound and safe environment adequate for their health and well-being.|
|Libya||2011 (revised 2012)|
|Madagascar||2010||Preamble: Persuaded of the exceptional importance of the wealth of the fauna, of the flora and of the mining resources of high specificities with which nature has provided Madagascar, and that it is important to preserve it for the future generations,
Considering the geopolitical situation of Madagascar and its voluntarist participation in the dialog of nations, and making its own, notably:
•The Conventions relative to the rights of the child, to the rights of women, to the protection of the environment, to the social, economical, political, civil and cultural rights,
Preamble: Considering the geopolitical situation of Madagascar and its voluntarist participation in the dialog of nations, and making its own, notably:
Art 37: The State guarantees the freedom of enterprise within the limit of the respect for the general interest, the public order, morality and the environment.
Art 95: In addition to the issues that are directed to it by other Articles of the Constitution:
II.The law determines the general principles:
6°.of the protection of the environment.
Art 141: The Decentralized Territorial Collectivities assure with the participation of the State, notably, public security, civil defense, the administration, the territorial development, the economic development, the preservation of the environment and the amelioration of the framework of life.
In these domains, the law determines the division of the competences in consideration of the national interests and of the local interests.
|Malawi||1994 (revised 1999)||Art 13: The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals—
To manage the environment responsibly in order to—
i.prevent the degradation of the environment;
ii.provide a healthy living and working environment for the people of Malawi;
iii.accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and
iv.conserve and enhance the biological diversity of Malawi.
|Mali||1992||Art 15: Every person shall have the right to a healthy environment. The protection, defense and promotion of the environment shall be obligations for all and for the State.|
|Mauritania||1991 (revised 2012)||Art 57: [The following] are of the domain of the law: the general regime of water, of mines, and of hydro-carbons, of fishing and of the merchant marine, of the fauna, of the flora, and of the environment;|
|Mauritius||1968 (revised 2011)|
|Morocco||2011||Art 31: The State, the public establishments and the territorial collectivities work for the mobilization of all the means available [disponibles] to facilitate the equal access of the citizens [feminine] and the citizens [masculine] to conditions that permit their enjoyment of the right:
•to the access to water and to a healthy environment;
Art 35: The State guarantees the freedom to contract and free competition. It works for the realization of a lasting human development, likewise to permit the consolidation of social justice and the preservation of the national natural resources and of the rights of the future generations.
Art 71: [The following] are of the domain of the law, other than the matters that are expressly devolved on it by other Articles of the Constitution:
•the rules relative to the management of the environment, to the protection of the natural resources and to lasting development;
|Mozambique||2004 (revised 2007)||Art 45: Every individual shall have the duty to:… f.protect and conserve the environment;
Art 90: 1. All citizens shall have the right live in a balanced environment and shall have the duty to defend it.
2. The State and the local authorities, with collaboration from associations for environmental protection, shall adopt policies to protect the environment and shall promote the rational use of all natural resources.
Art 117: 1. The State shall promote efforts to guarantee the ecological balance and the conservation and preservation of the environment, with a view to improving the quality of life of its citizens.
2. With a view to guaranteeing the right to the environment within the framework of sustainable development, the State shall adopt policies aimed at:
a.preventing and controlling pollution and erosion;
b.integrating environmental objectives with sectoral policies;
c.promoting the integration of environmental values into educational policies and programmes;
d.guaranteeing the rational utilisation of natural resources and the safeguarding of their capacity to regenerate, ecological stability and the rights of future generations;
e.promoting territorial ordinance with a view to ensuring the correct location of activities, and balanced socio-economic development.
|Namibia||1990 (revised 2010)||Art 95: The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following:
l.maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; in particular, the Government shall provide measures against the dumping or recycling of foreign nuclear and toxic waste on Namibian territory.
|Niger||2010||Art 35: Any person has the right to a healthy environment. The State has the obligation to protect the environment in the interest of present and future generations.
Each one is required to contribute to the safeguarding and to the improvement of the environment in which he lives.
The acquisition, the storage, the handling and the disposal of toxic wastes or pollutants originating from factories and other industrial or handwork sites, installed on the national territory, are regulated by the law.
The transit, importation, storage, landfill, and dumping on the national territory of foreign pollutants or toxic wastes, as well as any agreement relating to it constitute a crime against the Nation, punished by the law.
The State sees to the evaluation and control of the impacts of any project and program of development on the environment.
Art 36: The State and the other public collectivities see to the fight against desertification.
Art 37: The national and international enterprises have the obligation to respect the legislation in force in environmental matters. They are required to protect human health and to contribute to the safeguarding of it as well as to the improvement of the environment.
Art 100: The Law determines the fundamental principles:
•of the protection of the environment and of the conservation of the natural resources;
•of the protection, of the conservation and of the organization of the airspace;
Art 149: The exploitation and the administration of the natural resources and of the subsoil must be done with transparency and taking into account the protection of the environment, and the cultural heritage as well as the preservation of the interests of present and future generations.
Art 172: These organs may have as their objective, notably:
•the preservation of the environment;
|Nigeria||1999||Art 20: 20. The State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria.|
|Republic of the Congo (Brazzaville)||2001||Art 35: Every citizen has the right to a healthy, satisfying and lasting environment and has the duty to defend it.
The State sees to the protection and to the conservation of the environment.
Art 37: The transit, the importation, the storage, landfill, and dumping in the continental waters and the maritime spaces under national jurisdiction, the expanding in the airspace of toxic wastes, radioactive pollutants or of any other dangerous product, originating or not from abroad, constitute a crime punished by the law.
Art 111: The following are of the domain of the law:
•the environment and the conservation of the natural resources;
|Rwanda||2003 (revised 2010)||Art 49: Every person has a right to a clean and healthy environment.
Every person has the duty to protect, safeguard and promote the environment. The State shall ensure the protection of environment.
An Organic Law shall determine the modalities for protecting, safeguarding and promoting the environment.
|São Tomé and Príncipe||1975 (revised 1990)||Art 10: Prime Objectives of the State are:
c.Preserve the harmonious balance of nature and of the environment.
|Senegal||2001 (revised 2009)||Art 8: The Republic of Senegal guarantees to all citizens the fundamental individual freedoms, the economic and social rights as well as the collective rights. These freedoms and rights are notably: … right to a healthy [sain] environment, … These freedoms and these rights are exercised within the conditions provided for by the law.|
|Seychelles||1993 (revised 2011)||Preamble: SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to
•help preserve a safe, healthy and functioning environment for ourselves and for posterity;
Art 38: 38. The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realization of this right the State undertakes-
a.to take measures to promote the protection, preservation and improvement of the environment
b.to ensure a sustainable socio-economic development of Seychelles by a judicious use and management of the resources of Seychelles;
c.to promote public awareness of the need to protect, preserve and improve the environment.
Art 40: It shall be the duty of every citizen of Seychelles-
f.to protect, preserve and improve the environment; and
|Sierra Leone||1991 (reinstated 1996, revised 2008)||Art 18(3): Nothing contained in or done under authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—
a.which is reasonably required in the interests of defence, public safety, public order, public morality, public health or the conservation of the natural resources, such as mineral, marine, forest and other resources of Sierra Leone, except in so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
|Somalia||2012||Art 25: 1. Every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials.
2. Every person has the right to have a share of the natural resources of the country, whilst being protected from excessive and damaging exploitation of these natural resources.
Art 45: 1. The Federal Government shall give priority to the protection, conservation, and preservation of the environment against anything that may cause harm to natural biodiversity and the ecosystem.
2. All people in the Federal Republic of Somalia have a duty to safeguard and enhance the environment and participate in the development, execution, management, conservation and protection of the natural resources and environment.
3. The Federal Government and the governments of the Federal Member States affected by environmental damage shall:
a.Take urgent measures to clean up hazardous waste dumped on the land or in the waters of the Federal Republic of Somalia;
b.Enact legislation and adopt urgent necessary measures to prevent the future dumping of waste in breach of international law and the sovereignty of the Federal Republic of Somalia;
c.Take necessary measures to obtain compensation from those responsible for any dumping of waste, whether they are in the Federal Republic of Somalia or elsewhere;
d.Take necessary measures to reverse desertification, deforestation and environmental degradation, and to conserve the environment and prevent activities that damage the natural resources and the environment of the nation.
4. In consultation with the Federal Member States, the Federal Government shall adopt general environmental policies for the Federal Republic of Somalia.
Art 52(1): The Federal Government and Federal Member State governments shall ensure that meetings between the Presidents of the Federal Member States and high ranking officials be held regularly to discuss issues that affect their territories, including:
e.The prevention of erosion and the protection of the environment;
|South Africa||1996 (revised 2012)||Art 24: Everyone has the right-
b.to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that-
i.prevent pollution and ecological degradation;
ii.promote conservation; and
iii.secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
Art 152(1): The objects of local government are-
d.to promote a safe and healthy environment; and
|South Sudan||2011||Art 37(2): All levels of government shall:
b.protect and ensure the sustainable management and utilization of natural resources including land, water, petroleum, minerals, fauna and flora for the benefit of the people;
2. Every person shall have the obligation to protect the environment for the benefit of present and future generations.
3. Every person shall have the right to have the environment protected for the benefit of present and future generations, through appropriate legislative action and other measures that:
a.prevent pollution and ecological degradation;
b.promote conservation; and
c.secure ecologically sustainable development and use of natural resources while promoting rational economic and social development so as to protect genetic stability and bio-diversity.
4. All levels of government shall develop energy policies that will ensure that the basic needs of the people are met while protecting and preserving the environment.
Art 46(2): Every citizen shall in particular:
g.protect the environment and conserve natural resources;
Art 157: 1. There shall be established a wildlife service to be known as the National Wildlife Service and it shall be a decentralized professional service.
2. The mission of the Wildlife Service shall be to protect the wildlife and to preserve and conserve the natural habitat of flora and fauna of South Sudan.
3. The Wildlife Service shall be organized at the National and the state levels.
4. The Wildlife Service shall be headed by a Director-General of Wildlife appointed by the President after approval of the Council of Ministers upon the recommendation of the Minister in charge.
5. The national Wildlife Service shall be responsible for the maintenance of professional standards and the recruitment, training, deployment and transfer of wildlife officers throughout South Sudan.
6. The Wildlife Service shall coordinate and cooperate with the local communities on the protection and management of wildlife within their areas.
7. The Wildlife Service shall act in accordance with this Constitution and the following guiding principles:
a.the conservation and protection of the natural ecosystems, bio-diversity and endangered species shall be the primary consideration in carrying out its duties;
b.consistent with the provisions of this Constitution and the law, the Wildlife Service shall manage wildlife resources in a manner that will ensure the protection of human life; and
c.wildlife shall be protected and managed in accordance with the international standards and obligations.
8. The Wildlife Service shall respect the will of the people, the rule of law, civilian authority, democracy, human rights, fundamental freedoms and the protection of animals in accordance with the law.
9. The organization, functions, powers and terms and conditions of service of the Wildlife Service shall be regulated by law.
Art 166(6): The objects of local government shall be to:
j.involve communities in decisions relating to the exploitation of natural resources in their areas and promote a safe and healthy environment; and
Art 173(2): Petroleum and gas development and management shall be guided by the following principles:
i.protecting the environment and biodiversity;
n.ensuring accountability for violations of human rights and degradation to the environment caused by petroleum and gas-related operations; and
The functions of the Ministry shall include:
f.in consultation with affected communities, ensuring that all petroleum and gas projects be subjected to environmental and social impact assessment; and
Schedule B: The exclusive executive and legislative powers of a state shall be as follows:
18.The development, conservation and management of state natural resources and state forestry resources;
Schedule (C): The National and state governments shall have legislative and executive competences on any of the matters listed below:
14.Environmental management, conservation and protection;
|Sudan||2005||Art 11: 1. The people of the Sudan shall have the right to a clean and diverse environment; the State and the citizens have the duty to preserve and promote the country's biodiversity.
2. The State shall not pursue any policy, or take or permit any action, which may adversely affect the existence of any species of animal or vegetative life, their natural or adopted habitat.
3. The State shall promote, through legislation, sustainable utilization of natural resources and best practices with respect to their management.
At 23: In particular every citizen shall:
h.preserve the natural environment,
|Swaziland||2005||Art 216: 1. Every person shall promote the protection of the environment for the present and future generations.
2. Urbanisation or industrialisation shall be undertaken with due respect for the environment.
3. The Government shall ensure a holistic and comprehensive approach to environmental preservation and shall put in place an appropriate environmental regulatory framework.
|Tanzania||1977 (amended 1992)|
|Togo||1992 (revised 2007)||Art 41: Every person has the right to a healthy environment. The State sees to the protection of the environment.
Art 84: The law establishes the rules concerning:
•the protection and the promotion of the environment and the conservation of the natural resources;
|Tunisia||2014||Preamble: Being aware of the necessity of contributing to the preservation of a healthy environment that guarantees the sustainability of our natural resources and bequeathing a secure life to future generations, realizing the will of the people to be the makers of their own history, believing in science, work, and creativity as noble human values, seeking always to be pioneers, aspiring to contribute to the development of civilization, on the basis of the independence of national decision-making, world peace, and human solidarity;
Art 44: The conservation and rational use of water is a duty of the state and of society.
Art 45: The state guarantees the right to a healthy and balanced environment and the right to participate in the protection of the climate.
The state shall provide the necessary means to eradicate pollution of the environment.
|Uganda||1995 (revised 2005)||Objectives: i. The State shall promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations.
ii. The utilization of the natural resources of Uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans; and in particular, the State shall take all possible measures to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other causes.
iii. The State shall promote and implement energy policies that will ensure that people's basic needs and those of environmental preservation are met.
iv. The State, including local governments, shall-
a.create and develop parks, reserves and recreation areas and ensure the conservation of natural resources;
b.promote the rational use of natural resources so as to safeguard and protect the bio-diversity of Uganda.
Art 17(1): It is the duty of every citizen of Uganda-
j.to create and protect a clean and healthy environment;
Art 39: Every Ugandan has a right to a clean and healthy environment.
Art 245: Parliament shall, by law, provide for measures intended-
a.to protect and preserve the environment from abuse, pollution and degradation;
b.to manage the environment for sustainable development; and
c.to promote environmental awareness.
|Zambia||1991 (revised 2009)||Art 112: The following Directives shall be the Principles of State Policy for the purposes of this Part: ... d. the State shall endeavour to provide clean and safe water, adequate medical and health facilities and decent shelter for all persons, and take measures to constantly improve such facilities and amenities; ... h. the State shall strive to provide a clean and healthy environment for all;
i.the State shall promote sustenance, development and public awareness of the need to manage the land, air and water resources in a balanced and suitable manner for the present and future generation; and
|Zimbabwe||2013||Art 72(2): Where agricultural land, or any right or interest in such land, is required for a public purpose, including--
b.land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or
Art 73: 1. Every person has the right--
a.to an environment that is not harmful to their health or well-being; and
b.to have the environment protected for the benefit of present and future generations, through reasonable legislative and other measures that--
i.prevent pollution and ecological degradation;
ii.promote conservation; and
iii.secure ecologically sustainable development and use of natural resources while promoting economic and social development.
2. The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the rights set out in this section.
Art 282(1): Traditional leaders have the following functions within their areas of jurisdiction--
d.in accordance with an Act of Parliament, to administer Communal Land and to protect the environment;
Art 289: In order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all Zimbabweans to the country's natural resources, policies regarding agricultural land must be guided by the following principles--
a.land is a finite natural resource that forms part of Zimbabweans' common heritage;
b.subject to section 72, every Zimbabwean citizen has a right to acquire, hold, occupy, use, transfer, hypothecate, lease or dispose of agricultural land regardless of his or her race or colour;
c.the allocation and distribution of agricultural land must be fair and equitable, having regard to gender balance and diverse community interests;
d.the land tenure system must promote increased productivity and investment by Zimbabweans in agricultural land;
e.the use of agricultural land should promote food security, good health and nutrition and generate employment, while protecting and conserving the environment for future generations;
f.no person may be deprived arbitrarily of their right to use and occupy agricultural land.