This chapter hypothesises that proper local waste governance is important for the realisation of the constitutional environmental rights vision. Traditionally, the responsibility to protect the environment lies in the state. Because local government functions closer to citizens, it makes sense for them to play an important role in environmental stewardship. This role is evident in local waste governance. But what exactly is the nature of the environmental authority and responsibility of local government in environmental protection? What legal and institutional mechanisms are there to enable local government to fulfill this environmental mandate, and have they been proactive in performing this responsibility? This chapter attempts to answer these questions by examining the constitutional and statutory environmental responsibility and authority of decentralized territorial councils (DTCs) in satisfying the constitutional mandate of the right to a healthy environment in Cameroon. I demonstrate that there is at least a legal duty, and moral responsibility on DTCs, relating to municipal solid waste service delivery, and they are duty-bound to pull up their socks and adequately execute their duty with the hope of realising the constitutional environmental right vision. Despite these obligations, local waste governance has proven to be a daunting task. I argue that the challenges lie in fragmented governance which has contributed to the failure of DTCs to meet the constitutional and legislative mandate. I conclude that the government needs to address the current regulatory, policy, and governance gaps hindering the effective management of municipal solid waste to enable DTCs to adequately execute their responsibilities and satisfy their constitutional requirement of the right to a healthy environment.

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The Constitutional and Statutory Division of Environmental Authority and Responsibility in Cameroon: Highlighting the Role of Decentralized Territorial Council

  • Jean-Claude N. Ashukem

摘要

This chapter hypothesises that proper local waste governance is important for the realisation of the constitutional environmental rights vision. Traditionally, the responsibility to protect the environment lies in the state. Because local government functions closer to citizens, it makes sense for them to play an important role in environmental stewardship. This role is evident in local waste governance. But what exactly is the nature of the environmental authority and responsibility of local government in environmental protection? What legal and institutional mechanisms are there to enable local government to fulfill this environmental mandate, and have they been proactive in performing this responsibility? This chapter attempts to answer these questions by examining the constitutional and statutory environmental responsibility and authority of decentralized territorial councils (DTCs) in satisfying the constitutional mandate of the right to a healthy environment in Cameroon. I demonstrate that there is at least a legal duty, and moral responsibility on DTCs, relating to municipal solid waste service delivery, and they are duty-bound to pull up their socks and adequately execute their duty with the hope of realising the constitutional environmental right vision. Despite these obligations, local waste governance has proven to be a daunting task. I argue that the challenges lie in fragmented governance which has contributed to the failure of DTCs to meet the constitutional and legislative mandate. I conclude that the government needs to address the current regulatory, policy, and governance gaps hindering the effective management of municipal solid waste to enable DTCs to adequately execute their responsibilities and satisfy their constitutional requirement of the right to a healthy environment.