Article 66 of the African Charter and the Gateway to Supplementary Standards: A Protocol to Supplement Article 24 on the Right to a General Satisfactory Environment?
摘要
In this chapter, we rely on the normativity of Article 66 of the African Charter on Human and Peoples’ Rights, to advocate for the adoption of a protocol to supplement Article 24 on the right to a general satisfactory environment favourable to the development of African peoples. We contend that such a protocol could strengthen Article 24 by addressing the criticisms about the right and in doing so, fundamentally change the way the right is perceived and implemented, and ultimately provide a sustainable future for Africa’s environmental governanceenvironmental governance. In making this proposition, we extrapolate and transpose previous usage of Article 66 into the environmental context, arguing that its application here should not be seen as an exception, but as a useful need. We provide tentative content of the proposed protocol and juxtapose it against a critical reflection of article 24 of the African CharterAfrican Charter. Our theoretical premise is that forty-three years after the adoption of the African Charter and the entrenchment of legally binding environmental rights fundamental questions remain unanswered, requiring urgent answers and clarification. Questions such as why has article 24 failed to include procedural rights measures? What is the meaning of people within the context of article 24? What is the meaning of a satisfactory environment under Article 24? Does article 24 also apply to individuals’ environmental rights? Does the article extend to children’s rights who are most vulnerable to environmental pollution and climate change impacts? What is the relationship between article 24 and climate change governance in Africa? We contend and demonstrate that the African Commission on Human and People’s Rights,African Commission on Human and People’s Rights, and the African Court on Human and People’s Rights jurisprudence have failed to provide satisfactory answers to these questions. This failure has not adequately addressed Africa’s ecological concerns and adjusted them to current environmental trends and developments. Accordingly, the apparent failure to address Africa’s ecological issues sustainably and holistically raises pertinent concerns about the future of Africa’s environmental governance paradigm.