The Extractive Industries’ Regulation and the Protection of the Human Right to a Healthy Environment in Mozambique
摘要
Mozambique is a country rich in natural resources, including forestry and minerals, which is steeped in the dilemma of resource exploitation, the protection of the environment, and the realisation of human rights. Indeed, the economic prospect of the exploitation of natural resources in Mozambique has been exerting unprecedented environmental pressure in several areas. Even though the legal instruments adopted to regulate the exploitation of the various natural resources such as forest, mineral, and oil, have safeguarded the need to guarantee environmental protection (either through the obligation to assess the environmental impact, as a prerequisite for the granting of resources exploitation licenses, or through the obligation to adopt good environmental practices during the exploitation activities), there have been situations of excesses in the observance of environmental standards by economic operators in the extractive industry in Mozambique. The indiscriminate felling of trees in some situations is illegal, and the pollution of rivers because of mining activities, have jeopardised the well-being of the populations surrounding the areas of exploitation, who see their right to a healthy environment being systematically violated. Based on a hermeneutic approach, this chapter evaluates the effectiveness of environmental protection rules and standards in the context of extractive industries’ operations in Mozambique. It determines the extent they guarantee the constitutional protection of the right to a healthy environment. Furthermore, the chapter examines the public policy intervention measures to mitigate the negative environmental impact of extractive industries’ activities and to safeguard the realisation of the human right to healthy environment in the country.