The Right to a Clean, Safe and Healthy Environment Under the African Human Rights System

Although no universal human rights treaty expressly guarantees the right to a clean, safe and healthy environment, the majority of such treaties regard a hygienic environment as a precondition for the enjoyment of, for example, the rights to life, health,

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Edited by Michael Addaney · Ademola Oluborode Jegede

Human Rights and the Environment under African Union Law

Michael Addaney Ademola Oluborode Jegede Editors

Human Rights and the Environment under African Union Law

Editors Michael Addaney Research Institute of Environmental Law Wuhan University Wuhan, China

Ademola Oluborode Jegede Department of Public Law University of Venda Thohoyandou, South Africa

University of Energy and Natural Resources Sunyani, Ghana

ISBN 978-3-030-46522-3    ISBN 978-3-030-46523-0 (eBook) https://doi.org/10.1007/978-3-030-46523-0 © The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: kenkuza_shutterstock.com This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Foreword

This book on Human Rights and the Environment under African Union Law is a timely publication. Africa and its people depend on the environment for their well-being and survival. The African continent’s biodiversity and cultures are unique in the world and Africa includes some of the last wilderness areas in the world. Unfortunately, that is also Africa’s downfall as its rich mineral and biological resources are exploited by non-­Africans and multi-nationals. The Global North prescribes measures for the Global South that are not always implementable within an African context. In the end it is the people that suffer and their human rights that are trampled upon. Africa has other challenges too, such as failed governments, increased urbanization, poaching, climate change as well as climate-­induced migration, to mention a few. This is a book on African environmental governance by Afric