Legislative and institutional constraints in access to justice in environmental disputes especially post EMCA 1999, and the way forward
Abstract
The concept of justice is concerned with treatment of people that is fair and
right, or the legal process of judging and punishing people. It includes the
right of every person to have equal access to independent and impartial
courts or tribunals and at the same time be accorded a fair hearing. It is a
fundamental right as was proclaimed under Article 8 of the Universal
Declaration of Human Rights on10th December 1948.Environmental
justice on the other hand, has its origin in international environmental law
and is a more recent phenomenon. In 1972, the United Nation Conference
on Human Environment, the "Stockholm Conference" enacted several
principles to guide humanity in the preservation and enhancement of
human environment and was followed 20 years later in 1992 by the United
Nation Conference on Environment and Development (UNCED) in Rio de
Janeiro, which adopted several declarations, popularly referred to as the
"Rio Declaration". Principle 10 of the Rio Declaration states that:-
"Environmental issues are best handled with the participation
of all concerned citizens, at the relevant level. At the national
level, each individual shall have appropriate access to
information concerning the environment that is held by public
authorities, including information on hazardous materials and
I Universal Declaration of Human Rights - United Nations, Article 8 reads:- "everyone has the right to
an effective remedy by the competent national tribunals for acts violating the fundamental rights
granted him by the constitution or by law."
activities in their communities, and the opportunity to
participate in decision-making processes. States shall
facilitate and encourage public awareness and participation
by making information widely available. Effective access to
judicial and administrative proceedings, including redress
and remedy, shall be provided. "
Citation
LLM ThesisSponsorhip
University of NairobiPublisher
University of Nairobi School of law