The right to environment under the Zanzibar constitution : a comparative analysis between revolutionary government of Zanzibar and the Republic of South Africa

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Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

University of the Western Cape

Abstract

There are practical linkages between the respective causes of human rights and environmental protection since environmental harms and human rights abuses often go together. Moreover, threats to environment can themselves constitute threats to lives and livelihoods, health, and well-being. 'A corollary is that those concerned with the protection and promotion of environmental quality may often have reason to make common cause with defenders and promoters of human rights. Principle I of the Stockholm Declaration provides that 'man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well -being, and bears a solemn responsibility to protect and improve the environment to present and future generation'. On the other hand, Principle 1 of the Rio Declaration merely provides that 'human beings are at the centre of concerns for sustainable development'. The government has to consider an environmental right in the constitution; and that environmental rights and responsibilities owed by all persons and institutions responsible in a particular society. Comparatively, the South African Constitution provides a powerful safeguard in shaping constitutional environmental rights while the Zanzibar constitution provides the general socio-and economic right which includes right to life, right to personal freedom, the freedom of expression and other related rights. From this point, the Zanzibar Constitution deserves to be examined closely in environmental rights.

Description

Magister Legum - LLM

Keywords

Environment, Policy, Law, State, Protection, Human right concept, South Africa, Tanzania, Zanzibar, Comparative

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