Tag: Accountability



Brazilian Ministerio Publico’s Environmental Actions

Article 225 of the Brazilian Constitution states: “All have the right to an ecologically balanced environment, which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.” The 1988 Brazilian Constitution provides the Ministerio …   Continue readingBrazilian Ministerio Publico’s Environmental Actions

Mexican National Human Rights Commission’s Environmental Actions

In Mexico, the Comisión Nacional de los Derechos Humanos (CNDH) has played an important part in addressing environmental harms. A constitutional reform in 1999 gave the CNDH full autonomy as an agency with its own budget. The mandate of the CNDH is to “protect, observe, promote, study, and disseminate the human rights protected by the Mexican legal system.” To this …   Continue readingMexican National Human Rights Commission’s Environmental Actions

The Joint Public Advisory Committee of the North American Commission for Environmental Cooperation

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America's environment through the North American Agreement on Environmental Cooperation (NAAEC), which came into force at the same time as the North American Free Trade Agreement (NAFTA). The NAAEC established an intergovernmental organization, the Commission for Environmental …   Continue readingThe Joint Public Advisory Committee of the North American Commission for Environmental Cooperation

Decision of the Mexican Supreme Court of Justice: Amparo No. 631/2012 (Independencia Aqueduct)

The Yacqui Tribe from Sonora, Mexico, filed an amparo action against the Secretaría de Medio Ambiente y Recursos Naturales (SEMARNAT/Mexican Ministry of Environment and Natural Resources) concerning the construction of the Independencia aqueduct, which is designed to remove 60 million cubic metres of water from the Yaqui River to supply water to the city of Hermosillo. …   Continue readingDecision of the Mexican Supreme Court of Justice: Amparo No. 631/2012 (Independencia Aqueduct)

The Submissions on Enforcement Matters Process of the Commission for Environmental Cooperation

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America’s environment through the North American Agreement on Environmental Cooperation (NAAEC), which came into force at the same time as the North American Free Trade Agreement (NAFTA). Articles 14 and 15 of the NAAEC provide for a procedure known as the Submissions on Enforcement …   Continue readingThe Submissions on Enforcement Matters Process of the Commission for Environmental Cooperation

Sustainability School Programme, Uganda

The National Association of Professional Environmentalists (NAPE) is committed to sustainable solutions to Uganda’s most challenging environmental problems through, among other things, monitoring government actions, conducting research, providing educational materials, and organizing affected communities. Since 2010, NAPE has conducted a Sustainability School Programme …   Continue readingSustainability School Programme, Uganda

Environmental Administrative Tribunal

The Environmental Administrative Tribunal, created by the Costa Rican government in its 1995 Environment Act No. 7554, has jurisdiction to hear complaints for violations of all laws protecting the environment and natural resources (art. 111). The Tribunal can carry out on-site visits to determine the nature of environmental damage, and when it finds that a violation has …   Continue readingEnvironmental Administrative Tribunal

Environmental Jurisprudence of the Supreme Court of the Philippines

The Philippines’ Constitution includes as a State policy that “[t]he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” The first major case the Court decided with regard to this clause was the Minors Oposa case, in which the plaintiffs filed a class action law suit on behalf …   Continue readingEnvironmental Jurisprudence of the Supreme Court of the Philippines

Amparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Article 48 of the Costa Rican Constitution provides for the remedy of amparo in order to maintain or re-establish the enjoyment of rights set out in the Constitution, as well as those of a fundamental nature established in international human rights treaties enforceable in Costa Rica. The amparo cause of action has been construed very broadly, to allow …   Continue readingAmparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Rules of Procedure for Environmental Cases

The Supreme Court of the Philippines has enacted Rules of Procedure for Environmental Cases that include many mechanisms to facilitate petitioners to bring cases before the Court. The Rules, which list as an objective “[t]o protect and advance the constitutional right of the people to a balanced and healthful ecology,” include a broad standing provision for citizens …   Continue readingRules of Procedure for Environmental Cases

Certificación para la Sostenibilidad Turística en Costa Rica/Costa Rica’s Certification for Sustainable Tourism

The Costa Rican Tourism Board (ICT) is an autonomous body under the Ministry of Tourism. Among other tasks, it administers the Certification for Sustainable Tourism (CST) programme, a voluntary points-based system created in 1998 to recognize enterprises’ efforts towards environmentally friendly practices and business models. ICT evaluates each participating business …   Continue readingCertificación para la Sostenibilidad Turística en Costa Rica/Costa Rica’s Certification for Sustainable Tourism

Provedor de Justiça Portuguesa (Portuguese Ombudsperson) Actions on Environmental Protection

Article 23 of the Portuguese Constitution provides that “Citizens may submit complaints against actions or omissions by the public authorities to the Ombudsperson, who shall assess them without the power to take decisions and shall send the competent bodies such recommendations as may be necessary in order to prevent or make good any injustices.” Article 67 of the …   Continue readingProvedor de Justiça Portuguesa (Portuguese Ombudsperson) Actions on Environmental Protection

The Environmental Jurisprudence of Costa Rica’s Constitutional Court

The Constitutional Chamber of the Costa Rican Supreme Court has actively implemented the constitutional right to a healthy environment. Since 1995, much of the case law of the Constitutional Chamber has concerned the application of article 50 of the Costa Rican Constitution, which sets forth the right to a healthy environment. The Constitutional Chamber has defined the …   Continue readingThe Environmental Jurisprudence of Costa Rica’s Constitutional Court

Environmental Management Committee (EMC ): A Joint Monitoring Body of Civil Society, Government and the Private Sector in South Africa

In 2008 an Australian company, Coal of Africa (CoAL), applied for a mining right in South Africa on land less than seven kilometres from the boundaries of a UNESCO recognised World Heritage Site called the Mapungubwe Cultural Landscape. A civil society organisation called Save Mapungubwe Coalition formed and undertook a wide variety of strategies that included engaging …   Continue readingEnvironmental Management Committee (EMC ): A Joint Monitoring Body of Civil Society, Government and the Private Sector in South Africa

Costa Rican Ombudsperson’s Environmental Actions

he Office of the Ombudsperson is an independent body of the Costa Rican Legislature, which has the general responsibility of protecting the rights and interests of Costa Ricans by ensuring that the public sector meets standards set by the Constitution, statutes, conventions, treaties and general principles of law, as well as standards of morality and justice. It has the …   Continue readingCosta Rican Ombudsperson’s Environmental Actions

National Human Rights Commission of Thailand: Koh Kong Sugar Plantation Case

The National Human Rights Commission of Thailand (NHRCT) received a complaint in January 2010 from Community Legal Education Center (CLEC), a Cambodia-based organisation, regarding alleged human rights violations in the Koh Kong sugar cane plantation in Cambodia. The allegations included that a Thai company, through its Cambodian subsidiaries, acted unlawfully. Alleged …   Continue readingNational Human Rights Commission of Thailand: Koh Kong Sugar Plantation Case

Ombudsperson on Human Rights’ Focus on Environment

The 1990 Constitution established the Institution of the Ombudsperson of Croatia and mandates it to promote and protect human rights and freedoms enshrined in the Constitution, laws and international human rights treaties that Croatia has ratified. Since 2013, Croatia’s current Ombudsperson has implemented three specific areas of work that address environmental issues. …   Continue readingOmbudsperson on Human Rights’ Focus on Environment

Citizen Suit Provisions in Environmental Law

Many of the federal environmental laws in the United States allow members of the public to initiate lawsuits in federal court against actors, including corporations, that violate requirements imposed pursuant to federal environmental laws and regulations. Although these provisions are colloquially referred to as authorizations for “citizen suits,” they do not require …   Continue readingCitizen Suit Provisions in Environmental Law

Advocacy and Ecology: Monitoring of “Hot Spots”

Since 2005, EcoLur has undertaken public information campaigns through the monitoring of ecological “hot spots.” The monitoring analyses the compliance of government authorities’ decisions with, among other things: Article 33.2 of the Armenian Constitution, which provides that everyone shall have the right to live in an environment favorable to his or her health and …   Continue readingAdvocacy and Ecology: Monitoring of “Hot Spots”

AKOBEN, Community Environmental Awareness Programme

AKOBEN is a programme that makes environmental law and administrative processes more accessible to communities that do not have the capacity to understand the legal system. It uses a five colour rating scheme to assess the performance of mining and manufacturing operations in a manner that is easily understood by the public. Ratings are annually disclosed to the general …   Continue readingAKOBEN, Community Environmental Awareness Programme

Hungary’s Ombudsman for Future Generations

Article P of Hungary’s Constitution provides that: “Natural resources, in particular arable land, forests and the reserves of water, biodiversity, in particular native plant and animal species, as well as cultural assets shall form the common heritage of the nation; it shall be the obligation of the State and everyone to protect and maintain them, and to preserve them …   Continue readingHungary’s Ombudsman for Future Generations

Jurisprudence of the Supreme Court of India Relating to Environmental Protection

Article 21 of the Indian Constitution of 1949 provides for the fundamental rights to protection of life and personal liberty, stating that “[n]o person shall be deprived of his life or personal liberty except according to procedure established by law.” The Indian Supreme Court in a series of decisions has connected Article 21 with a right to a healthy …   Continue readingJurisprudence of the Supreme Court of India Relating to Environmental Protection

India’s National Green Tribunal

India has created a “green tribunal” to address environmental harms. The National Green Tribunal, which has been operating since July 2011, was established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The Tribunal may provide relief and compensation to victims of pollution …   Continue readingIndia’s National Green Tribunal

Mendoza Beatriz Silva v. National Government of Argentina

Section 41 of Argentina’s Constitution states: “All inhabitants are entitled to the right to a healthy and balanced environment fit for human development in order that productive activities shall meet present needs without endangering those of future generations; and shall have the duty to preserve it. As a first priority, environmental damage shall bring about the …   Continue readingMendoza Beatriz Silva v. National Government of Argentina

Cost Rules for Access to Justice in Environmental Matters

Ireland’s Environment (Miscellaneous Provisions) Act 2011 seeks to minimize costs associated with qualifying environmental cases by requiring parties, with some exceptions noted below, to bear their own costs in litigation. According to the Act, the cost provisions apply to a “civil proceeding for the purpose of ensuring compliance with, or the enforcement of, a …   Continue readingCost Rules for Access to Justice in Environmental Matters

Land and Environment Court of New South Wales

Established in September 1980, the Land and Environment Court of New South Wales is the first specialist environmental superior court in the world. Located in Sydney, the court’s purposes include safeguarding and maintaining: equality of all before the law; access to justice; and fairness, impartiality and independence in decision-making processes that are consistently …   Continue readingLand and Environment Court of New South Wales

National Inquiry as an Investigation Strategy of the Malaysian National Human Rights Commission

The National Human Rights Commission of Malaysia (SUHAKAM) uses “national inquiries” in order to look into systemic human rights issues. By adopting a broad-based human rights approach, the Commission can examine a large situation as opposed to an individual complaint. National inquiries have a dual focus, fulfilling both fact finding and educational roles. SUHAKAM …   Continue readingNational Inquiry as an Investigation Strategy of the Malaysian National Human Rights Commission