Environmental rights and justice under the Namibian Constitution
Colonialism, apartheid and the unequal distribution of resources have curbed human rights and challenged progress in Namibia for a long time. Today, that is, 20 years after Independence1 and the promulgation of the Constitution of the Republic of Namibia,2 the country still faces challenges that impede, inter alia, the development of environmental justice and the explicit recognition of environmental (human) rights. The adoption of a human rights framework and culture in terms of the Namibian Constitution of 1990 has without doubt been a positive attribute of the country since it gained independence. The Constitution serves as the fundamental and supreme law, and the Namibian Government is subordinate to it.3 The Constitution also established a new regime relating to natural resources in the country.4 Regardless of the aforementioned, the legal milieu in support of environmental rights and justice is still far from perfect. In its first part, this article examines the categorisation and concept of environmental rights and justice in general, and then views the Namibian constitutional dispensation in that light. The article intends to establish whether and to what extent environmental (human) rights are explicitly or implicitly recognised in Namibia, demonstrating at the same time how human rights and the environment are interrelated and indivisible.
Human Rights and the Rule of Law in Namibia
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Environmental rights and justice under the Namibian Constitution_2008.pdf | 415.95 KB |