Organizational and legal framework for the protection of environmental human rights within the African Union

Abstract

The article analyzes the activities of the African Union (1963-2002 - Organization of African Unity) in the field of protection of environmental human rights – an intergovernmental organization created in 2002 to promote the unity and solidarity among African states, stimulate economic development and promote international cooperation, protect human rights, in particular in the environmental sphere. In particular, the category of environmental human rights includes the right to a healthy, safe and adequate environment, the highest attainable level of physical and mental health, an adequate standard of living, nutrition, the right to clean and safe drinking water, the right to receive information about the state of the environment etc. It was determined that due to the specificity of the African region, the complexity of its socio-economic processes and the existence of humanitarian crises, the protection of environmental human rights is not given sufficient attention, as a result of which the existing organizational and legal mechanism for the protection of such rights is imperfect.
 A number of international legal acts adopted under the auspices of the Organization of African Unity and the African Union regarding the promotion, guaranteeing and protection of such rights were analyzed, in particular: the African Charter on Human and Peoples’ Rights of 1981, the African Charter on the Rights and Welfare of the Child of 1990, the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa of 1991, Constitutive Act of the African Union of 2000, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) of 2003, African Convention on the Conservation of Nature and Natural Resources of 2003, Agenda 2063: The Africa we want, etc. It was determined that the basis of the institutional system for the protection of environmental human rights is the African Commission on Human and Peoples’ Rights, the Special Procedures established by the Commission, and the African Court on Human and Peoples’ Rights. The practice of protecting environmental human rights in the African region was characterized. In accordance with the stated problems, appropriate conclusions and recommendations were made.