The Right to a Healthy Environment in the Democratic Republic of Congo: A Right of Ambiguous Effectiveness

Abstract

Today, living in a healthy environment remains an ongoing quest, despite the affirmation of the right to a healthy environment by various national and international legal instruments. The Stockholm and Rio conferences were the starting point for raising awareness of the dangers posed by human activities. To this end, the States undertook to confer on every individual the right to live in a healthy environment. It was only after a struggle by the Human Rights Committee that the right to a healthy environment was recognized as a human right. It is now a subjective right recognized for every human being. The Congolese legislature enshrined this right in article 53 of its constitution. The constitutionalisation of this right gives it the status of a justiciable right. For 17 years now, this right has remained more theoretical than practical in the Democratic Republic of Congo, even though it is a constitutional right. There are several reasons for this theorizing, such as the low number of cases referred to the courts, or the fact that it is impossible to do so, and the absence of environmental litigation. Yet there are many solutions that can make the right to a healthy environment effective in this country. In light of these issues, the study answers the following question: Can violations of the right to a healthy environment be justiciable before Congolese courts? The constitutionalisation of the right to a healthy environment as a human right implies a constitutional obligation on Congolese courts and tribunals to apply not only the Constitution, but also international treaties and agreements enshrining this right and forming an integral part of the Constitution.