The human right to a healthy environment is an inalienable right for environmental sustainability. Environmental impacts are either natural or man-made, such as air, water, and land pollution, including uncontrolled generation of toxic wastes caused by extractive industrial operations. The State of Cameroon has a constitutional and statutory duty to protect human rights including the right to a healthy environment for its people from the devastating effect of extractive industrial environmental distress through a viable environmental impact assessment (EIA) policy. However, the provision for the right to a healthy environment in the Cameroon Law No. 96/06 of 1996 which amended the Constitution of 1972 (with Amendments through 2008) is limited. For a broad perspective of this right and other interrelated human rights, the chapter relies on international and regional instruments including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the United Nations resolution A/RES/76/300 which adopted the right to a clean, healthy, and sustainable environment and the need for Cameroon to enhance its environmental law with this right, and the African Charter on Human and Peoples’ Rights (African Charter). The essence of the right to a healthy environment for human well-being affirms its connectivity with other human rights, such as the right to life, right to health, right to water and sanitation. This connectivity enables environmental sustainability which further guarantees the right to a healthy environment as will be discussed in the chapter. This chapter focuses on the extractive industries as a potential threat to the right to a healthy environment in Cameroon because it does not use resources responsibly and efficiently to sustain the health of the environment. The negative impact of extractive industries operations on the environment is predicted in the EIA which also prepares the mitigation procedure for such impacts. The EIAs are for adaptation and execution by the extractive industries to the successful completion of the project having applied all the impact procedures for environmental compliance. The discussions on the extractive industries and environmental impact in Cameroon include review for EIA non-compliance. In Cameroon, the EIA policy is enshrined in Law No. 96/12 of 5 August 1996 relating to Environmental Management. It stipulates standard procedures and guidelines for an effective EIA process. This entails each project being considered distinctly, and the distinct EIA approval published as a decree. The important role of the EIA guides the discussion to (i) assess the adequacy of EIA law provisions in the Cameroon Law No. 96/12, (ii) the need for a standard national EIA law in Cameroon, and (iii) recommendations for EIA initiatives and principles in conformity with international provisions.

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Extractive Industries and the Right to a Healthy Environment in Cameroon: The Role of Environmental Impact Assessment

  • Ebun Abolarin

摘要

The human right to a healthy environment is an inalienable right for environmental sustainability. Environmental impacts are either natural or man-made, such as air, water, and land pollution, including uncontrolled generation of toxic wastes caused by extractive industrial operations. The State of Cameroon has a constitutional and statutory duty to protect human rights including the right to a healthy environment for its people from the devastating effect of extractive industrial environmental distress through a viable environmental impact assessment (EIA) policy. However, the provision for the right to a healthy environment in the Cameroon Law No. 96/06 of 1996 which amended the Constitution of 1972 (with Amendments through 2008) is limited. For a broad perspective of this right and other interrelated human rights, the chapter relies on international and regional instruments including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the United Nations resolution A/RES/76/300 which adopted the right to a clean, healthy, and sustainable environment and the need for Cameroon to enhance its environmental law with this right, and the African Charter on Human and Peoples’ Rights (African Charter). The essence of the right to a healthy environment for human well-being affirms its connectivity with other human rights, such as the right to life, right to health, right to water and sanitation. This connectivity enables environmental sustainability which further guarantees the right to a healthy environment as will be discussed in the chapter. This chapter focuses on the extractive industries as a potential threat to the right to a healthy environment in Cameroon because it does not use resources responsibly and efficiently to sustain the health of the environment. The negative impact of extractive industries operations on the environment is predicted in the EIA which also prepares the mitigation procedure for such impacts. The EIAs are for adaptation and execution by the extractive industries to the successful completion of the project having applied all the impact procedures for environmental compliance. The discussions on the extractive industries and environmental impact in Cameroon include review for EIA non-compliance. In Cameroon, the EIA policy is enshrined in Law No. 96/12 of 5 August 1996 relating to Environmental Management. It stipulates standard procedures and guidelines for an effective EIA process. This entails each project being considered distinctly, and the distinct EIA approval published as a decree. The important role of the EIA guides the discussion to (i) assess the adequacy of EIA law provisions in the Cameroon Law No. 96/12, (ii) the need for a standard national EIA law in Cameroon, and (iii) recommendations for EIA initiatives and principles in conformity with international provisions.