Promoting the Right to a Healthy Environment Through the Lens of Environmental Justice: Comparative Perspectives from Burkina Faso, Canada, and Nigeria
摘要
Environmental justice is a rising issue across the globe, seeking to ensure equal rights and opportunities concerning the environment. This chapter assesses the practices of three countries, Burkina Faso, Canada, and Nigeria in the promotion of the right to a healthy environment. It first examines the legal and institutional frameworks of each country concerning this right and assesses their similarities and differences in advancing the right to a healthy environment. The objective is to explore and assess the specific contexts of these countries while stressing the challenges, opportunities, and good practices. The chapter recognises that although Burkina Faso, Canada, and Nigeria have incorporated the right to a healthy environment into their legislation, environmental inequalities, and human rights violations remain serious concerns as each country faces different challenges. It was only recently, on June 13, 2023, that Canada recognised the right to a healthy environment. As for Burkina Faso, the Constitution, national laws and policies have been adopted to promote environmental justice and protect the rights of local communities, yet many violations are recorded. In Nigeria, efforts are also made to solve the problems of pollution and environmental degradation, especially through legal proceedings before national courts. However, several factors like weak enforcement of policies hinder this right. The chapter revealed that poor environmental governance, conflicts of interest, lack of implementation, and access to justice are common handicaps in the three countries. This chapter also considered that anchoring the right to a healthy environment in national legislation and implementing them are promising approaches to advancing environmental justice. Furthermore, the good practices of countries like Canada and Nigeria (creation of environmental liability mechanisms and influential judicial decisions in favour of environmental justice) could serve as a model for Burkina Faso.