Looking Back to Leap Forward: Twenty-One Years of the African Convention on the Conservation of Nature and Natural Resources as a Framework for Environmental Governance
摘要
Following controversies with the protection of Africa’s natural environment under the 1968 Algiers Convention, the African Convention on the Conservation of Nature and Natural Resources was revised in 2003 (Revised African or Maputo Convention). Although the Revised African Convention provides some innovative measures for Africa’s environment, it is nevertheless, important to censoriously reflect on these measures and determine to what extent they could be used to adequately protect and advance Africa’s environmental governance paradigm. In this chapter, I critically reflect on the twenty-one years of existence of the Revised African Convention as a comprehensive framework for environmental protection and conservation in Africa. I review the normative and substantive content and contour of the Revised African Convention to explore the synergies and divergencies with the African Union, its laws, and approaches in other regional and international treaties, and determine their relevance to Africa’s environmental governance and help the Revised African Convention achieve its objectives. I argue that while it is possible to welcome the Convention’s innovative provisions against the questionable ambitious provisions of its predecessor—the Algiers Convention of 1968, it is, nevertheless, important to recognise and accept that these innovative measures are equally embedded in inherent shortcomings around weak implementation and the quality of environmental regulations that could practically pre-empt their use and application in advancing Africa’s environmental protection measures and accordingly constraint the underlying aim of the Convention. Furthermore, twenty-one years is a long time to continuously have a weakly implemented and poorly regulated African environmental instrument. If these legal lacunae could be addressed, the instrument would provide a giant leap forward to Africa’s environmental governance regime.