Legislative and institutional constraints in access to justice in environmental disputes especially post EMCA 1999, and the way forward

Abstract

The concept of justice is concerned with treatment of people that is fair and right, or the legal process of judging and punishing people. It includes the right of every person to have equal access to independent and impartial courts or tribunals and at the same time be accorded a fair hearing. It is a fundamental right as was proclaimed under Article 8 of the Universal Declaration of Human Rights on10th December 1948.Environmental justice on the other hand, has its origin in international environmental law and is a more recent phenomenon. In 1972, the United Nation Conference on Human Environment, the "Stockholm Conference" enacted several principles to guide humanity in the preservation and enhancement of human environment and was followed 20 years later in 1992 by the United Nation Conference on Environment and Development (UNCED) in Rio de Janeiro, which adopted several declarations, popularly referred to as the "Rio Declaration". Principle 10 of the Rio Declaration states that:- "Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and I Universal Declaration of Human Rights - United Nations, Article 8 reads:- "everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."

activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided. "