There’s been a lot of talk about how damaged Earth’s environment is. Maybe there’s been too much talk and not enough action. Nobody seems to hold polluters accountable for flouting regulations without any repercussions.
Every country has environmental laws that serve as a legal framework to safeguard the natural habitats, wildlife, and human health within its borders. However, the mere existence of environmental laws does not guarantee their effectiveness. Their efficacy is determined by the strength of their enforcement. Without proper implementation, laws are just empty words on paper, and the destruction of our environment remains unpunished.
Crafting effective laws that aim to address the complexities of environmental issues is a difficult task. There seems to be a significant gap between passing a law and enforcing it. Environmental law enforcement agencies face several challenges, such as limited budgets, limited personnel, and limited technical capacity. Consequently, they struggle to monitor sustainability compliance efficiently. Additionally, they are under considerable political pressure to balance economic interests and diplomatic ties before prioritising environmental protection.
As things are now, there is no one to protect ordinary citizens from being forced to breathe bad-quality air, animals being pushed to the brink of extinction by destroying their habitats, and communities being exposed to hazardous pollutants that affect respiratory health, water quality and overall well-being. Not to mention that through our lax action, carbon emissions continue to be pumped into the atmosphere, exacerbating global warming and climate crisis.
Landmark Climate Cases
Thankfully, some people are taking action. Ordinary citizens have been known to lodge and win legal cases against toothless government departments meant to protect us.
Publicised landmark climate cases significantly raise awareness of individuals' power in shaping environmental policy, enforcing legal accountability, and encouraging human rights protection. Lawsuits against governments and businesses seek to enforce the protection of vulnerable communities. These cases serve as beacons of hope, urging collective action to bridge the gap between legislative intent and effective enforcement.
Swiss Women’s Victory
In a groundbreaking ruling, the European Court of Human Rights (ECHR) sided with 2,000 Swiss women who sued their government for failing to combat the adverse effects of climate change.
This verdict can influence courts across Europe and beyond as it addresses human rights violations related to climate change. It recognises climate change as a human rights issue, and the ruling empowers communities to seek justice and hold governments accountable.
U.S. Youths’ Precedent
Similarly, a group of U.S. youths won a landmark climate case, emphasising their right to be free from the adverse effects of climate change.
This precedent informs national and international cases, urging greater climate priority and accountability for human rights harms. One of the plaintiffs, Rikki Held, a 22-year-old environmental science student, said, “Young people and future generations don't have a say in a lot of decisions about climate, so that's why we need to go through the courts and have the courts protect our human rights. Climate change affects everyone, but young people are disproportionately affected.” (Youth Environmentalists Win Historic Climate Trial in Montana.
(https://edublogs.dogonews.com/2023/9/5/youth-environmentalists-win-historic-climate-trial-in-montana)
Amid record heatwaves and wildfires that affect most of the world now, their win underscores the urgency of climate action. United Nations Human Rights Chief Volker Turk said, “The ruling recognises that every ton of greenhouse gas emissions matters”. He also called for science-based actions to safeguard our planet for future generations.
The rise of global climate litigation reflects growing awareness of environmental challenges among ordinary citizens. We are amplifying the call for stronger climate policies and emphasising the interconnectedness of human rights and environmental well-being.
Asbestos-Related Diseases and Legal Remedies
Besides the need for clean air, humans also need safe places to live and work. Asbestos exposure remains a critical issue worldwide, affecting countless lives despite companies that use asbestos in their products being aware that this substance can cause serious health issues. I guess awareness that it makes people sick does not beat asbestos’ cheapness and insulation properties, which are great for the financial bottom lines of companies that sell asbestos-containing products.
Prolonged exposure to asbestos fibres in humans can cause lung diseases like mesothelioma, asbestosis, or lung cancer. Victims are then advised to pursue compensation through lawsuits against employers, manufacturers, and other responsible parties, where they can receive financial compensation for medical expenses, lost wages, and pain and suffering. Still, many cases are won, but the plaintiff dies.
The Asbestolux case in the U.K. stands as a significant victory for asbestos victims. In this legal battle, plaintiff Glyn Francis fought for justice after being exposed to asbestos. The court recognised the harm caused by asbestos, and the parties responsible for the exposure were held accountable. This landmark decision set a precedent for future cases. The ongoing struggle for justice in asbestos-related matters underscores the need for robust legal frameworks, corporate responsibility, and advocacy to protect workers and affected individuals.
Asbestos Roof Removal Scandal Trial in South Africa
The gap between environmental laws and enforcement in South Africa seems wider than in other countries. Whether it’s introducing renewable energy into the national grid or removing asbestos from housing for people with low incomes, everything gets politicised, and even when a court verdict is passed, nothing changes.
The multi-million Rand asbestos roof removal trial, which was supposed to start now in the Free State High Court in Bloemfontein, has been postponed to June 14th. This case involves former African National Congress (ANC) Secretary-General Ace Magashule, former Free State Premier Ace Magashule, and 17 co-accused. They are facing more than 70 counts of fraud, corruption, and money laundering related to the irregular awarding of a R255-million asbestos roof removal contract in the Free State.
This trial holds immense importance as it sheds light on the indiscriminate use of asbestos in houses meant for the most vulnerable population group and seeks to hold those responsible accountable for their actions. It should be a clear-cut case, but it is politicised, and postponement after postponement makes it seem unlikely that the guilty will ever be punished. This case has only one redeeming factor: although there were numerous attempts by some accused to have charges dropped, the courts have upheld the case, emphasising the urgency of addressing corruption and ensuring justice prevails.
Bridging Environmental Laws and Enforcement Gap
The strategies to bridge the gap between environmental laws and enforcing sustainable practices may seem simple. For instance, governments could allocate sufficient resources to enforcement agencies. Then, those agencies could conduct regular inspections, apply penalties or fines to transgressors, and create incentives to encourage compliance. However, in cases where the polluters fund the government coffers or key political players, they want to keep the agencies as weak as possible to ensure that the money keeps flowing and forget about the environment.
Strategies like implementing reporting mechanisms to encourage citizen participation in reporting environmental transgressions and whistleblower protection would enhance accountability and bring offenders to justice.
Environmental challenges go beyond borders and encourage imitative initiatives. Should some countries begin taking environmental action against major corporations and demanding they adopt sustainable practices, others may follow. This international collaboration would ensure consistent enforcement across nations.
Bridging the gap between legislative aspirations and practical enforcement is crucial for a sustainable future. It requires collective commitment from the government, informed citizens, and dedicated environmental agencies to safeguard our planet.
Comments