The Environmental Management Agency (EMA) is urging the establishment of a specialized “green bench” within Zimbabwe’s judicial system to improve the delivery of environmental justice. This proposal, supported by participants at a recent research symposium organized by EMA and various institutions, calls for the creation of dedicated environmental courts staffed by specialized judges capable of handling complex environmental cases.
This recommendation comes against a backdrop of increasing global concern over environmental issues, particularly those related to climate change. Research presented at the symposium highlighted the interconnected nature of environmental challenges, ranging from the health risks associated with poor waste management to the intricate links between climate change, water scarcity, and women’s rights.
Presentations at the event covered topics such as the spread of diseases due to inadequate solid waste management, the disproportionate impact of climate change on women, displacement caused by rural-urban development, and the fundamental environmental rights enshrined in Section 73 of the national Constitution.
A representative from the Zimbabwe Environmental Law Association (ZELA) emphasized that despite the constitutional recognition of environmental rights, the country has yet to fully implement these rights in practice. While the Constitution and the Environmental Management Act both provide for these rights, the absence of dedicated environmental courts, unlike in neighboring Kenya, hinders effective enforcement and the fair resolution of environmental disputes.
The symposium underscored that Zimbabwe, like many countries worldwide, is facing the interconnected crises of climate change, biodiversity loss, and pollution. These crises have direct and indirect consequences for fundamental human rights, necessitating a thorough understanding of the Constitution’s role in advancing environmental justice and equity.
Participants stressed the need for enabling legal frameworks that respect, protect, and fulfill environmental rights. They also highlighted the importance of strengthening people-centered and effective institutions, increasing access to justice, and promoting legal empowerment in matters related to the environment and climate change.
The overarching principle is that no group or community should disproportionately bear the burden of hazardous environmental exposures or natural disasters, emphasizing the right of all people to live in safe and healthy environments with equal protection and meaningful participation in environmental decision-making. EMA also raised concerns about the high levels of biodegradable waste in the country.