Юристы Зимбабве призвали создать специализированные суды для защиты водно-болотных угодий

ZIMBABWE Lawyers for Human Rights (ZLHR) has launched a new publication documenting how strategic litigation is being used to combat wetland destruction and protect the country’s vital water sources, while calling for specialised courts to deal with increasingly complex environmental disputes. The publication, titled Litigating for Conservation: A ZLHR Case Analysis of Wetland and Vital Water Sources Protection in Zimbabwe, examines major cases handled by the organisation and highlights persistent weaknesses in the enforcement of environmental laws. The report comes as Zimbabwe’s wetlands face mounting pressure from urban expansion, mining, infrastructure development, pollution and agricultural activities. It argues that litigation has become a critical tool for compelling authorities and private developers to comply with environmental laws. ZLHR executive director Bellinda Chinowawa said while Zimbabwe had relatively strong environmental laws on paper, weak enforcement, institutional failures and delays continued to undermine their effectiveness. “Another issue that we discussed and we must discuss it more openly on this forum is judicial expertise in adjudicating environmental matters. Environmental disputes involve complex scientific evidence, planning questions, regulatory frameworks and competing constitutional rights,” Chinowawa said. “The quality of environmental justice depends a large part on whether they have the capacity and the expertise to properly engage with these issues. Our judges need specialised training and we may even benefit from having specialised environmental courts to handle cases such as these.” The call for dedicated environmental courts draws on Zimbabwe’s establishment of specialised anti-corruption courts in 2018, which were introduced to expedite corruption cases and deal with issues such as asset forfeiture. Chinowawa said the existing legal framework was failing to translate into effective environmental protection on the ground. “We have seen the difficulties of getting institutions to act, the delays and procedural obstacles that accompany litigation and the gaps between obtaining a legal remedy and actually securing compliance.” The report, researched and compiled by ZLHR secretariat member Azaria B. Kutsanzira, analyses Zimbabwe’s constitutional and statutory framework for wetland protection, including Section 73 of the Constitution, which guarantees the right to an environment that is not harmful to health or wellbeing, and Section 77, which provides for the right to safe, clean and potable water. It also examines the Environmental Management Act and Zimbabwe’s obligations under international and regional instruments, including the Ramsar Convention, the Convention on Biological Diversity and the African Charter on Human and Peoples’ Rights. The publication identifies unlawful developments undertaken without Environmental Impact Assessments, fragmented institutions, weak regulatory enforcement and disregard of court orders and regulatory directives as recurring problems. ZLHR legal officer Kelvin Kabaya said residents seeking to challenge environmentally damaging projects often faced a race against time because the law did not provide clear deadlines for authorities to determine objections. “The lack of a time frame within which those applications to Council or to suspend an Environmental Impact Assessment are determined. So section 130 of the Act for instance, allows people to challenge the issuance of EIA certificate. So you file your challenge with the Minister of Environment but unfortunately there is no time frame within which the Minister determines that challenge,” Kabaya said. He said the absence of an automatic suspension mechanism meant developers could continue with projects while legal challenges were pending. The report also argues that wetlands are indispensable to Zimbabwe’s water security, biodiversity and climate resilience, as they recharge groundwater, regulate floods, purify water and sustain communities. ZLHR said the publication was intended to serve as a resource for lawyers, policymakers, regulators, civil society organisations and communities seeking to use the law to protect the environment. Over the years, ZLHR has increasingly relied on strategic litigation to enforce constitutional rights and challenge environmental harm, positioning the courts as an important battleground in Zimbabwe’s efforts to preserve wetlands and vital water sources for future generations. 4 1 vote Article Rating