The right to environment in article 54 of the transitional constitution of the Democratic Republic of Congo of 2003 : a comparative analysis between the Democratic Republic of Congo and the Republic of South Africa

Abstract

This study examines the implementation and enforcement of the right to environment in the Constitution of the Democratic Republic of Congo, and compares it with the situation in South Africa. To date, there is no legislation in the DRC that gives effect to this right, and the gap between the guaranteed right and the reality remains significant. Guidance may be found in the South African model for implementing and enforcing environmental right(s) which is sustained by an array of legislation. While the priorities on the agenda of political leaders in the DRC lack real willingness to deal with this matter, parliament must be pressured to pass legislation that gives effect to the right to environment and to improve the current framework of environmental regulation. It is imperative to create awareness in government and at grassroots level for the protection of the environment as a human right.