THE DRAWBACK OF THE RIGHT TO A CLEAN AND HEALTHY ENVIRONMENT IN TANZANIA; ANALYSIS OF THE LEGAL FRAMEWORK
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Abstract
Today in Tanzania, there is a bill of rights which provides for several rights. This is found under the constitution of the United Republic of Tanzania and this bill of rights was incorporated in 1984 following Tanzania’s fifth constitutional amendment.
However, there has been concern and criticism of Tanzania’s Human Rights record in recent years. Some sources have further suggested that Tanzania’s Human Rights record deteriorated significantly under President John Magufuli’s reign.
On the downside however, despite the fact that there has been a down-sore of human rights in Tanzania, the right to a clean and healthy environment does not even form part of the bill of rights. However, on the upside, statute law in Tanzania such as the Environmental Management Act has provided for the right to a clean and healthy under Section 4. The right to a clean and healthy environment despite it not forming part of the bill of rights has further been supplemented by case law such as the case of Joseph Kessy et al Vs. Dares Salaam City Council.
This paper shall seek to highlight that the right to a clean and healthy environment plays an integral role in attainment of sustainable development. But the fact that it is does not form art of the bill of rights in Tanzania, this paper shall show how much this is an obstacle in the attainment of sustainable development.
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