THE RIGHT TO A HEALTHY ENVIRONMENT IN EXTRACTIVE INDUSTRIES

Abstract

In Tanzania, there is a constitutional gap in recognizing healthy environment as part of human rights. Consequently, this has led to many judges adopting a conservative approach, leaving the rights of litigants in some state of uncertainty. Therefore, there is a need for people to be aware of their right to a clean and healthy environment. The right to a dirt free and healthy environment is the right to be exercised by Tanzanians both at the individual and society level. This is evident by the incorporation of the Bill of Rights in the Constitution of Tanzania. Thus it is a duty of the government to respect this right in order to guarantee that its resident is sheltered from a hazardous and an unsafe environment. Therefore; the Government has formulated policies and enacted legislation to make certain the safety and realization of the accurate sanitary surrounding in Tanzania. Regardless of these efforts there are unanswered question like, can claims for right be   instituted as a normal case or as a human right case especially when the right is not part of the Bill of Rights incorporated in the Constitution of Tanzania.  After a thorough examination of the above issues, what seem to attract more attention is that the issues above create a great threat to the implementation of this important right in Tanzania.