Dramatic growth in laws to protect environment, but widespread failure to enforce, finds report

The first-ever global assessment of environmental rule of law finds weak enforcement to be a global trend that is exacerbating environmental threats, despite prolific growth in environmental laws and agencies worldwide over the last four decades.

Despite a 38-fold increase in environmental laws put in place since 1972, failure to fully implement and enforce these laws is one of the greatest challenges to mitigating climate change, reducing pollution and preventing widespread species and habitat loss, the UN Environment report found.

The report is being released as climate experts and political and economic leaders seek to address dire findings released in October by the United Nations’ Intergovernmental Panel on Climate Change, which urged rapid action to transform the global economy at a speed and scale that has “no documented historic precedent.”

“This report solves the mystery of why problems such as pollution, declining biodiversity and climate change persist despite the proliferation of environmental laws in recent decades, ”David Boyd, UN Special Rapporteur on Human Rights and the Environment said, “ Unless the environmental rule of law is strengthened, even seemingly rigorous rules are destined to fail and the fundamental human right to a healthy environment will go unfulfilled.”

While international aid did help countries to enter into over 1,100 environmental agreements since 1972 and develop many environmental framework laws, neither aid nor domestic budgeting has led to the establishment of strong environmental agencies capable of effectively enforcing laws and regulations. The report authors identify multiple factors contributing to poor enforcement of environmental rule of law, including poor coordination across government agencies, weak institutional capacity, lack of access to information, corruption and stifled civic engagement.

The report details the many developments in environmental law since 1972, including the adoption of a constitutional right to a healthy environment by 88 countries, with another 65 countries having enshrined environmental protection in their constitutions. In addition, over 350 environmental courts and tribunals have been established in over 50 countries, and more than 60 countries have at least some legal provisions for citizens’ right to environmental information.

The report devotes significant attention to one particularly worrying trend: the growing resistance to environmental laws, which has been most evident in the harassment, arbitrary arrests threats, and the killing of environmental defenders.

The effective engagement of an informed civil society results in better decision making by government, more responsible environmental actions by companies, and more effective environmental law.

Read and download the Environmental Rule of Law First Global Report.

Original source: UNEP
Published on 24 January 2019