Mr. Matthew Sieh Wisseh
Executive Director
Environmental Eyes Consultancy and Advocacy Firm (EECAF)
After a thorough investigation and research by the Environmental Eyes and Consultancy Firm (EECAF), its attention is drawn to a significant gap in the Act establishing the Environmental Protection Agency (EPA). The act establishing the Environmental Protection Agency calls for the establishment of an environmental court in Liberia which is crucial for several reasons, as in alignment with international laws and in support of domestic legal frameworks.
EECAF wishes to note that international laws increasingly recognize the need for specialized courts to handle environmental issues. For instance, the Rio Declaration on Environment and Development (Principle 10: ย States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided. This provision emphasizes the importance of access to justice in environmental matters. It states that effective access to judicial and administrative proceedings should be ensured to individuals and groups affected by environmental harm. This principle is echoed in various international treaties, such as the Aarhus Convention ( Article 5-9),ย which guarantees public participation and access to justice in environmental decision-making.
In Liberia, the Environmental Protection Act of 2002 (Part V- Enforcement And Control, Section 33,34,35,36โฆ.1,2,3,4,5, calls for the establishment of an Environmental Court in Liberia. These provisions provide a robust framework for environmental governance. However, without a dedicated court, the enforcement of its provisions remains challenging. An environmental court would ensure that cases related to pollution, deforestation, and resource exploitation are adjudicated by judges with specialized knowledge, fostering more informed and effective decisions. This specialization is vital for understanding complex scientific data and the implications of environmental damage.
Moreover, the establishment of such a court would enhance public trust in the judicial system. Many communities affected by environmental degradation currently lack avenues for redress, leading to a sense of helplessness and disenfranchisement. An environmental court would provide these communities with a legitimate platform to seek justice, fundamental human rights, and international norms regarding environmental justice.
In conclusion, EECAF is calling on the ย Environmental Protection Agency (EPA) to draft an act for the establishment of an Environmental Court for onward submission to the 55thย Legislature in fulfillment of the EPA ACT.ย An environmental court in Liberia would not only strengthen the enforcement of domestic laws but also fulfill international commitments to protect the environment and ensure access to justice. EECAF sees this development as essential for promoting sustainable development and safeguarding the rights of future generations.
