Examining The Banjul Charter As An Instrument For The Realization Of Environmental Justice In Trade And Investment Agreements

Abstract

The African Charter for Human and Peoples’ Rights (Banjul Charter) in Article
24 provides something close to a right for environmental protection in Africa,
thereby being interpreted to create the right to a safe and healthy environment
for the indigenous African people. While Africa has been commended for its
comprehensive human rights system, it is yet to advance in environmental
protection, despite possessing some of the world’s largest reserves of natural
resources which has attracted a lot of inordinate economic interest in Africa.
The right to a safe and healthy environment is still elusive in the Banjul Charter,
as Article 24 is a vague, indecisive provision that has often been misconstrued
as an express statement of that right. To properly frame the Banjul Charter as
an instrument with the promise of achieving environmental justice for
vulnerable communities in Africa, an exegetical approach would be engaged.
Document analysis would be done on the Banjul Charter, and journal articles.
It would be argued that despite the Banjul Charter’s perceived intention to
include a right to a safe and healthy environment, the drafting of Article 24
defeats that intention. It would be concluded that Banjul Charter offers Africa
an opportunity to fulfill its environmental, economic and social needs, if only it
can create a regional environmental protection regime on the perceived vision
of Article 24.