Upholding the rights to health and a healthy environment in Africa through enforcing plastic ban regulations
DOI:
https://doi.org/10.31150/ajshr.v1i4.194Keywords:
right to health, right to clean environment, plastics, ban, regulation, pollution, caners, microplastics, biodegradable, micronsAbstract
Over the last century, plastic items have unquestionably eased human transactions ranging from manufacturing, transporting, packaging, and protection of goods. Despite these positive outcomes, plastics heavily contribute to environmental pollution and human ailments. The physical and visible negative effects of plastics include pollution in rivers, streams, drainages, public spaces, beaches, farms, etc. The invisible effects of plastics in the human person can potentially cause breast, endocrine, prostate, etc. cancers. The above-cited effects are a direct consequence of the violation of the right to health and the right to a healthy environment. The negative effects of the propagation of plastic items resulting in the violation of these rights have caught the attention of activists and scholars forcing international advocacy movements to advocate for the promulgation of plastic ban laws. This article investigates the effectiveness of plastic ban laws in Africa with specific emphasis on Senegal, the Democratic Republic of Congo, Rwanda, and Cameroon. This article identifies legal instruments regulating plastics and their enforcement mechanisms in the countries under study, examines shortcomings contained in their exceptions, analyzes enforcement mechanisms, but also identifies a community ownership strategy as the fundamental strategy that is working in Rwanda. The results are significant and conclude with proposals that other countries could adopt to render the enforcement of plastic ban laws and regulations more effective.
References
Achmad Juntika Nurihsan, Guidance and Counseling: In Various Life Backgrounds, Bandung: Refika Aditama, 2006.
Simo, Regis Y., Of Sustainable Development in Africa: Addressing the (In)Congruence of Plastic Bag Regulations with International Trade Rules (October 30, 2018). Brooklyn Journal of International Law, Vol. 45, No. 1 (2019), pp. 241-299, Available at SSRN: https://ssrn.com/abstract=3391826 or http://dx.doi.org/10.2139/ssrn.3391826
Rwanda N° 17/2019 of 10/08/2019 Law relating to the prohibition of manufacturing, importation, use, and sale of plastic carry bags and single-use plastic items; See also, Senegal's Law No. 2020-04 of January 8, 2020, on the prevention and reduction of the environmental impact of plastic products.
Democratic Republic of Congo Decree No. 17/018 prohibiting the production, import, marketing and use of bags, sachets, films, and other plastic packaging
Joint Ministerial Order No.0041/ MINEPDED/MINCOMMERCE of 24 October 2012, relating to the manufacture, importation, and commercialization of non-biodegradable packages
Fonja Julius Achu, Plastic packages, and the law in Cameroon. A paradigm of an uncompleted battle, International Law and Policy Research Journal Vol.3(1), pp. 001-015, August 2017 Available online at thttp://www.apexjournal.org.
Diamanti-Kandarakis E, Bourguignon JP, Giudice LC, et al. Endocrine-disrupting chemicals: an Endocrine Society scientific statement. Endocr Rev. 2009;30(4):293-342. doi:10.1210/er.2009-0002
(EESI), E., 2020. Bans On Banning Bags: The Movement To End Single-Use Plastics Faces Significant Obstacles | Article | EESI. [online] Eesi.org. Available at: <https://www.eesi.org/articles/view/bans-on-banning-bags-the-movement-to-end-single-use-plastics-faces-signific> [Accessed 29 July 2020].mom
Article 1 of Law N° 17/2019 of 10/08/2019 Law relating to the prohibition of manufacturing, importation, use, and sale of plastic carry bags and single-use plastic items
Article 4 of Law No. 2020-04 of January 8, 2020, on the prevention and reduction of the environmental impact of plastic products
Seed article 1 of Joint Order No. 004 / Minepded / Mincommerce of October 24, 2012, Regulating the manufacture, import, and marketing of non-biodegradable packaging
Article 1 of Democratic Republic of Congo Decree No. 17/018 prohibiting the production, import, marketing and use of bags, sachets, films and other plastic packaging
Article 4 of Law No. 2020-04 of January 8, 2020, on the prevention and reduction of the environmental impact of plastic products
Article 7 (1) Joint Order No. 004 / Minepded / Mincommerce of 24 October 2012 Regulating the manufacture, import, and marketing of non-biodegradable packaging.
