South Africa recognised the right to a healthy environment 25 years before the UN General Assembly, but outdated laws and a lack of enforcement mean environmental racism persists.
Listen to this article 12 min Listen to this article 12 min During a Human Rights Council session on 17 September 2024, UN Special Rapporteur Marcos Orellana noted that South Africa still grappled with the "crude legacy of pre-1994 environmental racism" and that this was being exacerbated by outdated laws and inadequate enforcement.
Orellana referred to systemic discrimination resulting in the disproportionate effect of environmental hazards on marginalised and low-income communities along racial lines - from pervasive air and water pollution to chemical pollution.
Orellana - the UN Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes - noted the progressive nature of the South African Constitution on human rights.
He said the country's Constitution recognised the right to a healthy environment 25 years before the UN General Assembly recognised that right in 2022. Nevertheless, environmental racism, rooted in colonialism and apartheid policies, continues to resonate in South Africa today.
Orellana presented his report after visiting SA in 2023 and engaging with several government departments, civil society groups and local communities.
The report, published in July 2024, assessed the country's efforts to prevent and address the negative impacts...
