Children's Access to Justice for Environmental Rights | Tanzania

This report looks at whether the laws and policies in Tanzania make it possible for children to access their environmental rights.

Although environmental rights are not expressly protected by the Constitution, Articles 9 and 27 of the Constitution (preservation of natural resources for the common good, and every person's duty to protect Tanzania’s natural resources) arguably provide a basis for protecting environmental rights. The judiciary has predominantly relied on Article 14 of the Constitution (right to life) when presented with environmental protection cases. This right has broadly been interpreted to include a right to live in a clean and healthy environment. However, since the Constitution does not make direct reference to the right to a clean and healthy environment, environmental litigation is more complex and makes access to justice difficult.

The preeminent piece of environmental legislation is the Environmental Management Act (EMA) (2004), which provides for the management of the environment on a more holistic level. The EMA can issue environmental restoration orders against violators, require projects to include Environmental Impact Assessments and has established the National Environment Management Council. The EMA also provides environmental rights to individuals affected or with an interest in any environmental matter, and civil society has standing to bring an environmental claim. However, in general, the Tanzanian judiciary has not taken up opportunities that arise to develop the jurisprudence of environmental justice through case law, and there are limits to the lengths the judiciary will go to make the Environmental Management Act a panacea for environmental protection. 

The National Youth Development policy stipulates that a mechanism will be created to involve youth in the management of the environment, but currently there is no specific policy addressing children’s exposure to toxins or legislation that directly addresses the connection between Tanzania’s children and the environment. It is also not clear if employment laws apply to children who are working in hazardous conditions (eg. mines) despite toxic exposure affecting children’s health and development. This, as well as the rules of standing for children, the burden of proof being on the plaintiff to prove personal injury as a result of toxic exposure and the lack of legal aid provision, point to the finding that children lack access to justice in Tanzania.

The Law of Children Act (2009) provides a framework for the protection and realisation of children’s rights. Furthermore, children’s rights to freedom of assembly, expression and association are protected by the Constitution and international law. Nevertheless, there are significant obstacles for asserting children’s rights in Tanzania including, the right to vote being explicitly reserved for over 18s, the fact that corporal punishment remains lawful in schools and constraints on children’s participation in online civic space (ie. Cybercrimes Act and the Electronic and Postal Communications (Online Content) Regulations). 

This report was published in March 2023 and developed with the support of Deus Valentine, Chief Executive Officer of the Centre for Strategic Litigation as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.