Introduction
People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with a growing recognition of the importance of community rights in this process.[2] This article aims to delve into the legal dimensions surrounding community rights in the context of environmental decision-making in Somalia. The country is facing issues pertaining to resource management, climate change, and sustainable development. Therefore, it is imperative to comprehend the legislative frameworks governing local communities’ engagement. This article aims to provide insight into the current state of Somalia’s legal system by assessing the degree to which community rights are acknowledged and safeguarded in environmental decision-making processes.
Legal Challenges Surrounding Community Rights in Environmental Decision-Making
In the quest for a more sustainable future, society is faced with some of the most difficult and important decisions, many of which center on environmental challenges. All arms of government are involved, and they span the global, national, and local levels.[3] In the global context, community participation in environmental decision-making has gained momentum as a fundamental aspect of sustainable development. It is acknowledged that there are connections between human rights and the environment and that one cannot enjoy one’s rights in the absence of a clean, safe, and healthy environment.[4]
The Federal Republic of Somalia’s Constitution guarantees everyone the right to a safe and healthy environment. According to Article 25 of the Provisional Constitution, everyone has the right to live a long, healthy life in balance with the environment.[5] Additionally, the constitution states that everyone has the right to be safe from dangerous substances and pollutants, as well as to live in an environment that does not endanger their health or well-being. Every individual is entitled to a portion of the nation’s natural resources as long as they are shielded from exploitation that is both excessive and detrimental.[6] Further, when it comes to safeguarding the environment against anything that could endanger the ecology and its natural biodiversity, the federal government will prioritize these efforts. All citizens of the Federal Republic of Somalia have an obligation to preserve and improve the environment, as well as to take part in its creation, implementation, management, conservation, and protection.[7]
It is noteworthy that Somalia, with its rich biodiversity and fragile ecosystems, faces complex legal challenges in balancing environmental conservation and community interests.[8] The legal framework governing environmental decision-making in Somalia requires careful examination, considering both national and international perspectives.[9] While there may be legal provisions acknowledging the importance of community engagement, the practical implementation of these rights often faces obstacles which hinder the effective recognition of community rights in environmental decision-making in Somalia.[10] Further, other challenges which arise include a lack of legal awareness, limited enforcement mechanisms, and potential conflicts between traditional practices and formal legal structures. Moreover, the prioritization of immediate security concerns may divert attention and resources away from developing comprehensive environmental policies that include robust community involvement. Given the complex political and social context of Somalia, there is a need for concerted efforts to establish a stable legal framework, strengthen institutions, and promote community engagement in environmental decision-making to ensure the protection of community rights in the face of environmental challenges.[11]
Way forward
In order to enhance the effective recognition of Community Rights in environmental decision-making in the Federal Republic of Somalia, there are key elements which should be taken into consideration.
Firstly, international human rights and environmental standards that prioritize community rights should be incorporated into national laws. This can be done by ascertaining conformity with pertinent international treaties and accords to which Somalia is a signatory.
Secondly, the Republic of Somalia should create and bolster systems that allow the community to participate meaningfully in environmental decision-making. This would grant the community the right to take part in important phases, including planning, policy creation, and environmental impact assessments.
Thirdly, the Republic of Somalia should develop and implement initiatives to raise the community’s understanding of their legal rights surrounding the environment. Thus, the community should be granted the capacity to actively participate in environmental decision-making processes.
Lastly, the Republic of Somalia should guarantee adherence to environmental regulations and fortify oversight and prosecution procedures. Therefore, the deterrence of non-compliance should be enhanced, and the interests of the community rights in environmental decision-making should be safeguarded by imposing fines on violators.
Conclusion
Finally, the Federal Republic of Somalia’s legal analysis of community rights in environmental decision-making emphasizes how important it is to acknowledge and protect the community’s rights while creating environmental policies. It is clear from a thorough analysis of current legal frameworks that encouraging community engagement and input is crucial for just and sustainable development. Incorporating community viewpoints into decision-making procedures must be given top priority by the Federal Republic of Somalia as it negotiates the challenges of environmental governance. Further, preserving community rights while also pursuing national development goals must be balanced in order to promote social cohesion and environmental sustainability.
[1] Action 4 Justice, ‘Environmental Protection; Protecting the environment: land, water, air and biodiversity’ (2015) <https://action4justice.org/legal_areas/environmental-rights/> accessed 21 February 2024.
[2] European Union External Action,‘Environmental considerations in Somalia’ (28 January 2024) <https://www.eeas.europa.eu/eucap-som/environmental-considerations-somalia_en> accessed 21 February 2024.
[3] Leroy Paddock, Robert L. Glicksman, Nicholas S. Bryner, Decision Making in Environmental Law, (Edward Elgar Publishing Ltd, Abingdon, UK, 2016) 512.
[4] Geneva Environment Network, ‘Human Rights and the Environment’ (19 February 2024) <https://www.genevaenvironmentnetwork.org/resources/updates/human-rights-and-the-environment/> accessed 22 February 2024.
[5] Federal Republic of Somalia, National Environmental Policy, (2019) 6.
[6] The Federal Republic of Somalia Provisional Constitution, 2012, art. 25.
[7] Id, art. 45.
[8] United Nations Environment Programme, The State of the Environment in Somalia a Desk Study, (2005) 18.
[9] Abubakar Mohamud Abubakar, Environmental regulation of emerging offshore oil and gas activities in Somalia, World Maritime University, (2019) 11.
[10] Menkhaus Ken, ‘Governance without Government in Somalia Spoilers, State Building, and the Politics of Coping’ (2006) 31(3) International Security, <http://www.jstor.org/stable/4137508> accessed 29 February 2024.
[11] United Nations, ‘Somalia needs ongoing international help to tackle rights challenges, says UN expert’ (25 July 2019)<https://www.ohchr.org/en/press-releases/2019/07/somalia-needs-ongoing-international-help-tackle-rights-challenges-says-un> accessed 28 February 2024.
