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THREATENED OR PROTECTED SPECIES REGULATIONS, 2007
The Threatened or Protected Species Regulations, 2007, issued under the National Environmental Management: Biodiversity Act 10 of 2004, establish a comprehensive legal framework for managing restricted activities involving listed threatened and protected species in South Africa. The regulations detail a permit system for activities such as hunting, breeding, and trade, and mandate the registration of facilities including captive breeding operations, game farms, and sanctuaries. It includes strict prohibitions on certain hunting methods and activities involving large predators and rhinoceros species, while providing mechanisms for risk assessments, appeals, and the establishment of a Scientific Authority.
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Document type: Guide
Community Casebook on Mining and Environment
The document provides a legal primer on the Mineral and Petroleum Resources Development Act (MPRDA) and details four community-led legal battles in South Africa to protect land rights and ensure transparency in mining operations.
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Document type: Guide
Climate Change Bill Webinar and Toolkit Launch
The Centre for Environmental Rights (CER) has released a toolkit to guide citizens in submitting feedback on South Africa's Climate Change Bill. The guide outlines the lawmaking process, explains the role of Nationally Determined Contributions (NDCs), and identifies critical gaps in the Bill, such as the lack of urgent timeframes for emissions targets, weak transparency provisions, and the use of an outdated 2015 NDC as an interim trajectory. It urges the public to demand stronger penalties for exceeding carbon budgets and more meaningful public participation hearings.
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Document type: Guide
Mining and your Community: Know your Environmental Rights
The guide outlines the legal framework for mining in South Africa, emphasizing the rights of affected communities to information, a healthy environment, and consultation. It details the four primary government permissions required for mining—mining/prospecting rights, environmental management plans, water use licences, and environmental authorisations—and provides a roadmap for community members to object to applications, seek compensation, and report environmental crimes.
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Document type: Guide
WHEN MINES BREAK ENVIRONMENTAL LAWS: HOW TO USE CRIMINAL PROSECUTION TO ENFORCE ENVIRONMENTAL RIGHTS
The document serves as a practical manual for South African citizens to enforce environmental rights against mining operations. It details indicators of illegal mining activity, the legal framework governing environmental crimes, and a step-by-step procedure for filing criminal charges with the police. It also explains the subsequent prosecution process and the legal protections available to whistleblowing employees.
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Document type: Guide
Climate Change & Human Rights
The document examines the intersection of climate change and human rights, detailing how environmental changes and mitigation/adaptation efforts affect fundamental rights. It highlights the vulnerability of women, children, and indigenous peoples, and reviews key international milestones such as the Malé Declaration and the Cancun Agreements. The guide recommends establishing a Special Procedure on Climate Change and Human Rights and integrating human rights protections directly into the UNFCCC framework.
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Document type: Guide
Conozca sus Derechos Frente a REDD+
The document serves as a practical guide for indigenous and local community leaders to navigate the human rights implications of REDD+ initiatives. It explains the mechanism's goals, the seven UNFCCC safeguards, and the specific collective rights—such as self-determination, land tenure, and Free, Prior and Informed Consent (FPIC)—that are often at risk. The guide provides strategic advice for negotiations and lists national and international grievance mechanisms, including the Inter-American Commission on Human Rights and World Bank inspection panels, to address rights violations.
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Document type: Guide
Know Your Rights Related to REDD+
The document outlines the basic concepts of REDD+, the associated safeguards agreed upon under the UNFCCC, and the specific human rights—such as self-determination, land tenure, and free, prior and informed consent (FPIC)—that may be impacted by forest governance initiatives. It provides practical advice for community leaders on negotiating REDD+ activities and lists national and international mechanisms for seeking justice and reporting rights violations.
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Document type: Guide
PUBLIC PARTICIPATION IN THE INTERNATIONAL TRADING SYSTEM
The document provides a detailed breakdown of how WTO documents are restricted or derestricted, categorizing them into automatic, scheduled, and unscheduled processes. It argues that the current system allows members to keep politically sensitive documents secret indefinitely and ensures that information is only released after policy decisions are finalized. The authors recommend a shift toward a presumption of immediate public availability, except for proprietary or national security information, and propose a formal agreement to grant NGOs and individuals the right to participate in WTO meetings and dispute settlement procedures.
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Document type: Guide
ClientEarth Guide on access to justice
The document analyzes the legal mechanisms for accessing justice in environmental matters within the European Union, structured around the three pillars of the Aarhus Convention: access to environmental information, public participation in decision-making, and access to justice for breaches of environmental law. It details the scope of review, standing requirements for individuals and NGOs, and the standards of judicial scrutiny required to ensure effective legal protection. The guide specifically highlights the disparities in implementation across Member States and the restrictive nature of judicial review for decisions made by EU institutions.
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Document type: Guide
Access to documents and environmental information held by EU institutions and bodies
The document outlines the legal framework and practical procedures for requesting information from EU institutions, specifically contrasting general access under Regulation 1049/2001 with the broader rights for environmental information under the Aarhus Convention and Regulation 1367/2006. It details the application process, the timelines for institutional responses, the mechanisms for challenging refusals—including the European Ombudsman and the General Court—and the specific legal exceptions institutions may invoke to withhold information.
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Document type: Guide
Access to documents and environmental information held by EU institutions and bodies
The document outlines the procedures for requesting information from EU institutions under Regulation 1049/2001 and the Aarhus Convention. It explains the broader definition of 'environmental information' under EU law, the specific obligations of institutions to provide access, and the various exceptions they may invoke to refuse requests. It further guides users through the process of making initial and confirmatory applications, and the legal avenues available for challenging denials, including the European Ombudsman and the General Court.
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Document type: Guide
Acceso y participación en los beneficios
The document provides a comprehensive introduction to Access and Benefit Sharing (ABS), focusing on the rights of indigenous peoples and local communities to ensure the "fair and equitable sharing of the benefits arising from the utilization of genetic resources." It details the roles of the Convention on Biological Diversity (CBD) and the Nagoya Protocol, emphasizing the necessity of Free, Prior and Informed Consent (FPIC) and mutually agreed terms. The guide outlines the rights and responsibilities of communities, governments, and private sector users, while highlighting challenges such as the requirement for state-recognized resource rights and the historical imbalance where resources from the Global South benefit the Global North.
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Document type: Guide
A HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS IN KENYA
The document serves as a legal empowerment guide for environmental and land rights defenders (ELRDs) in Kenya, detailing the constitutional and statutory protections available to them. It identifies key threats faced by defenders—such as harassment, illegal arrests, and forced evictions—and attributes these to drivers like competition over scarce natural resources and power inequality. The guide outlines how to lodge complaints with national bodies including the Commission on Administrative Justice (CAJ), the Independent Policing Oversight Authority (IPOA), and the Kenya National Commission on Human Rights (KNCHR). It also lists various international and regional civil society organisations that provide emergency funding and legal support to defenders.
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Document type: Guide
FROM LAND TO LEADERSHIP
The document outlines the process of creating community conservancies in Kenya, emphasizing the necessity of land registration under the Community Land Act 2016 to ensure tenure security. It details various legal registration options—including CBOs, NGOs, trusts, and cooperatives—and proposes governance models that balance community leadership with stakeholder collaboration. The guide provides a framework for developing management plans, securing wildlife, and negotiating fair contracts with private investors. Additionally, it advocates for the integration of traditional indigenous knowledge and the use of Bio-cultural Community Protocols to address climate change and biodiversity loss.
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Document type: Guide
REGIONAL AND INTERNATIONAL HANDBOOK FOR ENVIRONMENTAL AND LAND RIGHTS DEFENDERS
The handbook provides a comprehensive guide for African environmental and land rights defenders (ELRDs), detailing the threats they face—including SLAPP suits and gender-based violence—and the legal avenues available for redress. It outlines the roles of the African Commission and African Court on Human and Peoples' Rights, as well as sub-regional courts like the ECOWAS Community Court of Justice. The document emphasizes the vulnerability of women, youth, and Indigenous communities, and provides a directory of emergency funds and support organizations.
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Document type: Guide
LEGISLATION GUIDELINE FOR INVASIVE ALIEN SPECIES
The document provides a comprehensive overview of South African legislation governing alien and invasive species, primarily focusing on the National Environmental Management: Biodiversity Act and the Conservation of Agricultural Resources Act. It details the classification of invasive species, the permitting process for restricted activities, and the specific duties of land owners to control or eradicate listed species. Additionally, it explains how other laws—including those regarding water, forests, heritage, and occupational health—intersect with invasive species management, and specifies the criminal and financial penalties for non-compliance.
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Document type: Guide