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441 documents from Natural Justice
ENVIRONMENTAL COURT CASES ACROSS THE WORLD
The document details the first climate change court case in South Africa, where the High Court in Pretoria ruled that the decision to authorise the 1200MW Thabametsi coal-fired power station was irrational and unreasonable because it lacked a prior climate impact assessment. The court affirmed that climate change poses a substantial risk to sustainable development and intergenerational justice. Despite the court's order for the Minister to reconsider the appeal based on a climate change impact assessment, the Minister upheld the authorisation, leading to further legal challenges and the withdrawal of funding by three commercial banks in January 2019.
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Document type: Case study
ENVIRONMENTAL COURT CASES ACROSS THE WORLD
The High Court of Ireland ruled on 19 September 2019 that the government's 2017 National Mitigation Plan was lawful, despite reports that Ireland would fail to meet its 2020 greenhouse gas emission targets. The court determined that the government maintains wide policy-making discretion and that the Plan, as an initial step toward a 2050 goal, did not breach constitutional rights to life or bodily integrity. While the court acknowledged the scientific consensus on the need to reduce greenhouse gas emissions to mitigate global warming, it concluded that intervening in the Plan's specific targets would violate the separation of powers.
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Document type: Case study
MOHD. SALIM V. STATE OF UTTARAKHAND AND OTHERS
The Uttarakhand High Court declared the Ganges and Yamuna rivers as living entities with legal rights, appointing state officials as guardians. However, the Supreme Court of India stayed this order, citing impracticality and jurisdictional overreach.
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Document type: Case study
GLOUCESTER RESOURCES LIMITED V. MINISTER FOR PLANNING
The Land and Environment Court of New South Wales dismissed an appeal by Gloucester Resources Limited, upholding the Minister for Planning's refusal to grant consent for an open cut coal mine. The court determined that the project's estimated 38 million tonnes of carbon emissions were contrary to the public interest and the goals of the Paris Agreement. Notably, the court rejected the argument that the project's emissions were too small to be significant globally, asserting that climate change must be addressed through cumulative local actions.
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Document type: Case study
SUBMISSION OF MEMORANDUM ON THE PUBLIC PARTICIPATION BILL, 2019
Natural Justice submits a memorandum on the Public Participation Bill, 2019, arguing that the Bill's current framework is too narrow. The organization proposes amendments to guarantee that information provided to the public is not only timely but also "accurate, complete, relevant", and accessible. Key recommendations include the explicit inclusion of "minorities and marginalised groups" to comply with Article 56 of the Constitution of Kenya, the establishment of mandatory reasonable timelines for public involvement and decision communication, and the requirement that civic education must precede public participation to empower citizens.
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Document type: Report
Penhalonga Community Environmental Audit Report
The Penhalonga Community Environmental Audit Report describes a community-led 'ground-truthing' process conducted over 16 months to examine company compliance with environmental laws and regulations in Penhalonga, Zimbabwe, a region historically impacted by gold mining.
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Document type: Report
ANALYSIS OF THE LAND VALUE (AMENDMENT) ACT, 2019
The report critiques the Land Value (Amendment) Act, 2019, specifically its failure to distinguish between community and private land during compulsory acquisition. It highlights the risks of undervaluing community land through a market-value approach, the removal of Free Prior Informed Consent (FPIC) for development-induced displacement, and the creation of a state-controlled Land Acquisition Tribunal. The author argues these provisions may be unconstitutional and recommends a separate valuation index for community lands and the restoration of FPIC.
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Document type: Report
Statement on Xenophobic and Gender-Based Violence in South Africa
The statement asserts that climate change will intensify hardships for African communities, leading to increased climate migration and potential xenophobic sentiment. It specifically highlights that climate-driven stress is likely to fuel intra-family conflict and gender-based violence, particularly affecting women in South Africa.
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Document type: Statement
Socioeconomic Data Collection Phase: Background Information Flyer and Meeting Presentations
The document outlines the ESIA process and technical specifications for the Lokichar-Lamu Crude Oil Pipeline, a joint venture between the Kenyan government and a consortium including Tullow Oil, Africa Oil Turnana, and Total Oil. The pipeline is designed to transport heavy crude oil from the Lokichar basin to a marine export terminal at the Port of Lamu. It details the stakeholder engagement process, the construction methodology involving trenching and backfilling, and key technical parameters such as a length of approximately 820 km and the inclusion of 16 intermediary stations.
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Document type: Briefing
Reflections of the Lamu Coal Plant Case
The National Environment Tribunal (NET) in Kenya cancelled the license for a 1050MW coal power plant in Lamu County due to inadequate public participation and the omission of a climate change assessment in the Environmental Impact Assessment (EIA).
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Document type: Case study
SOUTH AFRICAN CIVIL SOCIETY WORKING GROUP ON THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT
The report evaluates South Africa's implementation of SDGs 4, 8, 10, 13, 16, and 17, finding a significant gap between strong policy frameworks and actual delivery. While the National Development Plan aligns well with the 2030 Agenda, the authors highlight systemic failures in education quality, rising unemployment, extreme wealth inequality, inadequate climate action, and high levels of gender-based violence. The document argues that the 'leave no one behind' principle is not being operationalised and calls for greater state accountability and inclusive multi-stakeholder engagement.
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Document type: Report
SUBMISSIONS ON THE PUBLIC ORDER (AMENDMENT) BILL, 2019
Natural Justice argues that the Public Order (Amendment) Bill, 2019 is unconstitutional because it imposes strict liability on organizers for damages caused during public meetings. The organization contends that such provisions threaten the right to peaceful assembly and freedom of expression under the Constitution of Kenya, suggesting that only the individual found culpable should be required to provide compensation.
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Document type: Statement
SUBMISSIONS ON THE KILIFI COUNTY ENVIRONMENT (REGULATION AND CONTROL) (AIR QUALITY REGULATIONS) 2018
Natural Justice submitted a set of recommendations to the County Government of Kilifi to improve the 2018 draft Air Quality Regulations. The organization argues for the inclusion of more stringent penalties, the removal of exemptions for contaminant discharge, and the requirement that the County Director of Environment (representing NEMA) be involved in notifications and monitoring to ensure transparency and compliance with national laws and the Constitution of Kenya.
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Document type: Statement
The race to the bottom: we need fundamental change
The author describes a series of visits to mining and development sites in South Africa and Kenya, highlighting environmental destruction and human rights violations. The text criticizes the South African government's support for the mining industry and the New Development Bank's funding of coal-fired power plants, while warning against the dangers of geoengineering funded by carbon emitters.
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Document type: Statement
Through UNEA resolution, states can show their support for Women Environmental Rights Defenders
The Legal Resources Centre and Natural Justice call for the full adoption and strengthening of a UNEA resolution to protect women environmental rights defenders, noting that women face acute risks including sexual assault and discriminatory laws while defending land and territory.
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Document type: Statement
THE KHOIKHOI PEOPLES’ ROOIBOS BIOCULTURAL COMMUNITY PROTOCOL
The Khoikhoi Peoples’ Rooibos Biocultural Community Protocol is a guide developed by the National Khoisan Council (NKC) to protect the traditional knowledge (TK) of the Khoikhoi people regarding Rooibos. It documents the historical dispossession of the Khoikhoi under colonialism and apartheid, asserts their status as original knowledge holders, and outlines the legal and procedural frameworks for obtaining Free, Prior and Informed Consent (FPIC) for the use of their biocultural heritage. The document details a benefit-sharing model involving a trust and a traditional knowledge levy to provide restitution for past misappropriation.
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Document type: Guide
Right to Food and Climate Change in Southern Africa: International and National Protection for Indigenous Peoples. The Cases of South Africa, Namibia and Botswana
The document analyzes the 'right to food' (RtF) for indigenous peoples in Southern Africa amidst climate change, comparing legal frameworks and case-law in South Africa, Namibia, and Botswana. It notes that national implementation varies significantly across these states and highlights a data gap regarding the actual attainment of food rights for indigenous groups due to their omission from census data and studies. The authors argue that consulting indigenous representatives is essential to determine if states are meeting their obligations to respect, protect, and fulfill the right to food.
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Document type: Research paper
SUBMISSION OF COMMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED SALT WORKS IN A SECTION OF LAND PARCEL L.R. NO. 13536, MARERENI, KILIFI COUNTY
Natural Justice submitted comments to the National Environmental Management Authority (NEMA) on November 27, 2018, challenging the Environmental Impact Assessment (EIA) for a proposed salt works project by Al-Sherman Limited in Kilifi County. The submission argues that the EIA fails to adequately address risks to water sources, climate change impacts, local ecosystems, and community livelihoods, while also citing failures in the public participation process.
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Document type: Statement
SUBMISSION OF COMMENTS TO THE ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED SALT WORKS IN A SECTION OF LAND PARCEL L.R. NO. 13536, MARERENI, KILIFI COUNTY
Natural Justice submitted comments to the National Environmental Management Authority (NEMA) on November 27, 2018, challenging the Environmental Impact Assessment (EIA) for proposed salt works by Al-Sherman Limited in Marereni, Kilifi County. The organization argues that the EIA fails to adequately address risks to water sources, climate change impacts, local ecosystems, and community livelihoods, while also citing deficiencies in the public participation process.
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Document type: Statement
Using the law to protect fisheries in Lamu, Kenya
The document details how the Lamu Port Three Berth Project and a proposed 1050Mw coal plant in Kwasasi threaten the livelihoods of thousands of fishers in Lamu, Kenya. It highlights the environmental impacts of these projects, including water turbidity from dredging and thermal pollution from cooling systems, and describes the legal actions taken by Natural Justice, Save Lamu, and the Katiba Institute to secure compensation and challenge project approvals.
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Document type: Case study