UNIVERSITY OF IRINGA

FACULTY OF LAW

COURSENAME; ENVIRONMENTAL LAW

COURSE INSTRUCTOR; MR. NTAMTI
NATURE OF ASSIGNMENT; GROUPASSIGNMENT
SUBMISSION DATE; 5TH, FEBRUARY ,2023
GROUP NUMBER; 02
S/N NAMES REG.NUMBER EMAIL
1. DAVID RICHARD MPINGA LLB-25954 mpingadavid567@gmail.com
2. EVA CYPRIAN MADEBE LLB-25970 madebeeva@gmail.com
3. ABDUNASA ABAS LLB-27391 abasabdunasa@gmail.com
4. DANIEL E SWAI LLB-26095 danielerasmosswai@gmail.com
5. ALLEN CHARLES LLB-29958 allenbender4@gmail.com
6. IRENE R NGOWI LLB-25793 Siangowi200@gmail.com
7. IRENE SEBASTIAN NDILE LLB-25839 irenelucy.ndile@gmail.com
8. DIOCLES M DENIS LLB-26402 diodenis162gmail.com
9. HALIMA M SULEYMAN LLB-27199 mimahsuley99@gmail.com
10. ISSA MUSSA LLB-25808
11. STELLA S UHENGE LLB-26259 stellauhenge721@gmail.com
12. TWAHIA J ALLY LLB-27622 allytwahia9@gmail.com
13. COLLINS GOODLAMECK MERO LLB-25963 merocollins@gmail.com
14. JOSHUA MKAMA LLB-26882
15. HEMED M. ALI LLB-25899 hemediali2020@gmail.com
16. AMON BULED LUCAS LLB-25892 amonlucas900@gmail.com
17. MWITA GEORGE LLB-26362 nashongeorge02@gmail.com
18. KAISI S KASI LLB-26108
19. MAGRETH ANTONY MASHOKO LLB26325 mashokomagreth28@gmail.com
20. HASSAN RAMADHANI ABDALLAH LLB-27257 hassanramadhani849@gmail.com
21. JOHN JASSON MTALEMWA LLB-25849
22. JAMAL SHAFII LLB-26226
23. JACKLINE A MMASY LLB-25293
Question One
The Democratic Republic of Congo (DRC) is a tough place to be a bonobo (Pan
paniscus) which along with the common chimpanzee, is the closest extant relative to humans. While the DR's
forests provide the vegetation and temperate weather in which the animal thrives, the state struggles with illegal
logging, poaching, the bush meat trade and armed hostilities which have contributed to a dramatic decline in the
bonobo population .., and could, if continued, result in its extinction. Recent surveys suggest that fewer than
15,000 of the apes survive and unfortunately the animal's natural habitat is limited to certain regions of the
Congo. The scope and severity of the wartime threats to Pan paniscus demonstrate the need to effectively
enforce the biodiversity protections already embedded within the laws of war. International humanitarian law's
protection of biodiversity is hindered by ignorance of the ecological harms caused by military operations,
impunity for many violations of the existing provisions, and states' inability to mitigate environmental harms
due to lack of resources and expertise. UNESCO has called for DRC to act promptly in protecting the
endangered species Bonobo (Primates) and at the same time environmental activist have brought case against
government in the High Court of Kinshasa, whereby neighbour country-Central African Republic (CAR) have
advanced motion to sue the government of Kinshasa (DRC) before the International Criminal Justice (ICJ) for
violating international law. The prime Minister of DRC is desperate and is facing next general election in two
months’ time and approaches you for advices. Advise him accordingly
Bonobos are classified as Endangered on the Red List of Threatened species (IUCN 2012), and
are listed on Appendix I of the convention for International Trade in Endangered species.
Although information on the status of bonobos outside areas where the Institute Congolese Pour
la Conservation de la Nature (ICCN) and its conservation partners are active is incomplete, there
is a consensus that bonobo numbers are declining over much of the species range. The most
immediate threats to their survival are poaching and habitat loss, both in terms of habitat
destruction and fragmentation.

According to the scenario the following are the issues.

ISSUES

 Whether or not the state of DRC violates international laws on environmental protection?
 Whether or not the Central African Republic has locus stand to institute the case before
International Criminal Justice?
 Whether DRC can stand sovereign on protecting their environment?
 Whether activist has locus to institute the case in DRC high court?

LAW APPLICABLE

i. Convention on Biological Diversity

ii. Rio Declaration on Environment and Development 1992.
iii. united Nations Educational, Scientific and Cultural Organization (UNESCO) of 16
November 1972

ARGUMENTS

The international environmental laws impose duty and obligations to member states of a treaty or
convention on environmental protection among of those convention are Rio Declaration and
Convention on biological diversity, but also those convention provides the principles that every
member state has to adhere. In which according to scenario the state of DRC violated those
principles of international laws1. Also, the state of DRC violated Article 3, 5 and 6 2.

1
Principle1, 3 and 7 of the Rio Declaration on Environment and Development (1992)
2
Convention on Biological diversity

2
The international environmental laws imposes duty to neighboring and member states of
convention to take an action against the violator for the purpose of protecting environment, and
such neighbor state may act under umbrella of the principle of cooperation and common
differentiated responsibilities so as to protect, conserve, and restore the health and integrity of the
earths ecosystem in national, regional and international level. Therefore, the state of Central
African Republic has locus standi to institute the case before the ICJ.

According to the scenario and by looking upon it, the prime minister of DRC in order to succeed
has to observe the principles protecting the environment and enforce immediately as to protect
the bonobo also to comply with international laws, interest of UNESCO and activist. The
principles include;

Sovereignty means “freedom of state to exercise its power without limitation. Sovereignty is
essentially the power to make laws, even as Blackstone define it. The term also carries
implications of autonomy, to have sovereign power is to be beyond the power of others to
interfere. In such notion under the environmental matter the state has sovereign rights over their
natural resources in exclusion of all other states, but the use of those resources it should not
affect other states. So that the prime minister has to observe that principles in order to be
sovereign and took instant measure to protect bonobo.

The principle of Sustainable Development.

This means the use of environmental resources, there must be some care to be taken to ensure
that health of living organisms is in such quality that sustain and maintain for future generations.
As we have observed in the scenario the species of animals that are bonobo and the common
Chimpanzees are likely to disappear hence, the Minister may encourage more protection and
peace to the state for better health of the animals3.

The principle of intergeneration and intra generation equity.

Under principle 3 of Rio Declaration, it entails that the right to development must be fulfilled so
as to equitably meet developmental and environmental needs of present and future generation 4.
According to the scenario the prime Mister could possibly come up with an environmental
3
Principle 1of The Rio Declaration on Environment and Development (1992)
4
Principle 3 of The Rio Declaration on Environment and Development (1992)

3
policy that would keep the illegal activities such as poaching in his state as it may improve the
standard of security along the borders and also, the Minister may include the more protective
style by asking more help from UNESCO in manners of protecting the bonobo and alike animals
in their state and for the coming generation to benefit from such animals.

The principle of cooperation and common but differentiated responsibility.

It is all about the responsibility of the states to protect environment national, regional and
international level. Under principle 7 of the Rio Declaration5 entails that state shall cooperate in a
spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s
ecosystem. In view of different contributions to global environmental degradation, States have
common but differentiated responsibilities. The developed countries acknowledge the
responsibility that they bear in the international pursuit of sustainable development in view of the
pressures their societies place on the global environment and of the technologies and financial
resources they command. So that the prime minister has to take immediately cooperation with
other international instrument includes UNESCO as to protect the bonobo and other animals.

Advices to prime minister in general

To cooperate with international instruments, mainly UNESCO as to take instant effect of

protecting the environment and the bonobo as per based on the international environment
principles. Also, to formulate and enactment of policy as to involve the citizen in enactment of
the policy as to take solution of protecting environment and basing on internal principles.
Moreover, to regard all international principle in environment protection and mainly sovereignty
principle.

Generally

The Prime Minister of DRC has to observe those principles of international environmental laws
in order to protect bonobo (pan paniscus) and other animals that are in danger to disappear.
Under article 3 of Convention on Biological Diversity 6 state have in accordance with the Charter
of United Nations and principle of international law, the sovereign right to exploit their own
resources pursuant to their own environmental policies, and the responsibility to ensure that
5
Principle 7 ibid
6
Article 3 of the Convention on Biological Diversity (1992)

4
activities within their jurisdiction or control do not cause damage to the environment of other
state or of areas beyond the limit of their jurisdiction.

Also, article 5 and 6 of the Convention 7 is relevant toward the protection of environment by
giving general measures towards the environment. on the principle of sovereignty over natural
resources, the use of resources should not affect other states.

7
Article 5 & 6 Ibid

5
 REFERENCES

CONVENTIONS

Convention on Biological Diversity

Rio Declaration on Environment and Development 1992.

United Nations Educational, Scientific and Cultural Organization (UNESCO) of 16 November

1972