Environmental Litigation: Guide to inform citizens of their rights

A guide on environmental litigation, meant to enlighten citizens on the legal procedures to be undertaken to assert their rights to compensation in case of ecological damage, has been published by the environmental justice department of the Tunisian Forum for Economic and Social Rights (FTDES).

Indeed, the right to take legal action in case of environmental damage and therefore of violation of the human right to a healthy environment, in a direct or indirect way, is guaranteed by Tunisian law, by the new constitution of July 25, 2022, and also by several international conventions ratified such as the Paris agreement on climate.

According to the FTDES guide, ecological damage is defined as “a direct or indirect attack on the environment and man”. It can be physical or moral and must be found to involve the degradation of the ecosystem in order to be enforceable. It is therefore possible to obtain compensation for the damage caused by environmental damage.

There are several tools and means available to citizens to report such damage, such as photos, videos, journalistic investigations, official inspections and testimonies. They can therefore denounce and take legal action against polluters.

Last July, the FTDES argued for the creation of environmental litigation bodies and environmental courts.

It considered that access to environmental justice could be one of the effective support mechanisms that could lead over time to the improvement of the laws in force in the country.

The organisation has also repeatedly warned against the continuation of environmental offences and infringements in Tunisia that undermine the right of thousands of Tunisians to a clean and healthy environment, mentioning, for example, uncontrolled dumping and recurrent cuts in drinking water.

Source: Agence Tunis Afrique Presse