Legal Analysis of the Applicability of the Principle of Public Participation in Environmental Matters under Rwandan Legal Framework

Abstract

The principle of public participation in environmental matters has been repeatedly recognized by international legislations and policy instruments which defined it as giving everyone the opportunity by their national laws to participate individually or with others in the formulation of decisions that directly affect his or her environment. According to international instruments like the Rio Declaration 1992, this principle has three elements depending on each other namely, the right of access to environmental information, the right to participate in decision-making, and the right to access justice when the environment is degraded. The study entitled “Legal Analysis of the Applicability of the Principle of Public Participation in Environmental Matters under Rwandan Legal Framework” was conducted after the researcher found that Rwandan laws and policies do not provide for all elements of the principle of public participation. The researcher’s objectives were to critically analyze the extent to which Rwandan laws and policies facilitate the use of public participation in environmental matters, To examine the meaning, purpose, stages, and elements of the principle of public participation, to investigate and establish the current challenges affecting the applicability of the principle of public participation in environmental matters under Rwandan laws and to make appropriate recommendations from foreign jurisdictions with advanced legislation with a view to strengthening public participation in environmental matters in Rwanda. The research revealed that the current legal and policy framework in Rwanda does not effectively facilitate public participation in environmental matters. It revealed that public participation in Rwanda is associated with various challenges mainly relating to inadequate laws and policies and limited awareness about the role of the public in the protection of the environment among others. It has been recommended that for the Rwandan legal and policy framework to effectively facilitate public participation in environmental matters, laws, and policies need to be reviewed and amended to cover all elements of the principle of public participation. The government of Rwanda is recommended to raise awareness of the role of the citizens in the protection of the environment and mostly to encourage all the stakeholders to consider public involvement whenever required. Rwandans in general are also recommended to read laws and know about their rights including public participation in environmental matters.