Analysis highlights “hidden” rights for nature around the world

Around the world, nature and people already have considerable existing legal rights – but many of these are never put into practice. Often government agencies, citizens and NGOs do not even know the extent of their rights, let alone understand the processes needed to secure them via the courts.

These “hidden” rights include the fundamental right to ask for remedies when the environment is harmed.

Even as illegal deforestation, mining and wildlife trade devastate biodiversity globally, many countries have existing laws that could hold environmental offenders legally liable for fixing the harm they cause. Court action could hold offending companies and individuals liable, requiring them to provide remedies such as financial compensation, habitat restoration, species conservation and public apologies.

However these types of cases are surprisingly rare in most countries.

There is an urgent need to help people globally understand the legal opportunities to help protect nature. Indeed, the right to secure remedies is relatively new and conceptually “young” in many countries, where even lawyers often do not fully realise these opportunities exist. Moreover, legal jargon, ambiguity and confusion remain major barriers to environmental justice.

Environmental lawyers are now working with conservationists, scientists and economists to unravel the opportunities and challenges of securing legal remedies. Only if people know and understand their rights, can they use the courts to access justice for themselves and for nature.

We are pleased to share four new legal analyses that explain these rights to remedies – in Liberia, Thailand, Cameroon and Indonesia.

We demystify and clarify the legal processes for going to court, answering practical questions like, “What types of cases can get legal remedies?”, and “Who can bring an environmental case to court?”. The reports – each accompanied by “In Brief” overviews – can thus support not only legal practitioners, but also conservationists, communities and government authorities to understand their rights.

The analyses provide a foundation for empowering future litigation in each of these countries. Undertaking legal action faces many challenges, but is essential to protecting and healing biodiversity. Moreover, new litigation could help shift corporate practices, shift social norms, and push governments to strengthen legislation.

You can access the reports here.