Enforcement of Environmental Regulations by Sierra Leone Judiciary

This report provides a comprehensive analysis of the role of the Judiciary of Sierra Leone in the enforcement of environmental regulations. It begins with an overview of the development of environmental laws in Sierra Leone, highlighting key legislation like the Environment Protection Act of 2000, the Mines and Minerals Act of 2009, and the Environment Protection Agency Act of 2008. The report details the provisions of these acts and regulations, addressing issues such as deforestation, biodiversity loss, and pollution. It then delves into the judiciary's role in interpreting and applying these laws, emphasizing its importance for the rule of law and environmental protection. The report also explores judicial remedies, the precautionary principle, risk management, and the need for an environmental court, judicial cooperation, and the creation of a 'green bench' to enhance environmental law enforcement. Finally, the report offers recommendations for the way forward, advocating for increased environmental law awareness and a proactive judicial approach to environmental protection.

The Role of the Judiciary of Sierra
Leone in the enforcement of
environmental regulations

Table of Contents
CHAPTER 1 : INTRODUCTION...................................................................................................1
1.1 Background objectives.....................................................................................................1
1.2 The Development of Environmental Laws in Sierra Leone.............................................2
1.3 Provisions of Environmental Laws and Regulations in Sierra Leone..............................3
1.4 The Deficiencies and Challenges of Environmental Law enforcement...........................7
CHAPTER 2 : THE JUDICIARY AND THE ENVIRONMENT.................................................10
2.1 The role of the Judiciary..........................................................................................................10
2.2 Importance of judges for the rule of law and environmental protection........................12
2.3 Jurisdiction over environmental cases............................................................................13
2.4 Judicial remedies available for environmental protection..............................................14
CHAPTER 3 : ENFORCEMENT OF THE PRECAUTIONARY PRINCIPLE...........................18
3.1 Concepts enshrined in the precautionary principle........................................................18
3.2 Conditions under which precautionary principles apply................................................20
3.3 Processes and measures applicable to the implementation and operation of precautionary
principle................................................................................................................................23
3.4 Principles of Risk Management......................................................................................26
3.5 Processes and mechanism necessary for implementation..............................................28
3.6Making precautionary measures operational...................................................................31
CHAPTER 4: THE WAY FORWARD.........................................................................................33
4.1 Need for an environmental court....................................................................................33
4.2 An Environmental Charter- A new role of courts..........................................................35
4.3 Environmental law awareness........................................................................................37
4.4 Judicial cooperation........................................................................................................39
4.5 Creating a ‘green bench’................................................................................................39
CHAPTER 5: CONCLUSION......................................................................................................40
REFERENCES..............................................................................................................................43

CHAPTER 1 : INTRODUCTION
1.1 Background objectives
Environment law is determined as the collection of various regulations, treaties, common
laws, statutes and customary laws that address the impact on the natural environment caused due
to human activities.1 As a result of increase in population and various human activities,
numerous environmental issue are arising, therefore, it has become imperative to make such laws
and regulations that ensure environmental protection and minimises the impact of human
activities on the nature.
Sierra Leone is a West African country and its economy is based mainly on mining and
agriculture. The mining activities have an adverse effect on the natural environment so various
laws are established by the judiciary for its maintenance and protection. Laws and regulations are
interpreted and applied by the Judiciary of Sierra Leone which is the governmental branch of
Republic of Sierra Leone. It ensures that law is providing justice impartially and a mechanism is
provided for resolution of disputes. Environmental Protection Act, 2000 is a key initiative taken
by the government that provides for stringent regulatory framework for environment regulations
in Sierra Leone. Apart from this, various other legislations are formed such as Mines and
Minerals Act, 2009, Environment Protection Agency Act, 2008, Nuclear Safety and Radiation
Protection Act, 2012, the Merchant Shipping Act of 2003, the National Protected Area Authority
and Conservation Trust Fund Act 2012 etc. that seeks to address protection of environment,
safety and health and development of community.
The country is facing numerous problems related to environment including loss of
biodiversity, deforestation, air pollution, degradation, loss of soil fertility and water pollution.
All these issues hamper the development and progress of the nation. The formulation of laws
were a vital step taken by the Judiciary of Sierra Leone that seeks to resolve all these issues and
promote development of country's economy. The present report focuses on the development of
environmental laws in Sierra Leone for the protection and sustainability of nature and natural
resources. The provisions and regulations provided by different acts and legislations are
discussed and analysed in this assignment.2 Further, the study throws a light on the challenges
and deficiencies in the enforcement of environment law.
1 Rodman, K. A., 2013. Justice is interventionist: The political sources of the judicial reach of the special court
for Sierra Leone. International Criminal Law Review. 13(1). pp.63-91.
1

The report emphasises on the judiciary of Sierra Leone that plays a cardinal role in
interpretation and application of laws to ensure impartial justice and also assists in resolution of
disputes. The constitution provides guarantee and assurance for the independence and integrity
of Judiciary while performing its duties. The judicial system consists of inferior courts that are
represented by Magistrate courts, then there are superior courts and local courts that are
represented by Court of Appeal, High Court and the Supreme Court. The justice of Supreme
Court is appointed by the President who is advised by the Judicial and Legal Service
Commission and the appointment is subjected to approval of Parliament. The judges of asuperior
courts are also appointed in the same manner, except that approval of Parliament is not required.
The judges play a key role in the judicial system of Sierra Leone by ensuring compliance of laws
and statutes and providing justice without any bias to the citizens of the country.
Moreover, this assignment provides an understanding of precautionary principles to the
risk management. It states that when any policy or action is suspected to cause harm to
environment or public, the onus to prove that such action is not harmful would lie on those
taking that action where is the scientific consensus is absent.3 The study explains the conditions
under which precautionary principles are applied, measures and processes applicable for its
implementation and operations and the principles of risk management. In addition to this, need
for environmental courts, judicial cooperation and creation of green bench are addressed in the
report.
1.2 The Development of Environmental Laws in Sierra Leone
Sierra Leone is a country in West Africa that is rich in minerals. The economy of the
country is mainly based on the mining and agricultural activities due to which various
environmental issues arises. It faces a number of problems related to environment such as
deforestation, lack of biodiversity, degradation, loss of soil fertility, air pollution and water
pollution that hinder the progress and development of the economy of the country. The primary
identified environment problems include deforestation, water supply and sanitation, tourism,
forest degradation, land degradation, fisheries, mining and manufacturing. The biodiversity of
2 Hoberg, G., 2012. Pluralism by design: Environmental policy and the American regulatory state. Greenwood
Publishing Group.
3 Parker, A., 2011. ALSO IN THIS ISSUE: Racial Disparities in US Public Education and International
Human Rights Standards: Holding the US Accountable to CERD. Hum. Rts. Br. 14. pp.27-70.
2

Sierra Leone was well endowed with natural resources but it failed to sustain its rich and diverse
resources due to activities such as fishing, mining, infrastructure development, hunting, farming
etc. which affected the ecosystem.4 The country faces enormous environmental threats –
destruction of rain forests due to logging, deforestation of beautiful mountains, wild life species
are becoming endangered, environmental pollution is created due to dumping of scrap machines.
The use of charcoal and woods for cooking which increases the quantum of carbon dioxide in the
air and has led to an alarming increase in air pollution which causes several health problems to
the citizens.
To address all these issues and for the protection of environment, the government had to
take various steps in order to ensure sustainability and maintaining ecological balance.5 For
solving the problems of deforestation, the government of Sierra Leone has adopted policy for
preservation of vegetation and plantation of trees in consultation with the Ministry of Lands,
Country Planning and the Environment. Another measure was taken for the prevention of
degradation whereby government has put a ban on hunting and logging of trees in the forests.
The major initiative taken was the development of Environment Protection Act, 2000 which was
formed with the key purpose to protect the natural resources and wildlife and minimize the
impact of human activities on environment in Sierra Leone (Kelly, Barrie and Bausch, 2013).
There are some other acts also that are developed with the purpose to address the environmental
issues namely Mines and Minerals Act, 2009, Environment Protection Agency Act, 2008,
Nuclear Safety and Radiation Protection Act, 2012, the Merchant Shipping Act of 2003, the
National Protected Area Authority and Conservation Trust Fund Act 2012 etc.
1.3 Provisions of Environmental Laws and Regulations in Sierra Leone
a.i.a. Environment Protection Agency Act 2008 :
The Environment Protection Agency Act established Environment Protection Agency
(EPA) in 2008 that begin its operations in 2009. It is the main agency of Sierra Leone
government that is concerned with the changes in environment and climate. The agency
encompasses responsibilities for coordinating and monitoring the activities regarding legislation
4 Rackley, E., 2010. What a difference difference makes: Gendered harms and judicial diversity. International
Journal of the Legal Profession. 15(1-2). pp.37-56.
5 Panel on the Law of Ocean Uses, 2012. United States Interests in the Law of the Sea Convention. American
Journal of International Law, pp.167-178.
3

of environment protection, its implementation and to ensure national environmental policies are
complied and also pollution, waste processing and other environmental hazards are monitored.
The main purpose of establishing EPA was to create and enforce a stringent regulatory
framework for environmental regulation in the country.6 It is responsible for monitoring,
coordinating and evaluating implementation of national environmental projects, programmes and
policies and issue of licenses in relation with Environment Impact Assessment (EIA). According
to the provisions of Section 23 (1) of the Environment Protection Agency Act, 2008, no person is
allowed for undertaking projects that substantially affect the environment without the agency has
issued a permit for such projects namely agriculture, construction of infrastructure and
extraction. Further, it provides that Agency ensures compliance of this provision and the person
acting in contravention of these provisions would be held liable for legal prosecution and
punishment.
a.i.b. The Nuclear Safety and Radiation Protection Act 2012 :
The Nuclear Safety and Radiation Protection Act provides for establishing Nuclear
Safety and Radiation Protection Authority for exercising supervisory and regulatory control on
radioactive substances and their application for peaceful and beneficial uses (Cho, Ogwang and
Opio, 2010). It is developed with the purpose of providing adequate safety to the environment,
workers and public from the harmful effects of radiation by ensuring licensing, enforcement and
inspection throughout Sierra Leone. The authority is responsible for radiation protection, waste
safety, nuclear safety and security and also non – ionizing radiations. It also ensures for meeting
obligations with regard to various international treaties and agreements such as he Treaty on
Non-Proliferation of Nuclear Weapons and the Agreement between Sierra Leone and the
International Atomic Energy Agency (IAEA) for the Application of Safeguards in Connection
with the Non-Proliferation Treaty.
a.i.c. The National Protected Area Authority and Conservation Trust Fund Act 2012 :
As per the provisions of the National Protected Area Authority and Conservation Trust
Fund Act 2012, National Protected Area Authority (NPAA) and Conservation Trust Fund is
established in Sierra Leone.7 The main objective of the Act is promotion of conservation of
biodiversity, research and wildlife management and also provides for sale of ecosystem services
6 Dixon, M., McCorquodale, R. and Williams, S., 2011. Cases and materials on international law. Oxford
University Press.
4

in the national protected areas. The role of NPAA is stated in part III of the Act whereby it is
required to exercise authority and oversight over National Parks and Protected Areas which are
assigned for the purpose of conservation, promotion of sustainable environmental management
and use of sustainable land practices. Moreover, according to section III (f) of the Act,
collaboration with stakeholders for forming national REDD+ Strategy and promoting REDD+
projects as a sustainable source of finance in the country for protected area management is
another function of NPAA. Further, Section III (xi) provides for promoting co management with
communities of local forest edge both within and outside the protected areas for natural resources
of NPAA.
a.i.d The Mines and Minerals Act, 2009 and Statutory Instrument of 2012 :
Sierra Leone is rich in resources and minerals such as diamonds, bauxite, gold, iron ore,
rutile etc. The economy of the country is primarily based on mining and agriculture. But the
increase in mining activities have adversely impacted the environment and natural resources of
Sierra Leone.8 Mining sector has undergone various reforms over last few years. The first piece
of mining legislation was enactment of Minerals Act, 1927 which was modified in 1960 as
Revised Minerals Act which has been amended over the years. But all these laws failed to
provide desired results and were not sufficient for resolving the issues of environment, economic
and social development, community issues and health and safety of people.
Sierra Leone has adopted several rules and regulations in order to tackle such criticisms
and for promotion of transparency, stronger governance, local content and to encourage foreign
investments :
7 National Protected Area Authority and Conservation Trust Fund Act, 2012. 2015.
<http://www.ecolex.org/details/legislation/national-protected-area-authority-and-
conservation-trust-fund-act-2012-no-11-of-2012-lex-faoc150279/> Accessed on 21st March
2017
8 Okowa, P., 2010, May. Interpreting Constitutive Instruments of International Criminal Tribunals: Reflections
on the Special Court for Sierra Leone. In Treaty Interpretation and the Vienna Convention on the Law of
Treaties: 30 Years on. (pp. 333-356). Brill.
5

 The government issued a “ Core Mineral Policy” in 2003 which stated ten strategic
objectives which included promotion of private investments and ensuring that the wealth
of the nation supports its social and economic development.9
 Investment Protection Act was passed by the legislature in 2004 which seeks to provide
several guarantees to foreign investors with regard to fund transfer, resolution of diputes
and expropriations. Environment Protection Act, 2008 was passed with the aim to regulate mining projects
and provided for assessment of environmental impact and issuance of its license to
undertake the mining projects.
 The Mines and Minerals Act, 2009 replaced the act of 1994 and brought various
changes. Following are the main provisions of the act :
1. It clearly defines the principle of 'first come first served basis' and provide assistance to
government for awarding mineral rights on the basis of public tender.
2. It states that :
 the companies registered in Sierra Leone are only entitled to get the license for
exploration and large scale mining.10
 The initial period for which exploration license would be granted will be of 4 years and
the maximum area covered would be 250 sq kms.
 The initial period for which large scale mining license will be granted is for 25 years and
on the basis of terms of mining agreement, interest in large scale mining operations can
be acquired by the state.
3. The acts provide for maintenance of a register of mineral rights in which various detail such as
renewals, grants, transfers, area enlargement and relinquishment, forfeitures, surrenders,
attachments, revocations, pledges, encumbrances, discoveries, fees paid, reports submitted,
9 Okowa, P., 2010, May. Interpreting Constitutive Instruments of International Criminal Tribunals: Reflections
on the Special Court for Sierra Leone. In Treaty Interpretation and the Vienna Convention on the Law of
Treaties: 30 Years on. (pp. 333-356). Brill.
10 Mining in Sierra Leone: an overview of the current legal framework. 2015.
<http://www.lexology.com/library/detail.aspx?g=0f68dda3-1d7a-4770-b96a-d6df219e3fd0>. Accessed on
30th March 2017
6

changes in name and address or any other matter that materially affect the interest or status in
any license will be recorded.11
4. A new and detailed regime of royalty was provided whereby for undertaking any dredging
activity, dredging permit is required. It also mentions the requirement of detailed reporting,
application processes, specific deadlines to start exploration and development work. In case the
holder fails to meet minimum prescribed annual programme of work expenditure or work, then,
the Minister of Mines and Mineral Resources has the right to cancel or suspend the license.
5. Specific obligations are imposed on the title holders including large scale mining license
holders to :
 in case certain production limits are met, then, an agreement of community development
to be entered with the primary host local community.12
 Required to provide copies of specified agreements which exceed certain limit to the tax
authorities.
 Financial assurance to be provided for environmental liabilities and environmental
management plans should be filed on a regular basis.
 License holders of mining activities should prefer products and materials of Sierra Leone
and employ the local workers.
The Mines and Minerals Act, 2009 can be explained as a comprehensive legislature which
created balance between the interests of community and sector and has stringent governance.13
But it was criticised due to ambiguity in the provisions and difficulty in implementation.
A semi autonomous government agency namely National Mineral Agency was
established with a view to promote governance in the mining sector by National Minerals
Agency Act, 2012 in April 2012.
The new Mines and Minerals Act is quite beneficial to the country, local communities,
economy and environment as :
 It directly addresses environmental protection, health and safety, development of
community and overall it is good for people.
11 Jarczewska, D., 2014. Democratisation and post-conflict state-building in Sierra Leone and Rwanda.
12 Zack-Williams, T., 2012. When the state fails: studies on intervention in the Sierra Leone civil war. Pluto
Press; Nordiska Afrikainstitutet.
13 Stoett, P. J., 2015. The evolution of and future prospects for transnational environmental crime prevention.
7

 As the law provides tenure security, encourages exploration and ensures clarity and
transparency in rights and obligations, it is attractive for investors.14
 It is beneficial for states as it provides rigorous administration, clear reporting and
application requirements.
 The act is backed by new Diamond Trading Act which strengthens the regulatory
framework.
a.i.e. Merchant Shipping Act of 2003
The Merchant Shipping Act, 2003 provides a framework for regulation the registration of
ships, maintenance of safety at sea, regulation of shipping and protection of marine environment
and other related matters.15 It provides provision regarding survey of ships, marking and
registering the ships as Sierra Leone ships. Moreover, various rules related to ships and
navigation are provided such as operation of ships, rights related to property, limitation of
liability and log books keeping. The act provides for registration of ships, regulation and control
for proper development of merchant shipping, qualification of individual to be employed in sea
service, regulating the terms and conditions of service of persons employed.
1.4 The Deficiencies and Challenges of Environmental Law enforcement
It is becoming apparent that merely having laws on paper are of no use if there is no
proper implementation of such laws. Although Sierra Leone has introduced a number of laws for
the protection of environment still the desired results are not achieved. Even if the criminal
provisions within a national legal system are enforced effectively yet criminal law by itself is not
enough.16 For laws to be successful effective administration practices and involvement of civil
society by availing different means is quite essential. For an optimal enforcement, there is a need
to enhance three key areas which includes civil, administrative and criminal activities. There is a
need to understand the inter – relationship between these three fields and bring innovation within
them.
14 Crook, R. C. and Booth, D., 2011. Conclusion: Rethinking African governance and development. IDS
Bulletin. 42(2). pp.97-101.
15 Merchant Shipping Act, 2003. 2010. <http://www.ecolex.org/details/legislation/merchant-shipping-act-2003-
no-3-of-2003-lex-faoc078827/>.Accessed on 30th March 2017
16 Ministry of Mines and Mineral Resources. 2014. <https://slminerals.org/laws-and-legislation/>. Accessed on
30th March 2017
8

It can be seen that environmental degradation is increasing at a very fast pace in Sierra
Leone and existing environment laws are not proving as effective as they were expected. There
are manifold reasons for this problem – developing countries suffers from human capacity and
access to technology constraints, the factors that drive whole nation towards alleviation of
poverty and economic development, very weak international communication and awareness
regarding potential solutions that can be adopted or suitable for Sierra Leone's environmental
enforcement needs.
It is quite clear that the environmental problems have become a major concern as there is
shrink in natural habitats, weakened capacity in biodiversity resilience, changing climates, ever
increasing pressure on natural resources, extinction of various species of animals and birds etc.17
Thus, there is a need of adaptation of enforcement of environmental laws. There is a need to
understand the relationship between national and international law for their effective
implementation.
There is a gap between commitment and enforcement in the environmental laws of Sierra
Leone. It lacks in establishing and understanding the inter-relationship between civil,
administrative and criminal activities that are needed for effective enforcement of the
environment laws. In developing countries and countries with economy in transition such as
Sierra Leone, there is a failure to pay proper attention to monitoring and inspection and placing
proper procedures to engage regulated community and deterrence of violations giving rise to a
culture of impunity and weakening the effectiveness of environmental regulations. There is a
lack of municipal initiatives that are required for ratification and implementation of environment
law through judicial authority and using legal and administrative enforcements. The government
failed to monitor these laws on international scene which have provided continuous update on
the local transplants.
Another major issue is lack of consolidation process for making the legislations effective.
That means the laws, rules, regulations and policies concerned with environmental protection or
conveying sustainability objectives are not identified, integrated, enforced, reviewed and
assessed on a periodical basis for compliance ratings. Moreover, the design of laws, agreements
and regulations lack to reflect capacity of their implementation. There is a need to examine
environmental and socio-economic instruments in a holistic manner. The new enactments which
17 Werle, G. and Jessberger, F., 2014. Principles of international criminal law. OUP Oxford.
9

direct economic activities must be based on sustainability principles. The legislative process of
Sierra Leone is required to deal directly with prevention and punishment of environmental harm
and augmentation of requirements of common laws through such statutes. Economic incentives
and instruments can be used as they provide an effective legal and regulatory framework. The
emphasis should not be more on the legal system but the results achieved in impressing
environmental concerns.
10

CHAPTER 2 : THE JUDICIARY AND THE ENVIRONMENT
2.1 The role of the Judiciary
In Sierra Leone, judiciary is an independent branch that is related with government.
Further, it is the body of magistrates and judges who sit at the courts of the state. The judiciary of
Sierra Leone is responsible for interpretation and application of laws of the country.18 The
judicial system ensures to provide impartial justice under law and provide a mechanism for
resolution of disputes. The constitution guarantees the independence and integrity of judiciaries.
The judicial system is headed by the Chief Justice of Sierra Leone that includes superior courts
which are represented by High Court, Court of Appeal and the Supreme Court and inferior courts
that comprises local courts and Magistrate courts. The primary function of judicial system is
administration of justice. It has jurisdiction over all the civil and criminal matters.
Magistrate Court : It has limited powers and exists for each judicial district and acts in a manner
that is necessary for adjudication of civil and criminal matters arising within the district for
which it is established.
Local courts : Their role is administration of customary law in provincial communities.
High Courts : They act as a supervisory court for other inferior and traditional courts in Sierra
Leone. It consists of a chief justice and 9 other judges.
Court of Appeal : It shall consist of chief justice and minimum seven other judges from which
three shall be justice of the Appeal court. Appeals from lower courts are heard in the court of
appeals.
The Supreme Court : It has final jurisdiction over all the cases related to civil, criminal or
constitutional matters and it is binding on the parties. Its decision cannot be appealed in any
further court as it is final. It has exclusive power to change, modify or set aside the rulings of
lower courts. It has the power of interpretation and enforcement of any provision of the
constitution. There are at least three judges and the chief justice in the supreme court.
18 Jenks, C. and Acquaviva, G., 2014. Debate: The role of international criminal justice in fostering compliance
with international humanitarian law. International Review of the Red Cross. 96(895-896). pp.775-794.
11

The appointment of chief justice and judges of superior court is made by President of the
country with the help of Judicial and Legal Service Commission which is subject to Parliament's
approval.
It was in the year 1996 when Republic of South Africa came into operation. After this
many years of development of law, there are different type of changes that has taken place in the
type of law that were followed. With time changes took place and improvement were in the law
as per the issues that were faced within the country. Judiciary plays vital role in protecting or
safeguarding constitution. Further, its value and it also ensures the consolidation is for delivering
better life for the society or individuals. This is possible with the help of constitutional
entrenched judicial authority. There are different type of court which work as per the type of
areas it has to work for.19 In this context, it includes courts like Constitutional Court, Supreme
Court of Appeal (SCA) , high courts and magistrates' courts. Further, there are different areas of
study that is performed by judiciaries so that justice can be provided to individuals. Further,
judiciary is an independent and separate arm of government in South Africa. Judgements that are
taken by them are respectful and has enabled the legitimacy of the court. Further, it is helpful
enough to raise public confidence towards judiciary system. Further, support of government is
effective enough that has promoted law so that the judgement can be effected.20 The decision
made by judiciaries are effective and the general public trust them and they come with their
issues in which all are considered to be effective in order to overcome the issues that are faced by
people. Both criminal and civil courts are responsible for the administration of justice in South
Africa. Further, the role of government is also effective in order to promote the laws that are
being made by them that is for the protection of people. The system that is being followed in
South Africa is effective as they consider all the facts that are presented by in court. This enable
them to understand the situation and take up an proper decision through which issue can be
solved.
At various courts, judges are appointed by President in consultation with the Judicial
Service Commission. In this context, it includes Chief Justice which enables to select the most
19 Smith-Höhn, J., 2010. Rebuilding the security sector in post-conflict societies: perceptions from urban
Liberia and Sierra Leone. LIT Verlag Münster.
20 Bah, A. B., 2013. The contours of new humanitarianism: War and peacebuilding in Sierra Leone. Africa
Today. 60(1). pp.2-26.
12

appropriate judge.21 Justice system is developed or controlled by the Constitutional Development
and The department of Justice. Further, they focused on protecting fundamental human rights,
their freedom and towards the protection of social justice. Further, due to unique heritage of
South African law, the constitutional imperative to regard comparative law , it is always
consulted by foreign law. This way the type of decision that are made as effective and are helpful
enough to make sure that the problems are being faced as solved efficiently.22
2.2 Importance of judges for the rule of law and environmental protection
In Sierra Leone, judiciary is an independent branch that is related with government. it is
the body of magistrates and judges who sit at the courts of the country. They are the ones who
interpret the law of environmental protection and ensure their effective compliance by the
citizens of the nation. The judicial powers of Sierra Leone are vested in the Judiciary which is
headed by Chief Justice.23 The laws and statutes are interpreted and applied by the judges who
ensure impartial justice and provide a common mechanism for resolution of disputes. The
constitution of the country guarantees the independence of judiciary of the Sierra Leone republic.
The judicial system consists of superior courts which are represented by High Court, Court of
Appeal and the Supreme Court and inferior courts that comprises local courts and Magistrate
courts.
The judges play a crucial role in ensuring effective enforcement and compliance with the
environmental laws in Sierra Leone. There are many cases which shows the role of judges in
providing justice and giving punishments for the breach of environmental laws and causing harm
to natural resources of the contract. The key role of judges is to ensure whether the laws related
to environmental protection are effectively complied by the citizens and emphasises the need of
such protection.24 It was held in the case of Wildlife Society of Southern Africa and Others v
Minister of Environmental Affairs and Tourism 1996, that it is mandatory for the state to comply
with the laws and statutes enacted to protect the environment. This case clearly shows the
21 Mansaray, B. and Sanusi, S., 2010. Residual matters of ad hoc courts and tribunals: the SCSL
experience. Commonwealth Law Bulletin. 36(3). pp.593-605.
22 Boyd, D. R., 2014. The Status of Constitutional Protection for the Environment in Other Nations.
23 Maranga, D. and Kennedy, M., 2011. The Changing Role of State Responsibility: Comparative Approach.
24 Le Billon, P., 2012. Bankrupting peace spoilers: Can peacekeepers curtail belligerents’ access to resource
revenues. High-value natural resources and post-conflict peacebuilding.
13

importance of compliance of environment laws by the people and organisations and the role
played by judges in its enforcement. Such cases set an example for other people who would dare
not infringe the laws and take environmental protection as a serious matter.
Another such example is the case of Lascon Properties (Pty) Ltd v Wadeville Investment
Co (Pty) Ltd and Another, 1997 which was covered under Mines and Minerals Act. In this case,
due to escape of water from a mining company, damages were incurred by the land owner. The
judges in this case, imposed duty in absolute terms with the intention to provide civil remedy for
the damage caused as a result of breach of regulations. Further, it was provided to prohibit
escape of such water by the mining company. This makes it clear that the judicial system is quite
rigorous for the enforcement of environmental laws and the judges plays a key role to ensure
justice and compliance of statutes.
There are a number of different cases related to environmental protection and related
matters that are solved by the judges in the courts of Sierra Leone. In all such cases, judges has
made it clear that environmental protection is of prime concern and the ones who are found
guilty of infringement of such laws would be liable for penalty and punishments (Parker, 2011).
These cases have set an example for others who will get a lesson and would not dare to breach
the laws made for environmental sustainability. Thus, it can be articualted that the judges of
Sierra Leone plays a crucial and key role in the judicial system for the enforcement and
compliance of environment laws and providing impartial justice to all.
2.3 Jurisdiction over environmental cases
The cases and issues concerned with the environment laws are heard and resolved by the
judicial system of Sierra Leone that ensures to provide impartial justice and enforce compliance
of environmental laws and regulations.
The constitution of Republic of Sierra Leone is an all-encompassing statute that provides
for protection of citizens by ensuring an environment which is not harmful for the people.25 It
provides for :
 Prevention of pollution and environmental degradation.
 Promoting conservation of the natural resources.
 Securing ecological sustainable development.
25 Roscini, M., 2010. The United Nations Security Council and the enforcement of international humanitarian
law. Israel Law Review. 43(02). pp.330-359.
14

 Using natural resources in a way that promotes social and economic development.
The key environmental regulatory authorities include Department of Mineral Resources (DMR),
Department of Environmental Affairs (DEA) and Department of Water and Sanitation (DWS).
The law provides for establishment of Environmental Management Inspectorates which are
provided with wide range of powers including investigation, inspection, enforcement and
administration. They have right of search and seizure and can seize evidence which are related
with any kind of criminal activities. Moreover, EMIs plays an important role in ensuring that
entities and individuals comply with the notices and penalties.
Non governmental organisations (NGOs) plays an active and crucial role in the protection
of environment and have active participation in the legislative changes (Jalloh, 2013). It is
imperative that all the stakeholders including businesses, communities, trade unions and NGOs
support to achieve the results of legislatives and policies made for protection of the environment.
The country promotes the idea of green economy.
2.4 Judicial remedies available for environmental protection
There are different types of remedies provided by the law in case of environmental
protection in Sierra Leone. It can take various forms such as judicial, executive, legislative,
private or self help remedies.26 The constitution has created various bodies for providing
remedies including the Human Right Commission, the public Protectors and like. The pollution
and destruction of environment are issues of major concern in Sierra Leone. Therefore, the
constitution of the republic itself has provided environmental protection as of great importance, it
provides a right to an environment which is not harmful to the well being and allows government
to take action for :
 the prevention of pollution and environmental degradation
 promotion of conservation
 Securing ecological sustainable development.
 Using natural resources in a way that promotes justifiable social and economic
development.
The law of the country does not permit single integrated permitting system, the legislation covers
in its umbrella all the environment and pollution related legislation and companies are required
26 Panel on the Law of Ocean Uses, 2012. United States Interests in the Law of the Sea
Convention. American Journal of International Law, pp.167-178.
15

to obtain environmental authorizations for the prescribed activities. Single or separate permit
system is provided for :
 Under National Water Act - a water use license
 Environmental authorizations under National Environment Management Act
 Waste management license
 Atmospheric emission license
 Biodiversity permit
 Permission to access the protected areas under the act.
Water Pollution
For the use, management, quality and distribution of the water of the country, the
custodial powers lies with the government. The National Water Act is the main legislation
concerned in South Africa. The Ministry of water and sanitation is the ultimate authority which
is responsible for lawful management of water and water resources. The department of water and
sanitation issues license for the use of water required for activities prescribed in the act. Different
licenses are required for different activities but if one action is triggered then, it may be possible
to provide single permit for all water use.27 The water use license is needed for the following
mentioned activities :
 using water from a water resource
 storing water
 for diversion the water flow in the water course
 involvement in a stream flow reduction activity
 engaging in a controlled activity
 disposal of waste in such a manner that is harmful or creates contamination of water
resource
 discharging or disposing of waste or water containing waste into a water resource through
a sewer, pipe, sea outfall, conduit or canal
 disposing water which contains waste heated in any industrial or power generation
process
 alteration of banks, beds, course or characteristics of a water course
27 Dixon, M., McCorquodale, R. and Williams, S., 2011. Cases and materials on international law. Oxford
University Press.
16

 water use for the purpose of recreational activities
 removal or disposal of water found under ground for the purpose of safety of people or
efficient continuation of any activity.
If any activity cause or likely to cause water pollution, then, the person in control or owner is
required to take all reasonable measures to prevent such pollution.28 Such measures include – the
offending activity is ceased, controlled or modified, compliance with the prescribed waste
standard measure or management practice, the movement of pollutants can be inhibited,
elimination of sources of pollution, remedying the effects of pollution and any disturbance
caused to the bed of the water resource. The relevant regulators may be order the owner or
occupier to remedy for the effects of pollution and disturbance caused in the water resources's
bed due to his negligent actions or offence.
Air Pollution
The environmental laws contain provisions for the prevention and management of air
pollution in the state. Various activities are listed as prescribed activity which are required to
ensure minimum emissions from the industries and factories that causes air pollution. Following
mentioned acts are considered as an offence :
 Carrying out listed activities without obtaining a license
 Engaged in the manufacturing, sale or use of appliance which is declared as a controller
emitter without abiding by the rules prescribed in the legislation.
 Failure to implement pollution prevention plan or atmospheric impact report.
 Failure of the owner or occupier of the premises to take any preventive actions that
causes offensive odour due to activities conducted in the premises.
 Supplying any false or misleading information to the authorities.
All persons have the duty to prevent environmental degradation and pollution and reduce the
impact and rectify in the maximum possible manner.29 Offending parties are required to clean up
and compensate for the damages caused to the environment.
Sierra Leone has a comprehensive environmental impact assessment regime which
consists of basic assessment report and environment impact report. Department of environment
28 Thompson, J. B., 2015. Justice in Sierra Leone: Principal Agencies. In Universal Jurisdiction: The Sierra
Leone Profile. (pp. 29-51). TMC Asser Press.
29 Jalloh, C. C., 2013. The Contribution of the Special Court for Sierra Leone to the Development of
International Law. African Journal of International and Comparative Law. 15(2). pp.165-207.
17

affairs issue environment authorisation and other permits depending on the basis of activities
involved. The offending party is liable for penalty which depends upon the severity of offence
and impact on the environment.
Waste
The increase in waste disposal by the people without any regulation has caused severe
impact on the environment and has destroyed the scenic beauty of the Sierra Leone. The
legislation provides for the management of wastes i.e. to recycle or treat the waste in such a
manner which is environmental friendly. The following should be considered in context of
regulation of waste :
 Transferring and storing of waste
 Recovery and recycling of waste
 Treatment of waste
 Waste disposal on land
 Treatment, processing and storing of animal waste
 Expansion or decommissioning of facilities and associated structures and infrastructure.
No waste management activity can be undertaken except in accordance with the requirements or
standards imposed by the laws and regulations.30 Following are considered as an offence in
respect of waste management :
 if anyone fails to prevent spillage and littering from the vehicle
 disposing waste at an unauthorised facility
 failure in determining whether authority is responsible for waste acceptance
 failure to comply with the duties of a person in transporting waste.
30 Rackley, E., 2010. What a difference difference makes: Gendered harms and judicial diversity. International
Journal of the Legal Profession. 15(1-2). pp.37-56.
18

CHAPTER 3 : ENFORCEMENT OF THE PRECAUTIONARY PRINCIPLE
3.1 Concepts enshrined in the precautionary principle
The development of technology has supply numerous welfare for the wellness and
surroundings. Supply of energy, modern housing, water and waste treatment system, modern
ways of food production, pest control, immunization and telecommunication plays a key role in
improvement of wellness and choice of piece herein accelerative the existence prospect and
providing protection to the surroundings. In antiparallel, there are development of several agents
and circumstances which are difficult to predict and poses irreversible risk on the human life and
ecosystem health31. On one hand, there is great advancement in the understanding of
environmental and health risk and on the other, the complexity of the factors to affect health. The
major concern is environmental and health effects of technology which influence future
generations and their ability to attain sustainable development32.
The preventive rule states that, in cases of serious or permanent warning for the health of
peoples or the system,which should not use as a explanation to set back healthful measures. The
principle start as a tool to structure unsure technological information and a governmental
liabilities to act to forestall harm to peoples health and to ecosystems33. The argument around the
warning rule is crucial and difficult, as it includes important aspects of human life, such as the
right to health and to a clean environment and the aspiration for better standards of living. When
such elements are potentially in conflict, such as when precautionary action might disrupt the
free flow of trade, policy development often becomes controversial34.
concept about precautionary principle is new guideline in environmental decision
making. It states that in case any action is suspected to reason hurt to national or situation then,
in the deficiency of technological agreement that such activity is not baneful would be on person
who caused such action. The precautionary principle is used in the situation where there are
31 Jin, Jingliang, et al. 'Dispatching strategies for coordinating environmental awareness and
risk perception in wind power integrated system.' Energy 106 (2016): 453-463.
32 Portney, Paul R., ed. Public policies for environmental protection. (Routledge, 2016).
33 Cole, Daniel H. Instituting environmental protection: From red to green in Poland.
(Springer, 2016).
34 Eckerberg, Katarina, and Mans Nilsson. Environmental policy integration in practice:
Shaping institutions for learning. (Routledge, 2013).
19

chances of damage from execution of unsure conclusion and the deficiency of big technological
cognition on that concern by the policy makers35. The rationale behind this principle is
protection of people from exposure of harm where plausible risk is identified as a result of
scientific investigation. There are four crucial components of precautionary principle which
involves taking healthful activity in case of quality, the concern of evidence is shifted for the
individual of action, demonstrating numerous alternatives for the harmful action and enhancing
the participation of public in decision making process36.
The important purpose of precautionary principle about ensure broad level protection
for environment by taking preventative decisions in case of risk. This principle has a positive
impact on the international level and its scope is far wider and encompasses various policies. The
precautionary principle may be invoked when there is dangerous impact involve din any product,
phenomenon or process which is suspected with the help of scientific evaluation and such
evaluation does not detect the risk with reasonable certainty37. The principle may be invoked in
the below mentioned three conditions :
 when the potential adverse impact is identified
 there is availability of evaluation of scientific data
 extent of scientific uncertainty.
The precautionary principle is a strategy central to the risk management which intends to cope up
with the possible risk or damage in cases where scientific knowledge is yet incomplete and risk
is suspected by scientific evaluation. When the activities of humans causes harm which is
morally unacceptable and scientifically plausible but there exists some uncertainty due to lack of
extensive scientific knowledge, then there is a requirement to diminish or avoid such harm for
35 Gutteling, Jan M. Risk communication. (John Wiley & Sons, Inc., 2015).
36 Neuteleers, Stijn, and Bart Engelen. "Talking money: How market-based valuation can
undermine environmental protection." Ecological Economics117 (2015): 253-260.
37 Abdullah, H. J. and Fofana-Ibrahim, A., 2010. The Meaning and Practice of Women's
Empowerment in Post-conflict Sierra Leone. Development. 53(2). pp.259-266.
20

the protection of public38. Morally unacceptable harm can be to human or environment which can
be determined as :
 threatening to the health or life of humans
 severe and effectively irreversible in nature
 not equitable or fair to existing or upcoming render
 obligatory without taking into thought the manlike rights of those who are impacted.
The assessment of plausibility should be on the basis of technological investigation. Such
investigation must be current in order to ensure that actions selected are subject to review.
Actions are undertaken to minimise, deflect or decrease the unhealthiness before it occurs.
Activities must be depend on the intensity of the hazard and the potential harm that can be
caused by it39. Moreover, the positive and negative consequences of the action should be
considered before taking it and there should be an appraisal of motive express of both the
situations – when activity is taken, when it is not taken. Surroundings administration concept that
if a declaration of earnest or permanent change to the surround or human wellness survive, a
demand of full technological cognition about the position should not be allowed to intermission
system or alternative steps if the balance of prospective costs and welfare apologize enacting
them. In another point of view , "interference is better than medicine." It is called obstructive
principle40.
3.2 Conditions under which precautionary principles apply
The application of precautionary principle is hindered due to absence of political will and
also due to wide range of interpretations that are placed on it41
Four main variant of precautionary:
38 Albrecht, P.A., 2010. Transforming internal security in Sierra Leone: Sierra Leone police
and broader justice sector reform (No. 2010: 07). DIIS Reports/Danish Institute for
International Studies.
39 Cartier, L. E. and Bürge, M., 2011. Agriculture and artisanal gold mining in Sierra Leone:
alternatives or complements?. Journal of International Development. 23(8). pp.1080-1099.
40 Cho, D. I., Ogwang, T. and Opio, C., 2010. Simplifying the water poverty index. Social
indicators research. 97(2). pp.257-267.
41 Zhang, Y., Song, W. and Nuppenau, E.A., 2016. Farmers’ Changing Awareness of
Environmental Protection in the Forest Tenure Reform in China. Society & Natural Resources.
29(3). pp.299-310.
21

 Technological uncertainty should not mechanically prevent standard of action that
position a possible risk of momentous ill health (Non-Preclusion PP).
 Restrictive power should integrate a border of status; action must be controlled below the
horizontal at which no harmful effect has been discovered or expected (Margin of Safety
PP).
 Action that existing an unsure expected for significant harm should be capable to best
engineering available need to minimise the hazard of harm inferior the advocate of the
action display that they immediate no considerable hazard of harm (BAT PP).
 Action that immediate an unsure potential for important harm should be impermissible
unless the individual of the activity shows that it shows no appreciable risk of harm
(Prohibitory PP).
When the activities of humans causes harm which is morally unacceptable and scientifically
plausible but there exists some uncertainty due to lack of extensive scientific knowledge, then
there is a requirement to diminish or avoid such harm for the protection of public42. Morally
unacceptable harm can be to human or environment which can be determined as :
 threatening to the health or life of humans
 severe and effectively irreversible in nature
 not equitable or fair to immediate or upcoming render
 obligatory without taking into thought the human precise of those who are impacted.
Cost benefit analysis may be used in determining how to use precautionary principles wherein
the opportunity cost that would arise in case of inaction and the alternative quantity of waiting
for further action is analysed. One of the major issue that is faced in case of application of
precautionary principle is there is irreducible conflict between different interests in modern
policy making43.
Strong and weak precautionary principle
The strong principle emphasizes on the need that regulation would be hold in case
wherever there is the certain hazard or threat for environment, condition and health level when
evidences encouraging are speculative and system costs of conception is advanced. Powerful
version for this rule was first given in United Nation Charter for Nature (Sampford, Zifcak and
42 Portney, P.R. ed., 2016. Public policies for environmental protection. Routledge.
43 Chen, C.M. and Wu, S.M., 2015. Introducing Environmental Awareness in the Game
Design-A Report on the reserved fauna and flora in Taiwan. 일일일일일일일 일일. 45. pp.85-92.
22

Okur, 2015). It is also referred as “no regrets” principle where the cost of preventive actions are
not taken into account44. On the contrary, weak precautionary principle holds that action would
not be precluded if the harm is severe and irreversible where there is lack of scientific evidence.
A dynamic variant is less constrictive and enables healthful measures to be interpreted in case for
uncertain situations but not force people. For satisfaction that unhealthiness is limited, it should
be ascertained that the probability of the occurrence and severity of the consequences. In some
cases, there is requirement to consider the costs of the action taken to mitigate the risk. The
justification for using precautionary principle will be given by those who advocate precautionary
actions. Strong versions justify precautionary measures and even liability is established for the
harm caused to environment45.
It is on the discretion of authorities of risk management whether to act or not depending
the extent and nature of risk. In case of high level of risk, various measures can be taken which
may involve financing of research programmes, proportionate legal acts and public information
measures etc46. Three specific principles are required to be informed in the precautionary
principles :
1. The maximum possible scientific evaluation and determination of degree of uncertainty
involved in the scientific evaluation
2. Evaluation of risk and potential consequences that would follow due to inaction in case of
risk
3. When the results of scientific evaluation and risk evaluation are ascertained, after, that,
there should be involvement of complete the concerned organization in assessment for
preventive measures47.
In addition to above, the broad rule of risk administration would be applied when the preventive
rule is raise. All the consists of five basic rule :
44 Royo, S., Yetano, A. and Acerete, B., 2014. E‐participation and environmental
protection: Are local governments really committed?. Public Administration Review. 74(1).
pp.87-98.
45 Hanson, M.L. and et. al., 2017. How we can make ecotoxicology more valuable to
environmental protection. Science of the Total Environment. 578. pp.228-235.
46 Karamage, F. and et. al., 2016. The need for awareness of drinking water loss reduction
for sustainable water resource management in Rwanda. J. Geosci. Environ. Prot. 4. pp.74-87.
47 Zhou, H. and Zhang, T., 2015. A research on the methods and strategies for developing
citizens' environmental awareness and advancing citizens' environmental contributive
actions. Canadian Social Science. 11(2). pp.129.
23

 Dimension of proportion between the selected level of protection and the measures
taken
 there should be no discrimination while applying the measures
 consistency should be maintained while applying same measures in the similar
situations or following similar approaches
 assessment of cost and benefits in both the cases when action is taken and when it is
not taken
 measures are to be reviewed in the light of scientific developments48.
3.3 Processes and measures applicable to the implementation and operation of precautionary
principle
The attribute and connection of forthcoming technological substance is fundamental to
the argument. There are available data for evaluating the problem of manlike wellness and
system usually planned to agreement with direct subordinate between disclosure and malady.
Boundary in technological agency and in the power to determine or to measure causal relation
are on occasion explain as indication of condition. If, when planned or current technologies or
action entail actual long-term, unknown harmful health personal effects, the necessity for more
loyal technological information has often been used as a explanation for inaction49.
Further, government bodies regularly have to wait till the some specific proof of damage
is not specified along with a reasonable and sensible doubt before they can make action against
to prevent harm. This restriction may results in application of environmental and public health
policies based on then action taken, involving curing action after a damage has caused ill effects,
instead of developing a action for its precaution and prevention. The regular lack of knowledge
about the type of risk involved and the uncertainty of risk and increasing complexity in risks
associated and the limitation of science applications during damage and limits in policy
structures which regulates them to acquire new tools and techniques to support the efficient
decision making where heath and social welfare of people may be affected. Failure in making
application of precautionary action can have adverse affect on economical cost and the social
48 Qu, Y. and et. al., 2015. Sustainable development of eco-industrial parks in China: effects
of managers' environmental awareness on the relationships between practice and
performance. Journal of Cleaner Production. 87. pp.328-338.
49 Runhaar, H. and et. al., 2013. Environmental assessment in the Netherlands: effectively
governing environmental protection? A discourse analysis. Environmental impact assessment
review. 39. pp.13-25.
24

cost50. A lots of number of children is suffering with nervous system damage, decreased mental
capacity and in result decrease in ability to make a better life, all are resulted from the excessive
exposure to lead fin paint and in smelters. Tobacco, asbestos and many different agents provide
sufficient proof of the high cost incurred in waiting for compelling evidence of hazards damage
to health. These all demonstrations provides the evidence to the failure of science and policy
defined for prevention of harm to heath of person and the ecosystems and the regulatory effects
on economy and health and welfare.
Different parts of defining structures of policies to apply the principles of precautionary
actions should be implemented in all different countries and in all existing situations. Precautions
always referred to as banning of hazardous activities that can result in damage. There should be
well defined terms to say “yes”- along with caution incurred. These tools and techniques would
relay the responsibility towards the person who evolve the quantity of risk and implement a
environmental friendly actions to reduce the effect of harm51. The components are as follows:
In case of uncertainty the general duty of a person is to define proper precautions and preventive
action to carry out work successfully. These duties assign a responsibility to the governmental
and non- governmental bodies to work in a precaution manner if there is proof that n action (or a
thing) may posses a damage to health of living being or risk for healthy environment, even there
is no well defined terms and regulations of the action. Much unspecific duties can be completed
through law rights to a fresh and bouncing surroundings as well52.
 To set the goal for the environment and national health security. The environment always
provide the information for creativity acceptance of actual risk, even without evidence of
causality53. The Swedish government has planned form out continual and bio
50 Conrad, C. and et. al., 2015. Community outbreak of HIV infection linked to injection
drug use of oxymorphone—Indiana, 2015. MMWR Morb Mortal Wkly Rep. 64(16). pp.443-444.
51 Jin, J. and et. al., 2016. Dispatching strategies for coordinating environmental awareness
and risk perception in wind power integrated system. Energy. 106. pp.453-463.
52 Fanthorpe, R., Lavali, A. and Sesay, M. G., 2011. Decentralization in Sierra Leone:
Impact, Constraints and Prospects. DFID Sierra Leone.
53 Grant, J. A., 2012. The Kimberley Process at ten: Reflections on a decade of efforts to end
the trade in conflict diamonds. In The Global Diamond Industry. (pp. 119-142). Palgrave
Macmillan UK.
25

accumulative matter in production by the year 2007 because they have characteristics that
are not incompatible with preserve.
 It focusses on opening harm and identify the problems or gives the specific services.
Fresh presentation is a known set of method to utilize the preventive principle. Fresh
presentation, it reduce the materials and toxics used in goods and services, has been
incontestable not only to make performance to the environment but also to change
economical aggressiveness and invention. Other prevention-oriented performing include:
pre-market testing; limitations pending further testing; labelling; and health-based
influence limits54.
 Observation to incessantly measure possible unfavourable personal effects of both current
and secondary action. Conclusion made under a preventive model must be predate by
day-and-night observation to ensure that they can be intelligence as new message
becomes acquirable. All the goal should be to endlessly improve environmental
conditions, evaluate actual impacts before they happen and take act to preclude harm
based on this information55.
 Economical inducement to support cautiousness. Contaminate should be accountable for
paid the full costs connected with the wellness and environmental impairment they
create. Environmental bonds, it provide an incentive to preclude harm in the expression
of uncertainty56.
 Parliamentary decision-making construction. . Construction such as vocal being juries,
national consultive administrative unit, local activity, and discipline shops can insure that
54 Jimmy, D. H., Bangura, U., and Stenger, D. A., 2013. Water quality associated public
health risk in Bo, Sierra Leone. Environmental monitoring and assessment. 185(1).
pp.241-251.
55 Kelly, J. D., Barrie, M. B., and Bausch, D. G., 2013. Housing equity for health equity: a
rights-based approach to the control of Lassa fever in post-war Sierra Leone. BMC
international health and human rights. 13(1). p.2.
56 Maconachie, R. and Hilson, G., 2011. Artisanal gold mining: a new frontier in post-
conflict Sierra Leone?. The Journal of Development Studies. 47(4). pp.595-616.
26

national have both the psychological feature and access necessary to power complex
decisions57.
3.4 Principles of Risk Management
Risk is the part and parcel of life and involved in its very aspects. The nature of risk is
manifold depending upon the situations and circumstances in which it occurs. Risk is important
for development and growth of all. In today's environment, it is important to manage and
minimise the impact of risk to survive and grow58.
Risk management can be determined as a process wherein risk is identified, assessed and
controlled to protect the individuals or organisations from the potential harm that can be caused
due to it. Various regulatory and legislative frameworks have mandated the need for
scrutinization or development of risk management plans, policies and programmes59. Risk
management process involves identifying, addressing and prioritizing the risks which is followed
by economic and coordinated application of resources in order to monitor, control and minimize
the impact of risk or maximisation of opportunities. Events are broadly classified into two –
negative events which are categorised as risks and positive events that are classified as
opportunities. There are a number of methods, goals and definitions that varies widely as it is
dependent on the alignment of risk management in accordance with the security, project
management, industrial process, engineering, financial portfolios, actuarial risks, safety and
health of public60.
An ideal risk management projects a process whereby prioritizing is of prime importance.
Herein, the risks which poses highest loss or have the greatest likelihood of occurrence are
handled first and rest risks are in the descending order in this process. Practically, the overall
57 Wilson, S. A. and Wilson, C. O., 2013. Modelling the impacts of civil war on land use and
land cover change within Kono District, Sierra Leone: A socio-geospatial
approach. Geocarto International. 28(6). pp.476-501.
58 Kopecký, P., 2011. Political competition and party patronage: Public appointments in
Ghana and South Africa. Political Studies. 59(3). pp.713-732.
59 Bradford, B., Huq, A. and Roberts, B., 2014. What price fairness when security is at stake?
Police legitimacy in South Africa. Regulation & governance. 8(2). pp.246-268.
60 Hammett, D., 2010. Zapiro and Zuma: A symptom of an emerging constitutional crisis in
South Africa?. Political Geography. 29(2). pp.88-96.
27

assessment of risk is difficult and there are chances of mishandling the balance between
resources used for mitigation among risks which have high probability of occurrence but loss is
lower and the risk with less probability of occurrence but the loss is very high.
There are certain specific principles of risk management, thus, while dealing with actual
risk assessment, the target areas as mentioned below should form part of overall risk
management procedure :
 There should be value creation in the process.
 It should be an integral part of the process of organisation.
 It is encompassed in overall decision-making process.
 This needs to be properly structured and in a systematic manner.
 The uncertainty must be addressed explicitly.
 The basis should be the best information available.
 Human factors must be taken into consideration.
 It should be aligned with the project.
 It should be all inclusive and transparency should exist.
 It needs to be dynamic and easily adaptable to the changes.
 It should be continuously reviewed and monitored so that improvements can be made.
The risk administration procedure in the main consists of 4 main path – establishing the context,
identification, assessment and monitoring which are explained here under :
1. Establishing the context : It is the stage wherein all possible risks are identified and
their consequences and outcomes are thoroughly analysed. Different strategies and
decisions are made to deal with and manage the risk61. This can be categorised as
predate :
- Determination of a risk in one special area.
- Design out the whole establishment activity.
- Procedure the unmistakable of the risk, determination of subjective of risk etc.
- Protection a model.
- Design an investigation of risks active at each level.
- Crucial upon the risk mixture/s.
61 Daye, R., 2011. Political forgiveness: Lessons from south Africa. Wipf and Stock
Publishers.
28

2. Discovery : After establishing the discourse, it is required to identify the risks and
potential threats. Origin synthesis means the origin or origin point of risk is determined
and the measures taken for its mitigation. This risk may be intrinsic or extrinsic to the
method. At the other way, problem analysis effectuation analysing the impact of risk
instead than its cause62. Some for common methods for identification of risks are :
- Taxomony based risk identification wherein the suspected risks are broken down.
- Objective based risk identification : every organisation or entity is established with the purpose
to achieve some objectives and any hurdle that hampers the accomplishment of such objective is
considered as risk.
- Scenario based risk identification : For achievement of objectives, various scenarios are created
and any undesirable scenario that is deemed to hinder attainment of such objective is perceived
as risk.
- Common risk check : Some risks are common to industry, these needs to listed and timely
checked.
3. Assessment : Once the risks are identified, it is important to assess them on the basis of
their nature and impact. The process is tedious in case of intangible risk and simple for
assessment of tangible risks63. The main rationale is to determine the overall likelihood
and ramifications of the risk. Then, the decision is made whether the risk is acceptable
and willingness to take it based on the risk appetite.
4. Monitoring : It is crucial to continuously monitor and control the risk both existing and
potential. On the basis of this, overall management process would be reviewed and
modified.
3.5 Processes and mechanism necessary for implementation
The precautionary principle formulates to be one of the integral constituents of risk
governance. In order to undertake an effective and responsible risk management of the
environmental aspects, presence of precautionary principle is a necessity. The increasing usage
62 Christie, P., 2010. The complexity of human rights in global times: The case of the right to
education in South Africa. International Journal of Educational Development. 30(1). pp.3-
11.
63 Von Holdt, K., 2013. South Africa: the transition to violent democracy.Review of African
Political Economy. 40(138). pp.589-604.
29

of risk assessment or management in relation to environmental concerns has been a matter of
controversy and an on-going debate.64 Another trend which has been simultaneously functioning
with is the need or demand of application of cost-benefit analysis on decisions of environmental
concerns. This process requires the entities to weigh the amount of costs which shall be incurred
against the specific benefits which shall be generated by undertaking the project or task in hand.
Generally both the variables of cost and benefits are measured in terms of monetary values so as
to be able to effectively compare the two sides. The application of this measure is supported by
environmentalists who allege that the assets possessed by environment are either under-priced or
free. In consequence these resources are usually over exploited or abused by people thereby
causing environmental damage. In pursuance to these trends it is argued by the environmentalists
that by attributing a monetary value to these assets shall enable people to give more weight to the
concept of environmental protection.65 Thus, application of cost – benefit analysis is conjunction
with environment impact assessment shall enable effective implementation of risk management
in environmental issues. Another measure which has gained insistence in the recent times is that
of comparative risk analysis, which in effect makes an evaluation of environmental hazards and
on the basis of the same prioritizes various projects by allocating budget on the basis of relative
magnitude of risks. Application of comparative risk analysis makes a presumption that a
quantitative risk assessment has been undertaken for ascertainment of the specific hazards which
shall be compared.
One of the forms of effective comparative risk assessment is preparing a framework to
include the following:
 Issue Identification
 Risk Assessment
 Risk Management
On the basis of these three steps the mechanism primarily focuses on prioritizations of the
element of risks, in order to address the most crucial risks at the first instance. In accordance to
this mechanism the identified risks shall be viewed in a broader context. In consequence of the
64 Risk Assessment and the Precautionary Principle <http://www.cela.ca/sites/cela.ca/files/uploads/Ch4.pdf>
accessed on 10th April 2017
65 The precautionary principle and environmental risk management: contributions and limitations of
economic models <http://www.scielo.br/scielo.php?pid=S1414-753X2013000400008&script=sci_arttext&tlng=en>
accessed on 10th April 2017
30

same, the concerned entities shall be able to avoid separate assessments as well as undue
interventions which are relatively less vital in nature. It has been also stated that these forms of
prioritization can be characterized as being accountable for usage of limited resources, moreover,
using them in a wise manner. However, there is another view, in accordance to which this
process of risk prioritization is susceptible to falling into the trap of comparison of varied forms
of environmental risks which may be natural or human-made, voluntary or in-voluntary. Thus,
this approach highlights the ideology that every situation is attached to some degree of risk and
that some forms of risks are not exclusive to specified situations. This infers that there are risks
which are shared by the entire society, thus making it cumbersome to undertake a comparison
and prioritize the risks.
Another form of risk mitigating strategies which could be adopted is in the nature of
handling the available options.66 In pursuance to this form of risk management mechanism the
available options are assessed on the basis of combination of possibility of occurrence as well as
severity in relation to the consequences which shall be resulted from the identified environmental
risks. These form of risk mitigation is inclusive of the following handling options: Assume/Accept: At this stage of risk management technique the entities are required to
collaborate with other operational users to appraise themselves about the possible risks
and the associated implications. Further, the ascertained implications of risks shall be
characterized on the basis of extent or degree of risk.67 An extensive understanding
about all the concerned environmental implications shall be understood. On the basis of
these ascertainments the concerned tasks shall be undertaken only if a high risk is not
attached with it. Avoid: In the event it is ascertained that a high degree of environmental risk is attached
with a concerned task, then every possible measure shall be undertaken to avoid the
said risk. The requirements of the task shall be modified in order to eliminate the
existing constraints in its totality or at least partially to minimize the effects. Through
66 Environmental Risk Management (2013) <http://www.ferma.eu/app/uploads/2013/10/environmental-risk-
management-report.pdf> accessed on 10th April 2017
67 Environment Protection Principle: Assess and manage environmental risks
<https://dfat.gov.au/aid/topics/safeguards-risk-management/environmental-protection/Documents/
environmental-protection-good-practice-note-2-5.pdf> accessed on 10th April 2017
31

this measure the respective programs shall be accommodated to eliminate the possible
consequences. Control: In the event undertaking the task is a necessity and the consequences also
cannot be eliminated in accordance to the scientific views, the implementation of
actions shall be in such a manner that all the environmental impacts are minimized or
reduced to the greatest extent possible. Transfer:This stage of handling option requires the entities to reassign the
accountability as well as responsibility to another resource, which has the capacity to
reduce the environmental impact of the concerned action.68
 Watch/Monitor: Monitoring is another important aspect which enable the organizations
to ascertain the changes or uncertainties which arise in the course of implementation.
This in turn enables to reduce the undue impact of un-predictable risks on the
environment.
3.6Making precautionary measures operational
The precautionary principles in respect to reducing impact of different actions on the
environment can be made operational through a variety of modes. It is believed that one of the
most effective ways to operationalize the precautionary measures is through increasing
awareness among the public of Sierra Leone in general. This shall enable the nation to make
these measures operational at an extensive level. The awareness could be enhanced through
conducting various campaigns to inform the people about the importance of applying
precautionary measures and the need to reduce environmental impacts. Moreover, these
campaigns can also enable the people to learn various measures for protecting the environment
and the effective way to implement the same. Moreover, a very important role can be played by
the administration of cited person. court of nation are already handling numerous environment
cases. Through the medium of these judicial pronouncements the court can require the parties to
adopt precautionary principles which shall enable the entire country to reduce their footprint.
Moreover, the court shall also undertake suo moto actions within their jurisdictional powers to
draft a guideline for implementation of precautionary measures. This shall further enable the
nation to understand the importance of these measures and apply the same in the most effective
68 Nicholas A. Ashford, Implementing The Precautionary Principle: Incorporating Science, Technology,
Fairness, And Accountability In Environmental, Health, And Safety Decisions
<http://www.imp.lodz.pl/upload/oficyna/artykuly/pdf/full/Ash7-01-04.pdf> accessed on 10th April 2017
32

manner. Therefore, Judicial precedents is one of the most effective way to make the
precautionary principles operational in different fields. Lastly, an initiative shall be undertaken
by the legislature to develop and execute such policies and regulations which require people or
entities from different industries to adopt these measures in their daily operations. Hence,
rendering enforceability of these measures shall enable the government to make the
precautionary principle effective.
33

CHAPTER 4: THE WAY FORWARD
4.1 Need for an environmental court
Environmental audit is considered as t he effective approach as it helps in reflecting upon
different types of evaluatio that intend to assess environmental compliance and management
system so that best results could be attained as per the corrective action. It involves different
environmental audit such as compliance and management system audit so that best results could
be attained69. Businesses carry out effective audit that intends to review the business legal
compliance and thus fulfill the needs in relation to not affect the business functions. There is an
high need for setting environmental court so that it results in improving the performance of
environment so that set results could be attained. The environmental court is set up for carrying
out environmental cases so that it could be solved in relation to bring positive outcomes. Also,
such court helps in providing benefits to environmental experts that carries out effective process
and thus elaborate discussion so that environmental protection could be attained. Main
provisions in identifying the need for an environmental court so that with the help of tribunal it
helps in providing the best judgments so that minimum number of cases could be resolved.
Through implementing such environmental court it results in settling international
environmental cases and thus protect the environment in order to improve the environmental
concern. Also, developing international law should do a better job which results in protecting the
environment and everyone recognizes that global problems need to be solved. Individuals are
intuitively involved in understanding the politically difficult at the national level so that
environment could be protected with the help of such cases70. Setting international environmental
court results in providing effective outcomes so that environmental protection standards could be
made. Through setting international court for environment looks like carrying out current
international legal order and helps in providing effective international legislation for
environmental protection and thus results in improving business performance. Setting
international court for environment helps in working effectively in relation to comparing current
69 Vickers, B., 2012. Towards a new aid paradigm: South Africa as African development
partner. Cambridge Review of International Affairs. 25(4). pp.535-556.
70 Scott, L., Dolan, C. and Wu, M., 2012. Enterprise and inequality: A study of Avon in
South Africa. Entrepreneurship Theory and Practice. 36(3). pp.543-568.
34

international legal order and providing greater environmental accountability so that it could
result in serving better and rebalance the world i.e. people and planet.
There are several issues related to climate change and resource scarcity so that relative to
competing concerns for economy and security and thus develops cooperative between states and
and thus protect the environment which results in improving business performance.
Environmental court results in being accountable for protecting the environment and thus carries
out international court of Justice71. However, if there is high environmental degradation, climate
change and resource scarcity etc. results in raising the chance of setting environmental court.
Creating an international court for environment which results in overcoming the polycentric
nature of environmental disputes. There is one party that helps in raising the legitimate ethical
issues and thus deliver better performance which results in improving economic environment of
country. Through carrying out critics of an international environmental court are certain quick in
nature and thus helps in solving environmental cases. Environmental court helps in listening to
the issues related to environment and thus provide judgments so that it could impact upon the
environment and degrade it effectively72.
Environmental court carries out effective action which results in creating an international
tribunal for environment and thus concerning parties need to carry out existing trade and
environmental laws so that they could decide upon concerned case. Also, the option that does not
fundamentally rebalance the system and thud obtain the best information related to provide the
best justice by the court that does not affect the parties involved within the case73. Also, it has
been identified that new environmental laws and institutions results in carrying out effective
environmental laws and thus provide economic and environmental priorities so that it results in
creating a framework that could enforce mutually agreed standards in order to work effectively
and efficiently. Also, considering an effective approach it results in identifying the need of
71 Comaroff, J. and Comaroff, J. L., 2015. Theory from the South: Or, how Euro-America is
evolving toward Africa. Routledge.
72 Burns, J. K., 2011. The mental health gap in South Africa: A human rights issue. The
Equal Rights Review. 6(99). pp.99-113.
73 Gerhart, G. M. and Glaser, C. L., 2010. From Protest to Challenge: A Documentary
History of African Politics in South Africa, 1882-1990-Challenge and Victory,. 1980-
1990 (Vol. 6). Indiana University Press.
35

setting international environmental court so that appropriate justification could be given in
relation to protect and safeguard environment74.
4.2 An Environmental Charter- A new role of courts
Environmental Charter was develop in July 2002 and thus comprises of varied principles
which results in implementing the same within court so that environment could be protected.
 It also helps in controlling and reducing the environmental impact of carrying out goup
activities.
 Also, controlling the risks that impact linked with the products sold by environmental
charter.
 It also promotes a rationale for continuous improvement.
 Also, carrying out factoring the environment into every stage so that environmental
charter could be implemented in terms of influencing business functions.
 Environmental charter results in carrying out strict compliance with regulations.
 Also, developing self knowledge in relation to improve and communicate.
 Further, anticipating regulatory change carries from a sustainable development
perspective75.
 Moreover, contributing to the development of scientific knowledge and thus improved
environmental charter.
Environmental Charter establishes code of conduct in order to make aware of current
social responsibility of business. Also, establishing a environmental charter in regard to carry out
effective environmental principles and action plans so that appropriate outcomes could be
attained. However, carrying out environmental charter helps in contributing to a sound
environment and society through improving technology and thus harmonizes with nature and
through carrying out production which is environmental friendly76. Also, vision of developing
environmental charter needs to protect the environment which is preserved and enable all
individual to pursue their full potential. Further, developing action plan so that harmony of
74 Sanders, J., 2012. South Africa and the international media, 1972-1979: A struggle for
representation. Routledge.
75 Jin, Jingliang, et al. 'Dispatching strategies for coordinating environmental awareness and
risk perception in wind power integrated system.' Energy 106 (2016): 453-463.
76 Portney, Paul R., ed. Public policies for environmental protection. (Routledge, 2016).
36

environmental charter could be implemented and thus preserve the environment so that it does
not get affected.
 To produce energy and resource in regard to save products and thus give careful thought
in relation to environmental safety issues in regard to develop and planning.
 Also, encouraging development of environmental technology and thus introduces the
same at all the levels and thus production, sales, distribution and dispose the product.
Also, it is essential for producing environmental charter and thus recycle the methods in
regard to minimize adverse effects upon environment77.
 Further, to respect and adhere to national and regional environmental regulations and
strive to strengthen environmental charter standards.
 Also, contributing positive action to society through carrying out global environmental
and thus raise the consciousness of firm so that environmental charter could be
implemented in an effective way.
 Providing structured administrative business for improving environmental management
and thus identify different areas so that delegate responsibilities in relation improve
environmental matters78.
 Moreover, maintaining and strengthening an independent environmental management
system in regard to implement improvement measures so that environmental charter audit
could be implemented in an effective way.
 With the help of environmental charter it results in carrying out environmental protection
and thus make public announcement s so that environmental technologies could be used
in terms of improving performance79.
Here, in regard to improve the role of court it helps in implementing environmental
charter and thus it is the duty of court that helps in applying and interpreting the law. Also, court
could apply the law to the facts and thus effective decision based upon the facts in relation to act
77 Eckerberg, Katarina, and Mans Nilsson. Environmental policy integration in practice:
Shaping institutions for learning. (Routledge, 2013).
78 Neuteleers, Stijn, and Bart Engelen. "Talking money: How market-based valuation can
undermine environmental protection." Ecological Economics117 (2015): 253-260.
79 Abdullah, H. J. and Fofana-Ibrahim, A., 2010. The Meaning and Practice of Women's
Empowerment in Post-conflict Sierra Leone. Development. 53(2). pp.259-266.
37

beyond the powers. Here, court plays a crucial role in terms of influencing the decision and thus
implement environmental charter so that it helps in managing the decision so that environment
could be protected. Through carrying out pivotal role in improving environmental protection and
thus decision relates to protecting the environmental law80. Thus, playing judiciary role results in
establishing environmental court and develop charter so that it could result in environmental
protection so that court could prevent environment from getting affected.
4.3 Environmental law awareness
Through creating awareness programme it helps in protecting environment by creating
effective laws and regulations so that best results could be attained. Thus, it is essential to
organize effective training program and develops the environmental so that it could be avoid the
issues and results in protecting and safeguarding environment, forest and other natural resources.
However, the participants involved in training programs aims to enhance environmental law
awareness so that providing such measures results in improving the code of conduct so that best
results could be attained81. It is essential for each and every individual to develop awareness
among individual regarding environment protection and thus improve the society so that
environment protection measures could be taken in relation to protect the environment. There are
different environmental protection law that needs to be adopted in relation to carry out effective
practices so that changes could be effectively brought within environment. It also safeguard in
protecting the environment and thus overcome pollution so that industrial hazard could be
avoided. It is essential to possess effective knowledge about environmental awareness law so that
best results could be attained82.
However, it is essential for empowering effective environmental awareness law and thus
improving environmental conditions results in safeguarded so that best results could be attained.
Through such common law it results in developing environmental law and awareness which
results in improving society and protect the environment so that success could be attained.
Environmental law and creating awareness of environment results in widely assumed to protect
80 Albrecht, P.A., 2010. Transforming internal security in Sierra Leone: Sierra Leone police
and broader justice sector reform (No. 2010: 07). DIIS Reports/Danish Institute for
International Studies.
81 Portney, P.R. ed., 2016. Public policies for environmental protection. Routledge.
82 Karamage, F. and et. al., 2016. The need for awareness of drinking water loss reduction
for sustainable water resource management in Rwanda. J. Geosci. Environ. Prot. 4. pp.74-87.
38

the society so that best results could be attained. Further, improving performance results in
empowering users in relation to regulate the environment and thus protect the same so that it
helps in determining the environmental protection measures83.
Furthermore, carrying out effective environmental legislation results in improving
business performance and thus conducting environmental audit so that protective measures could
be attained. Moreover, it is significant for business to undertake effective methods through which
awareness among public could be developed regarding environmental awareness law and thus
protect the environment so that best results could be attained. Also, it is significant for them to
improve performance of environment in market and thus overcome inefficiency so that
performance within environment could be enhanced. There are different laws formulate in regard
to safeguard effective measures and thus improve environmental conditions in order to improve
awareness among market84.
The government of Slerra Leone in the enforcement of environmental regulations need to
carry out effective environmental legislation so that best results could be attained. Also, it helps
in overcoming any deficiency which results in enforcing environmental legislation so that it
could be able to protect the environment and thus create effective awareness which results in
protecting environment and thus undertake effective awareness program which results in
protecting the environment so that best results could be attained85. In such 21st century it is
essential for African government to regulate certain strict actions and legislation so that
environmental protection law could be developed in terms of protecting the environment and
thus carry out desired targets. Moreover, legislation related to creating awareness among people
by creating environment program so that best results could be attained. It also helps in improving
environmental legislation so that individual could develop their knowledge about the same and
do not harm the environment.
83 Zhou, H. and Zhang, T., 2015. A research on the methods and strategies for developing
citizens' environmental awareness and advancing citizens' environmental contributive
actions. Canadian Social Science. 11(2). pp.129.
84 Qu, Y. and et. al., 2015. Sustainable development of eco-industrial parks in China: effects
of managers' environmental awareness on the relationships between practice and
performance. Journal of Cleaner Production. 87. pp.328-338.
85 Runhaar, H. and et. al., 2013. Environmental assessment in the Netherlands: effectively
governing environmental protection? A discourse analysis. Environmental impact assessment
review. 39. pp.13-25.
39

4.4 Judicial cooperation
Through creating judicial cooperation it helps in carrying out freedom and security calls
for progress in the creation of a single area of justice. A European Dimension is often present in
carrying out judicial cooperation so that strengthening judicial cooperation which results in
improving framework in execute certain decision within the framework. The principle of judicial
cooperation so that it does not impact upon the environment. Judicial authorities take effective
execution in relation to protect the environment and thus develop effective principle of mutual
recognition and thus make effective judgments in regard to strengthen between effective rules
and regulations86. It is essential for developing judicial cooperation and thus exclusive to
maintain cooperation in safeguarding environment.
4.5 Creating a ‘green bench’
A highly impressive and successful precedent has been established by Australia and New
Zealand in the field of environmental law by establishing separate forums for enforcement of
these matters. Thus, a Green Bench can be characterized as specialized forums only dealing with
matters concerning environmental issues. Adoption of such a specialized bench shall enable
Sierra Leone develop procedural norms which are highly superior in nature87. Moreover, this
shall also evolve jurisprudence in relation to environmental law in a quality manner and through
the decisions of judges who have attained expertise in the concerned legal regime. Moreover, it
shall also render consistency and uniformity in enforcement of these laws, thereby enhancing the
confidence of people in judiciary and adoption of environmental protection measures.
86 Jin, J. and et. al., 2016. Dispatching strategies for coordinating environmental awareness
and risk perception in wind power integrated system. Energy. 106. pp.453-463.
87 Jimmy, D. H., Bangura, U., and Stenger, D. A., 2013. Water quality associated public
health risk in Bo, Sierra Leone. Environmental monitoring and assessment. 185(1).
pp.241-251.
40

CHAPTER 5: CONCLUSION
Summing up the entire research work, it is evident that all the provisions of environment
protection needs to be followed as that ensures to contribute in development of the entire
economy. Implementing Environmental Protection is essential to be implemented because it is
entitled in creating stern actions to prevent the country from natural and artificial hazards and
harms. At the same time, it can also be said that such regulation needs to be monitored on regular
basis so that all the actions can be managed accordingly. The provisions mentioned in the act are
essential to be adhered since it plays crucial role in enhancing safety measures.
Sierra Leone has much availability of minerals such as diamonds, gold and iron ore;
hence the country is directly entitled in the process of mining and agriculture. Therefore, in this
context it can be said that legal aspects should be formed as absence of such thing can impact the
environment and natural resources consequently. It is also observed that mining sector has
followed several reforms in past many years which has also highlighted the importance of legal
framework. However, instead of having legal laws, certain issues are generating at the time of
implementing it.
The acts are useful in terms of maintaining rights and responsibilities and this can also
assist in managing legal prospects in the area of managing mining activities. In this respect,
discussion has also been included regarding Mines and Minerals Act which shows balance
between interest of the community sector and government bodies. At the same time, it is also
suitable for the purpose of encouraging all the provisions in appropriate manner. Such laws are
also useful in terms of providing security and clarity in the practices and this is also useful for
persuading more investors in this sector.
Therefore, in this facet it can be said that there is a requirement to develop inter-
relationship among civil, administrative and criminal activities so that it can bring more
innovation in such fields. This is also vital in terms of reducing the level of environmental
degradation. Since, concern towards environmental aspects have been increasing; therefore it is
crucial for Sierra Leone to comprehend the importance of international and national law which at
the same time also helps in bridging gap between commitment and enforcement of all such laws.
Henceforth, it is clear that the mentioned legislation needs to be followed in all domains.
Summing up the present report it can be concluded that Environmental law is explained s
collection of different regulations, statues and customery laws that gives impact on the natural
41

environment. It is assertive that proper laws and regulations should be formed so that all the
human activities should be carried out and regulated in a structured manner. Government has
formed various regulations that aids for protecting the natural environment in constructive way.
Environmental protection act 2000 is most significant initiative that has been taken by
government for making stringent regulatory framework for protecting the natural environment.
Along with this Mines and mineral act 2009, Nuclear safety and radiation protection act 2012
and Merchant shipping act 2003 are some initiatives that have been taken by state for protecting
the environment.
Globalization has enhanced production and construction related activities and due to this
negative impact has been observed on the surrounding environment. Some major issues that are
faced by the nation includes Soil fertility, water pollution, air pollution and deforestation and
degradation related activities. Judiciaries of Sierra works for resolving the issues and promoting
the economic development of company. The major objective of forming the environment related
regulation is to protect the surrounding environment in better way. Environmental laws have
been formed in Sierra Leone for protecting the sustainability of the nature and it aids in
performing diverse range of activities I legal and lawful manner. Inferior courts are part of
judicial system that are represented by Magistrate courts, superior courts and they are
represented by court of appeals.
The justice of supreme court are appointed by president and approval of parliament is
required. Prominent role is played by Judges in the judicial system of Sierra and it aids for
providing justice to all the citizens that are living in the nation. It is assertive that legal system of
the country should be effective so that all the people living in the nation should be provided with
safe and protective working environment. It is imperative that precautionary principles should be
made so that risk assessment can be carried out in effective and logical manner. Along with this
proper conditions should be available in which parliamentary principles applies. It will aid for
properly implementing the principles of risk management. There is significant need for
environmental courts, judicial cooperation and creation of green bench so that environment can
be properly protected.
Various rules have been adopted by Sierra Leone with objective to promote transparency,
making the governance more stronger and encouraging foreign investment in the country. The
mines and minerals act 2009 gives guidelines that companies that are registered in Sierra Leone
42

should be entitled for getting license for large scale mining and exploration. Along with this
initial period for which license should be granted is 4 years and the maximum area that is being
covered is 250 square km. This act also gives guidelines for maintenance of register about
mineral rights and under that different details about renewals, grants, transfer, relinquishment
and area enlargements, surrenders and revocations are mentioned.
43

REFERENCES
Books and Journals
Abdullah, H. J. and Fofana-Ibrahim, A., 2010. The Meaning and Practice of Women's
Empowerment in Post-conflict Sierra Leone. Development. 53(2). pp.259-266.
Albrecht, P.A., 2010. Transforming internal security in Sierra Leone: Sierra Leone police and
broader justice sector reform (No. 2010: 07). DIIS Reports/Danish Institute for
International Studies.
Bah, A. B., 2013. The contours of new humanitarianism: War and peacebuilding in Sierra
Leone. Africa Today. 60(1). pp.2-26.
Boyd, D. R., 2014. The Status of Constitutional Protection for the Environment in Other
Nations.
Bradford, B., Huq, A. and Roberts, B., 2014. What price fairness when security is at stake?
Police legitimacy in South Africa. Regulation & governance. 8(2). pp.246-268.
Burns, J. K., 2011. The mental health gap in South Africa: A human rights issue. The Equal
Rights Review. 6(99). pp.99-113.
Cartier, L. E. and Bürge, M., 2011. Agriculture and artisanal gold mining in Sierra Leone:
alternatives or complements?. Journal of International Development. 23(8). pp.1080-1099.
Chen, C.M. and Wu, S.M., 2015. Introducing Environmental Awareness in the Game Design-A
Report on the reserved fauna and flora in Taiwan. 일일일일일일일 일일. 45. pp.85-92.
Cho, D. I., Ogwang, T. and Opio, C., 2010. Simplifying the water poverty index. Social
indicators research. 97(2). pp.257-267.
Christie, P., 2010. The complexity of human rights in global times: The case of the right to
education in South Africa. International Journal of Educational Development. 30(1). pp.3-
11.
Cole, Daniel H. Instituting environmental protection: From red to green in Poland. (Springer,
2016).
Comaroff, J. and Comaroff, J. L., 2015. Theory from the South: Or, how Euro-America is
evolving toward Africa. Routledge.
Conrad, C. and et. al., 2015. Community outbreak of HIV infection linked to injection drug use
of oxymorphone—Indiana, 2015. MMWR Morb Mortal Wkly Rep. 64(16). pp.443-444.
Crook, R. C. and Booth, D., 2011. Conclusion: Rethinking African governance and
development. IDS Bulletin. 42(2). pp.97-101.
44

Daye, R., 2011. Political forgiveness: Lessons from south Africa. Wipf and Stock Publishers.
Dixon, M., McCorquodale, R. and Williams, S., 2011. Cases and materials on international law.
Oxford University Press.
Douglas, L.R. and Alie, K., 2014. High-value natural resources: Linking wildlife conservation to
international conflict, insecurity, and development concerns. Biological Conservation.
171. pp.270-277.
Eckerberg, Katarina, and Mans Nilsson. Environmental policy integration in practice: Shaping
institutions for learning. (Routledge, 2013).
Fanthorpe, R., Lavali, A. and Sesay, M. G., 2011. Decentralization in Sierra Leone: Impact,
Constraints and Prospects. DFID Sierra Leone.
Fanthorpe, R., Lavali, A. and Sesay, M. G., 2011. Decentralization in Sierra Leone: Impact,
Constraints and Prospects. DFID Sierra Leone.
Gerhart, G. M. and Glaser, C. L., 2010. From Protest to Challenge: A Documentary History of
African Politics in South Africa, 1882-1990-Challenge and Victory,. 1980-1990 (Vol. 6).
Indiana University Press.
Grant, J. A., 2012. The Kimberley Process at ten: Reflections on a decade of efforts to end the
trade in conflict diamonds. In The Global Diamond Industry. (pp. 119-142). Palgrave
Macmillan UK.
Gutteling, Jan M. Risk communication. (John Wiley & Sons, Inc., 2015).
Hammett, D., 2010. Zapiro and Zuma: A symptom of an emerging constitutional crisis in South
Africa?. Political Geography. 29(2). pp.88-96.
Hanson, M.L. and et. al., 2017. How we can make ecotoxicology more valuable to environmental
protection. Science of the Total Environment. 578. pp.228-235.
Hoberg, G., 2012. Pluralism by design: Environmental policy and the American regulatory state.
Greenwood Publishing Group.
Jalloh, C. C., 2013. The Contribution of the Special Court for Sierra Leone to the Development
of International Law. African Journal of International and Comparative Law. 15(2).
pp.165-207.
Jarczewska, D., 2014. Democratisation and post-conflict state-building in Sierra Leone and
Rwanda.
45

Jenks, C. and Acquaviva, G., 2014. Debate: The role of international criminal justice in fostering
compliance with international humanitarian law. International Review of the Red Cross.
96(895-896). pp.775-794.
Jimmy, D. H., Bangura, U., and Stenger, D. A., 2013. Water quality associated public health risk
in Bo, Sierra Leone. Environmental monitoring and assessment. 185(1). pp.241-251.
Jin, J. and et. al., 2016. Dispatching strategies for coordinating environmental awareness and risk
perception in wind power integrated system. Energy. 106. pp.453-463.
Jin, Jingliang, et al. 'Dispatching strategies for coordinating environmental awareness and risk
perception in wind power integrated system.' Energy 106 (2016): 453-463.
Karamage, F. and et. al., 2016. The need for awareness of drinking water loss reduction for
sustainable water resource management in Rwanda. J. Geosci. Environ. Prot. 4. pp.74-87.
Kelly, J. D., Barrie, M. B., and Bausch, D. G., 2013. Housing equity for health equity: a rights-
based approach to the control of Lassa fever in post-war Sierra Leone. BMC international
health and human rights. 13(1). p.2.
Kopecký, P., 2011. Political competition and party patronage: Public appointments in Ghana and
South Africa. Political Studies. 59(3). pp.713-732.
Le Billon, P., 2012. Bankrupting peace spoilers: Can peacekeepers curtail belligerents’ access to
resource revenues. High-value natural resources and post-conflict peacebuilding.
Maconachie, R. and Hilson, G., 2011. Artisanal gold mining: a new frontier in post-conflict
Sierra Leone?. The Journal of Development Studies. 47(4). pp.595-616.
Mansaray, B. and Sanusi, S., 2010. Residual matters of ad hoc courts and tribunals: the SCSL
experience. Commonwealth Law Bulletin. 36(3). pp.593-605.
Maranga, D. and Kennedy, M., 2011. The Changing Role of State Responsibility: Comparative
Approach.
Neuteleers, Stijn, and Bart Engelen. "Talking money: How market-based valuation can
undermine environmental protection." Ecological Economics117 (2015): 253-260.
Okowa, P., 2010, May. Interpreting Constitutive Instruments of International Criminal
Tribunals: Reflections on the Special Court for Sierra Leone. In Treaty Interpretation and
the Vienna Convention on the Law of Treaties: 30 Years on. (pp. 333-356). Brill.
Panel on the Law of Ocean Uses, 2012. United States Interests in the Law of the Sea
Convention. American Journal of International Law, pp.167-178.
46

Parker, A., 2011. ALSO IN THIS ISSUE: Racial Disparities in US Public Education and
International Human Rights Standards: Holding the US Accountable to CERD. Hum. Rts.
Br. 14. pp.27-70.
Portney, P.R. ed., 2016. Public policies for environmental protection. Routledge.
Portney, Paul R., ed. Public policies for environmental protection. (Routledge, 2016).
Qu, Y. and et. al., 2015. Sustainable development of eco-industrial parks in China: effects of
managers' environmental awareness on the relationships between practice and
performance. Journal of Cleaner Production. 87. pp.328-338.
Rackley, E., 2010. What a difference difference makes: Gendered harms and judicial
diversity. International Journal of the Legal Profession. 15(1-2). pp.37-56.
Rodman, K. A., 2013. Justice is interventionist: The political sources of the judicial reach of the
special court for Sierra Leone. International Criminal Law Review. 13(1). pp.63-91.
Roscini, M., 2010. The United Nations Security Council and the enforcement of international
humanitarian law. Israel Law Review. 43(02). pp.330-359.
Royo, S., Yetano, A. and Acerete, B., 2014. E‐participation and environmental protection: Are
local governments really committed?. Public Administration Review. 74(1). pp.87-98.
Runhaar, H. and et. al., 2013. Environmental assessment in the Netherlands: effectively
governing environmental protection? A discourse analysis. Environmental impact
assessment review. 39. pp.13-25.
Sampford, C., Zifcak, S. and Okur, D. A. eds., 2015. Rethinking international law and justice.
Ashgate Publishing, Ltd..
Sanders, J., 2012. South Africa and the international media, 1972-1979: A struggle for
representation. Routledge.
Scott, L., Dolan, C. and Wu, M., 2012. Enterprise and inequality: A study of Avon in South
Africa. Entrepreneurship Theory and Practice. 36(3). pp.543-568.
Smith-Höhn, J., 2010. Rebuilding the security sector in post-conflict societies: perceptions from
urban Liberia and Sierra Leone. LIT Verlag Münster.
Stoett, P. J., 2015. The evolution of and future prospects for transnational environmental crime
prevention.
Thompson, J. B., 2015. Justice in Sierra Leone: Principal Agencies. In Universal Jurisdiction:
The Sierra Leone Profile. (pp. 29-51). TMC Asser Press.
Vickers, B., 2012. Towards a new aid paradigm: South Africa as African development
partner. Cambridge Review of International Affairs. 25(4). pp.535-556.
47

Von Holdt, K., 2013. South Africa: the transition to violent democracy.Review of African
Political Economy. 40(138). pp.589-604.
Werle, G. and Jessberger, F., 2014. Principles of international criminal law. OUP Oxford.
Wilson, S. A. and Wilson, C. O., 2013. Modelling the impacts of civil war on land use and land
cover change within Kono District, Sierra Leone: A socio-geospatial approach. Geocarto
International. 28(6). pp.476-501.
Zack-Williams, T., 2012. When the state fails: studies on intervention in the Sierra Leone civil
war. Pluto Press; Nordiska Afrikainstitutet.
Zhang, Y., Song, W. and Nuppenau, E.A., 2016. Farmers’ Changing Awareness of
Environmental Protection in the Forest Tenure Reform in China. Society & Natural
Resources. 29(3). pp.299-310.
Zhou, H. and Zhang, T., 2015. A research on the methods and strategies for developing citizens'
environmental awareness and advancing citizens' environmental contributive
actions. Canadian Social Science. 11(2). pp.129.
Online
National Protected Area Authority and Conservation Trust Fund Act, 2012. 2015.
<http://www.ecolex.org/details/legislation/national-protected-area-authority-and-
conservation-trust-fund-act-2012-no-11-of-2012-lex-faoc150279/> Accessed on 21st March
2017
Merchant Shipping Act, 2003. 2010. <http://www.ecolex.org/details/legislation/merchant-
shipping-act-2003-no-3-of-2003-lex-faoc078827/>.Accessed on 30th March 2017
Judges for the environment: we have a crucial role to play. 2012.
<https://www.theguardian.com/law/2012/jun/22/judges-environment-lord-carnwath-rio>.
Accessed on 30th March 2017
Mining in Sierra Leone: an overview of the current legal framework. 2015.
<http://www.lexology.com/library/detail.aspx?g=0f68dda3-1d7a-4770-b96a-
d6df219e3fd0>. Accessed on 30th March 2017
Ministry of Mines and Mineral Resources. 2014. <https://slminerals.org/laws-and-legislation/>.
Accessed on 30th March 2017
Risk Management – Principles and Definitions. 2013
<https://programsuccess.wordpress.com/2011/05/29/risk-management-principles-and-
definitions/> Accessed on 1st April2017
The precautionary principle in environmental science. 2012.
<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1240435/>. Accessed on 1st April 2017
Environment Protection Principle: Assess and manage environmental risks
<https://dfat.gov.au/aid/topics/safeguards-risk-management/environmental-protection/
Documents/environmental-protection-good-practice-note-2-5.pdf> accessed on 10th April
2017
48

Environmental Risk Management (2013)
<http://www.ferma.eu/app/uploads/2013/10/environmental-risk-management-report.pdf>
accessed on 10th April 2017
The precautionary principle and environmental risk management: contributions and limitations
of economic models <http://www.scielo.br/scielo.php?pid=S1414-
753X2013000400008&script=sci_arttext&tlng=en> accessed on 10th April 2017
Risk Assessment and the Precautionary Principle
<http://www.cela.ca/sites/cela.ca/files/uploads/Ch4.pdf> accessed on 10th April 2017
Nicholas A. Ashford, Implementing The Precautionary Principle: Incorporating Science,
Technology, Fairness, And Accountability In Environmental, Health, And Safety Decisions
<http://www.imp.lodz.pl/upload/oficyna/artykuly/pdf/full/Ash7-01-04.pdf> accessed on
10th April 2017
49