An example of how to use environmental rights

The following example shows the use of the right to:

• demand that the environment is taken care of
• refuse to do environmentally hazardous work
• report activities that have an environmental risk.

Let us consider the example of a large corporation that sells a harmful chemical substance that is used by small farmers or business. The use of this substance causes environmental damage which the State is required to clean up.

In terms of the NEMA, anyone now has the right to demand that the environment is taken care of. In this example, this means that the large corporation must take reasonable measures to avoid, or minimise, the damage flowing from the use of the substance by the farmers or businesses who use it. The reason for this is that the large corporation is able to assess the hazards and to act responsibly.

Under our previous common law, the corporation's responsibility was unclear. This often resulted in the large corporation escaping its legal duty. The new Act changes all of this- any member of the public can make a court application to enforce the right to demand that the environment is taken care of.

If one of the farm workers using this hazardous substance honestly believes that it seriously threatens the environment, he or she has the right to refuse to do such work. NEMA protects workers and says that they cannot be held liable, or be disciplined for refusing to do hazardous work.

NEMA also gives workers the right to report an environmental risk to a government department or parliament without fear of being disciplined, harassed or dismissed.