Abstract: | Public interest environmental litigation (PIEL) has been introduced into the
Ethiopian legal system since 2002 with the prime purpose of facilitating and
complementing the environmental protection efforts of the country. However,
little progress has been recorded in utilizing this innovative litigation tool. The
purpose of this article is to examine the legal and policy frameworks for PIEL
and investigate some of the main factors impeding its effective use for the
promotion and protection of the environment rights in Ethiopia. Laws related to
PIEL are examined and interviews and discussions with the relevant
stakeholders are conducted with regard to environmental management in
Ethiopia. I argue that even though the legal and policy framework for PIEL,
with all its limitations, is in place, gaps in judicial activism, legal culture,
political will, public perception towards law, judicial process and justice, the
type of legal system, the perception and behavior of the government towards
civil society, and inadequate environmental information have adversely
affected the development of PIEL. |