The realisation of constitutional environmental-related rights by private sector actors in South Africa

Abstract

The engagement and influence of actors in the private sphere is often highly contested as these actors, through their operations, have the potential to contribute towards the realisation and/or violation of human rights, particularly environmental-related human rights. There has been ample evidence of corporations taking advantage of situations of weak environmental regulation, such as can be seen within South Africa, and the devastating effects thereof. Both international and domestic law has failed to articulate the human rights obligations of corporations and to provide binding and mandatory mechanisms for regulating corporate conduct in the field of human and environmentalrelated rights. Traditionally, states are viewed as the only entities capable of bearing legal rights and duties. Given the unprecedented level of globalisation and the ascent of corporate economic power, there is an increasing realisation that states cannot be the only bearers of such rights and duties. The development of mandatory forms of direct corporate human rights responsibility is essential to ending such corporate impunity for gross violations of human and environmental-related rights and advancing justice. This study seeks to extend the discussion of corporate responsibility by addressing the basis on which private sector actors, such as corporations, can be held responsible to respect, protect, promote and fulfil environment-related rights, such as the rights included in section 24 and 27 of the Constitution of the Republic of South Africa, 1996.