ABSTRACT

Environmental constitutionalism, which refers to the set of constitutional laws on the protection and/or use of environmental factors, has been enshrined in the Constitution of the Democratic Republic of Congo since its adoption in 2006. This chapter demonstrates that substantively, this constitutionalism has a material content that constitutes the right to a healthy environment, in addition to the rules of environmental protection and those of liability for environmental harm. Congolese environmental constitutionalism presents various characteristics, including the tension between intragenerationality and transgenerationality, the balance between anthropocentrism and ecocentrism, and a penchant for criminalisation. It is, however, still ineffective due to the persistence of regulatory and institutional challenges and factual obstacles. Its entire substance, therefore, risks remaining nothing but a simple wish list.