ABSTRACT
Open access to natural resources with minimal restraint on their exploitation may result in the resource being depleted or exhausted, with the potential for the environment to become polluted, thereby underscoring the need for regulation. If these consequences follow development, human rights are bound to be violated, in which case, it can be argued that the development in question is not sustainable, making it susceptible to an intervention of the state. When the rights and interests of different stakeholders in the development of natural resources conflict, the state has to balance the competing interests, which regrettably, could compromise one right against another. Therefore, human rights standards must be applied to assess the effectiveness of development to ensure that potential inequalities and discriminatory practices are eliminated.
This chapter examines the challenges of protecting the environment and human rights in the context of sustainable development of natural resources in Africa, using South Africa as a point of reference. To achieve that objective, the chapter engages in a qualitative study by reviewing primary and secondary sources relating to environmental protection, human rights, and sustainable development, to gain useful insights for improving South African law where there is a lacuna.
