ID: 2006
Presenting Author: Christiaan van Schalkwyk
Session: 542 - Are We Living in the Post-Consultation Era?
Status: pending
Children and future generations should be more substantively involved in environmental impact assessments through specialist assessments and public participation if disproportionate burdens are to be
South Africa has a commendable legislative framework that provides for specialist assessments and meaningful public participation in Environmental Impact Assessments (“EIAs”). Yet, in practice, specialist assessments and participation provisions for EIAs are frequently not implemented or ineffectively implemented by environmental authorities. There is no explicit legislative provision that requires a climate change impact assessment, and public participation is also frequently not adhered to any meaningful way, particularly in the context of assessing climate impacts.
Children and future generations are arguably those most at risk to climate change impacts and inheriting compromised environmental and social systems, but are inherently omitted from participation at the EIA stage. Children and future generations lack political agency, and are dependent on representation or specialised forms of impact assessments for their interests to be considered. Courts are diligently filling the gap regarding climate change impact assessments, by requiring climate change to be considered and for the impacts on children to be assessed.
This paper will focus on how the rights and interests of children and future generations can be considered more substantively in EIAs. Firstly, there should be an obligation to conduct specialised forms of child and future generation impact assessments where developments demonstrate potential climate change impacts. Secondly, participation processes should be more inclusive by involving children and future generations through innovative mechanisms.
Dr Christiaan van Schalkwyk is a postdoctoral research fellow with the African Synthesis Centre on Environment, Climate Change and Development at University of Cape Town, and is conducting research on
Coauthor 1: Bryony van Schalkwyk