Public Interest Litigation
Public Interest Litigation
Public Interest Litigation is introduced in the Ethiopian legal regime by the Environmental Pollution Control Proclamation No. 300 of 2002. This proclamation, under Article 11, recognizes the rights of standing of any person to bring administrative complaint or court cases before administrative organs or the court against anyone who allegedly causing damage or potential damage to the environment. The same footstep is also taken by the Prevention of Industrial Pollution Regulation No. 159 of 2008.
The other important legislation is the Federal Courts Proclamation No. 1234/2021 which under Article 11(4) played an important role in liberalizing standing. However, the lack of procedural laws and precedents that particularly address public interest litigation led to limiting the scope and application.
Despite the legal recognition of public interest litigation in the environmental legislation, there had been no notable successful precedent in Ethiopia. There was an attempt in 2005 by the Action Professionals’ Association for the People (APAP) in the case usually known as the APAP Case.
Our organization –Defend the Environment– is pulling its resources to bring strategic litigations to ensure environmental justice and protect environmental rights and fundamental freedoms in Ethiopia through the instrumentality of public interest litigation. Our organization has actively, effectively, and successfully defended the environment by bringing/filing complaints and court cases against polluters before Courts and Administrative Organs.
In addition to litigating before a court of law and administrative organs, DTE works towards prompting and urging policy and lawmakers as well as judicial organs to be conscious of Public Interest Litigation in their decision-making process.
Our Landmark Public Interest Litigation court decisions
Since its establishment in 2021, Defend the Environment has been bringing complaints and court cases against polluters of the environment in Addis Ababa and regional states including Sidama and Amhara Regions.
DTE is the most successful CSO in bringing the first ever successful environmental cases before the court of law with public interest litigation. So far, our organization has brought and successfully won FIVE environmental court cases or environmental public litigations. We also have been relentlessly taking measures to ensure the execution of the court awards in favor of the environment.
In addition to finding immediate remedies and reliefs for victims of pollution and preventing pollutant activities, our organization has successfully transformed the practice of environmental justice and public interest litigations. We strongly contribute to the improvement of environmental jurisprudence and public interest litigation practices in Ethiopia.
Below are our landmark public interest litigation cases in the Original language and translated versions.