Joint CSO Engagement and Consultation on the Establishment of an Environmental Court in Zambia: 2026
Background
Zambia’s mining sector (especially copper and cobalt extraction) drives economic growth but has caused severe environmental degradation, including acid spills, heavy metal contamination, air pollution, tailings dam failures, and loss of livelihoods for communities.
Environmental cases are currently handled by the overburdened general court system leading to delays, under-prosecution, and limited accountability — particularly against multinational companies. Affected communities have sometimes been forced to seek justice in foreign courts (e.g., South Africa).
Recent positive momentum includes a parliamentary motion by Hon. Sunday Chanda calling for an Environmental Court within the High Court, building on the Environmental Protection Dialogue (EPD) 2024 and the Environmental Court Dialogue of July 2025.
The Establishment of an Environmental Court initiative is a joint Civil Society Organizations (CSOs) effort with support from the European Union (EU) and NCA/DCA. It builds directly on the earlier dialogues by moving from discussion to concrete action through targeted provincial consultations, nationwide documentation of environmental cases, and the development of a unified CSO position paper to advocate for the swift establishment of a specialized Environmental Court.
Rationale and Importance
A specialized Environmental Court is essential to deliver faster, evidence-based justice using both legal and scientific expertise. It would:
- Empower mining-affected communities with better access to justice.
- Strengthen enforcement of the Environmental Management Act and constitutional right to a clean environment.
- Deter pollution, protect public health, agriculture, fisheries, and tourism.
- Position Zambia as a regional leader in environmental governance.
- Align with SDGs, SADC protocols, and international best practices (e.g., South Africa’s environmental tribunals, Sweden and Norway’s specialized courts).
Overall Objective
To rally Zambian Civil Society Organizations (CSOs) in a unified, coordinated advocacy campaign to fast-track the establishment of a specialized Environmental Court.
Specific Objectives
- Conduct targeted provincial consultative meetings to gather inputs from communities, government, traditional leaders, and experts.
- Profile and document environmental cases nationwide as evidence of need.
- Develop and submit a consolidated CSO position paper with clear recommendations to the Judiciary, Ministry of Green Economy and Environment (MGEE), and Ministry of Justice (MoJ).
Approach
Focused and efficient consultations using standardized tools (surveys, interview guides, case profiling templates). Targeted provinces and venues (April–June 2026):
- Lusaka (Lusaka Province)
- Kitwe (Copperbelt)
- Mansa (Luapula)
- Sinazongwe (Southern)
- Serenje & Mpika (Central & Muchinga)
- Kasama (Northern)
- Petauke (Eastern)
- Mongu (Western)
- Solwezi (North-Western)
Expected Outcomes
- Ten provincial consultations completed with full documentation
- 100–400 participants directly engaged
- Comprehensive national profile of environmental cases
- Consolidated position paper and roadmap submitted to key institutions by end of April 2026
Timeline
April – June 2026
- April: Preparations + Lusaka, Serenje/Mpika, Kitwe, Mansa, Sinazongwe consultations
- May: Kasama, Petauke, Mongu, Solwezi consultations
- June: Consolidation of submissions and final reporting to partners