THE KINGDOM OF LESOTHO COMBINED SECOND TO EIGHTH PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA ARTICLE 24: RIGHT TO SATISFACTORY ENVIRONMENT Constitutional measures 272. Section 36 of the Constitution recognises a duty on the state to protect the environment for the benefit of the people. Legislative measures 273. Section 4 of the Environment Act protects the right to live in a scenic, clean and healthy environment. The provision also places a duty on every person to safeguard the environment. An aggrieved person may also bring proceedings against any person or entity involved in conduct causing or likely to cause harm to the environment or human health. 274. Section 5 of the Environment Act establishes the National Environmental Council which is charged with the responsibility of determining policies ensuring environmental protection and co-ordinating cohesion between different role players in environmental protection. 275. Section 58 of the Mines and Minerals Act mandates holders of mining rights to conduct their activities in such a manner as to preserve the natural environment, to minimise and control waste or undue loss of or damage to natural and biological resources and to prevent or where unavoidable, promptly treat pollution and contamination of the environment. Administrative measures 276. Lesotho has an Environmental Impact Assessment Policy in terms of which the impact of all development projects on the environment has to be assessed before approval and implementation of such projects. 102