347.
Constraints include the porous nature of borders and the lack of material, human and financial
resources to effectively cover a vast country of 1,284,000 km2.
6°) The right of peoples to a healthy environment (Article 24)
348.
The right to a healthy environment is one of the fundamental human rights. This right does
not only concern mankind but all living beings and all the environments in which they live, because
mankind and the environment form an ecologically inseparable whole.
349.
This right is guaranteed by Articles 47 and 48 of the Constitution of the Republic of Chad,
which stipulates that “Everyone has the right to a healthy environment” (Article 47) and that “the
State and decentralized local governments shall ensure the protection of the environment. The
conditions for the storage, handling and disposal of toxic waste or pollutants from national activities
are determined by law. The transit, import, storage, storage, burial, dumping on national territory of
foreign toxic waste or pollutants is prohibited” (Article 48).
350.
In addition to the Constitution, Chadian legislation and the international conventions ratified
by Chad relating to the environment include provisions on the general principles of sustainable
management and environmental protection for the benefit of present and future generations.
These legal instruments also stipulate that the State, local authorities and individuals are responsible
for the implementation of environmental protection measures, and provide for sanctions against
offenders.
351.
The enforcement of these sanctions falls within the purview of a special brigade with regard
to administrative sanctions and the national courts with regard to criminal and civil sanctions. The
most recent example of environmental sanctions is the imposition of a heavy fine on the Chinese oil
company CNPCI. This fine was paid to the Chadian State following a serious pollution incident in
the Koudalwa oil field in East Mayo Kebbi.
352.
In order to ensure respect for the environment, the Government of the Republic of Chad has
established several institutions and developed numerous national plans and strategies.
353.
Such institutions include the Ministry in charge of the environment, the Agency for the
Promotion of Domestic Fuel and the Special Fund for the Environment created by Act N°14/PR/98
of 17 August 1998. At the sub-regional level, Chad is host to the headquarters of the Green Wall
project, which aims to protect the environment in the Sahel region.
354.
National plans and strategies on environmental protection include the presidential project in
N'Djamena called “Green Belt”, the institutionalization of a National Tree Day, which is celebrated
every year in August under the patronage of the President of the Republic, the National Environment
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