ZELA seeks partnerships with academic institutions to provide hands-on environmental legal training for students

1. Introduction

Zimbabwe is set to mark a significant milestone in legal education and environmental justice with the establishment of a specialized division dedicated to environmental law in the existing legal clinic at Midlands State University (MSU). This innovative initiative is a collaborative effort between the Zimbabwe Environmental Law Association (ZELA) and MSU’s Faculty of Law. The unit aims to provide hands-on environmental legal training for students in an effort to nurture the next generation of leaders that will addressing pressing environmental challenges. The initiative is the result of a recent partnership cemented by a Memorandum of Understanding (MoU) between ZELA’s think tank, the Africa Institute of Environmental Law (AIEL), and MSU. The partnership seeks to integrate environmental law into MSU’s existing law clinic framework, offering students practical experience in environmental litigation, policy analysis, and community legal support. Dr. Mugadza, Dean of the Faculty of Law at MSU, expressed enthusiasm for this development, emphasizing its potential to bridge the gap between legal education and real-world environmental challenges. “This initiative provides a unique opportunity for our law students to engage directly with environmental law cases, equipping them with the skills necessary to advocate for environmental justice in Zimbabwe,” she noted.

Why are environmental law clinics vital?

The triple planetary crisis of climate change, biodiversity loss, and pollution stands as one of the most urgent and severe challenges facing our world today.[1] Tackling this crisis demands collective global action and the swift implementation of innovative solutions.[2] The law is widely regarded as one of the few remaining tools that can help combat the triple planetary crisis. Law schools can play a pivotal role in addressing environmental challenges by establishing specialized divisions dedicated to environmental law as stand-alone law clinics or within already existing frameworks of law clinics. These clinics or divisions serve as vital platforms that provide high-quality legal support to individuals and communities affected by environmental degradation and climate crisis, seeking guidance on environmental decision-making processes, and facing potential violations of their environmental rights. Through ELCs, academic institutions can foster practical solutions and empower those most impacted by environmental injustices.[3]

Establishing specialized divisions dedicated to environmental law as stand-alone law clinics or within already existing frameworks of law clinics would help advance the protection and enforcement of environmental rights as outlined in international, regional and national law. At the international level, both the United Nations General Assembly and the United Nations Human Rights Council have declared clean, healthy and sustainable environment, a human right. The African Chater on Human and People’ s Rights also make provisions for the right to a clean and safe  environment.[4] At the national level, both the Constitution of Zimbabwe[5] and the Environmental Management Act [Chapter 20:27], provide for a right to a clean and healthy environment ensuring a more targeted and effective response to environmental challenges.^[6] While the law provides for this fundamental right, its enjoyment and realization is threatened by the triple planetary crisis and other human activities.

Environmental Law clinics are a global phenomenon, providing vital access to justice and practical legal training. However, specialized law clinics, particularly those focused on environmental law, remain relatively rare in many jurisdictions. In Zimbabwe, as in most African states, law clinics housed within university faculties of law primarily offer general legal services, with no dedicated focus on specific areas such as environmental law. The emergence of environmental law clinics in developed countries, such as the Environmental Law Centre at Yale Law School[7], the Environmental Law and Policy Clinic at Duke University[8],the Environmental Law Centre at the University of Ottawa[9] and Maryland Carey Law Environmental Law Clinic at the  University of Maryland[10] is evidence of the importance of giving law students hands-on experience in a growing field, equipping them with the skills to address complex environmental challenges.

Benefits of environmental law clinics or specialized divisions within existing law clinics:

• They offer legal support to communities affected by environmental degradation, ensuring access to justice and enforcement of environmental rights.
• They support the work of civil society organizations on environmental and natural resource governance.
• Environmental law clinics promote enforcing environmental rights enshrined in the Constitution of Zimbabwe and the Environmental Management Act [Chapter 20:27].
• Law students would gain hands-on experience in a growing field, equipping them with the skills to address complex environmental challenges.
• The clinic could implement environmental policy reform and advocacy, contributing to sustainable development initiatives.
• Give impetus to ongoing advocacy efforts to establish a specialized tribunal or environmental court[11]

Looking ahead

This development marks a historic moment for legal education in Zimbabwe. It paves the way for similar initiatives across other academic institutions, reinforcing the role of law in environmental protection and sustainable development. With strong institutional backing and a clear mandate, this initiative is poised to make a lasting impact on both the legal profession and environmental justice in Zimbabwe.

[1] United Nations Environment Programme (2023). Environmental Rule of Law: Tracking Progress and Charting Future Directions. Nairobi. https://doi.org/10.59117/20.500.11822/43943.

[2] Diego Arguedas Ortiz, “Ten simple ways to act on climate change”, online: <https://www.bbc.com/future/article/20181102-what-can-i-do-about-climate-change>.

[3] Many environmental clinics engage directly with climate change issues. See for example, “Climate Change & Municipalities”, (29 May 2019), online: Emmett Environmental Law and Policy Clinic <https://clinics.law.harvard.edu/environment/climate-change-adaptation/>.; “Environmental Protection Clinic – Yale Law School”, online: <https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/environmental-protection-clinic>.

[4] Article 24

[5] Constitution of Zimbabwe Amendment (No. 20) Act, 2013

[6] The Constitution of Zimbabwe, 2013 (Section 73) and the Environmental Management Agency Act (section 1)

[7] https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/environmental-justice-law-and-advocacy-clinic

[8] https://law.duke.edu/envlawpolicy/

[9] https://www.uottawa.ca/faculty-law/common-law/centre-environmental-law-global-sustainability

[10] Environmental Law Clinic

[11] Environmental Management Agency’s 2021-2025 Strategic Plan, page 44