Comparative Constitutional Language for Environmental Amendments to the Australian Constitution

Comparative Constitutional Language for Environmental Amendments to the Australian Constitution

Compiled by

Don Anton, Policy Officer
Environmental Defender`s Office Ltd.
Level 9, 89 York Street
Sydney NSW 2000
Tel: +61 2 9262 6989
Fax: +61 2 92626998
Email: danton@magna.com.au

This compilation includes environmental provisions in the preamble of a constitution; provisions about the environment in general; provisions giving the federal government the power to enact legislation relating to the environment; and provisions conferring rights and duties related to a healthy environment.

I. Preambular Language

**ANDORRA**

Preamble: The Andorran People, with full liberty and independence, and in the exercise of their own sovereignty, * * * Willing to bring their collaboration and effort to all the common causes of mankind, and especially to those of preserving the integrity of the Earth and guaranteeing an environment fit for life for the coming generations, * * * Approve the present Constitution, in the exercise of their sovereignty.

**BELIZE**

WHEREAS THE PEOPLE OF BELIZE * * * e. require policies of state which protect and safeguard the unity, freedom, sovereignty and territorial integrity of Belize; which eliminate economic and social privilege and disparity among the citizens of Belize whether by race, color, creed or sex; which protect the rights of the individual to life, liberty and the pursuit of happiness; which preserve the right of the individual to the ownership of private property and the right to operate private businesses; which prohibit the exploitation of man by man or by the state; which ensure a justice system of social security and welfare; which protect the environment; which promote international peace, security and co﷓operation among nations, the establishment of a just and equitable international economic and social order in the world with respect for international law and treaty obligations in the dealings among nations; * * *

**CAMEROON**

PREAMBLE: * * * We, the people of Cameroon, Declare that the human person, without distinction as to race, religion, sex or belief, possesses inalienable and scared rights; . . . Affirm our attachment to the fundamental freedoms enshrined in the Universal Declaration of Human Rights, the Charter of United Nations and The African Charter on Human and People`s Rights, and all duly ratified international conventions relating thereto, in particular, to the following principles: * * * ﷓every person shall have a right to healthy environment. The protection of the environment shall be the duty of every citizen. The State shall ensure the protection and improvement of the environment; * * *

**CONGO**

PREAMBLE: * * * We, the Congolese People , concerned to: * * * ﷓ Promote a rational exploitation of our riches and our natural resources;

**SEYCHELLES**

PREAMBLE: SOLEMNLY DECLARING our unswaying commitment, during this our Third Republic, to * * * * help preserve a safe, healthy and functioning environment for ourselves and for posterity.

**SOLOMON ISLANDS**

We declare that * * * The natural resources of our country are vested in the people and the government of Solomon Islands...

**SYRIAN ARAB REPUBLIC**

Preamble: The Arab nation was able to perform a great role in building human civilization when it was a unified nation. When the ties of its national cohesion weakened, its civilizing role receded and the waves of colonial conquest shattered the Arab nation`s unity, occupied its territory, and plundered its resources. Our Arab nation has withstood these challenges and rejected the reality of division, exploitation, and backwardness out of its faith in its ability to surmount this reality
and return to the arena of history in order to play, together with the other liberated nations, its distinctive role in the construction of civilization and progress.

**TAJIKISTAN**

Article 38: Each person has the right to health care. This right is ensured through free medical assistance in governmental health care institutions, measures to improve the condition of the environment, formation and development of mass athletics, physical fitness, and other sports. Other forms of medical assistance to be provided are determined by law.

**TANZANIA**

27. ﷓ (1) Everyone has the responsibility of conserving the natural resources of the Union Republic, property under the care of the State and all properties under the jurisdiction of the public, and also to respect the property of others.

(2) Everyone is expected to protect with care properties under care of the State, and of collective nature, to combat all forms of destruction, and to participate in the economic development of the country in an orderly manner as if they are the future decision makers of their nation.
Limitations to rights and freedom, rights and responsibilities.

30. ﷓ (2) (b) to ensure that security, safety of the society, peace of the community, good conduct in the community, community health, development programs in cities and villages, production and utilization of minerals, or development and promotion of resources or any other interests aimed at developing the well being of the public;

**THAILAND**

Section 57. (bis) Every person shall have a duty to conserve natural resources and environment as the law provided.

**TOGO**

Article 41. ﷓ Every person shall have the right to a clean environment. The State shall oversee the protection of the environment.

**TURKEY**

VIII. Health, the Environment and Housing

A. Health Services and Conservation of the Environment

ARTICLE 56. Everyone has the right to live in a healthy, balanced environment. It is the duty of the State and the citizens to improve the natural environment, and to prevent environmental pollution.

To ensure that everyone lead their lives in conditions of physical and mental health and to secure cooperation in terms of human and material resources through economy and increased productivity, the State shall regulate central planning and functioning of the health services.

The State shall fulfill this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.

In order to establish widespread health services general health insurance may be introduced by law.

**UGANDA**

Right to a clean and healthy environment.\par

39. Every Ugandan has a right to a clean and healthy environment.

ARTICLE 45. Every person has the right to a safe and healthy environment, and to compensation for damages resulting from the violation of this right.
The law guarantees every person the right to free access to information on the environmental situation, the quality of food and housing equipment, as well as the dissemination of such information.

ARTICLE 62. No person may damage the environment, cultural heritage, and shall pay compensation for damage caused by him/her.

**UZBEKISTAN**

Article 50: Citizens are obligated to treat the natural environment with care.

Article 54: A property owner, at her or his own discretion, owns, uses, and disposes of property belonging to her or him. The use of property may not cause harm to the environment or violate the rights or legally protected interests of citizens, legal persons, or the government,

**VANUATU**

Part 2 ﷓ Fundamental Duties

7. (d) to protect the New Hebrides and to safeguard the national wealth, resources and environment in the interests of the present generation and of the future generations;
II. General Provisions

Afghanistan

Article 32. The state shall adopt and implement necessary measures for the protection of nature, natural wealth and reasonable utilisation of natural resources, improvement of living environment, prevention of pollution of water and air, and conservation and survival of animals and plants.

Algeria

Article 122. The Parliament legislates in the the domains attributed to it by the Constitution as well as the following fields: ...
19. General rules relating to the environment and the standard of life and land management;
20. General rules relating to the protection of fauna and flora;...
22. The general system of forests and pasture lands;
23. The general water system; ...

Armenia

Article 10. The state shall ensure the protection and reproductionof the environment and the rational utilization of natural resources.

* * *

Article 89. The Government:

1. shall submit its program to the National Assembly for approval in accordance with Article 74 of the Constitution;
2. shall submit the draft state budget to the National Assembly for approval, guarantee the implementation of the budget and submit financial reports on the budget to the National Assembly;
3. shall manage state property;
4. shall ensure the implementation of unified state policies inthe areas of finances, economy, taxation and loans and credits;
5. shall ensure the implementation of state policies in theareas of science, education, culture, health, social security and environmental protection;
6.shall ensure the implementation of the defense, national security and foreign policies of the Republic;
7.shall take measures toward the strengthening of legality, theprotection of the rights and freedoms of citizens, and the protection ofproperty and public order.

Bahrain

Article 11. All natural resources shall be the property of the State. It shall ensure their preservation and proper utilisation, due regard being given to the requirements of the State`s security and national economy.

Belarus

Article 107. The Government of the Republic of Belarus: * * * ensures the execution of a uniform economic, financial, credit and monetary policy, and State policy in the the fields of science, culture, education, health care, ecology, social security and remuneration for labour; * * *

Bolivia

Title III ﷓ Agrarian and Rural Regulations

Article 171. The social, economic and cultural rights of indigenous peoples who reside in national territory are recognized, respected and protected in the standard of the law, especially those relative to communal lands of origin, guaranteeing the use and supporting the sustainable utilization [aprovechamiento sostenible] natural resources, their identity, values, languages, customs and institutions. * * *

Bulgaria

Article 15 [Nature]: The Republic of Bulgaria shall ensure the protection and reproduction of the environment, the conservation of living nature in all its variety, and the sensible utilization of the country`s natural and other resources.

Burundi

Title V ﷓ Legislative Power

Article 111. The following are the domain of the law:
* * * 4) The protection of the environment and conservation of natural resources.

Title XI ﷓ International Treaties and Accords

Article 174. Accords dealing with the installation of foreign military bases on national territory, as well as accords authorizing the storing of toxic wastes or other matters capable of harming the environment, shall be prohibited.

Cambodia

Article 59 [Environmental Protection]: The State protects the environment and balances of abundant natural resources and establishes a precise plan of management of land, water, air, wind geology, ecological system, mines, energy, petrol, and gas, rocks and sand, gems, forests and forestry products, wildlife, fish, and aquatic resources.
Cape Verde

Article 7. Duties of the State
The following are the fundamental duties of the State: * * * (j) To protect the land, nature, natural;

Article 70. Environment * * *
(2) The State and Municipalities, with the cooperation of associations which defend the environment, shall adopt policies to defend and preserve the environment, and will assure the rational utilization of all resources.
(3) The State shall stimulate and support the creation of associations to defend the environment and protect natural resources.

Article 187. Exclusive Reserved Legislative Authority * * *
(2) The National Assembly shall also have exclusive authority to make laws on the following:
(e) The protection of nature, natural resources, and the national historical and cultural heritage;
* * *

Central African Republic

Article 58.: Other matters which are expressly given to it [The National Assembly] by other articles of the present Constitution are in the domain of law: 1) regulations relative to the following matters: * * * ﷓ the protection of the environment, the regimes of property , the land,
forestry and mining; * * *

Chechen Republic

Article 11 []: The state takes necessary measures for protection of the land, its depths and environment in interests of protection of health of the people and maintenance of normal conditions of their life.

Costa Rica

Article 69. Rural sharecropper contracts shall be regulated in order to assure a rational exploitation of the land and an equitable distribution of its produce between proprietors and tenants.

Cyprus (Turkish Cypriot proposed constitutional amendments)

12(b) The Federated States shall undertake to protect the environment and preserve antiquities and nature while exploiting the forests and forest materials, fishing and fisheries, mines, quarries, minerals and quarry materials, gas and oil, water and generally all kinds of natural resources including the resources of the sea﷓bed and the continental shelf.

Czech Republic
Article 7 [Natural Resources]: The state shall see to it that natural resources are used economically and natural wealth is protected.

El Salvador

Fourth Section ﷓ Public Health and Social Assistance

Article 69. The State shall be equipped with the necessary and indispensable resources for permanent control of the quality of chemical, pharmaceutical and veterinary products through surveillance organisms. Likewise the State shall control the quality of food products and the
environmental conditions that may affect health and well﷓being.

Article 113. Associations of an economic nature that tend to increase the national wealth through a better use of natural and human resources, and to promote a fair distribution of the benefits originating from their activities, shall be fomented and protected. In addition to private individuals, the State, municipalities, and entities of public utility may participate in this class of associations.

Article 117. The protection, restoration, development and advantageous use of natural resources is declared to be of social interest. The State shall create the economic incentives and provide the technical assistance necessary for the development of adequate programs.

The protection, conservation and improvement of the natural resources and the atmosphere shall be the object of special laws.

Equatorial Guinea

Title I ﷓ Fundamental Principles of the State

Article 6. The State shall encourage and promote culture, artistic creativity, scientific and technological research, and shall assure conservation of nature, the cultural inheritance, and the artistic and historical wealth of the Nation.
. . .
Article 25. Work shall be a right and a social duty. The State recognizes its constructive role in safeguarding and developing national resources.

Article 76. Aside from cases specifically provided for in other articles of this Fundamental Law, the following matters are reserved for law:
. . .
(b) Expropriation of resources in the public interest.
. . .
(j) Regulation of national resources.

Eritrea

Article 10 [Economic and Social Development]
(1) The State shall endeavour to create opportunities to ensure the fulfillment of citizens` rights to social justice and the economic development and to fulfill their material and spiritual needs.
(2) The State shall work to bring about a balanced and sustainable development throughout the country, and shall use all available means to ensure all citizens to improve their livelihood in a sustainable manner, through their development.
(3) The State shall have the responsibility to regulate all land,water and natural resources and to ensure their management in a balanced and sustainable manner and in the interest of the present and future generations; and to create the right conditions for securing the participation of the people to safeguard the environment.

Ethiopia

Article 92 Objectives for Environmental Protection
1. The State shall have the responsibility to strive to ensure a clean and healthy environment for all Ethiopians.
2. Any economic development activity shall not in any way bedisruptive to the ecological balance.
3. The people concerned shall be made to give their opinions in the preparation and implementation of policies and programs concerning environmental protection.
4. The State and citizens shall have the duty to protect the environment.

Gambia

Economic 215. (1) The State shall endeavour to create an economic environment that maximises the rate of economic growth and employment and secures the maximum welfare and property for all persons in The Gambia. . . . (3.d) protecting the environment of the nation forposterity; . . . and (e) co﷓operating with other nationsand bodies to protect the global
environment.

Cultural objectives 218: The State and all the people of The Gambia shall strive to protect, preserve and foster the languages, historic sites, cultural, natural and artistic heritage of The Gambia.

Greece

Article 24 [Environment]
(1) The protection of the physical and cultural environment constitutes an obligation to the State. The State must take special preventive or repressive measures for the conservation thereof. A law shall regulate matters relating to the protection of forests and forest areas in general. Any change in the land uses of public forests or public forest areas shall be prohibited, unless the agricultural use thereof or any other use be beneficial to the national economy or dictated by the national interests.
(2) The regional restructuring of the country, the configuration, development, planning, and extension of cities and housing areas in general shall be placed under the regulatory competence of and control by the State with a view to achieving the best possible living conditions and enhancing the functionality and development of the said housing areas.
(3) The properties contained in a given area shall compulsorily participate, without receiving any compensation form the local agencies, in making the necessary land available for the construction of roads, squares, and communalunits and spaces, and in covering the cost of the construction of basic town planning works for public use, as the law provides, with a view to recognizing the said area as housing area and revitalizing the same.
(4) A law may provide for the participation by the property owners of a given area designated as residential in the overall development and planning on the basis of an approved plan, through an exchange of their real estate property in blocks of flats not extending to the land underneath (horizontal property), sited in the parts of the area which shall finally be designated as building land or structures in the said area.
(5) The provisions of the aforegoing paragraphs shall apply to there habilitation of already existing housing areas. The areas cleared as a result shall be used for the creation as communal spaces or the construction of communal units or sold in order to cover the cost of the town redevelopment, as the law provides.
(6) Monuments and historical sites shall be protected by theState. A law may determine the measures necessary for such protection which may restrict the rights of the owners therein, and the mode and kind of compensation payable to the said owners.

Guatemala

Article 64. National Heritage. The conservation, protection, and improvement natural heritage of the Nation is declared to be of national interest. The State will promote the creation of national parks, reservations, and natural sanctuaries which are inalienable. A law will guarantee their protection and that of the fauna and flora to be found in them.

Article 119. Obligations of the State. The following are basic obligations the State: . . . To adopt the means that may be necessary for the conservation, development and exploitation of natural resources in efficient form;

Article 125. Exploitation of Natural Non﷓renewable Resources. The technical and rational exploitation of hydrocarbons, minerals, and other non﷓renewable natural resources is declared to be of public utility and need.

The State will establish and propitiate its own conditions for their exploration, exploitation, and commercialization.
Article 126. Reforestation. The reforestation of the country and the conservation of forests is declared to be a matter of national urgency. The law will determine theform and requirements for the rational exploitation of forestry resources and their renewal, including the resins, rubber, wild forest botanical products and other similar products, and will promote their industrial use. The exploitation of all these resources will correspond exclusively to Guatemalan persons, individual or juridical.

The forest and vegetation on the banks of rivers and lakes and inthe vicinity of water fountains will enjoy special protection.

Article 127. Water Regime. All the waters belong to the public domain and are inalienable and imprescriptible. Their exploitation, use, and enjoyment are granted in the form established by law in accordance with the social interest. A specific law will regulate this matter.

Article 128. Exploitation of Waters, Lakes, and Rivers. The exploitation of the waters of lakes and rivers for agricultural, livestock, tourism, or any other purpose contributing to the development of the national economy is at the service of the community rather than of any specific individual, but the users are obliged to reforest the banks and corresponding trenches as well as to facilitate access roads.

Guyana

36. In the interests of the present and future generations, the State will protect and make rational use of its land, mineral and water resources, as well as its fauna and flora, and will take all appropriate measures to conserve and improve the environment.

Guinea﷓Bissau

Article 15. The object of public health shall be to promote the physical and mental welfare of the people and to encourage their balanced integration into the social﷓ecological sphere in which they live.

Haiti

CHAPTER II ﷓﷓ THE ENVIRONMENT
ARTICLE 253: Since the environment is the natural framework of the life of the people, any practices that might disturb the ecological balance are strictly forbidden.
ARTICLE 254: the State shall organize the enhancement of natural sites to ensure their protection and make them accessible to all.
ARTICLE 255: To protect forest reserves and expand the plant coverage, the State encourage the development of local sources of energy: solar, wind and others.
ARTICLE 256: Within the framework of protecting the environment and public education, the State has the obligation to proceed to establish and maintain botanical and zoological gardens at certain points in its territory.
ARTICLE 257: The law specifies the conditions for protecting flora and fauna, and punishes violations thereof.
ARTICLE 258: No one may introduce into the country wastes or residues of any kind from foreign sources.

India

Article 48A [Protection and improvement of environment and safeguarding of forests and wildlife]: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

Iran

Article 50 [Preservation of the Environment]: The preservation of the environment, in which the present as well as the future generations have a right to flourishing social existence, is regarded as a public duty in the Islamic Republic. Economic and other activities that inevitably involve pollution of the environment or cause irreparable damage to it are therefore forbidden.

Iriquois Nations

THE GREAT BINDING LAW, GAYANASHAGOWA
* * *

7. Whenever the Confederate Lords shall assemble for the purpose of holding a council, the Onondaga Lords shall open it by expressing their gratitude to their cousin Lords and greeting them, and they shall make an address and offer thanks to the earth where men dwell, to the streams of water, the pools, the springs and the lakes, to the maize and the fruits, to the medicinal herbs and trees, to the forest trees for their usefulness, to the animals that serve as food and give their pelts for clothing, to the great winds and the lesser winds, to the Thunderers, to the Sun, the mighty warrior, to the moon, to the messengers of the Creator who reveal his wishes and to the Great Creator who dwells in the heavens above, who gives all the things useful to men, and who is the source and the ruler of health and life. Then shall the Onondaga Lords declare the council open. The council shall not sit after darkness has set in.

* * *

73. The soil of the earth from one end of the land to the other is the property of the people who inhabit it. By birthright the Ongwehonweh (Original beings) are the owners of the soil which they own and occupy and none other may hold it. The same law has been held from the oldest times. The Great Creator has made us of the one blood and of the same soil he made us and as only different tongues constitute different nations he established different hunting grounds and territories and made boundary lines between them.

Italy

Basic Principles.

Article 9. ﷓ The Republic promotes the development of scholarships and scientific and technical research. It safeguards the natural beauties and the historical and artistic wealth of Italy. . . .
Article 44. ﷓ With the object of securing a rational utilizationof the soil.

Kazakstan

Article 31: 1. The state shall set an objective to protect the environment favorable for the life and health of the person.
2. Officials shall be held accountable for the concealment of facts and circumstance endangering the life and health of the people in accordance with law.

Korea (Socialist Constitution)

Article 57: The State shall adopt measures to protect the environment in preference to production, preserve and promote the natural environment and prevent environmental pollution so as to provide the people with a hygienic environment and working conditions.

National Defence.

Article 84: Citizens shall take good care of State and communal property, combat all forms of misappropriation and waste and manage the nation`s economy diligently as the masters. The property of the State and the social, cooperative organization is inviolable.

Kuwait

Article 21: Natural resources and all revenues therefrom are the property of the State. It shall ensure their preservation and proper exploitation due regard being given to the requirements of State security and the national economy.

Laos

Article 17. All organisations and citizens must protect the environment and natural resources: land, underground, forests, fauna, water sources and atmosphere.

Latvia

Article 43: The protection of nature cultural centers, historical and architectural monuments and the environment is the responsibility of each person, the entiresociety and the State.

Liberia

Article 7: The Republic shall, consistent with the principles of individual freedom and social justice enshrined in this Constitution, manage the national economy and the resources of Liberia.

Lithuania

Article 53: (1) The State shall take care of people`s health and shall guarantee medical aid and services in the event of sickness. The procedure for providing medical aid to citizens free of charge at State medical facilities shall be established bylaw.
(2) The State shall promote physical culture of the society and shall support sports.
(3) The State and each individual must protect the environment from harmful influences.
Mali

undertake to assure the amelioration of the quality of life, the protection of the environment and the cultural patrimony.

Malta

Section 9 [Environment, History, Arts]: The State shall safeguard the landscape and the historical and artistic patrimony of the Nation.

Mauritius

(IV) in the execution of judgements or orders of courts;
(V) by reason of its being in a dangerous state or injurious tot he health of human beings, animals, trees or plants;
(VII) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out on it ﷓ A) of work of soil conservation or the conservation of other natural resources; or B) of agricultural development or improvement that the owner or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or failed to carry out, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society.

Malawi

13. The State shall actively promote the welfare and developmentof the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals﷓﷓
* * *
(d) The Environment
To manage the environment responsibly in order to﷓﷓
(i) prevent the degradation of the environment;
(ii) provide a healthy living and working environment for the people of Malawi;
(iii) accord full recognition to the rights of future generations by means of environmental protection and the sustainable development of natural resources; and
(iv) conserve and enhance the biological diversity of Malawi.

Malaysia

Chapter 5 ﷓ National Development

92. (3) In this Article, "development plan" means a plan for the development, improvement, or conservation of the natural resources of a development area, the exploitation of such resources, or the increase of means of employment in the area.

Mexico
Under the criteria of social equity and productivity, the social and private sector of the economy shall be supported and fostered making sure that they adhere to the modalities dictated by public interest and the use, for general benefit, of the productive resources, ensuring its conservation as well as the environment.

Micronesia

Article XIII ﷓ General Provisions: Section 2. Radioactive, toxic chemical, or other harmful substances may not be tested, stored, used, or disposed of within the jurisdiction of the Federated States of Micronesia without the express approval of the national government of the Federated States of Micronesia.

Model Constitutional Code (of the International ConstitutionalCentre)

Article 4 General Constitutional Objectives
(1) The State promotes justice and universal protection of human rights as individual rights. The State encourages fraternity among its citizens by establishing solidarity, general welfare, and national unity.
(2) The State acknowledges the right of the People to national autonomy and self﷓determination, and the right of minorities to group autonomy.
(3) The State promotes:
(a) public health care;
(b) education and schooling;
(c) schemes for social welfare;
(d) preservation and development of culture;
(e) preservation and maintenance of historical objects;
(f) environmental protection, intergenerational equity, and theprotection of nature for its intrinsic value including the protection of nature`s right;
(g) natural and social sciences.

Moldova

Article 10. Responsibility of the State in respect to a citizen and to the society: (1) The state is the official representative of the society and through its bodies and institutions expresses the wish of the society. The state, its bodies, institutions and officials are responsible in respect to a citizen and to the society.
(2) The duty of the State will be * * * d) to ensure a rational exploitation and use of the national patrimony to the interest of the people;
e) to undertake measures of the economic development and social protection adequate to ensure a decent living standard for people;
f) to ensure the development of culture and science, a rational use of the creative and productive potentials;
g) to ensure the protection of environment and the ecological equilibrium;
* * *

Article 123. The Economy: (1) The economy of the Republic of Moldova is a market economy based on the private or public property. (2) The state will have to ensure: * * * d) the exploitation of raw materials to the benefitof the nation; e) the restoration and the protection of the environment and preservation of the ecological balance;

Mozambique

Chapter IV Economic and Social Organisation.

Article 36. The State shall, with regard to the national interest, promote the inventory, the knowledge and the development of natural resources and shall determine the conditions for their use and enjoyment.

Article 37. The State shall promote efforts to guarantee the ecological balance and the conservation and preservation of the environment for the betterment of the quality of life of its citizens.

Article 38. Through the participation of citizens and the efficient use of human and material resources, the objective of State economic policy shall be to lay the fundamental bases for development, to improve the living conditions of the people, to strengthen the sovereignty of the State, and to consolidate national unity.

Myanmar (Burma)

Article 18. ﷓ The State ﷓ a) is the ultimate owner of all natural resources above and below the ground, above and beneath the waters and in the atmosphere, and also of all the lands; b) shall develop, extract, exploit and utilize the natural resources in the interest of the working people of all the national races.

Namibia

Chapter 11 ﷓ Principles of State Policy: (1) maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; in particular, the
Government shall provide measures against the dumping or recycling of foreign nuclear and toxic waste on Namibian territory.

Nepal

Article 26 State Policies
(1) The State shall pursue a policy of raising the standard of living of the general public through the development of infrastructures such as education, health, housing and employment of the people of all regions by equitably distributing investment of economic resources for balanced
development in the various geographical regions of the country.
(2) The State shall, while maintaining the cultural diversity of the country, pursue a policy of strengthening the national unity by promoting healthy and cordial social relations amongst the various religions, castes, tribes, communities and linguistic groups, and by helping in the promotion of their languages, literatures, scripts, arts and cultures.
(3) The State shall pursue a policy of mobilising the natural resources and heritage of the country in a manner which might be useful and beneficial to the interest of the nation.
(4) The State shall give priority to the protection of the environment and also to the prevention of its further damage due to physical development activities by increasing the awareness of the general public about environmental cleanliness, and the State shall also make arrangements for the protection of the rare wildlife, the forests and the vegetation.
(5) The State shall create conditions for the economic progress of the majority of the people, who are dependent on agriculture, by introducing measures which will help in raising productivity in the agricultural sector and develop the agricultural sector on the principles of industrial growth by launching land reform programmes.
(6) The State shall pursue a policy of increasing the participation of the labour force, the chief socio﷓economic force of the country, in the management of enterprises by gradually securing employment opportunities to it, ensuring the right to work, and thus protecting its rights and
interests.
(7) The State shall pursue a policy of making the female population participate, to a greater extent, in the task of national development by making special provisions for their education, health and employment.
(8) The State shall make necessary arrangements to safeguard therights and interests of children and shall ensure that they are not exploited, and shall make gradual arrangements for free education.
(9) The State shall pursue such policies in matters of education, health and social security of orphans, helpless women, the aged, the disabled and incapacitated persons, as well as ensure their protection and welfare.
(10) The State shall pursue a policy which will help promote the interests of the economically and socially backward groups and communities by making special provisions with regard to their education, health, and employment.
(11) The State shall, with a view to bringing about prosperity in the country, pursue a policy of giving priority to the development of science and technology and shall also give due consideration to the development of local technology.
(12) The State shall, for the purposes of national development, pursue a policy of taking measures necessary for the attraction of foreign capital and technology, while at the same time promoting indigenous investment.
(13) The State shall pursue a policy of creating conditions for the acceleration of the speed of rural development, keeping in view the welfare of the majority of the rural population.
(14) The State shall, in order to secure justice for all, pursue a policy of providing free legal aid to indigent persons for their legal representation in keeping with the principle of the Rule of Law.
(15) The foreign policy of Nepal shall be guided by the principles of the United Nations Charter, nonalignment, Panchsheel, international law and the value of world peace.
(16) The State shall pursue a policy of making continuous efforts to institutionalise peace for Nepal through international recognition, by promoting cooperative and good relations in the economic, social and other spheres on the basis of equality with neighbouring and all other
countries of the world.
The Netherlands

Article 21 [Environment]: It shall be the concern of the authorities to keep the country habitable and to protect and improve the environment.

Nicargaua

Article number: 18: (1) The State social order is founded on ideals of Freedom, Equality and Justice. (2) In furtherance of the social order ﷓ * * * (c) exploitation of human or natural resources in any form whatsoever for reasons other than the good of the community shall be
prevented;

Oman

Article 12 [Social Principles]
The social principles are:
﷓ Justice, equality and equality of opportunity between Omanis are the pillars of society, guaranteed by the State.
﷓ Co﷓operation, compassion, strong ties between citizens, and the reinforcement of national unity are a duty. The State shall prevent anything that could lead to division, discord, or the disruption of national unity.
﷓ The family is the basis of society, and the Law regulates the means of protecting it, safeguarding its legal structure, reinforcing its ties and values, providing care for its members, and creating suitable conditions for the development of their aptitudes and capabilities.
﷓ The State guarantees assistance for the citizen and his family in cases of emergency, sickness, incapacity and old age in accordance with the social security system. It also encourages society to share the burdens of dealing with the effects of public disasters and calamities.
﷓ The State cares for public health and for the prevention and treatment of diseases and epidemics. It endeavours to provide health care for every citizen and to encourage the establishment of private hospitals, clinics and other medical institutions under State supervision and in accordance with the rules laid down by Law. It also works to conserve and protect the environment and prevent pollution.
﷓ The State enacts laws to protect the employee and the employer, and regulates relations between them. Every citizen has the right to engage in the work of his choice within the limits of the Law. It is not permitted to impose any compulsory work on anyone except in accordance with the Law and for the performance of public service, and for a fair wage.

Palau

Article 1 [Territory]
Section 2. Each state shall have exclusive ownership of all living and non﷓ living resources, except highly migratory fish, from the land to twelve (12) nautical miles seaward from the traditional baselines; provided, however, that traditional fishing rights and practices shall not be impaired.

Article 2 [Sovereignty and Supremacy]
Section 3. Major governmental powers including but not limited to defense, security, or foreign affairs may be delegated by treaty, compact, or other agreement between the sovereign Republic of Palau and another sovereign nation or international organisation, provided such treaty, compact or agreement shall be approved by not less than two﷓thirds (2/3) of the members of each house of the Olbiil Era Kelulau and by a majority of the votes cast in a nationwide referendum conducted for such purpose, provided, that any such agreement which authorises use, testing, storage or disposal of nuclear, toxic, chemical, gas or biological weapons intended for use in warfare shall require approval of not less than three﷓fourths (3/4) of the votes cast in such referendum.

Article 6 [Responsibilities of the National Government]: The national government shall take positive action to attain these national objectives and implement these national policies: conservation of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security of persons and property; promotion of the health and social welfare of the citizens through the provision of free or subsidised health care; and provision of public education for citizens which shall be free and compulsory as prescribed by law.

Article 12 [General Provisions]
Section 6: Harmful substances such as nuclear, chemical gas, or biological weapons intended for use in warfare, nuclear power plants, and waste materials therefrom, shall not be used, tested, stored or disposed of within territorial jurisdiction of Palau without the express approval of not less than three﷓fourths (3/4) of the votes cast in a referendum submitted on this specific question.

Panama

Chapter 6 [Health, Social Security and Social Welfare]
Article 106. In matters of health, the State is primarily obliged to develop the following activities, integrating the functions of prevention, cure and rehabilitation in the:

2. Training of individuals and social groups by means ofeducational actions concerning individual and collective rights and responsibilities, with respect to personal and environmental health.

4. Combatting of contagious diseases through environmental health, development of potable water availability, and adopting methods of immunisation, prophylaxis, and treatment to be provided collectively and individually to all the population.

Chapter 7 [The Ecology]
Article 114. The State has the fundamental obligation to guarantee that its population lives in a healthy environment, free of contamination (pollution), and where air, water, and foodstuffs satisfy the requirements for proper development of human life.

Article 115. The State, and all the inhabitants of the national territory, have the obligation of promoting economic and social development that prevents environmental contamination, maintains ecological balance, and avoids the destruction of ecosystems.

Article 116. The State shall regulate, supervise, and apply, at the proper time, the measures necessary to guarantee rational use fo , and benefit from, land, river andsea life, as well as forests, lands and waters, to avoid their misuse, and to ensure theirpreservation, renewal, and permanence.

Article 117. Benefits gained from non﷓renewable natural resources shall be regulated by law, to avoid social, economic and environmental abuses that could result.

Chapter 8 [Agrarian System]

Article 118. The State shall pay special attention to all aspects of Cattle and Agricultural development, promoting optimum use of the land, seeing to its reasonable distribution, and its proper use and conservation, so that it may be maintained in productive conditions. The State shall guarantee each farmer the right to live in dignity.

Papua New Guinea

4. [Natural Resources and the Environment]: We declare our fourth goal to be for Papua New Guinea`s natural resources and environment to be conserved and used for the collective benefit of us all and be replenished for the benefit of future generations.

We accordingly call for ﷓
(1) wise use to be made of our natural resources and the environment in and on the land or seabed, in the sea, under the land, and in the air, in the interests of our development and in trust for future generations; and
(2) the conservation and replenishment, for the benefit of ourselves and posterity, of the environment and its sacred, scenic, and historical qualities; and
(3) all necessary steps to be taken to give adequate protection to our valued birds, animals, fish, insects, plants and trees.

Peoples` Republic of China

Article 26 [Environment]: (1) The state protects and improves the living environment and the ecological environment, and prevents and remedies pollution and other public hazards. (2) The state organizes and encourages afforestation and the protection of forests.

Peru

Article 21. Mineral deposits and archaeological ruins, structures, monuments, sites, bibliographic and archival documents, objects d`art, and artifacts of historic value, specifically adjudged to be cultural assets, and provisionally those presumed as such, are the nation`s cultural patrimony, independently of their status as private or public property. They are protected by the State. The law protects the ownership of said patrimony. Private participation in conservation, restoration, exhibition, and diffusion of the above are encouraged by law as is their restitution to their country of origin when they were illegally moved outside the national territory.

Chapter III [Concerning the Environment and Natural Resources]

Article 66. Natural resources, renewable and non﷓renewable, are the patrimony of the Nation. The State is sovereign in their utilisation. The conditions of their use and specific allotments are determined by organic law. The concession of natural resources grants their title﷓holders an unencumbered right subject to the said legal regulations.

Article 67. The State determines national environmental policy. It promotes the sustainable use of its natural resources.

Article 68. The State is obligated to promote the preservation of biological diversity and of natural protected areas.

Article 69. The State promotes the sustainable development of Amazonia with adequate legislation.

Philippines

Article 8. All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. With the exception of agricultural, industrial or commercial, residential, and resettlement lands of the public domain, natural resources shall not be alienated, and no license, concession, or lease for the exploration, development, exploitation, or utilization of any of the natural resources shall be granted for a period exceeding twenty﷓ five years, renewable for not more than twenty﷓five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waterpower, in which cases, beneficial use may be the measure and the limit of the grant.

Pilau

Article VI ﷓ Responsibilities of the National Government: The national government shall take positive action to attain these national objectives and implement these national objectives and implement these national policies: conservation of a beautiful, healthful and resourceful natural environment; promotion of the national economy; protection of the safety and security of persons and property; promotion of health and social welfare of the citizens through the provision of free or subsidized healthcare; and provision of public education for citizens which shall be free and compulsory as prescribed by law.

Portugal

Article 9 Basic Tasks of the State
The basic tasks of the State are:
a) To safeguard national independence and create the political, economic, social, and cultural conditions conducive to it;
b) To safeguard fundamental rights and freedoms and respect for the principles of the democratic State based on law;
c) To defend political democracy, secure and promote the democratic participation of the citizens in solving the national problems;
d) To promote the people`s welfare and quality of life, real equality among the Portuguese as well as the realization of economic, social, and cultural rights by way of transforming and modernizing the economic and social structures;
e) To protect and enhance the cultural heritage of the Portuguese people, defend nature and the environment, conserve natural resources, and ensure a proper regional planning;
f) To secure training on and constant valorization of the Portuguese language, to defend its use and promote its international circulation.

Puerto Rico

Section 19: It shall be the public policy of the Commonwealth to conserve, develop and use its natural resources in the most effective manner possible for the general welfare of the community; to conserve and maintain buildings and places declared by the Legislative Assembly to be of historic or artistic value; to regulate its penal institutions in a manner that effectively achieves their purposes and to provide, within the limits of available resources, for adequate treatment of delinquents in order to make possible their moral and social rehabilitation.

Republic of Croatia

Article 3 [State Values]: Freedom, equal rights, national equality, peace, social justice, respect for human rights, inviolability of ownership, conservation of nature and the human environment, the rule of law, and a democratic multiparty system are the highest values of the constitutional order of the Republic of Croatia.

Republic of Macedonia

Article 8: (1) The fundamental values of the constitutional order of the Republic of Macedonia are:
﷓ the basic freedoms and rights of the individual and citizen, recognized in international law and set down in the Constitution;
﷓ the free expression of national identity;
﷓ the rule of law;
﷓ the division of state powers into legislative, executive andjudicial;
﷓ the legal protection of property;
﷓ the freedom of the market and entrepreneurship;
﷓ humanism, social justice and solidarity;
﷓ local self﷓government;
﷓ proper urban and rural planning to promote a congenial human environment, as well as ecological protection and development; and
﷓ respect for the generally accepted norms of international law.
(2) Anything that is not prohibited by the Constitution or by law is permitted in the Republic of Macedonia.

* * *

Article 56: (1) All the natural resources of the Republic of Macedonia, the flora and fauna, amenities in common use, as well as the objects and buildings of particular cultural and historical value determined by law, are amenities of common interest for the Republic and enjoy particular protection.
(2) The Republic guarantees the protection, promotion and enhancement of the historical and artistic heritage of the Macedonian people and of the nationalities and the treasures of which it is composed, regardless of their legal status. The law regulates the mode and conditions under which specific items of general interest for the Republic can be ceded for use.

Romania

Article 134 [Free Market Economy]
(1) Romania`s economy is a free market economy.
(2) The State must secure:
a) a free trade, protection of loyal competition, provision of a favorable framework in order to stimulate and value every factor of production;
b) protection of national interests in economic, financial, and currency activity;
c) promotion of national scientific research;
d) exploitation of natural resources, in conformity with national interests;
e) environmental protection and recovery, as well as preservation of the ecological balance; and
f) creation of all necessary conditions so as to increase thequality of life.

Sao Tome and Principe

Article 10 [Prime Objectives of the State]: c) Preserve the harmonious balance of nature and of the environment.

Saudi Arabia

Article 32 [Environment, Nature]: The state works for the preservation, protection, and improvement of the environment, and for the prevention of pollution

Somalia

Article 42 [Land and Marine Resources]: The land, natural marine and land based resources shall be state property. The state shall promulgate a law prescribing the best methods for exploiting such resources.

Soviet Union (Former)

Article 18: In the interests of the present and future generations, the necessary steps are taken in the USSR to protect and make scientific, rational use of the land and its mineral and water resources, and the plant and animal kingdoms, to preserve the purity of air and water, ensure reproduction of natural wealth, and improve the human environment.

Sri Lanka

Article 27 [Directive Principles of State Policy]
(14) The State shall protect, preserve and improve the environment for the benefit of the community.

Suriname

Article 6: The social objectives of the State shall aim at: a. the identification of the potentialities for development of the own natural environment and the enlarging of the capacities to ever more expand those potentialities; * * * g. creating and improving the conditions necessary for the protection of nature and for the preservation of the ecological balance.

Taiwan

Article 9
(1) The State shall encourage development of and investment in science and technology, facilitate the upgrade of industry, promote the modernization of agriculture and fishery, emphasize the exploitation and utilization of water resources, and intensify international economic cooperation.
(2) Environmental and ecological protection shall be given equal consideration with economic and technological development.
(3) The State shall manage government﷓run financial organizationsin line with the principles of business administration. The management, personnel, budgets, final accounts, and audit of the government﷓run financial organizations shall be specially regulated by law.
(4) The State shall inaugurate universal health insurance coverageand promote the research and development of both modern and traditional medicines.
(5) The State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive equality between the sexes.
(6) The State shall safeguard the rights of the handicapped and disabled to insurance, medical care, education, training, employment assistance, support for daily living needs and relief, so as to help them attain independence and further their careers.
(7) The State shall accord to the aborigines in the free area legal protection of their status and the right to political participation. It shall also provide assistance and encouragement for their education, cultural preservation, socialwelfare and business undertakings. The same protection and assistance shall be given tothe people of Kinmen and Matsu areas.
(8) The State shall accord to Chinese nationals residing overseasprotection of their rights to political participation.
Tajikistan

Article 13: The earth, its resources, water, the atmosphere, flora, fauna, and other natural resources are the exclusive property of the state, and the government guarantees their effective utilization in the interests of the people.

Tanzania

Section Two ﷓ Important Objectives and the Basic Structures of the Direction of Government Affairs.

Building Socialism and Self﷓reliance.

(b) that the laws of the land are protected and implemented;
(c) that the affairs of the Government are carries out in such a way as to ensure that the natural resources of the nation are developed, preserved and utilised for the benefit of all citizens in general and also to guard against exploitation of man by man;

Thailand

Section 78. The State should conserve environment, balance of natural resources and its substation and should prevent and eliminate pollution and should plan suitable use of soil and water.

Section 87. The State should have a demographic policy appropriate for natural resources, economic and socialconditions, and technological progress for the benefit of economic and social development and for the security of state.

Turkey

III. Public Interest
A. Utilisation of the Coasts
Article 43. The coasts are under the sovereignty and at the disposal of the state. In the utilisation of the sea coast, lake shores or river banks, and of the coastal strip along the sea and lakes, public interest shall be taken into consideration with priority. The width of coasts, and coastal strips to be determines according to the purpose of utilization, and the conditions and possibilities of such utilization by individuals shall be determines by law.

B. Land Ownership
Article 44. The State shall take the necessary measures to maintain and develop efficient land cultivation, to prevent its loss through erosion, and to provide land to farmers with insufficient land of their own, or no land. For this purpose, the law may define the size of appropriate land units, according to different agricultural regions and types of farming. Providing of land to farmers with no or insufficient land shall not lead to a fall in production, or to the depletion of forests and other land and underground resources. Lands distributed for this purpose shall neither be divided nor be transferred to others, except through inheritance, and shall be cultivated only by farmers, to whom they have been distributed, and their heirs. The principles relating to the recovery by the state of the land thus distributed in the event of loss of these conditions shall be prescribed by law.

C. Protection of Agriculture, Animal Husbandry, and Persons Engaged in these Activities.
Article 45. The State shall assist farmers and livestock breeders in acquiring machinery, equipment and other inputs in order to prevent improper use and destruction of agricultural land, meadows and pastures and to increase crop and livestock production in accordance with the principles of agricultural planning. The State shall take necessary measures to promote the values of crop and livestock products, and to enable producers to be paid their real value.

XI. Conservation of Historical, Cultural and Natural Wealth.
Article 63. The State shall ensure the conservation of the historical, cultural and natural assets and wealth, and shall take supporting and promoting measures towards this end. Any limitations to be imposed on such assets and wealth which are privately owned and the compensation and exemptions to be accorded to the owners of such, as a result of these limitations, shall be regulated by law.

III. Exploration and Exploitation of Natural Resources.
Article 168. Natural wealth and resources shall be placed under the control and at the disposal of the State. The right to explore and exploit them belongs to the State. The State may delegate this right to individuals or public corporations for specific periods. Of the natural wealth and resources, those to be explored and exploited by the State in partnership with individuals or public corporations, and those to be directly explored and exploited by individuals or public corporations shall be subject to the explicit permission of the law. The conditions to be observed in such cases by individuals and public corporations, the procedure and principles governing supervision and control by the State, and the sanctions to be applied shall be prescribed by law.

IV. Forests and the Inhabitants of Forest Villages
A. Protection and Development of Forests
Article 169. The State shall enact the necessary legislation and take the necessary measures for the protection of forests and the extension of their areas. Forest areas destroyed by fire shall be reafforested; other agricultural and stock﷓breeding activities shall not be allowed in such areas. All forests shall be under the care and supervision of the State. The ownership of State forests shall not be transferred to others. State forests shall be managed and exploited by the State in accordance with the law. Ownership of these forests cannot be acquired through prescription, not shall servitude other than that in the public interest be imposed in respect of such forests.

Acts and actions which might damage forests shall not be permitted. No political propaganda which might lead to the destruction of forests shall be made; no amnesties or pardons to be specifically granted for offences against forests shall be legislated. Offences committed with the intention of burning or destroying forests or reducing forest areas shall not be included within the scope of amnesties or pardons on other occasions.

The restraining of forest boundaries shall be prohibited, except in respect of areas whose preservation as forests is considered technically and scientifically useless, but whose conversion into agricultural land has been found definitely advantageous, and in respect of fields, vineyards, orchards, olive groves or similar areas which technically and scientifically ceased to be forest before 31 December 1981 and whose use for agricultural or stock﷓breeding purposes has been found advantageous, and in respect of built﷓up areas in the vicinity of cities, towns or villages.

Turkmenistan

Article 10: The government is responsible for preserving the national historico﷓cultural heritage and natural environment, as well as for ensuring equality between social and national groups. The government encourages the scientific and creative arts and the dissemination of their achievements, and facilitates the development of international contacts in the fields of science, culture, education, sports, and tourism.

Uganda

XIII. Protection of natural resources.

The State shall protect important natural resources, includingland, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.

XXVII. The Environment.

(i) The State shall promote sustainable development and public awareness of the need to manage land, air, water resources in a balanced and sustainable manner for the present and future generations.
(ii) The utilization of the natural resources of Uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans; and in particular, the State shall take all possible measures to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other causes.
(iii) The State shall promote and implement energy policies that will ensure that people`s basic needs and those of environmental preservation are met.
(iv) The State, including local governments, shall﷓ (a) create and develop parks, reserves and recreation areas and ensure the conservation of natural resources; (b) promote the rational use of natural resources so as to safeguard and protect the bio﷓diversity of Uganda.

United Arab Emigrates

Article 23: The natural resources and wealth in each Emirate shall be considered the public property of that Emirate. Society shall be responsible for the protection and proper exploitation of such natural resources and wealth for the benefit of the national economy.

Uzbekistan

Article 55: The earth, its resources, water, flora, fauna, and other natural resources are national riches and are subject to rational use and protection by the government.

Venezuala

Article 104. Railways, highways, pipelines, and other means of communication or transportation constructed by enterprises exploiting natural resources shall be at the service of the public, under the conditions and with the limitations established by law.

Article 106. The State shall attend to the protection and conservation of the natural resources within its territory, and their exploitation shall be directed primarily toward the collective benefit of Venezuelans.

Yemen

Article (8): All types of natural resources and energy sources existing underground, on the ground, in the territorial waters and the continental shelf and the exclusive economic zone shall remain the property of the State which shall ensure their exploitation for the general welfare.

Article (18): Concessions respecting the exploitation of natural resources and public property shall be determined by law. The law may define cases of specific significance whereby concessions shall be given as provided by the law. State ﷓ owned property and movable assets shall be disposed of and conceded free of charge only by law. The same law shall provide for the manner in which local units shall be granted the right to dispose of free of charge, public property.

Article (34) : The protection and preservation of archaeological sites and antiquities shall be undertaken by the State and society. The sale of, damage to ortransgression against these sites and antiquities shall be tantamount to subversion and aggression against society. Violators shall hereby be prosecuted as stipulated by law.

Article (135) : . . .
(h) following﷓up the enforcement of laws and the protection of the
State money and property;
(i) supervising the organisation and administration of the monetary, credit and insurance systems;

Zambia

Pledging further to all citizens the bounden duty of the State to respect the rights and dignity of all members of the human family, to uphold the laws of the State and to conduct the affairs of the state in such manner that its resources are preserved, developed and enjoyed for the benefit of its citizens as a whole.
. . .
(m) by reason of the property in question being in a dangerous state or prejudicial to the health or safety of human beings, animals or plants.
. . .
(t) for so long as may be necessary for the purpose of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon ﷓ (i) of work for the purpose of the conservation of natural resources of any description; or (ii) of agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable and lawful excuse refused or failed, to carry out;
(u) where the property consists of any licence or permit;
(v) where the property consists of wild animals existing in theirnatural habitat or the carcasses of wild animals;

III. Federal Environment Power

ALBANIA

Article 33 [Council of Ministers]
(1) The Council of Ministers is the highest executive and legislative organ.
(2) The Council of Ministers is assigned in the first session of the People`s Assembly.
(3) The president of the Republic assigns the chairman of the Council of Ministers and upon the proposal of the latter the ministers too.
(4) The composition of the government and its program are adopted by the People`s Assembly with majority of votes, within 5 days from the date it is submitted.
(5) In case he does not get the vote of confidence, the chairman of the Council of Ministers immediately submits his resignation to the president of the Republic, who assigns the new chairman of the Council of Ministers.
(6) Before resuming the functions, the chairman of the Council of Ministers and the ministers swear before the president of the Republic.

Article 36 [Competences]
The Council of Ministers has the following main competences:
1. Directing the activity for the realization of the domestic and foreign policy of the state.
2. Issuing the decisions, ordinances, and instructions in compliance with the Constitution and laws and on their implementation. They are signed by the chairman of the Council of Ministers and, when having a normative character, are published in the official gazette, excluding
separate cases foreseen by law.
3. Guiding and controlling the activity of ministries and other central organs of the state administration. Coordinating and monitoring the activity of local organs of administration ensuring the compulsory and similar implementation of the laws and acts of the government.
4. Directing the activity for the fulfillment of the tasks in the field of the country`s defense, conforming to the decisions of the Council of Defense.
5. Adopting measures on security, the preservation and strengthening of juridical order, and of the citizens` rights.
6. Reaching international agreements, adopting and denouncing those that are not subjected to ratification.
7. Working out economic and social programs of the country`s developments and the synthetic economic indices, the state budget, pursuing and controlling their implementation, coordinating, disciplining and controlling the state finances and the monetary and credit system.
8. Making the division or unification of the administrative﷓territorial units.
9. Adopting measures to ensure the protection of the environment, the suitable working conditions, and the protection of the citizens` health.

ARGENTINA

Fourth Chapter ﷓ Powers of the Congress

Article 75. The Congress shall have the power: * * * 5. To provide for the use and disposition of national lands.

AUSTRIA

Article 10 [Federal Legislation and Execution]
(1) The Federation has powers of legislation and execution in the following matters:
1. the Federal Constitution, in particular elections to the House of Representatives, and referenda as provided by the Federal Constitution; the constitutional Court;
2. external affairs, including political and economic representation with regard to other countries and in particular the conclusion of international treaties of all kinds, demarcation of frontiers; trade in goods and livestock with other countries; customs;
3. regulation and control of entry into and exit from the federal territory; immigration and emigration; passports; deportation, turning back at the frontier, expulsion, and extradition from or through the federal territory;
4. federal finances, in particular taxes to be collected exclusively or in part on behalf of the Federation; monopolies;
5. the monetary, credit, stock exchange and banking system; the weights and measures, standards, and hallmark system;
6. civil law, including the rules relating to economic association, but excluding regulations which render real property transactions with aliens subject to restrictions by the administrative authorities; criminal law, excluding administrative penal law and administrative penal procedure in matters which fall within the autonomous sphere of competence of the States; administration of justice; establishments, such as compulsory labor and similar institutions, for the protection of society against criminal, degenerate or otherwise dangerous elements; the Administrative court; copyright; Press affairs; expropriation for the purposes of urban and rural reclamation, reconditioning, restoration; expropriation in so far as it doesn`t concern matters falling within the autonomous sphere of competence of the States, matters of notaries, lawyers, and related professions;
7. the maintenance of peace, order and security, excluding the local public safety administration; the right of association and assembly; matters of personal status, including the registration of births, marriages and deaths, and change of name; aliens police and residence registration; matters of weapons, ammunition and explosives, and the use of fire﷓arms;
8. matters of trade and industry; public advertising and commercial brokerage; restraint of unfair competition; patent matters and the protection of designs, trade marks, and other commodity descriptions; matters of patent agents; matters of civil engineering; chambers of commerce, trade, and industry; establishment of professional associations in so far as they extend to the federal territory as a whole, but with the exception of those in the field of agriculture and forestry;
9. the traffic system relating to the railways, aviation, and shipping in so far as the last of these does not fall under Article 11; motor traffic; matters, with exception of the highway police, which concern roads declared by federal law as federal highways on account of their importance for transit traffic; river and navigation police in so far as these do not fall under Article 11; the postal, telegraph, and telephone system;
10. mining; forestry, including timber flotage; water rights; control and conservation of waters for the safe diversion of floods or for shipping and raft transport; regulation of torrents; construction and maintenance of waterways regulation and standardization of electrical plants and establishments as well as safety measures in this field; provisions of electric power transmission in so far as the transmission extends over two or more States, matters of steam﷓ and other power﷓driven engines; surveying;
11. labor legislation in so far as it does not fall under Article 12; social and contractual insurance; chambers for workers and salaried employees with the exception of those relating to agriculture and forestry;
12. public health with the exception of burial and disposal of the dead and community sanitation and first aid services, but only sanitary supervision with respect to hospitals, nursing homes, health resorts and natural curative resources; measures to counter factors hazardous to the environment through the transcendence of input limits, veterinary affairs; nutrition affairs, including foodstuffs inspection;
13. archive and library services for the sciences and specialist purposes; matters of federal collections and establishments serving the arts and sciences, all matters of the federal theaters not however including the settlement of their structural alignment and level nor the treatment accorded by the official building authorities to constructions which concern surface elements in such edifices; the preservation of monuments; religious affairs; census as well as, allowing for the rights of the States to engage within their own territory in every kind of statistical activity, other statistics in so far as they do not serve the interests of one State only; endowments and foundations when their purposes extend beyond a single State`s sphere of interests and they have hitherto not been autonomously administered by the States;
14. organization and conduct of the federal police and the federal gendarmerie; settlement of the conditions of establishment and organization of other protective forces, including their armament and the right to make use of their weapons;
15. military affairs; matters of war damage and welfare measures for combatants and their surviving dependents; care of war graves; whatever measures seem necessary by reason or in consequence of war to ensure the uniform conduct of economic affairs, in particular with regard to the population`s supply with essentials;
16. the establishment of federal authorities and other federal agencies; service code for and staff representation rights of federal employees; and
17. population policy in so far as it concerns the grant of children`s allowances and the organization of burden equalization on behalf of families.

(2) In federal laws on the right of succession to undivided farm estate as well as in federal laws promulgated in accordance with Paragraph (1) no.10, State legislatures can be empowered to issue implementing provisions with respect to individual provisions which must be specifically designated. The provisions of Article 15 (6) shall be analogously applied to these State laws. Execution of the implementing laws issued in such cases lies with the Federation, but the enabling ordinances, in so far as they relate to the implementing provisions of the State law, need foregoing agreement with the State government concerned.

(3) The Federation must allow the States opportunity to present their views before its conclusion of treaties which within the meaning of Article 1 render necessary enabling measures or affect the autonomous sphere of competence of the states in another way. Article 11 [Federal Legislation and State Execution]

(1) In the following matters legislation is the business of the federation, execution that of the States:
1. nationality and right of citizenship;
2. professional associations in so far as they do not fall under article 10, but with the exception of those in the field of agriculture and forestry;
3. national housing affairs;
4. highway police;
5. sanitation; and
6. inland shipping as regards shipping licenses, shipping facilities and compulsory measures of such facilities in so far as it does not apply to the Danube, Lake Constance, Lake Neusiedl, and boundary stretches of other frontier waters. (2) In so far as a need for the issue of uniform regulations is considered to exist, the administrative procedure the general provisions of administrative penal law, the administrative penal procedure and the administrative execution also in matters where legislation lies with the States in particular also in matters of taxation, are prescribed by federal law; divergent regulations can be made in Federal or State laws settling the individual spheres of administration only when they are requisite for regularization of the
matter in hand.
(3) Enabling ordinances to the federal laws promulgated in accordance with Paragraphs (1) and (2) shall be issued, save as otherwise provided in these laws, by the Federation. The manner of publication for enabling ordinances whose issue by the States in matters concerning Paragraph (1)
no.4 and 6 is empowered by federal law can be prescribed by federal law.
(4) The application of the laws promulgated pursuant to Paragraph(2) and the enabling ordinances issued hereto lies with the Federation or the States, depending on whether the business which forms the subject of the procedure is a matter for execution by the Federation or the States.
(5) In proceedings before the administrative authorities the final decision on administrative contraventions lies with administrative penal tribunals to be constituted within the framework of the competent authorities. The members of these tribunals are independent in the exercise of their office and not bound by any instructions. The senior official of the authority concerned or a deputy delegated by him, who must have legal training, presides. The Federation appoints two members also incases where the tribunals have not been constituted within the framework of the federal authorities. Acting on applications from the administrative penal tribunals, the State﷓Governors are competent to exercise the right of pardon provided for by law where penal
administrative business arises under the indirect federal administration, the State Governments in matters of the autonomous sphere of competence of the States. Details regarding the establishment of administrative penal tribunals and their activity will be prescribed by federal law.

Article 12 [Federal Framework Legislation]
(1) In the following matters, framework legislation is the business of the Federation, the issue of implementing laws and execution the business of the states:
1. social welfare; population policy in so far as it does not fall under Article 10; public social and welfare establishments; maternity, infant, and adolescent welfare; hospitals and nursing homes; requirements to be imposed for health reason son health resorts, sanatoria, and health establishments; natural curative resources;
2. public institutions for the adjustment of disputes out of court;
3. land reform, in particular land consolidation measures and resettlement;
4. the protection of plants against diseases and pests;
5. matters of electric power in so far as they do not fall under art. 10; and
6. labor legislation and the protection of workers and employees in so far as it is a matter of workers and employees engaged in agriculture and forestry. (2) In matters of land reform the final decision and that at State level lies with tribunals composed of a chairman and judges, administrative officials, and experts the tribunal qualified to pronounce final judgment will be appointed within the framework of the competent Federal Ministry. The organization, the duties and the procedure of the tribunals as well as the principles for the organization of other authorities concerned with matters of land reform will be prescribed by federal law. This shall provide that the decisions by the tribunals are not subject to repeal and change by way of administrative ruling; the exclusion of ordinary appeal from the authority of first instance to the State jurisdiction is inadmissible.
(3) If and inasmuch as the rulings of State authorities in matters of electric power deviate from one another or a State Government was the sole competent State authority, the competence in such a matter passes, provided apart so demands within the deadline to be fixed by federal law, to the Federal Ministry competent in the business. As soon as the Ministry has reached a decision, the rulings hitherto made by the State authorities are invalidated.

AZERBAIJAN

Article 138. General Rules Established by the Ali Mejlis [Parliament] of the Nakhichen Autonomous Republic I. The Ali Mejlis of the Nakhichevan Autonomous Republic establishes general rules on the following matters:
* * * 5) protection of the environment:

BRAZIL

Article 24 [Concurrent Legislation]
(0) It is incumbent upon the Union, the States, and the Federal district to legislate concurrently on:
I. tax, financial, penitentiary, economic, and city planning law;
II. the budget;
III. commercial registries;
IV. costs of forensic services;
V. production and consumption;
VI. forests, hunting, fishing, fauna, reservation of nature, defense of the soil and natural resources, protection of the environment, and pollution control;
VII. protection of historical, cultural, artistic and touristic monuments, including natural scenic beauties;
VIII. liability for damages to the environment, to consumers, to assets and rights of an artistic, aesthetic, historical and touristic value, including natural scenic beauties; IX. education, culture, teaching, and sports;
X. creation, operation, and proceedings of the small claims courts;
XI. court procedure;
XII. social security, protection, and defense of health;
XIII. legal assistance and public defense;
XIV. protection and social integration of handicapped persons;
XV. protection of childhood and of youth;
XVI. organization, guarantees, rights and duties of the civil police.
(1) Within the scope of concurrent legislation, the jurisdiction of the Republic is limited to establishing general rules.
(2) The jurisdiction of the Republic to legislate under general rules does not preclude the supplementary jurisdiction of the States.
(3) If there is no federal law on general rules, the States exercises full legislative jurisdiction to provide for their peculiarities.
(4) The supervenience of a federal law over general rules suspends the effectiveness of a State law, to that extent that it is contrary thereto.

COMOROS

Article 45. The Federal Assembly shall pass laws.

Regulations concerning the following shall be established by the federal law: * * * ﷓the national inheritance and the protection of the environment;

CONGO (BRAZZAVILLE)

Article 104 [Domain of the Law] (1) It shall be in the domain of the law: ﷓ the citizenship, the civic rights and fundamental guarantees accorded to citizens in the exercise of public liberties, the subjugations imposed, in the interest of the national defense, and public security of citizens, in their person and their goods;﷓ the nationality, the state and the capacity of persons, matrimonial
systems, successions, and liberalities; ﷓ the determination of crimes, misdemeanors, and contraventions of the fifth class as well as the penalties which shall be applicable to them, the organization of justice and the procedure followed before the jurisdictions and for the execution of judicial decisions, the status of the magistrate and the juridical program of the High Council of the Magistrate, ministerial offices and liberal professions; ﷓ the base, rate, and manner of recovering impositions of every nature, borrowing and financial engagements of the State;
﷓ the program for the minting of coinage; ﷓ the electoral program of Parliament and Local Assemblies; ﷓ the general status of the Public Authority; ﷓ the right to work and programs of social security; ﷓ nationalizations, denationalizations of enterprises, and the transfer of property of enterprises from the public sector to the private sector; ﷓ the disposition of free and charge titles of public and private goods and of the public and private domain of the State; ﷓ the plan for economic and social development; ﷓ the environment and the conservation of natural resources; ﷓ the system of ownership, of real rights, and civil and commercial obligations; ﷓ the system of political parties and the press; ﷓ the approval of international treaties and accords; ﷓ the organization of the national defense; ﷓ the administration and disposition of the domain of the state; ﷓ the free administration of local units, their areas of competence, and their resources; ﷓ the management of the territory; ﷓ the mutuality, monetary system, and credit; ﷓ the system of transport, communications, and information; and ﷓ the penitentiary system.
(2) The law shall equally determine the fundamental principles:
﷓ of instruction,
﷓ of health,
﷓ of science and technology,
﷓ of culture, arts, and sports, and
﷓ of agriculture, husbandry, fishing, waters and forests.

EL SALVADOR

Public health and Social Assistance

Article 69. ﷓ The State shall be equipped with the necessary and indispensable resources for permanent control of the quality of chemical, pharmaceutical and veterinary products through surveillance organisms.

Likewise the State shall control the quality of food products and the environmental conditions that may affect health and well﷓being.

Citizens, their political rights and duties in the electoral body.

Article 113. ﷓ Association of an economic nature that tend to increase the national wealth through a better use of natural and human resources, and to promote a fair distribution of the benefits originating from their activities, shall be fomented and protected. In addition to private individuals, the State, municipalities, and entities of public utility may participate in this class of associations.

Article 117. ﷓ The protection, restoration, development and advantageous use of natural resources is declared to be of social interest. The State shall create the economic incentives and provide the technical assistance necessary for the development of adequate programs.

The protection, conservation and improvement of the natural resources and the atmosphere (medio) shall be the object of special laws.

FEDERAL REPUBLIC OF YUGOSLAVIA

Article 77 []: Through its organs, the Federal Republic of Yugoslavia shall formulate policy, enact and enforce federal legislation, other laws and general enactments, and ensure judicial protection in matters concerning:
1) the freedoms, rights and duties of man and the citizen, enshrined in the present Constitution; due process of law before courts and other state authorities; responsibility and sanctions for violation of the freedoms, rights and duties of man and the citizen as laid down by the present Constitution, and for violation of federal statutes, other laws and general enactments; amnesty and pardon for federal statutory criminal offenses;
2) the single market; the legal status of enterprises and other economic agents; the monetary, banking, foreign exchange, foreign trade and customs regimes; the system of credit relationships with foreign countries, the basic principles of the fiscal system;
3) the development of the Federal Republic of Yugoslavia, scientific and technological advances, regional development and efforts to close the developmental gap between different regions;
4) technical and technological systems and communications; the principles of environmental protection; the regime of the atmosphere and watercourses of national interest and international waters; the regime of territorial waters, with reference to the international relations of the Federal Republic of Yugoslavia; navigation on waters under an international or intergovernmental regime of navigation;
5) safety in all types of transportation, contractual relations and the principles of the system of property relations, the principles of social security and labor relations;
6) international relations; border crossing and control of the circulation of goods, services and passengers across the border; the status of aliens and foreign artificial persons;
7) the defense and security of the Federal Republic of Yugoslavia;
8) protection of human life and health against contagious diseases which threaten the country as a whole; manufacture and sale of medicaments; protection of animals against contagious diseases and protection of plants against diseases and pests which threaten the country as a whole; sales of plant and animal protection chemicals, and control of animals and plants crossing state frontiers; genetic material in agriculture and forestry; protection against ionizing radiation; production, sales and transport of weapons and of toxic, inflammable, explosive, radioactive and other dangerous substances;
9) the financing of the competencies of the Federal Republic of yugoslavia as laid down by the present Constitution;
10) the organization and work of the organs of the Federal republic of Yugoslavia;
11) national holidays and decorations bestowed by the Federal republic of Yugoslavia;
12) other spheres as laid down by the present Constitution.

Gabonese Republic

Relations between Executive Authority and Legislative authority
Article 47. Outside of the cases expressly provided for by the constitution, the law shall fix the rules concerning: . . . ﷓the administration of public goods, land use, forestry, mining and habitat; ﷓the protection of nature and the environment;

Economic and Social Council

Article 103. ﷓ The Economic and Social Council, under reserve of the provisions of Articles 8, paragraph 3, 28 paragraph 1 and article 53 here﷓above shall have competence over all aspects of economic, social and cultural development:
﷓the general orientation of the country`s economy;
﷓financial and budgetary policy;
﷓industrial policy;
﷓social and cultural policy;
﷓environmental policy.

GEORGIA

Article 3.
1. The special administration of Georgian supreme state bodies are responsible for: a legislation on Georgian citizenship, human rights and freedoms, emigration and immigration, entrance to and departure from Georgia, foreign nationals and stateless persons temporarily or permanently residing on the territory of Georgia.
b. the status and protection of boundaries and their protection; the status of territorial waters, airspace, continental shelf and special economic zones .
c. state defense and security; military forces, military industry and the trading of arms.
d. the issue of war and peace; the determination of a legal regime for a state of emergency and a state of war and their introduction.
e. foreign policy and international relations.
f. custom and tariff regimes and foreign trade.
g. state finances and state loans; the minting of money; legislation on banking, credit and insurance.
h. standards and models; geodesy and cartography; time; state statistics.
i. universal system and regime of energy; communications; the merchant fleet; flags of ships; harbors of state importance; airports and airfields; the control of airspace; transit and air transport; registration of air transport; meteorological services and the system of environmental protection.
j. railways and roads of importance to the whole state.
k. fishing in oceans and open seas.
l. boundary﷓sanitary cordon.
m. legislation on pharmaceutical medicines.
n. certification and accreditation of secondary and high schools, legislation on academic, scientific and professional titles and honors.
o. legislation on intellectual property rights
p. legislation on trade, criminal and civil law.
r. criminal police and investigation.
s. legislation on land, minerals and natural resources

GERMANY

Article 75 [Power to pass framework legislation]
(1) Subject to the conditions laid down in Article 72, the federation has the right to enact framework legislation for the legislation of the States concerning:
1. the legal status of persons in the public service of the states, communes or other corporate bodies under public law, insofar as Article 74a does not provide otherwise;
1a. the general principles governing higher education;
2. the general legal status of the press;
3. hunting, nature conservation and landscape management;
4. State distribution, regional planning and the management of water resources;
5. matters relating to the registration of residence or domicile and to identity cards;
6. protection against transfer of items of German culture to foreign countries. Article 72 (3) applies mutatis mutandis.
(2) Framework legislation may contain detailed or directly applicable provisions only in exceptional cases.
(3) If the Federation adopts framework legislation, the States are bound to adopt the necessary State statutes within an adequate time frame stipulated by the legislation.

GHANA

Protecting Natural Resources

268. (1) Any transaction, contract or undertaking involving the grant of a right or concession by or one﷓half of any person including the Government of Ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral, water or other natural resource of Ghana made or entered into after the coming into force of this Constitution shall be subject to ratification by parliament.

(2) Parliament may, by resolution supported by the votes of not less than two﷓thirds of all the members of Parliament, exempt from the provisions of clause (1) of this article any particular class of transactions, contracts or undertakings.

GUINEA

Title V ﷓ Relations between the President of the Republic and the national Assembly: Article 59. ﷓ ... ﷓ of cultural development and of the protection of the patrimony and environment;

HAWAII (INDIGENOUS PEOPLES)

Part 1] Business of the Nation; The Congress of the Nation of Hawaii We, the Kawaka Mali Nationals and Descendants hereby establish this Constitution, and acknowledge that the business of the nation shall be authorized in accordance with this Constitution. All government officials shall comply with this constitution. All legislative powers shall be vested in a Congress composed of the senate and the House of Representatives. All powers and subjects of legislation shall not be inconsistent with this Constitution.

Article V Legislative Powers and Limitations: The Congress has the power to make all laws necessary and proper for carrying into execution the business of the Nation, and all other powers vested in this Constitution.
Section 1 Of Making Laws, Generally
(a) To lay and collect taxes, duties, tariffs, and excises; to pay the debts and provide for the common defense and general welfare of the Nation. All duties and tariffs shall be uniform in nature throughout the Nation.
(b) To borrow money on the equity of the Nation.
(c) To regulate commerce with foreign nations.
(d) To establish a uniform rule of Naturalization and citizenship.
(e) To establish a uniform rule on the subject of bankruptcies.
(f) To coin money, regulate the value thereof, and of foreign money, and to fix a standard of weights and measures; and to provide for the punishment of counterfeiting the securities and current coin of the Nation.
(g) To establish post offices and postal services, national and foreign.
(h) To promote the progress of science, technologies, arts and culture, and environment.
(i) To declare martial law in the event of rebellion, and to provide calling forth the militia to execute the laws to suppress insurrections and to repel invasions.
(j) To raise and support armies and navy for National Peace and security.
(k) To exercise exclusive legislation, in all cases whatsoever, over the Nation and possessions over all places purchased by lawful cession by the nation of Hawaii, in foreign soil or territory.
(l) To define and punish piracies and felonies committed on the high seas, and offenses committed against the law of nations.
(m) To devise and make all laws necessary and proper for the execution of the powers vested by this constitution.

MADAGASCAR

Article 82 [Legislation]
(1) Laws shall be voted by Parliament under conditions established by this section. Parliament shall consist of the National Assembly and the senate. (2) In addition to matters referred to the Parliament by other articles of the Constitution: I) The law shall establish rules concerning:
﷓ civil rights and fundamental guarantees granted to individuals and groups for the exercise of rights and liberties;
﷓ nationality and citizenship;
﷓ obligations imposed by national defense upon citizens and their property; ﷓ organization of the family, the State, and the status of persons, the regulation of marriage, inheritance and gifts, and the drafting and codification of customs regarding citizenship;
﷓ the creation of new jurisdictions, the organization of administrative and financial agencies and the rules of procedure applicable to them, civil and commercial rules of procedure, the status of magistrates, and the guarantees of their independence; ﷓ the determination of crimes and misdemeanors, as well as the applicable penalties, criminal procedure, and amnesty;
﷓ judicial regulation of property and the conditions under which property may be subject to expropriation or requisition for public use or transfer of property to the State; ﷓ the creation of categories of public establishments;
﷓ election procedures in the territorial entities, the jurisdiction and resources of these entities, and their relation to the State;
﷓ property transfers from the public sector to the private sector; and
﷓ regulation of currency.

II) The law shall establish the fundamental principles of the following:
﷓ the organization of national defense and the use of the Armed forces or police forces by civil authorities, the status of the armed forces, and their neutrality; ﷓ the status of civil servants and public agents;
﷓ the status of teachers and researchers in higher education;
﷓ the status of the national police;
﷓ the status of correctional officers;
﷓ the judicial regulation of civil and commercial obligations;
﷓ the juridical framework of relations between employers and employees, trade union rights, and the right to strike;
﷓ professional training;
﷓ the organization of professions; and
﷓ protection of the environment.

III) The law shall determine the basis, rate, and methods of collection for assessments of all types.
The budget shall establish the amount and nature of State resources and obligations for budgetary balance; this shall be discussed and voted upon under the conditions provided for in Article 88.
IV) The law shall determine the policies and goals of State action in economic, social and environmental areas.
V) War may only be declared by Parliament.
VI) A state of national emergency may be declared by the President of the Republic in accordance with Article 59; extension beyond two weeks may only be authorized by Parliament.
VII) The law shall establish limitations to individual and public liberties during emergencies.
VIII) Ratification or approval of alliances or commercial treaties, treaties or agreements regarding international organization which commit State finances, which deal with the status of persons, peace treaties, treaties which involve the ceding exchange or acquisition of territory must be authorized by law. Prior to any ratification, treaties shall be submitted by the president of the Republic to the Constitutional Court. In case of non﷓conformity with the constitution, ratification may take place only after Constitutional revision.

MAURITANIA

Article 56 [Legislation]: The laws are voted by the Parliament.

Article 57 [Competencies]: (1) The following subjects are the domain of the law:
﷓ fundamental rights and duties, especially the system of public freedoms, the safeguard of individual freedoms, and the obligations imposed by national defense on citizens in their person and on their property;
﷓ nationality, the status and ability of persons, marriage, divorce, and inheritance;
﷓ the conditions of settlement of persons and the regulation of aliens;
﷓ the determination of crimes and misdemeanors as well as the sentences which are applicable, penal procedure, amnesty, the creation and organization of tribunals, and the regulation of magistrates;
﷓ civil procedure and means of execution;
﷓ customs regulation, regulation of coining of money, regulation of banks, credit, and insurance;
﷓ electoral regulations and the territorial division of the country;
﷓ regulation of property, real rights, and civil and commercial obligations;
- general regulation of water, mines, and hydro﷓carbons, fishing and the merchant marine, fauna, flora, and the environment;
﷓ the protection and safeguard of the cultural and historical patrimony;
﷓ general regulations concerning education and health;
﷓ general regulations concerning workers rights, right to work, and social welfare;
﷓ the general organization of the administration;
﷓ the free administration of local districts, their jurisdiction, and their resources;
﷓ the tax base, the tax rate, and the modes of collecting taxes of all kinds;
﷓ the creation of categories of public establishments;
﷓ the fundamental protection granted to civil and military employees as well as the general regulation of the Civil Service;
﷓ nationalizations of enterprises and the transfers of property from the public sector to the private sector; and
﷓ general regulations concerning the organization of the National defense.
(2) The laws governing finances shall determine the resources and expenses of the State within the conditions and subject to the reservations as set forth in an organic law.
(3) Laws and programs shall determine the objectives of the economic and social action of the State.
(4) The provisions of the present article may be stipulated and completed by an organic law.

MEXICO

Article 27. The Nation shall at all times have the right to impose on private property such limitations as the public interest may demand, as well as the right to regulate the utilization of natural resources which are susceptible of appropriation, in order to conserve them to ensure a more equitable distribution of public wealth, to attain a well﷓balanced development of the country and improvement of the living conditions of the rural and urban population. end in view, necessary measures shall be taken to put order to human settlements and establish adequate lands, waters and forests provisions, uses, reserves and purposes as to carry out public works and to plan and regulate the foundation, conservation, betterment and growth of the centers of population; to preserve and restore the ecological balance; to divide up large landed estates; to arrange, under the terms of the Regulating Law, the organization and collective exploitation of and communities; to develop small agricultural holdings inspiration; to create new agricultural centers, with necessary lands and waters; to encourage agriculture in general and to prevent the destruction of natural resources, and to protect property from damage to the detriment of society.

Centers of population which at present either have no lands or water or which do not possess them in sufficient quantities for the needs of their inhabitants, shall be entitled to grants thereof, which shall be taken from adjacent properties, the rights of small landed holdings in operation being respected at all times.

The following are the powers of the Assembly of Representatives for the Federal District: A)... Use of the soil; preservation of the environment and ecology protection.

MICRONESIA

Article IX ﷓ Legislative

Section 2. (m) to regulate the ownership, exploitation of natural resources within the marine space of the Federated States of Micronesia beyond 12 miles from island baselines;

MONGOLIA

Article 38 [Powers]: (1) The Government is the highest executive body of the State.
(2) In discharging the duty of directing economic, social, and cultural development of the country in observance of State laws, the Government exercises the following powers:
1) to organize and ensure nation﷓wide implementation of the constitution and other laws;
2) to work out a comprehensive policy on science and technology, guidelines for economic and social development, the State budget, credit and fiscal plans, to submit these to the National Parliament, and to execute decisions taken thereon;
3) to elaborate and implement comprehensive measures on sectoral, intersectoral, as well as regional development;
4) to undertake measures on the protection of the environment and on the rational use and restoration of natural resources;
5) to provide efficient leadership of central state administrative bodies and to direct the activities of local administrations;
6) to strengthen the country`s defense capabilities and to ensure national security;
7) to take measures for the protection of human rights and freedoms, enforcement of public order, and prevention of crime;
8) to realize the State foreign policy;
9) to conclude and implement international treaties with the consent of and subsequent ratification by the National Parliament as well as to conclude and abrogate intergovernmental treaties.
(3) The specific powers, structure, and procedure of the government are determined by law.

NIGER

Title III﷓ Executive Power

Article 81. The law determines the following fundamental principles: ... ﷓the protection of the environment and the conservation of natural resources;

Title XII ﷓ Cooperation and Association with States

Article 122.... ﷓the enhancement of the value of natural resources; ﷓the defense of the environment.

PAKISTAN

(4)An act of a Provincial Assembly which imposes any reasonable restriction in the interest of public health, public order or morality, or for the purpose of protecting animals or plants from disease or preventing or alleviating any serious shortage in the Province of an essential commodity shall not, if it was made with consent of the President, be invalid.

PARAGUAY

Article 8 [Environment Protection]: (1) Those activities that are likely to cause environmental changes will be regulated by law. Similarly, the law may restrict of prohibit those activities that are considered hazardous.

PILAU

Article IX ﷓ Olbiil Era Kelulau

Section 1.The legislative power of Pilau shall be vested in the Olbiil Era Kelulau which shall consist of two houses, the House of Delegates and the Senate.
Section 5.The Olbiil Era Kelulau shall have the following powers: ...
12)to regulate the ownership, exploration and exploitation of natural resources.

POLAND

Article 5 []: The Republic of Poland shall safeguard the independence and integrity of its territory and ensure the freedoms and rights of persons and citizens, the security of the citizens, safeguard the national heritage and shall ensure the protection of the natural environment pursuant to the principles of sustainable development.

RUSSIAN FEDERATION

Article 71
The jurisdiction of the Russian Federation shall include:
a) the adoption and amendment of the Constitution and federal laws and supervision over compliance with them;
b) the federal structure and territory of the Russian federation;
c) regulation and protection of the rights and liberties of the human being and citizen; citizenship of the Russian Federation; regulation and protection of the rights of national minorities;
d) establishment of the system of federal bodies of legislative, executive and judiciary power, procedure for the organization and activities thereof; formation of federal bodies of state power;
e) federal and state property and management thereof;
f) determining the basic principles of federal policy and federal programs in the field of state structure, the economy, the environment, and the social, cultural and national development of the Russian Federation;
g) establishment of the legal framework for a single market; financial, monetary, credit and customs regulation, emission of money and guidelines for price policy; federal economic services, including federal banks;
h) the federal budget; federal taxes and levies; federal funds of regional development;
i) federal power grids, nuclear energy, fissionable materials; federal transport, railways, information and communications; space activities;
j) foreign policy and international relations of the Russian federation, international treaties of the Russian questions of war and peace;
k) foreign trade relations of the Russian Federation;
l) defense and security; defense production; determining procedures for the sale and purchase of arms, ammunition, military hardware and other equipment; production of fissionable materials, toxic substances, narcotics and procedure for the use thereof;
m) defining the status and protection of the state border, territorial waters, the air space, the exclusive economic zone and the continental shelf of the Russian Federation;
n) law courts; Prosecutor`s Office; criminal, criminal﷓procedural and criminal﷓executive legislation; amnesty and pardon; civil, civil﷓procedural and arbitration﷓procedural legislation; legal
regulation of intellectual property;
o) federal conflict of laws;
p) meteorological service; standards, models, the metric system and time measurement; geodesy and cartography; names of geographical objects; official statistics and accounting;
q) state decorations and honorary titles of the Russian federation;
r) federal state service.

SOUTH AFRICA

Section 44(1)[National legislative authority] : (1) The national legislative authority as vested in Parliament a. confers on the National Assembly the power
i. to amend the Constitution;
ii. to pass legislation with regard to any matter, including a matter within a functional area listed in Schedule 4, but excluding, subject to subsection (2), a matter within a functional area listed in Schedule 5; and
iii. to assign any of its legislative powers, except the power to amend the Constitution, to any legislative body in another sphere of government; and b.(b) confers on the National Council of Provinces the power
i. to participate in amending the Constitution in accordance with section 74;
ii. to pass, in accordance with section 76, legislation with regard to any matter within a functional area listed in Schedule 4 and any other matter required by the Constitution to be passed in accordance with section 76; and
iii. to consider, in accordance with section 75, any other legislation passed by the National Assembly.
(2) Parliament may intervene, by passing legislation in accordance with section 76(1), with regard to a matter falling within a functional area listed in schedule 5, when it is necessary
a. to maintain national security;
b. to maintain economic unity;
c. to maintain essential national standards;
d. to establish minimum standards required for the rendering of services; or
e. to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.
(3) Legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in schedule 4 is, for all purposes, legislation with regard to a matter listed in Schedule 4.
(4) When exercising its legislative authority, Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution.

Schedule 4

Functional Areas of Concurrent National and Provincial Legislative Competence

Part A

Administration of indigenous forests
Agriculture
Airports other than international and national airports
Animal control and diseases
Casinos, racing, gambling and wagering, excluding lotteries and sports pools
Consumer protection
Cultural matters
Disaster management
Education at all levels, excluding tertiary education
Environment
Health services
Housing
Indigenous law and customary law, subject to Chapter 12 of the Constitution
Industrial promotion
Language policy and the regulation of official languages to the extent that the provisions of section 6 of the Constitution expressly confer upon the provincial legislatures legislative competence
Media services directly controlled or provided by the provincial government, subject to section 192
Nature conservation, excluding national parks, national botanical gardens and marine resources
Police to the extent that the provisions of Chapter 11 of the constitution confer upon the provincial legislatures legislative competence
Pollution control
Population development
Property transfer fees
Provincial public enterprises in respect of the functional areas in this
Schedule and Schedule 5
Public transport
Public works only in respect of the needs of provincial government departments in the discharge of their responsibilities to administer functions specifically assigned to them in terms of the Constitution or any other law
Regional planning and development
Road traffic regulation
Soil conservation
Tourism
Trade
Traditional leadership, subject to Chapter 12 of the constitution
Urban and rural development
Vehicle licensing
Welfare services

SWITZERLAND

Article 24 [Environmental Protection]: (1) The Confederation shall legislate for the protection of man and his natural environment against harmful or annoying acts. In particular it shall counter air pollution and noise.
(2) The carrying out of federal provisions shall fall to the cantons, insofar as the law does not limit this to the Confederation.

TOGO

Title V ﷓ The relationship between the Government and the national assembly. Article 83 ﷓ ...
﷓protection and promotion of the environment and conservation of natural resources;
﷓the creation, expansion and reclassification of national parks, animal reserves and classified forests;
﷓preparation, execution and application of plans and national programs for development;

TURKMENISTAN

Article 78: The Cabinet of Ministers:
1) organizes the execution of laws, Presidential acts, and decisions of the People`s Council;
2) takes measures to ensure and defend the rights and freedoms of citizens, and to protect property, social order, and national security;
3) develops and introduces in the People`s Council proposals concerning the basic directions of the government`s domestic and foreign policy activity, and programs for the economic and social development of the country;
4) implements governmental management of economic and social development and ensures the rational use of and protection of natural resources;
5) takes measures to strengthen the monetary and credit systems;
6) in case of necessity, forms committees, bureaus, and other agencies under the auspices of the Cabinet of Ministers.
7) effectuates foreign economic policy and ensures the development of cultural connections with foreign governments;
8) manages the activities of governmental institutions and state enterprises and organizations, and has the right to repeal the acts of ministries and agencies;
9) meets other obligations ascribed by laws and other normative acts to its jurisdiction.

Article 85: The local meetings and organs of territorial civic self﷓government form a system of local self﷓government. The local meetings are representative organs of popular power on the territory of towns, villages, and settlements. They are elected directly by citizens for a term of five years and are not administratively subordinate to each other

Article 86: Within the jurisdiction of local meetings are:
1) determining the basic directions of economic, social, and cultural development of their areas;
2) approving the local budget and the report of its utilization;
3) establishing local taxes and tariffs and the manner of their collection;
4) determining measures for the rational use of natural resources and for nature protection;
5) other issues ascribed to the jurisdiction of local meetings bylaw. Without transgressing their authority, local meetings adopt decisions which must be adhered to in their areas.

UGANDA

Protection and preservation of the environment.

245. Parliament shall, by law, provide for measures intended ﷓ (a) to protect and preserve the environment from abuse, pollution and degradation; (b) to manage the environment for sustainable development; and (c) to promote environmental awareness.

Functions and Services for which Government is responsible.. . . 7. Land, mines, mineral and water resources and the environment. ...

UKRAINE

ARTICLE 85: Powers of the Chamber of Deputies include the following:
1) to give consent for appointment of the Prime﷓Minister of Ukraine by the President of Ukraine;
2) to consider and to adopt a decision on the program of activity of the Cabinet of Ministers of Ukraine;
3) to perform oversight of the activity of the Cabinet of ministers of Ukraine in accordance with the Constitution of Ukraine;
4) to approve the most important state programs of economic, scientific and technical, social and national cultural development, and environmental protection;

UNITED ARAB EMIGRATES

Article 121.
Without prejudice to the stipulations in the preceding Article, the Union shall have exclusive legislative jurisdiction in the following matters:
﷓ Labour relations and social security; immovable property and expropriation for the public welfare; extradition of criminals, banks and insurance of all kinds; protection of agricultural and animal wealth; important legislation relating to penal law; proceedings before the civil and criminal courts; the protection of cultural, technical and industrial property and copyright; printing and publishing; the import of arms and ammunition except for use by the armed forces or the security forces belonging to any Emirate; other aviation matters which are not within the executive jurisdiction of the Union; the delimitation of territorial waters and navigation on the high seas.

UZBEKISTAN

Article 99: Councils of People`s Deputies are the representative organs of power in regions, districts, and cities (except cities subordinate to districts, or districts which are part of cities), are headed by governors, and, proceeding from the interests of the government and citizens, decide issues ascribed to their jurisdiction.

Article 100: Within the jurisdiction of local organs of power are: ensuring the legality, legal order, and security of citizens; issues of the economic, social, and cultural development of the territory; composition and utilization of the local budget, establishing local taxes and tariffs, and composition of extra﷓budgetary funds; managing local public property; protecting the environment; ensuring registration of acts of civic status; adopting normative acts, and other powers not contrary to the constitution and laws of the Republic of Uzbekistan.

Article 101: Local organs of power enact laws of the Republic of Uzbekistan, decrees of the President, and decisions of higher organs of governmental power, as well as managing the operations of lower Councils of People`s Deputies and participating in discussions of issues of republican and local significance. Compliance with decisions of higher organs, adopted within the bounds of their jurisdiction, is obligatory for lower organs. The term of office for a Council of People`s Deputies or governor is five years.

VENEZUELA

Article 136. The following are within the competence of the national Power:
1. The international relations of the Republic;
2. The protection and supreme oversight of the general interests of the Republic, the preservation of the peace, and the just application of the laws throughout the national territory;
3. The flag, coat of arms, hymn, holidays, decorations, and honors of a national character;
4. The naturalization, admission, extradition, and expulsion of foreigners;
5. The identification and national police services;
6. The organization and government of the Federal District and of the Federal Territories and Dependencies;
7. The monetary system and the circulation of foreign currencies;
8. The organization, collection, and control of taxes on income, capital, and estates and gifts; of levies on .imports and for registration and fiscal stamps, and those on the production and consumption of goods which the law reserves in whole or in part to the National Power, such as those on alcohol, liquors, cigarettes, matches, and saltworks; those on mines and hydrocarbons; and all other taxes, excises, and revenues not attributed to the states or Municipalities which the law may create with a national character;
9. The organization and operation of the customs;
10. The operation and administration of mines and hydrocarbons, saltworks, unimproved lands, and oyster pearl beds; and the conservation, development, and utilization of forests, waters, and other natural resources of the country. The National Executive may, in conformity with the law, sell, lease, or make free grants of unimproved lands; but saltworks may not be alienated and mining concession may not be granted for an indefinite period. The law shall establish a system of special appropriations for the benefit of States within whose territory the property mentioned in this numbered paragraph is located, without prejudice to the possibility of it also establishing other special appropriations for the benefit of other States. In all cases these appropriations shall be subject to the standards on coordination provide for in article 229 of this Constitution. Unimproved lands on sea, river, or lake islands may not be alienated, and concessions for their use may be granted only in a manner that does not involve, directly or indirectly, a transfer of the ownership of the land,
11. The organization and mode of operation of the Nation alarmed Forces;
12. The system of weights and measures;
13. The national census and statistics;
14. The establishment, coordination, and unification of technical standards and procedures for engineering, architectural, and urban development works;
15. The execution of public works of national interest;
16. The directives end bases for national education;
17. The technical direction, the establishment of administrative standards, and the coordination of services for protection of public health. The law may provide for the nationalization of these public services in accordance with the collective interest;
18. The conservation and stimulation of agricultural, fishery, and forest production;
19. The promotion of low﷓cost housing;
20. Matters relating to land transportation, to air, maritime, river, and lake navigation, and to wharves and other port works;
21. The opening and maintenance of national means of communication; aerial traction cables and railways, even if located within the boundaries of a State, with the exception of urban streetcars or cable cars, the concession and regulation of which are within the jurisdiction of the respective municipalities;
22. The mails and telecommunications;
23. The administration of justice and the creation, organization, and competence of the courts; the Public Ministry;
24. Legislation regulating the guarantees conferred by this constitution; civil, commercial, criminal, penitentiary and, procedural legislation; legislation on elections; legislation on expropriation by reason of public or social utility, that on public credit; that on intellectual, artistic, and industrial property; agrarian legislation; that on immigration and settlement; that on tourism; that on labor, welfare, and social security; that on animal and plant health; that on notaries and public registers; that on banks and other institutions of credit; that on lotteries, racetracks, and betting in general; and that concerning all matters within the national competence;
25. Any other matter which the present Constitution assigns to the National Power or which pertains to it by its nature or kind.

VIETNAM

ARTICLE 112:

Following are the duties and powers of the Government:
1. To direct the work of the ministries , the organs of ministerial rank and the organs of the Government, the People`s Committees at all levels; to build and consolidate the unified system of the apparatus of state administration from the center to the grassroots; to guide and control the People`s Councils in their implementation of the directives of superior organs of State administration; to create favorable conditions for the people`s Councils to fulfil their duties and exercise their powers as laid down by law; to train, foster, dispose and use State officials and employees ;
2. To ensure the implementation of the Constitution and the law in State organs, economic bodies, social organizations, units of the armed forces, and among citizens ; to organize and direct propaganda and educational work among the people concerning the Constitution and the law ;
3. To present draft laws, decree ﷓ laws and other projects to the National Assembly and its Standing Committee ;
4. To ensure the overall management of the building and development of the national economy; to carry into effect national financial and monetary policies; to manage and ensure the effective use of property in the ownership of the entire people; to promote the development of culture, education, health care, science and technology; to carry out the plan for socio﷓economic development and to give effect to the state budget;
5. To take measures to protect the rights and legitimate interests of the citizen, to create conditions for him to exercise his rights and fulfil his duties, to protect the property and interests of the State and society; to protect the environment;

IV. Environmental Rights and Duties

Angola

Article 24:
(1) All citizens shall have the right to live in a healthy and unpolluted environment.
(2) The State shall take the requisite measures to protect the environment and national species of flora and fauna throughout the national territory and maintain ecological balance.
(3) Acts that damage or directly or indirectly jeopardize conservation of the environment shall be punishable by law.

Argentina

SECOND CHAPTER

New Rights and Guarantees

Article 41. All residents enjoy the right to a healthy, balanced environment which is fit for human development and by which productive activities satisfy current necessities without compromising those of future generations; residents have the duty to preserve the environment. Damaging the environment generates the obligation to repair it, as a priority, in that manner that is established by law.

The authorities provide for protecting this right, for utilizing natural resources rationally, for preserving the natural and cultural patrimony and that of biological diversity, and for providing environmental information and education.

Azerbaijan

Article 39. Right to Life in a Healthy Environment

I. Everyone has the right to live in a healthy environment.

II. Everyone has the right to collect information on the environmental situation and to get compensation for damage rendered to the health and property due to the violation of ecological rights.

Article 78. Environmental Protection

Protection of the environment is the duty of everyone.

Belarus

Article 46 [Environment]
Everyone shall be entitled to a pleasant environment and to compensation for loss or damage caused by the violation of this right.

Article 55 [Environment]
It shall be the duty of everyone to protect the environment.

Belgium

Article 23. Everyone has the right to lead a life worthy of human dignity.
* * * These rights include particularly: * * * 4. The right to the protection of a sound environment;

Benin

Article 27. Every person has the right to a healthy, satisfying and lasting environment and has the duty to defend it. The State shall watch over the protection of the environment.

Brazil

Article 5 [Equality]
* * *
LXXIII. any citizen has standing to institute an action seeking to annul an act to the public property or to property pertaining to an entity in which the State participates, to administrative morality, to the environment, and to historical and cultural monuments, and the plaintiff shall, except in the vent of proven bad faith, be exempt from court costs and from the burden of loss of suit;

* * *

Article 225 [Environment Protection]
(0) All persons are entitled to an ecologically balanced environment, which is an asset for the people`s common use and is essential to healthy life, it being the duty of the Government and of the community to defend and preserve it for present and future generations.
(1) In order to ensure the effectiveness of this right, it is incumbent upon the Government to:
I. preserve and restore essential ecological processes and provide ecological handling of the species and ecosystems;
II. preserve the variety and integrity of Brazil`s genetic wealth and supervise entities engaged in research and handling of genetic material;
III. determine, in all units of the Federation, territorial spaces and components which are to receive special protection, any alteration and suppression only being allowed by means of a law, and any use which adversely affects the integrity of the attributes which justify their
protection being forbidden;
IV. demand, according to the law, for the installation of works or activities which may cause significant degradation of the environment, a prior environment impact study, which shall be made public;
V. control the production, marketing, and use of techniques, methods, and substances which represent a risk to life, to the quality of life, and to the environment;
VI. promote environmental education at all school levels and public awareness of the need to preserve the environment;
VII. protect the fauna and the flora, all practices which jeopardize their ecological function, cause the extinction of species or subject animals to cruelty being forbidden according to the law.
(2) Those who explore mineral resources shall be required to restore the degraded environment according to the technical solution required by the proper government agency, according to the law.
(3) Conduct and activities considered harmful to the environment shall subject the individual or corporate wrongdoers to penal and administrative sanctions, in addition to the obligation to repair the damages caused.
(4) The Brazilian Amazon Forest, the Atlantic Woodlands, the"Serra do Mar", the "Pantanal Mato Grossense" and the Coastline are part of the national wealth, and they shall be used, according to the law, under conditions which ensure preservation of the environment, including the use of natural resources.
(5) Vacant governmental lands or lands seized by the States through discriminatory actions, which are necessary to protect natural ecosystems, are inalienable.
(6) Power plants operated by nuclear reactor shall have their location defined in a federal law and may otherwise not be installed.

Bulgaria

Article 55 [Environment]: Citizens shall have the right to a healthy and favorable environment corresponding to the established standards and norms. They shall protect the environment.

Burkina Faso

Article 29. The right to a healthy environment shall be recognized; the protection , defense and promotion of the environment shall be a duty to all.

Article 30. Every citizen shall have the right to initiate an action or to join a collective action under the form of a petition against these acts:
﷓ harming the public heritage;
﷓ harming the interests of social communities;
﷓ harming the environment or the cultural or artistic heritage.=20

Cameroon

PREAMBLE: * * * every person shall have a right to healthy environment. The protection of the environment shall be the duty of every citizen. The State shall ensure the protection and improvement of the environment; * * *

Cape Verde

Article 70. Environment: (1) Everyone shall have the right to a healthy, ecologically balanced environment, and the duty to defend and conserve it.
Article 82. Duties to the Community: All individuals shall have the duty:
* * * (f) To defend and conserve the environment.

Chechen Republic

Article 34 [] (1) The citizens of Chechen Republic have the right to favorable environment. (2) The damage caused to citizen, his health or property by wrongful actions in the area of nature utilization is liable to compensation.

Chile

Chapter III

Constitutional Rights and Obligations

8. ﷓ The right to live in an environment free from contamination. It is the duty of the State to watch over the protection of this and the preservation of nature. The law may establish specific restriction on the exercise of certain rights or freedoms in order to protect the environment; The law will determine the limits within which basic care for all the people will be free of charge and mandatory.

Colombia

Title I

Concerning Fundamental Principles

Article 49. ﷓ Public health and environmental protection are public services for which the state is responsible. All individuals are guaranteed access to services that promote, protect, and rehabilitate public health.

It is the responsibility of the state to organize, and regulate the delivery of health services and of environmental protection to the population in accordance with the principles of efficiency, universality, and solidarity. Too, to establish policies for the provision of health services by private entities and to exercise oversight and control over then. Similarly, to establish the jurisdiction of the nation, territorial entities, and individuals, and to determine the shares of their responsibilities within the limits and under the conditions determined bylaw. Public health services will be organized in a decentralized manner broken down in accordance with levels of responsibility and with the participation of the community.

Every individual has the right to have access to the integral care of his/her health and that of his/her community

Article 79. ﷓ Every individual has the right to enjoy a healthy environment. The law will guarantee the community`s participation in the decisions that may affect it.

It is the duty of the state to protect the diversity and integrity of the environment, to conserve the areas of special ecological importance, and to foster education for the achievement of these ends.

Chapter 5 ﷓ Concerning Duties and Obligations

8. To protect the country`s cultural and natural resources and to keep watch that a healthy environment is being preserved;

Congo (Brazzaville)

Article 46 [Environment]: Each citizen shall have the right to a healthy, satisfactory, and enduring environment and the duty to defend it. The State shall strive for the protection and the conservation of the environment.

Article 47 [Waste Management, Pollution Compensation]: (1) Storing, manipulating, incinerating, and discharging toxic, polluting or radio﷓active wastes originating in factories and other industrial or artisan units installed on the national territory shall be regulated by law. (2) All pollution resulting from an economic activity shall give compensation for the benefit of the populations of the exploited zones. (3) The law shall determine the nature of compensatory measures and the forms of their execution.

Article 48 [Polluting Liabilities]
(1) The transport, importation, storage, concealment, dumping, in the continental waters and maritime space under the national jurisdiction and including the exclusive economic zone, and dispersal in the airspace, of toxic, polluting, or radioactive wastes or any other dangerous product of a foreign origin shall constitute a crime punishable by law. (2) Any accord relative to these domains shall be prohibited.

Article 65 [Environment]: (1) Every individual shall have the duty to contribute to the improvement of the quality of life and the preservation of his natural milieu as well as to the protection of the environment.
(2) Also, he shall have the duty not to negatively effect his environment nor the well﷓being of his neighbors.

Estonia

Article 53 [Preservation of Human and Natural Environment]: Everyone shall be obligated to preserve human and natural environment and to compensate for damages caused by him or her to the environment. The procedures for compensation shall be determined by law.

Ethiopia

Article 43 The Right to Development
1. The right of the peoples of Ethiopia collectively, or the nations, nationalities and peoples in Ethiopia, individually, to improve their standard of living and to sustainable development is guaranteed.
2. Citizens shall have the right to participate in national development, and in particular, to demand that their opinions be heard on matters of policies and of projects pertaining to the community of which they are members.
3. International agreements entered into or relations formed by the State shall be such as to guarantee the right to the sustainable development of Ethiopia.

Article 44 Right to the Protection of the Environment.
1. Everyone has the right to a clean and healthy environment.

Federal Republic of Yugoslavia

Article 52 []
(1) Man shall be entitled to a healthy environment and timely information about its condition.
(2) It is everyone`s duty to protect the human environment and make use of it in a rational manner.
(3) The state shall be charged with maintaining a healthy human environment and to this end shall prescribe the conditions and manner of the performance of economic and other activities.

Finland

Section 14a [Environment, Cultural Heritage]

(1) Everyone shall be responsible for the natural world and for its diversity, for the environment and for the cultural heritage.
(2) Public authorities shall strive to ensure for everyone the right to a healthy environment as well as the opportunity to influence decision﷓making concerning his living environment.

Gabonese Republic

Fundamental Rights and Principles

8) the State, according to its possibilities, shall guarantee to all, notably to the child, the mother, the handicapped, to aged workers and to the elderly, the protection of health, social security, a preserved natural environment, rest and leisure.

Gambia

Duties of a Citizen
220. (j) protect and conserve the environment of The Gambia.

Georgia

Article 37. * * * 3. Everyone has the right to live in a healthy environment and use natural and cultural surroundings. Everyone is obliged to protect the natural and cultural surroundings.

Ghana

Economic objectives (8) The State shall recognise that ownership and possession of land carry a social obligation to serve the larger community
Social objectives 41. The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen﷓ . . . (k)to protect and safeguard the environment.

Guinea

Title I ﷓ Sovereignty and the State

Article 19. ﷓ They shall have the right to the preservation of their heritage, culture and environment.

Guyana

25. Every citizen has a duty to participate in activities designed to improve the environment and protect the health of the nation.

Haiti

ARTICLE 52﷓1: Civic duties are the citizen`s moral, political, social and economic obligations as a hole to the State and the country. These obligations are:
a. To respect the Constitution and the national emblem;
b. To respect the laws;
c. To vote in elections without constraint;
d. To pay his taxes;
e. To serve on a jury;
f. To defend the country in the event of war;
g. To educate and improve himself;
h. To respect and protect the environment;
i. To respect scrupulously the revenues and properties of the State;
j. To respect the property of others;
k. To work to maintain peace;
l. To provide assistance to persons in danger;
m. To respect the rights and freedom of others.

Hawaii (Indigenous peoples Constitution)

Article I Declaration of Fundamental Rights: Ke Akua has endowed every human being with rights and equal protection with the inherent and inalienable rights that shall not be denied nor infringed upon. Every individual person is born free by nature and is accorded the mutual respect of these rights. Every individual person has the corresponding obligation, duty and responsibility to honor and respect these basic fundamental rights before the law.

Section 1 The Fundamental Rights
(a) The right of everyone to life, liberty and the pursuit of happiness.
(b) The right of everyone to religious freedom and spiritual practices, providing that it does not infringe on anyone`s right to life, liberty and their pursuit to happiness.
(c) The right of everyone to choose one`s nationality.
(d) The right of everyone to liberty of movement and freedom to choose one`s residence.
(e) The right of everyone to be free from discrimination, regardless of race, creed, color,
age, nationality, religion, gender or disability.
(f) The right of everyone to a healthy and sustainable environment.
(g) The right of everyone to a living according to the fruits of their labor.
(h) The right of everyone to work.
(i) The right of everyone to freedom of association.
(j) The right of every citizen to take part in government.
(k) The right of every citizen to vote.
(l) The right of everyone to freedom of speech.
(m) The right of everyone to an education.
(n) The right of everyone to privacy.
(o) The right of everyone to personal property.
(p) The right of everyone to be self﷓sufficient.
(q) The right to a nuclear free and independent Pacific.
(r) The right of everyone to speak the language of their choice.

Honduras

Chapter VII ﷓ Health

Article 145. ﷓ The right to the protection of one`s health is hereby recognized.
. . .
The State shall maintain a satisfactory environment for the protection of everyone`s health.

India

Article 51A Fundamental duties
It shall be the duty of every citizen of India ﷓
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

Korea

Article 35: (1) All citizens shall have the right to a healthy and pleasant environment. The State and all citizens shall endeavour to protect the environment.
(2) The substance of the environmental right shall be determined by law.
(3) The State shall endeavour to ensure comfortable housing for all citizens through housing development policies and the like.

Kyrgyz Republic

Article 35: 1. Citizens of the Kyrgyz Republic shall have the right to a healthy and safe environment and to the indemnification of damage, caused to one`s health or property by the improper use of the nature.
2. Protection of the environment, natural resources and historical monuments shall be a sacred duty of every citizen.

Madagascar

Article 35 [Minority Rights]
(1) The Fokonolona may take appropriate measures to prevent destruction of their environment, loss of their land, seizure of herds of cattle, or loss of their ceremonial heritage, unless these measures jeopardize the common interest or public order.
(2) The coverage and terms of these provisions shall be determined by law.

Article 39 [Environment]: Everyone shall have the duty to respect the environment; the State shall assure its protection.

Mali

Title I ﷓ The Rights and Duties of the Human Person

Article 15: Every person has the right to a healthy environment. The protection, defence and promotion of the environment are an obligation for all and for the State.

Moldova

Article 55. [The protection of the environment and the protection of the monuments]: Each person is obliged to protect the environment, to contribute to the conservation and preservation of the monuments of history and culture.

Mongolia

Article 16 [Citizen`s Rights]: The citizens of Mongolia are enjoying the following rights and freedoms:
1) The right to life. Deprivation of human life is strictly prohibited unless capital punishment as constituted by Mongolian penal law for the most serious crimes is imposed as final decision by a competent court.
2) The right to healthy and safe environment and to be protected against environmental pollution and ecological imbalance.
* * *
Article 17 [Citizen`s Duties]
(1) Citizens of Mongolia, while upholding justice and humanism, shall fulfill in good faith the following basic duties:
1) to respect and abide by the Constitution and other laws;
2) to respect dignity, reputation, rights, and legitimate interests of others;
3) to pay taxes levied by law;
4) to defend the motherland and serve in the army according to law.
(2) It is a sacred duty for every citizen to work, protect his or her health, bring up and educate his or her children and to protect nature and the environment.

Mozambique

Part II Fundamental Rights, Duties and Freedoms ﷓ Chapter I General Principles:
. . .
Article 72. All citizens shall have the right to live in, and the duty to defend, a balanced natural environment.

Niger

Article 27. Each person has the right to a healthy environment. The State shall be charged with protecting the environment.

The stockpiling, moving and evacuation of toxic wastes, whether pollutants from factories or from other industrial or crafts organizations situated on national property, are regulated by law.

The transit, importation, stockpiling, burial, dumping on the national territory of toxic wastes or foreign pollutants as well as any agreement concerning it constitutes a crime against the Nation punishable by law.

Norway

Article 110 b: Every person has a right to an environment that is conducive to health and to natural surroundings whose productivity and diversity are preserved. Natural resources should be made use of on the basis of comprehensive long﷓term considerations whereby this right will
be safeguarded for future generations as well.

In order to safeguard their right in accordance with the foregoing paragraph, citizens are entitled to be informed of the state of the natural environment and of the effects of any encroachments on nature that are planned or commenced.

The State authorities shall issue further provisions for the implementation of these principles.

Papua New Guinea

Basic Social Obligations

We hereby declare that all persons in our country have the following basic obligations to themselves and their descendants, to each other, and to the Nation:﷓

(d) to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations.

Paraguay

Article 7 Right to a Healthy Environment: (1) Everyone has the right to live in a healthy, ecologically balanced environment. (2) The preservation, recovery, and improvement of the environment, as well as efforts to reconcile these goals with comprehensive human development, are priority objectives of social interests. The respective laws and government policies will seek to meet these objectives.

Peru

Concerning Social and Economic Rights:

22. To peace, tranquility, the enjoyment of leisure time, and to rest, as well as to enjoy a harmonious environment adequate for the development of life.

Poland

Article 71: Citizens of the Republic of Poland shall have the right to benefit from the natural environment and it shall be their duty to protect it.

Article 74 []
(1) Public authorities shall pursue policies ensuring the ecological security of current and future generations.
(2) Protection of the environment shall be the duty of public authorities.
(3) Everyone shall have the right to be informed of the quality of the environment and its protection.
(4) Public authorities shall support the activities of citizens to protect and improve the quality of the environment.

Article 86 []: Everyone shall care for the quality of the environment and shall be held responsible for causing its degradation. The principles of such responsibility shall be specified by statute.

Portugal
Article 66 Environment and Quality of Life
(1) Everyone has the right to a healthy and ecologically balanced human environment and the duty to defend it.
(2) It is the duty of the State, acting through appropriate bodies and having recourse to or taking support on popular initiatives, to:
a) Prevent and control pollution, its effects and harmful forms of erosion;
b) Order and promote regional planning aimed at achieving a proper location of activities, a balanced social and economic development, and resulting in biologically balanced landscapes;
c) Create and develop natural reserves and parks and recreation areas and classify and protect landscapes and sites so as to ensure the conservation of nature and the preservation of cultural assets of historical or artistic interest;
d) Promote the rational use of natural resources, safeguarding their capacity for renewal and ecological stability.

Republic of Croatia

Article 69 [Health, Environment, Nature]
(1) Everyone has the right to a healthy life.
(2) The Republic ensures citizens the right to a healthy environment.
(3) Citizens, government, public and economic bodies, and associations are bound, within their powers and activities, to pay special attention to the protection of human health, nature, and the human environment.

Republic of Hungary

Article 18 [Healthy Environment]
The Republic of Hungary recognizes and shall implement the individual`s right to a healthy environment.

Republic of Macedonia

Article 43
(1) Everyone has the right to a healthy environment to live in.
(2) Everyone is obliged to promote and protect the environment.
(3) The Republic provides conditions for the exercise of the right of citizens to a healthy environment.
Romania

Article 41 [Property, Foreigners` Restrictions]
(1) The right of property, as well as the debts incurring on the State are guaranteed. The content and limitations of these rights shall be established by law.
(2) Private property shall be equally protected by law, irrespective of its owner. Foreigners and stateless persons may not acquire the right of property on land.
(3) No one may be expropriated, except on grounds of public utility, established according to the law against just compensation paid in advance.
(4) For projects of general interest, the public authorities are entitled to use the subsoil of any real estate with the obligation to pay compensation to its owner for the damages caused to the soil, plantations, or buildings, as well as for other damages imputable to these authorities.
(5) Compensations provided under Paragraph (3) and (4) shall be agreed upon with the owner, or by the decision of the court when a settlement cannot be reached.
(6) The right of property compels to the observance of duties relating to environmental protection and ensurance of neighborliness, as well as of other duties incumbent upon the owner, in accordance with the law or custom.
(7) Legally acquired assets may not be confiscated. Legality of acquirement shall be presumed.
(8) Any goods in ended for, used or resulting from a criminal or minor offence may be confiscated only in accordance with the provisions of the law.

Russian Federation

Article 36
(1) Citizens and their associations shall have the right to have land in their private ownership.
(2) The possession, use and management of the land and other natural resources shall be freely exercised by their owners provided this does not cause damage to the environment or infringe upon the rights and interests of other persons.
(3) The terms and procedures for the use of land shall be determined on the basis of federal laws.

Article 42: Everyone shall have the right to a favorable environment, reliable information about its condition and to compensation for the damage caused to his or her health or property by ecological violations.

Article 58: Everyone shall be obliged to preserve nature and the environment, and care for natural wealth.

Sao Tome and Principe

Article 48 [Housing and environment]: 1. All have the right to housing and to an environment of human life and the duty to defend it. . . .

Article 49 [Right to health care] . . . 2. In accordance with the National system of Health, it is incumbent upon the State to promote the Public Health which has as objectives the physical and mental well﷓being of the population and their balanced fitting into the socio﷓ecological environment in which they live.

Seychelles

Article 38 [Right to safe environment]: The State recognises the right of every person to live in and enjoy a clean, healthy and ecologically balanced environment and with a view to ensuring the effective realisation of this right the State undertakes ﷓
(a) to take measures to promote the protection, preservation and improvement of the environment;
(b) to ensure a sustainable socio﷓economic development of Seychelles by a judicious use and management of the resources of Seychelle;
{c} to promote public awareness of the need to protect, preserve and improve the environment. . . .

Article 40 [Fundamental duties]: It shall be the duty of every citizen of Seychelles ﷓ *** (e) to protect, preserve and improve the environment.

Slovakia

Article 44
(1) Everyone has the right to an auspicious environment.
(2) Everyone is obliged to protect and enhance the environment and the cultural heritage.
(3) No one must endanger or damage the environment, natural resources, and the cultural heritage beyond the extent established by law.
(4) The state looks after an economical use of natural resources, ecological balance, and effective environmental care.

Article 45: Everyone has the right to timely and complete information about the state of the environment and the causes and consequences of its condition.

South Africa

4. Everyone has the right
a. to an environment that is not harmful to their health or well﷓being; and
b. to have the environment protected, for the benefit of present and future
generations, through reasonable legislative and other measures that
i. prevent pollution and ecological degradation;
ii. promote conservation; and
iii. secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

South Korea

Article 35 [Environment, Housing]: (1) All citizens have the right to a healthy and pleasant environment. The State and all citizens shall endeavor to protect the environment.
(2) The substance of the environmental right is determined bylaw.
(3) The State endeavors to ensure comfortable housing for all citizens through housing development policies and the like.

Slovenia

Article 72 Healthy Living Environment
(1) Each person shall have the right in accordance with statute to a healthy environment in which to live.
(2) The State shall be responsible for such an environment. To this end, the conditions and the manner in which economic and other activities shall take place shall be regulated by statute.
(3) The conditions under which any person damaging the environment shall be obliged to make compensation shall be determined by statute.
(4) The protection of animals from cruelty shall be regulated by statute.

Spain

Article 45 [Environment]: (1) Everyone has the right to enjoy an environment suitable for the development of the person as well as the duty to preserve it.
(2) The public authorities shall concern themselves with the rational use of all natural resources for the purpose of protecting and improving the quality of life and protecting and restoring the environment, supporting themselves on an indispensable collective solidarity.
(3) For those who violate the provisions of the foregoing paragraph, penal or administrative sanctions, as applicable, shall be established and they shall be obliged to repair the damage caused.

Sri Lanka

Article 28 [Fundamental duties]: The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly it is the duty of every person in Sri Lanka
﷓ * * *
(f) to protect nature and conserve its riches.

Sweden

Article 2: (1) Public power shall be exercised with respect for the equal worth of all and for the freedom and dignity of the individual.
(2) The personal, economic and cultural welfare of the individual shall be fundamental aims of public activity. In particular, it shall be incumbent upon the public administration to secure the right to work, housing and education, and to promote social care and social security and a good living environment.
(3) The public administration shall promote the ideals of democracy as guidelines in all sectors of society. The public administration shall guarantee equal rights to men and women and protect the private and family lives of the individual.
(4) Opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own.

Syrian Arab Republic

Part 2. Economic Principles

Article 14. The law regulates ownership, which is of three kinds: (1) Public ownership includes natural resources, public utilities, and nationalized installations and establishments, as well as installations and establishments set up by the state. The state undertakes to exploit and to supervise the administration of this property in the interest of the entire people. It is the duty of the citizens to protect this property.

Tajikistan

Article 38: Each person has the right to health care. This right is ensured through free medical assistance in governmental health care institutions, measures to improve the condition of the environment, formation and development of mass athletics, physical fitness, and other sports. Other forms of medical assistance to be provided are determined by law.

Tanzania

27. ﷓ (1) Everyone has the responsibility of conserving the natural resources of the Union Republic, property under the care of the State and all properties under the jurisdiction of the public, and also to respect the property of others.
(2) Everyone is expected to protect with care properties under care of the State, and of collective nature, to combat all forms of destruction, and to participate in the economic development of the country in an orderly manner as if they are the future decision makers of their nation.

Limitations to rights and freedom, rights and responsibilities.

30. ﷓ (2) (b) to ensure that security, safety of the society, peace of the community, good conduct in the community, community health, development programs in cities and villages, production and utilization of minerals, or development and promotion of resources or any other interests aimed at developing the well being of the public;

Thailand

Section 57. (bis) Every person shall have a duty to conserve natural resources and environment as the law provided.

Togo

Article 41. ﷓ Every person shall have the right to a clean environment.
The State shall oversee the protection of the environment.

Turkey

VIII. Health, the Environment and Housing
A. Health Services and Conservation of the Environment
ARTICLE 56. Everyone has the right to live in a healthy, balanced environment.

It is the duty of the State and the citizens to improve the natural environment, and to prevent environmental pollution.

To ensure that everyone lead their lives in conditions of physical and mental health and to secure cooperation in terms of human and material resources through economy and increased productivity, the State shall regulate central planning and functioning of the health services.

The State shall fulfill this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.

In order to establish widespread health services general health insurance may be introduced by law.

Uganda

Right to a clean and healthy environment.

39. Every Ugandan has a right to a clean and healthy environment.

Ukraine

ARTICLE 45: Every person has the right to a safe and healthy environment, and to compensation for damages resulting from the violation of this right.

The law guarantees every person the right to free access to information on the environmental situation, the quality of food and housing equipment, as well as the dissemination of such information.

ARTICLE 62: No person may damage the environment, cultural heritage, and shall pay compensation for damage caused by him/her.

Uzbekistan

Article 50: Citizens are obligated to treat the natural environment with care.

Article 54: A property owner, at her or his own discretion, owns, uses, and disposes of property belonging to her or him. The use of property may not cause harm to the environment or violate the rights or legally protected interests of citizens, legal persons, or the government,

Vanuatu

Part 2 ﷓ Fundamental Duties
7. (d) to protect the New Hebrides and to safeguard the national wealth, resources and environment in the interests of the present generation and of the future generations;

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