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CHAPTER ONE

GENERAL INTRODUCTION

 1.1 Background of the Research

The importance of observing human rights in any legal system and its significance cannot be overemphasized. Notably, one of the lessons of globalization and the new international economic order is the increasing awareness that the enforcement of human rights is a cornerstone in the realization of sustainable development, nationally and internationally. To this end, looking at the concept and nature of sustainable development, and what it professes, the importance of a legal system lies not only in ensuring civil liberties but in addition creating a viable environment where economic development and social equity can be enjoyed.

Nigeria has ratified plethora of human rights treaties that seek to set globally applied standards. Some of these standards, especially in recent times are not limited to civil liberty domain rather they serve as prelude to the realization of both socio-economic, cultural and solidarity rights which make room for the realization of sustainable development . These rights in essence form the new international economic and legal order and thus emerges the concept of sustainable development which “environmental law’’ seeks to promote.

Within the context of environmental law however, are the ontological and historical dimensions. These dimensions depict a mother-child correlation or evolution theory. It is established that human rights of the second and third generations which of course, are developed from that of the first generation, all as reminiscent of natural law, are now being codified with minimum standards. These standards areraised by international law and made tangible by municipal law. Thus, emerges the consciousness that there are environmental rights, such as the right to a clean and healthy environment, the right to development, the right to participate in the developmental and approval process, the right to environmental information, the right to compensation and the right of access to justice. They are however, the corollaries of the right to life.

In addition to this development, in 2012, the United Nations Environment

Programme (UNEP) and the United Nations Office of the High Commissioner for

Human Rights (OHCHR) have strengthened their collaboration in the field of the nexus between human rights and environmental protection during the United Nations conference on sustainable development. In the same year, the United

Nations Human Rights Council as part of its special procedures appointed an Independent Expert on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment and appointed Professor Knox to this position. In line with his appointment as an Independent Expert and as a part of his obligation, in 2014, at the regional level, a consultation was made by the Independent Expert on the constitution of environmental rights at Johannesburg, South Africa. The consultation was convened by the United Nations Independent

Expert on human rights and environment and the United Nations Environment Programme(UNEP) and the legal Resource Centre (LPC).

This studytherefore analyzes the standard of observation of environmental rights in Nigeria, and challenges of enforceability in order to develop animproved legal framework for applicability of environmental rights in Nigeria. We would seek to determine to what extent Nigerian legal system implements and enforces these natural law rights.

1.2 Statement of Problem

There has been much concern by Nigerian citizens and advocacy groups who have raised issues and cast aspersion on the environmental impasseand thereaction of people towards corporate attitude in curbing environmental hazards resulting from industrial activities.A recent report by the United Nations EnvironmentProgramme (UNEP) on the pollution of environment in the Niger-Delta area of Nigeria, as well as the serial conflicts between host communities, federal agencies and the industrial community, illustrates a lucid account of human rights problems in relation to environmental protection. This looms large in the oil and gas industry . In addition, the Report by the United States Department of States (2006) indicates that Nigeria has had a very alarming human rights violation record. The report listed amongst others, environmental related human rights violation.

The impact of environmental degradation on humans and how such impact constitutes violation of human rights has since been established. The US Department Report did also state that human rights conditions in Nigeria and the control measure are below the minimum standards of universal norms particularly that of International Bill of Rights, including the African Charter on Human and Peoples Rights . Unfortunately, the access to justice in environmental litigation in Nigeria is not applauded. Reasons being that the enforcement of environmental rights is faced with challenges of establishing the linkage between human rights and environmental protection, procedural and technical problems caused by judicial attitude among other associated problems.The problem of enforceability ofenvironmental rights posed by lack of knowledge of environmentalrights norms is indeed, a problem which this paper aspires to solve.

Several theories and jurisprudence have considered environmental rights among the rights that fall within the domain of non-derogable law. It is undeniable that hazards posed by environmental degradation constitute one of the most heinous human rights violations and it is dimensional. Itcenters within the web of environmental crisis. Our crucial findings arethat environmental rightsnorms in Nigeria need a reform to function effectively and legislative and judicial actions are needed to introduce and activate such reform.

1.3 Objectives of Study

The objectives of the present study are:

• To examine the enforceability of human rights norms in environmental protection in Nigeria.

• To identify international human rights standards and the complementary municipal laws in Nigeria.

• To identify domestic mechanisms for upholding the enforcement of environmental rights

• To appraise the effectiveness of domestic mechanisms with a view to making recommendations which include enforcement mechanisms of the rights so identified.

1.4 Scope and Limitation of Study

This study on human rights standards is not a general work on human rights. It strictly focuses on the subject matter of enforceability of human rights norms in environmental protection in Nigeria. This work therefore critically researches and evaluates environmental rights. It does not deal with the rights of everybody who finds oneself embroiled in the criminal justice system. Accordingly, the subjects of “accused person’s rights” and “protection of witnesses” are not part of this work. It does not also cover the work of private initiatives and contributions of non- governmental organizations. Another area that this work does not also cover is the human rights institutions such as the National Human Rights Commission and the oversight role of the National Assembly and States Assemblies. These areas need further research.

1.5 Research Methodology

We adopted a doctrinal research methodology for this research. The study therefore placed huge reliance on secondary source materials namely: case laws, textbooks, journal articles, conference papers, internet and other legal literature were utilized.

1.6 Research Questions

1. What is the ontological nature as well as the nexus of human rights and the environment?

2. To what extent does Nigerian law guarantee the enforceability of human rights norms in environmental protection?

3. To what level of enforceability arethe rules emanating from human rights norms in environmental protection directly and practically enforceable in Nigeria?

4. To what extent can human rights norms be used to enhance the advancement of environmental human rights in Nigeria?

1.7 Literature Review

Human rights and environmental protection have been extensively discussed in existing literature, from both international and domestic legal perspectives.

DanfebboDerrihas identified that in some jurisdictions environmental matters such as oil and gas pollution are strictly regarded as human rights matters and are treated as such. But referring to Section 6(6) (c) of the 1999 Constitution of Nigeria, he pointedly emphasizes that such matters in Nigeria are merely considered as objectives of government and are non-justiciable .Danfebbo’s argument is one sided because he failed to mention the fact that the Fundamental Rights (Enforcement Procedure Rules) 2009 together with the African Charter have created access to justice in environmental litigation. In other words, he should have paid less attention to section 6 (6) (c) of the 1999 Constitution which restricts access to justice.