This paper sets out to consider all the alternatives for the enforcement of the environmental right, bringing into focus the various human right instruments both at the international and regional level.
The constant degradation and pollution of the environment has stimulated both at the international and national level concerns as to its effect on the natural resources, wild life and human life. It has in fact been considered as the fourth generational right in the generational matrix due to the rising global issues of conversion of natural resources and safeguard of the environment. At the international scale, the United Nation in its sustainable development growth program has incorporated these environmental issues as part of its goals; climate action (Goal 13); life below water (Goal 14); life on land (Goal 15). At the regional and national level, environmental rights have been incorporated in the African charter and the 1999 constitution of Nigeria, respectively. The vagueness of these provisions have made its realization slim in view of the difficulty the court would be faced with interpreting such provisions in line with the prevalent situations in Nigeria. This paper seeks to look at the provisions of international, regional, and national human right instruments that guarantees the right to a clean and healthy environment and how they can be applied to enforce such right in Nigeria.
Table of Contents
1. Introduction
2. Environmental Right and International Law
3. Environmental Right at the Regional Level
4. Environmental Right in Nigeria
5. Environmental Right in Other Jurisdictions
6. Conclusion
Objectives and Core Themes
This paper examines the legal frameworks at international, regional, and national levels that guarantee the right to a clean and healthy environment, with a specific focus on the challenges of enforcing these rights within the Nigerian legal system despite constitutional limitations.
- Analysis of international human rights instruments in the context of environmental protection.
- Evaluation of the African Charter on Human and Peoples' Rights as a tool for domestic environmental litigation.
- Investigation of the non-justiciability of Section 20 of the 1999 Nigerian Constitution.
- Review of judicial activism as a mechanism to integrate environmental rights into the right to life.
- Comparative study of environmental right enforcement in jurisdictions like South Africa, India, and the Philippines.
Excerpt from the Publication
1. Introduction
The need for a clean and healthy environment has been preached by nearly all NGO's in Nigeria as they seek to influence the implementation of the SDGs. The laws which are to achieve the guarantee of such right appears lifeless especially the provision that guarantees the right under Chapter 2 of the constitution which has been made non-justiciable by s.6(6)(c) of the constitution. How then would citizens be able to enforce the right to clean and healthy environment in view that the constitution has oust the jurisdiction of the court to entertain the matter? African charter has also been considered as an instrument to be used for the enforcement of the right to a healthy environment by virtue of its ratification and domestication into Nigerian legal frame work. As aptly put by Usman, "The mere existence of a law seeking to protect the environment does not automatically translate into environmental protection. Some laws are honoured more in breach than in compliance. For a law seeking to protect the environment to actually do so, it must be one that enjoys enforcement in the law courts through the instrumentality of litigation. If there's no such mechanism then the law, not minding how comprehensive and well coached it is, is nothing but a paper tiger."
This paper sets out to consider all the alternatives for the enforcement of the environmental right bringing into focus the various human right instruments both at the international and regional level.
Summary of Chapters
1. Introduction: Discusses the motivation for the paper, highlighting the struggle between the identified need for environmental protection and the non-justiciable nature of such provisions in the Nigerian Constitution.
2. Environmental Right and International Law: Examines how global institutions shifted focus toward sustainable development and how international human rights covenants are interpreted to include environmental hygiene and safety.
3. Environmental Right at the Regional Level: Analyzes the utility of the African Charter on Human and Peoples' Rights in Nigerian courts, citing the success of cases like the SERAP v. Federal Republic of Nigeria.
4. Environmental Right in Nigeria: Investigates the specific constitutional challenges in Nigeria and highlights how judicial activism in cases like Jonah Gbemre v. Shell helps bridge the gap between policy and enforcement.
5. Environmental Right in Other Jurisdictions: Provides a comparative outlook, looking at how countries like India, South Africa, and the Philippines successfully interpret environmental rights through constitutional clauses and judicial mandates.
6. Conclusion: Summarizes the necessity of a holistic approach to human rights, emphasizing that environmental protection is a prerequisite for the enjoyment of basic human rights.
Keywords
Environmental Protection, Nigeria, Human Rights, African Charter, Constitutional Law, Sustainable Development, Litigation, Judicial Activism, Right to Life, Pollution, Justiciability, International Law, Environmental Justice, Ogoni People, Human Rights Instruments
Frequently Asked Questions
What is the fundamental focus of this publication?
The paper focuses on the legal challenges and enforcement mechanisms regarding the right to a clean and healthy environment, particularly within the context of Nigerian law.
What are the central themes explored in the work?
Key themes include the non-justiciability of constitutional environmental provisions, the role of international treaties, and the effectiveness of judicial activism in protecting human rights.
What is the primary research objective?
The primary objective is to analyze how international and regional human rights instruments can be utilized to enforce the right to a clean and healthy environment in Nigeria.
Which scientific or legal methodologies are applied?
The author employs a legal-analytical method, reviewing constitutional provisions, international covenants, and past case law to determine current enforcement capabilities.
What is covered in the main body of the text?
The main body details the evolution of environmental rights from international charters to specific national applications, including an analysis of landmark cases in Nigeria and abroad.
Which keywords best describe this research?
Key terms include Environmental Protection, Nigeria, Human Rights, Judicial Activism, and Constitutional Law.
How does the author interpret the Nigerian Constitution regarding environmental rights?
The author argues that while Section 20 of the Constitution is non-justiciable, courts can and should interpret Chapter 4 rights (such as the right to life) to include environmental protection.
What role does the African Charter play in this argument?
The African Charter is presented as a vital legal instrument because, once domesticated, it provides Nigerian courts with a jurisdictional basis to enforce environmental rights that might otherwise be blocked by domestic constitutional limitations.
What does the author mean by the term "paper tiger"?
The author uses this term to describe laws that look comprehensive on paper but fail to provide real protection because they lack enforcement mechanisms and reliance on litigation.
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- Joel Odili (Autor:in), 2018, Environmental protection in Nigeria. A human rights approach, München, GRIN Verlag, https://www.grin.com/document/1137463
