Enforcement Of Human Rights Norms In Environmental Protection In Nigeria

ABSTRACT

This research work examined the enforceability of human rights norms  in environmental protection. And critically reviews the functionality of human rights law in environmental protection and how it can be made to drive enforceability in order to reduce the impact of environmental stressors. The work treats the legal literature and theory of Environmental law and Human rights –and  factors  of  enforcement  of human rights law in Nigeria .It establishes that several theories have emerged, and a plethora of them have considered environmental human rights to  be those  rights that are within the realm of non- derogablerights. Making reference to the impact of international law stressors such as sovereignty, requirement of municipal ratification with particular reference to section 12  of 1999 Constitution of   the Federal Republic   of Nigeria as amended and the conservative and narrow  interpretations  of  human rights law provisions that stress the enforceability of human rights norms in environmental protection, the paper surveys and  maintains  a  well-  balanced assessment of specific instruments such as, in the global setting, the United Nations Declaration on the Right to Development (1986), the United Nations Charter (1945)”, among others; and in the regional setting, the African Charter on Human and Peoples Rights (1981) as domesticated in Nigeria by Cap.10 LFN 1983 and  subsequently by Cap A9 LFN 2004 among others, and significantly, the Fundamental Rights(Enforcement Procedure) Rules (2009) and the 1999 Constitution of the Federal Republic of Nigeria as amended, including their  policy consciousness,  functionality and limitations. The key question that needs an answer is whether and to what extent Nigerian law guarantees applicability of human rights norms in environmental protection? In an attempt to answer this question, weexamined the extent to which domestic laws reflect the aspirations of globalenvironmental norms and means  by which they are structured. The problem is settled with an answer to a fundamentalquestion. First, to what level of enforceability are the policies emanating from these non- derogable laws, directly and  practically implemented  and  applicable in Nigeria? This study therefore discovers that even with the applicability of African Charter on Human and Peoples Rightsamongst other associated lawswhich have been enhanced by the provisions of the  Fundamental  Rights  (Enforcement  Procedure) Rules  (2009), compliance to, and      enforcement of environmental rights in Nigeria remains challenging

TABLE OF CONTENTS

Title Page – – – – – – – – i

Certification – – – – – – – – ii
Dedication – – – – – – – – iii
Acknowledgments – – – – – – – – iv
Table of Contents – – – – – – – v
Table of Cases – – – – – – – vii
Table of Legal Instruments – – – – – – – x
Table of Abbreviations – – – – – – – xxi
Abstract – – – – – – – – xxv
CHAPTER ONE: GENERAL INTRODUCTION
Background of the Study – – – – – – 1
Statement of Problem – – – – – – 2
Aims and Objectives of Study – – – – – 3
Scope and Limitation of Study – – – – – 4
Research Methodology – – – – – 4
Research Questions – – – – – 4
Literature Review – – – – – – – 5
CHAPTER TWO: CONCEPTUAL DISCOURSE
Meaning of Human Rights – – – – – – 15
Origin and Nature of Human Rights – – – – – 18
Characteristics of Human Rights – – – – – 23
Generation of Human Rights – – – – – – 24
Derogable and Non Derogable Rights – – – – 31
Notion of Human Rights Standards – – – – – 33
Concept of Environment – – – – – 34
Nature and scope of Environmental Law – – – – 36
Concept of Enforcement 43
Concept of Environmental Protection- – – – 50
Concept of Environmental Rights – – – – – 57
CHAPTER THREE: ANALYSIS OF LEGAL FOUNDATION FOR ENVIRONMENTAL RIGHTS
Evolution of Environmental Rights – – – – – 56
Right to life and to a safe and Healthy Environment – – – 73
Right of Access to Environmental Information – – – 77
Right to Participation in Environmental Decision making – – 79
Right of Access to Environmental Justice and Remedies – – 80
Right to Development – – 84

CHAPTER FOUR:ISSUES, CHALLENGES AND PROSPECTS IN THE ENFORCEMENT OF ENVIRONMENTAL RIGHTS IN NIGERIA

4.1 Issues Relating to Justiciability and Judicial Attitude – – 87
4.2 Challenges in the Enforcement of Environmental Rights – – 89
4.3 Prospects – – 93

CHAPTER FIVE: FINDINGS RECOMMENDATIONSAND CONCLUSIONS
5.1 Findings – – – – – – – 103
5.2 Recommendations – – – – – – – 104
5.3 Conclusions – – – – – – – – 105
Bibliography – – – – – – – – 107