Energy Studies

THE CONCEPT OF ENVIRONMENTAL RIGHTS AS HUMAN RIGHTS: VIEWED THROUGH THE NAURU AND NIGER DELTA EXPERIENCE

Nkiruka Chidia Maduekwe

ABSTRACT: The issue of environmental degradation and its resultant hazards in the lives of the community where the exploration, production and transportation of natural resources take place has become a global concern and has been linked to the violation of human rights. Even though the idea of environmental protection is expressed in most National Constitutions, it is seen as a State duty and not a fundamental right. Using the environmental degradation experienced by Nauru and Nigeria’s Niger Delta, the paper seeks to state that the concept of Environmental Rights is a Human Right and should be recognized as a fundamental right. Environmental human rights are rights that are inherent in a human being, simply because he/she is human. It is indivisible, interrelated and interdependent with other human rights. Its violation is tantamount to the violation of other human rights. It cannot be derogated from neither is it a privilege, it is a right. Until Environmental Rights are seen in this light, the violation of this right will continue and MNCs and State Governments would have no cause to desist from the activities which are harmful to the environment and in turn, the people.

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The author was called to the Nigerian Bar in 2008. She is presently rounding up her LL.M in Environmental Law & Policy and MSc. in International Oil & Gas Management at the CEPMLP, University of Dundee. She is a member of the Nigerian Bar Association, Society Petroleum of Engineers, and the Energy Institute. Email:[e-mail]

TABLE OF CONTENTS

ABBREVIATIONS ................................................................................................................. iii 1.0 2.0 3.0 INTRODUCTION .......................................................................................................... 1 BACKGROUND STUDY

Bibliography: SECONDARY SOURCES Books Hayward, T., Constitutional Environmental Rights. (New York: Oxford University Press Inc., 2005) OTHER Internet Sources Campbell, G., No Amount of Crying Extinguishes a Single Flare in Niger Delta. www.waado.org/NigerDelta/Essays/.../Flares_Campbell.html. (last visited on 31 July 2009) 1992 Conference of Rio de Janeiro on Environment and Development. http://www.unep.org/Documents.multilingual/Default.asp?DocumentID=78&ArticleID=1163 . (last visited on 31 July 2009). Friends of the Earth International, Environmental Rights are Human Rights http://www.foei.org/en/get-involved/take-action/environmental-rights/environmental-rightsare-human-rights. (last visited on 28 July, 2009) Gabriel, A.O.I., Women in the Niger Delta: Environmental Issues and challenges in the third Millennium. http://www.jsdafrica.com/Jsda/Fall2004/women%20in%20the%20niger%20delta.pdf. (last visited on 31 July 2009) Harish N. Salve, PIL: A New Arrow in the Quiver of A Constitutional Court, Halsbury‟s Law Monthly, http://www.halsburys.in/have-your-say.html. (last visited on 29 July 2009) IUCN, Water and Human Rights http://data.iucn.org/dbtwwpd/html/EPLP_051_water_human_right/AppendixII.html. (last visited on 29 July 2009) Nwilo, P.C, Olusegun, T.B, Impacts and Management of Oil Spill Pollution along the Nigerian Coastal Areas. http://www.fig.net/pub/figpub/pub36/chapters/chapter_8.pdf. (last visited on 31 July 2009) Nazzal, M., Nauru: an Environment Destroyed and International http://www.lawanddevelopment.org/docs/nauru.pdf. (last visited on 31 July 2009) TED Case Studies: Phosphate Mining in http://www1.american.edu/TED/NAURU.htm. (last visited on 28 July 2009) Law. Nauru United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities Human Rights and the Environment: Final Report Prepared by Mrs. Fatima Zohra Ksentini, Special Rapporteur (e/cw.4/Sub.2/1994/9). http://www.austlii.edu.au/au/journals/AILR/1996/98.html. (last visited on 31 July 2009) 13 United Nations Human Rights, OHCHR http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx. (last visited on 28 July 2009) Office of the High Commissioner on Human Rights, http://www.unhchr.ch/environment/index.html. (last visited on 31 July 2009). World Policy Institute, http://www.worldpolicy.org/projects/globalrights/ecoindex.html. (last visited on 28 July, 2009). 14