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:ncmaduekwe@yahoo.co.uk
TABLE OF CONTENTS
ABBREVIATIONS ................................................................................................................. iii 1.0 2.0 3.0 INTRODUCTION .......................................................................................................... 1 BACKGROUND STUDY
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.
*
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:ncmaduekwe@yahoo.co.uk
TABLE OF CONTENTS
ABBREVIATIONS ................................................................................................................. iii 1.0 2.0 3.0 INTRODUCTION .......................................................................................................... 1 BACKGROUND STUDY
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