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The Legal Roadmap for Environmental Sustainability in Africa: Expansive Participatory Rights and International Environmental Justice

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The Legal Roadmap for Environmental Sustainability in Africa: Expansive Participatory Rights and International Environmental Justice Pace University DigitalCommons@Pace Dissertations & Theses School of Law 1-2012 The Legal Roadmap for Environmental Sustainability in Africa: Expansive Participatory Rights and International Environmental Justice Alali Tamuno Pace University School of Law Follow this and additional works at: https://digitalcommons.pace.edu/lawdissertations Part of the Comparative and Foreign Law Commons, and the Environmental Law Commons Recommended Citation Alali Tamuno, The Legal Roadmap for Environmental Sustainability in Africa: Expansive Participatory Rights and International Environmental Justice (Jan. 2012) (S.J.D. dissertation, Pace University School of Law), available at http://digitalcommons.pace.edu/lawdissertations/9/. This Dissertation is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Dissertations & Theses by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. The Legal Roadmap for Environmental Sustainability in Africa Expansive Participatory Rights and International Environmental Justice Doctor of Juridical Science (S.J.D.) in Environmental Law Degree S.J.D. Dissertation Under the Supervision of Professor Ann Powers January 2012 © Alali M. Tamuno, 2012 Dedication I dedicate this work to all the men, women, youth and children in the Niger Delta Region of Nigeria, especially the people of Rivers State, who are disproportionately burdened by environmental contamination, particularly “oil and gas pollution,” in Nigeria. I also dedicate this work to the memory of my late dear friends, Anita Balogun (nee Simkaiye) and Bala Halilu. i Acknowledgements Words cannot express my heartfelt gratitude and thanks to my parents, Prof. and Mrs. Tekena N. Tamuno, for their unwavering support, prayers, and encouragement throughout my study. I am especially grateful to my father for obtaining a difficult to find report in Nigeria that was an important part of my research. My most sincere thanks and appreciation go to my sister Ibirobo Adekola for her steady support and assistance throughout this study, especially for finding and sending me research materials from Nigeria. I am especially grateful to my aunt, Dr. Chris A. Tamuno and brother, Ene Tamuno, for distributing this study’s questionnaire on environmental procedural rights in Nigeria, which was a critical element of my work. I couldn’t pursue this doctoral work without the understanding and support of Femi who had to endure many unappetizing meals, unimpressive or sometimes no holiday celebrations, and a mother who barely had time for decent conversations. To Boma Tamuno and Abimbola Jr., thank you for your support and understanding. To my colleagues, chain of command, and staff at the New York State Department of Environmental Conservation (“DEC”), especially staff in the White Plains, New York Office, I thank you all for your support and encouragement throughout my study. I am especially grateful to my colleague, Rosalie Rusinko, for her practical help, support, and encouragement. John Burrows and Edith Bain in the DEC’s headquarters in Albany deserve special mention for their willingness at sometimes very short notice to resolve personnel and administrative issues. I am especially thankful to the former General Counsel of the DEC, Alison Crocker, Assistant Counsel Benjamin ii Conlon, and former Assistant Counsel Michael Lesser for their unwavering support and understanding throughout my study. I am grateful to Ben for reminding me to “work faster” on those occasions when I got discouraged with the pace of my work. To Pace University School of Law staff and students, especially former and current SJD candidates, you were a source of inspiration to me. I am deeply appreciative of the support and assistance I got from Prof. Ann Powers and Prof. Nicholas Robinson. I thank you both for your willingness to listen, offer advice, and to help me focus on the key elements of my research. To Dean Shulman I am grateful for your support, assistance and advice throughout this study. I am grateful to Deborah Zipf for your willingness to assist in every aspect of my work. To the Library staff I thank you for all your assistance throughout my study. Prof. Newman, Cynthia Pittson, and Vicky Gannon, deserve special thanks for all the support and assistance you gave me. I extend my sincere thanks and appreciation to the Rivers State government, Governor of Rivers State, Nigeria, Right Honorable Rotimi Amaechi, and Retired Rear Admiral O.P. Fingesi for supporting my research. To all my friends too numerous to mention, I thank you for all your prayers, support and understanding. Most importantly, this academic pursuit would not have been possible but for the Grace of God. I thank the Lord for giving me the strength to undertake this doctoral study, especially during those times when the reading, writing, and sleepless nights were beginning to take a physical and mental toll on me. He was my anchor and pillar of support throughout this study and in all things. iii Table of Contents Title Page Dedication i Acknowledgements ii Table of Contents iv List of Selected Abbreviations and Acronyms ix Chapter One: Expansive Participatory Environmental Rights and International Environmental Justice: Introduction 1-24 1.1 Background 1 1.2 Statement of the Problem 11 1.3 Research Thesis 13 1.4 Purpose of the Study 16 1.5 Importance of the Study 17 1.6 Delimitations 18 1.7 Research Methodology 19 1.8 Structure of the Study 19 1.9 Definitions of Key Terms 20 Chapter Two: Nigeria: The “Giant of Africa”? 25-47 2.1 Country Narrative 25 2.2 Environmental Legal and Policy Framework 29 2.2.1 The Nigerian Constitution 32 2.2.2 Policies and Plans 36 2.2.3 Laws, Regulations and Institutions 38 iv 2.3 Religion and Environmental Sustainability 42 Conclusion 46 Chapter Three: Environmental Rights: The International and Regional Legal Framework 48-105 3.1 Introduction 49 3.2 The International and Regional Legal Regimes for Environmental Human Rights: Substantive Rights 54 3.2.1 Charter of the United Nations and Legally Binding International Human Rights Instruments 56 3.2.2 Non-Legally Binding International Documents: Human Rights, Environment and Development 63 3.2.3 Constitutive Act of the African Union, Legally Binding and Non-Legally Binding Human Rights Instruments in Africa 70 3.3 Participatory Rights: International and Regional Legal Regimes 77 3.3.1 Charter of the United Nations, Legally Binding and Non-Legally Binding International Human Rights Documents 78 3.3.2 The African Region: Constitutive Act of the African Union, Legally Binding and Non-Legally Binding Instruments on Human Rights and Development 82 3.3.3 Procedural Environmental Rights and International Environmental Instruments 87 3.3.3.1 Legally Binding Instruments 88 3.3.3.2 Non-Legally Binding Instruments 95 3.3.4 The African Region: Procedural Environmental Rights and Regional Environmental Instruments 99 Conclusion 104 v Chapter Four: Education for Environmental Sustainability 106-136 4.1 Introduction 106 4.2 International Human Rights Instruments and General Education 110 4.3 Environmental Education: UNESCO Instruments and Initiatives 111 4.4 Nigeria and UNESCO Documents 117 4.5 The African Region: Environmental Education and Human Rights Instruments 120 4.5.1 Nigeria: Environmental Education and Human Rights Law 122 4.6 Anti-Corruption Laws and Measures 122 4.6.1 The Global Anti-Corruption Legal Regime and International Initiatives 123 4.6.2 Regional Anti-Corruption Instruments 125 4.6.2.1 Nigeria: Anti-Corruption Legal and Institutional System 128 4.6.2.2 Botswana: Anti-Corruption Legal and Institutional Arrangements 131 4.6.3 Civil Society and Anti-Corruption Instruments 134 Conclusion 135 Chapter Five: International Environmental Justice and Water Justice 137-173 5.1 Environmental Justice: An Introduction 137 5.2 Legal Foundations for International Environmental Justice 141 5.2.1 Legally Binding International Environmental Instruments 142 5.2.2 Non-Legally Binding International Instruments: Human Rights, Economic and Social Development and the Environment 149 5.3 Water Justice for All: International and Regional Legal Foundations 154 5.4 Nigeria: The Right to Know about Chemical Water Pollution 159 vi Background 160 Issue 168 Recommendation 169 Conclusion 172 Chapter Six: Nigeria: The “Law of Public Participation in Environmental Matters” 174-204 6.1 Introduction 174 6.2 Participatory Environmental Rights and Duties: An Overview of International, Regional, National and Provincial Models 177 6.3 Nigeria: National Legislation, Regulations and Policies for Procedural Environmental Rights and Duties: “Is the Glass Half Empty or Half Full”? 181 6.3.1 The 1999 National Constitution 181 6.3.2 National Policy Documents and Plans 183 6.3.3 Laws and Regulations 185 6.3.3.1 Human Rights Law 188 6.3.3.2 Environmental Laws and Regulations 189 6.3.3.2.1 The EIA Legal System 195 6.3.3.2.1.1 EIA Report: “The Proposed Dredging of the Lower Niger Waterway” 200 Conclusion 204 Chapter 7: Conclusion 205-249 7.1 Verify the Hypothesis 205 7.2 Recap of Earlier Findings 210 7.3 Recommendation: Develop a Legal Roadmap for Environmental Sustainability in Africa 211 7.3.1 Protect and Promote a Right of Access to Broad Environmental Education to Combat Climate Change 212 vii 7.3.2 Recognize and Emphasize the Important Role of Religion in Motivating People to be Actively Involved in Safeguarding and Improving the Environment 213 7.3.3 Ensure Widespread
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