HUMAN RIGHT- BASED APPROACH TO CLIMATE CHANGE MITIGATION IN NIGERIA

Abstract

Climate Change (CC) has significant devastating effects on humans and their environment. However, anecdotal evidence has shown that climate change mitigation (CCM) measures threaten citizen’s human rights globally. Previous studies on CC have focused largely on the Human Right Implications (HRIs) of CCM measures under the Kyoto Protocol, 1997 with less emphasis on the extant international legal regime, the Paris Climate Agreement, 2015. This study, therefore, examined national laws and Nigeria's obligations under the Paris Climate Agreement 2015, with a view to determining the HRIs of their CCM measures. The Sociological Theory provided the framework, while the mixed methods of doctrinal and survey designs were adopted. Adamawa, Lagos, Kogi, Ebonyi, Delta and Sokoto states with the presence of CCM projects were purposively selected. Data were collected using primary and secondary sources. Primary sources included the Constitution of the Federal Republic of Nigeria, 1999; CC Act 2021; the Paris Climate Agreement 2015; Nationally Determined Contributions (NDCs) of Nigeria and that of Norway under the Paris Agreement; African Charter on Human and People’s Right Act, 1983 (African Charter); and case laws. Secondary data included legal texts, journal articles and newspapers. A validated questionnaire on human right-based approach to climate mitigation in Nigeria was randomly administered among civil servants (97), entrepreneurs (123), farmers (58), artisans (43) university lecturers (52) and students (127) across the six states. Key informant interviews were held with staff of the Federal Ministry of Environment (1), Federal Ministry of Petroleum Resources (1), National Environmental Standards and Regulations Enforcement Agency (1) and National Oil Spill Detection and Response Agency (1). Quantitative data were analysed using descriptive statistics, while qualitative data were content analysed. Majority of the respondents (89.8%) were aware of (CC). The severe environmental hazards associated with CC included traffic/congestion (87.6%), air pollution (79.4%), overpopulation (68.4%), river/sea pollution (58.9%), and flooding (50.8%). However, there was low awareness about NDC (4.2%) and its implementation action plans (4.8%). There was also low knowledge of HRIs of CCM measures (13.0%). The CCM measures did not protect rights to health (49.9%), shelter (42.1%), life (51.0%), property (40.7%), development (44.3%), food (40.6%), inequalities (45.4%), participatory and consultative rights (19.8%) and vulnerable minority (48.4%). There was no right-based legal framework to mitigate the effects of climate change. The implementation of the NDC has provoked some unintended violation of both substantive and procedural human rights, such as access to information, participation and access to justice. Victims of human rights violation induced by CCM measures relied on Article 24 of the African Charter, which prioritises development over environmental protection, to seek redress in court. Public participation and human rights were not fully embedded in the NDC and its sectorial Implementation Action Plans in Nigeria, compared to Norway that had mainstreamed human rights in her revised NDC and climate change mitigation action plans. Climate change mitigation laws and commitments in Nigeria gloss over human rights implications. Therefore, Nigeria should revise its nationally determined contribution and promote a climate change mitigation that supports human rights and public participation.