Climate Change and Socio-Economic Rights Duties in Nigeria (original) (raw)

The Climate Change and Human Rights Nexus in Africa

People in Sub-Saharan Africa are particularly vulnerable to the consequences of climate change because of a variety of factors, including poverty and the intensity of the effects of climate change on people whose livelihoods still largely depend on the land. The outcome is gross violations of human rights among the people of Africa. This study examines the link between climate change and human rights from an African perspective. It explores the international framework protecting the human rights of people severely affected by climate change in order to determine to what extent it adequately protects these rights. Drawing on examples from Zimbabwe, Nigeria and countries involved in armed conflict, the authors argue that African governments have responsibilities to protect fundamental human rights in the context of climate change. Recommendations are offered on how human rights can be more effectively protected in the era of climate change.

Climate change, human rights and the response of the African human rights system: focus on the African commission and the court on human and peoples’ rights

Kampala International University Law Journal (KIULJ) Volume 4, Issue 2 (2022), 2022

The article argues that the response of the African Human Rights System (AHRS) to climate change is inadequate due to some identified shortcomings and the Commission and the Courts can enhance climate activism by adopting some innovative measures. Drawing on relevant primary and secondary data, the article underscores the suitability of a human rights-based approach to fighting climate change with a focus on the measures that the Commission and the Courts can adopt in order to enhance the response of the AHRS to climate change. A key recommendation is that the limitations that weaken the response of the AHRS to climate change should be dealt with through some innovative measures that can be adopted by the Commission and the Court.

Legal Challenges of Imposing a Governmental Duty of Care for Adaptive Responses to Climate Change in the Global South: A Case Study of Nigeria

International journal of sustainable energy development, 2022

Our research study focuses on exploring the challenges of adopting Governmental Duty of Care as a legal framework for adaptive responses to Climate Change with special focus on the Global South using Nigeria as a case study. Although a global issue, minimising the impact of Climate Change requires domestic or national adaptive measures which requires a different approach from mitigation, hence a National Project Development and Implementation Framework in conjunction with International Environmental Agreements is desired. In comparison to the Global North, it seems that the Global South is lacking the political will to carry out their international environmental obligations. As citizens are no longer content with government inertia, holding these government accountable through the imposition a duty of care through litigation or as a consequence of ratifying international environmental agreements is a legal framework this research proposes. However, this approach is fraught with legal complexities, some of which this paper will highlight.

The Impacts of Climate Change on Human Rights in Africa

This article explores the complex relationship between human rights law and climate change. The study further examines how climate change can affect human rights, while also considering how climate change can create barriers to the enjoyment of these rights. Through a comprehensive analysis of the literature and real-world case studies, the article provides a nuanced understanding of how climate change can impact human rights and offers recommendations for policymakers seeking to balance the interests of inventors and society as a whole.

Climate Change Adaptation Mechanism for Sustainable Development Goal 1 in Nigeria: Legal Imperative

Springer eBooks, 2021

Despite international efforts on poverty reduction in the last decade, poverty is rampant in many countries including Nigeria. Poverty remains a principal challenge for development in twenty-first century and a threat to achievement of Sustainable Development Goal (SDG) 1, which is a global attempt, among others, to end poverty by 2030. Meanwhile, 13 out of the 15 countries where extreme poverty is rising are in Africa. According to the World Poverty Clock, Nigeria, by 2018, had the largest extreme poverty population of 86.9 million, thus making the people vulnerable to malnutrition, armed conflict, migration, and other socioeconomic and environmental shocks. Whereas these impacts are exacerbated by climate change (CC), unfortunately, Nigeria's adaptation efforts are inadequate due to certain impediments. The chapter finds that Nigeria lacks the CC law to properly regulate institutional and policy interventions to impacts of CC. It argues that although adaptation as opposed to mitigation is interim, yet integrating adaptation measures into Sustainable Development (SD) framework and poverty reduction strategies is a potent means of addressing CC impacts on the poor and achieve SDG1 target. The chapter therefore recommends the establishment of CC

Climate Change and Human Rights

Development, 2008

Introduction 2 Connecting Climate Change and Human Rights 2 Environmental Rights and Climate Change Claims 3 Bridging the Normative Gap in the International System 5 Examples from State, Subnational and Corporate Climate Change Policies 9 Conclusion 9 Works Cited 12 About CIGI 12 CIGI Masthead CIGI PAPERS NO.-NOVEMBER 2015 IV • CENTRE FOR INTERNATIONAL GOVERNANCE INNOVATION ABOUT THE AUTHOR Basil Ugochukwu is a post-doctoral fellow with CIGI's ILRP. His research at CIGI focuses on how legal reasoning in environmental cases supports or displaces the efforts to link environmental practices to corporate social responsibility.

A Human Rights Based Approach to Climate Change

This thesis researches if human rights law can be the foundation of a legal framework to stop climate change. First, it is proved that climate change meets the definition of Hardin’s ‘tragedy of the commons’: a common resource is exploited without a regulatory framework that prevents overexploitation. The atmosphere is a common resource that suffers from overexploitation due to the emissions of greenhouse gases by human activities. This causes climate change. Only a regulatory framework that entails all the subjects that are responsible for this overexploitation can avoid a tragedy commons such as climate change. The attempts made in the past to create an effective global regulatory framework have failed. There are clear linkages between climate change and human rights. Climate change interferes with the enjoyment of several human rights. Both civil and political rights and economic, social and cultural rights are under pressure due to climate change. For that reason, it is justified to research if international human rights law can be the foundation of a global regulatory framework to stop climate change. Human rights law could be a basis to force states and non-state actors to lower their greenhouse gas emissions and avoid the tragedy of the commons of climate change. Environmental human rights jurisprudence has developed procedural and substantive standards and requires states to regulate private actors. This is derived from economic, social and cultural rights and from civil and political rights. However, this jurisprudence is in the context of environmental problems within one state. If these principles were to be applied to a global problem such as climate change, the duties arising out of human rights must be extended extraterritorially. The duties arising from civil and political rights are not easily translated in extraterritorial obligations. However, the duties arising out of economic, social and cultural rights can be extended extraterritorially using the ‘duty to cooperate’. The duty to cooperate makes it possible to apply the standards developed in environmental human rights jurisprudence to the global problem of climate change. It requires states to work together to solve climate change. This can found the regulatory framework to avoid the tragedy of the commons of climate change in international human rights law. Using the duty to cooperate proves to be a legitimate option to come to a human rights based approach to climate change.

Nigeria's Climate Change Act, conditional and unconditional nationally determined contributions, and the principle of common but differentiated responsibilities

2024

The commitments outlined in Nigeria's Nationally Determined Contribution (NDC) are crucial for fulfilling the country's obligations under the Paris Agreement. The updated NDC reaffirms the Nigerian government's pledge to achieve a 20 per cent unconditional reduction and a 47 per cent conditional reduction in greenhouse gas emissions by 2030. To implement these commitments nationally, the Nigerian government enacted the Climate Change Act of Nigeria in 2021. However, the Climate Change Act does not explicitly incorporate the 20 per cent unconditional and 47 per cent conditional reduction targets from Nigeria's NDC. This article examines the implications of the Climate Change Act not directly recognizing these NDC targets and explores the legal status of NDCs at the national level. The assessment reveals that, despite the absence of explicit recognition in the Climate Change Act, the Nigerian government is legally obligated to achieve 20 per cent unconditional emission reduction by 2030. This is because the 20 per cent unconditional obligation is grounded in the principle of Common but Differentiated Responsibility (CBDR). Conversely, the Nigerian government does not have a legally binding obligation to the 47 per cent conditional emission reduction targets, as achieving this reduction depends on international support.

Equity and Justice in Climate Change Adaptation: Policy and Practical Implication in Nigeria

Springer eBooks, 2021

Over the past decade, justice and equity have become a quasi-universal answer to problems of environmental governance. The principles of justice and equity emerged as a useful entry point in global governance to explore the responsibilities, distribution, and procedures required for just climate change adaptation. These principles are designed primarily through the establishment of funding mechanisms, top-down guides, and frameworks for adaptation, and other adaptation instruments from the UNFCCC process, to ensure effective adaptation This chapter was previously published non-open access with exclusive rights reserved by the Publisher. It has been changed retrospectively to open access under a CC BY 4.0 license and the copyright holder is "The Author(s)". For further details, please see the license information at the end of the chapter.