Eghosa Ekhator, ‘Environmental Justice in the Global South: Overview of some Contemporary Developments’. Human Rights Centre (HRC) Guest Speaker Series: Sustainability, Environment, Law, and Rights. Organised by the Human Rights Centre and University of Essex Law School, 15 June 2023, 2023
Environmental justice is a new paradigm for achieving healthy and sustainable environment or comm... more Environmental justice is a new paradigm for achieving healthy and sustainable environment or communities and it is a culmination of more than 500 years of struggle by people of colour in the USA to achieve this (Ekhator 2014). Historically, environmental justice emerged as a counter measure to the discontent and inherent racism entrenched in government policies in the Deep South of the USA in the 1960s and 1970s. The significance of the doctrine varies depending on the context or the country in focus (Ekhator 2017). However, it is now applied to a widening spectrum of serious social concerns, particularly those related to communities that suffer from social inequity attributed to environmental inequalities (Ako 2009). The environmental justice doctrine has flourished and it has spread to all corners of the world, especially areas with a history of environmental abuse or degradation. Countries to which the doctrine has diffused include Nigeria, South Africa, and India, amongst others.
This presentation focuses on the environmental justice paradigm in the Global South and highlights some of the recent trends and developments in this sphere. Some of the issues that will be in focus in this presentation include the conceptualisation of environmental justice doctrine from Global South perspectives, role of sub-regional and regional courts/mechanisms in the promotion of environmental justice, collaboration between western-based NGOs and NGOs in the Global South, the utility of the right to environment as one of the strategies of promoting environmental justice in the Global South and the role of environmental justice paradigm in the conceptualisation of climate litigation jurisprudence in the Global South.
Thus, in essence, this presentation argues that ‘from its origins in grassroots activism and engaged sociological scholarship, primarily in the USA, environmental justice research has generated what is now a vast, multi-disciplinary literature encompassing a wide range of issues and politics’ in the Global South (Holifield, Chakraborty & Walker 2017).
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This presentation focuses on the environmental justice paradigm in the Global South and highlights some of the recent trends and developments in this sphere. Some of the issues that will be in focus in this presentation include the conceptualisation of environmental justice doctrine from Global South perspectives, role of sub-regional and regional courts/mechanisms in the promotion of environmental justice, collaboration between western-based NGOs and NGOs in the Global South, the utility of the right to environment as one of the strategies of promoting environmental justice in the Global South and the role of environmental justice paradigm in the conceptualisation of climate litigation jurisprudence in the Global South.
Thus, in essence, this presentation argues that ‘from its origins in grassroots activism and engaged sociological scholarship, primarily in the USA, environmental justice research has generated what is now a vast, multi-disciplinary literature encompassing a wide range of issues and politics’ in the Global South (Holifield, Chakraborty & Walker 2017).
This chapter relies on climate justice as its analytical lens. Climate justice which is an offshoot of the environmental justice paradigm can be used to improve access to justice and protect climate change victims in Nigeria. The chapter also highlights some of the recent reforms or initiatives by the Nigerian government in improving climate justice in the country. This chapter discusses the potential of climate change litigation in Nigeria as one of the strategies that can be used in ventilating climate justice issues in the country.
The chapter concludes by recommending some practical reform measures framed from the environmental justice paradigm that could be used to address the challenges associated with natural resource conflicts in Africa. Drawing lessons from Nigeria, this chapter can be useful to other African countries as well. To achieve this, a lesson-learned approach is important. This requires broad discussions of the key reforms necessary using Nigeria as an example.
other hand, there is plethora of sub-regional institutions that have been relied upon by victims of environmental injustices arising from activities of MNCs in Africa. This article focuses on the reliance on sub-regional judiciaries in Africa by different stakeholders including oil producing communities, individuals, and other relevant
stakeholders amongst others. The Economic Community of West African States (ECOWAS) Court of Justice (ECCJ) is used as the case-study in this article. Non-governmental organisations (NGOs) in Nigeria have also relied on the Economic Community of West African States (ECOWAS) Court of Justice (ECCJ) to seek redress for victims of environmental injustice in Nigeria.
The focus of this paper is how these two strategic tools interact and how they can be used to, enhance creativity, and further accelerate the drive towards energy transition and therefore more sustainable sources of energy.
world, it has been reported that older persons have suffered acute
hardship and fatalities more than any other age group. According to the
World Health Organisation the fatality rate among older persons is five
times the global average, and the United Nations has predicted that the
mortality rate could climb even higher. The situation is aggravated on
the African continent as a result of a shortage of medical personnel and
other resources, as well as inadequate palliative measures to address the
issues around the pandemic. Despite the provisions in the African Charter
on Human and Peoples’ Rights and the Protocol to the African Charter
on the Rights of Older Persons in Africa which seek to provide some
safety nets, many of these senior citizens continue to suffer untold socio-economic hardship. Adopting an analytical and doctrinal methodology, this article examines the Protocol, the International Covenant on
Economic, Social and Cultural Rights and several United Nations
policy documents aimed at realising the socio-economic rights of older
persons. The article finds that there is a lack of political commitment to
operationalise the provisions of the Protocol, as evinced by the limited
number of countries that have ratified it since its adoption in 2016.
It comparatively engages with the provisions of the Inter-American
Convention on the Rights of Older Persons to argue that, beyond the
normative framing of these rights in Africa, there is a need for deliberate
and genuine commitment by governments in Africa, if the rights are to
be realised. The article advocates international, regional and national
cooperation and calls for a more liberal judicial approach, to ensure that
the Protocol’s ‘paperisation’ of the rights of older persons does not lead
or continue to lead to their pauperisation.
This presentation focuses on the environmental justice paradigm in the Global South and highlights some of the recent trends and developments in this sphere. Some of the issues that will be in focus in this presentation include the conceptualisation of environmental justice doctrine from Global South perspectives, role of sub-regional and regional courts/mechanisms in the promotion of environmental justice, collaboration between western-based NGOs and NGOs in the Global South, the utility of the right to environment as one of the strategies of promoting environmental justice in the Global South and the role of environmental justice paradigm in the conceptualisation of climate litigation jurisprudence in the Global South.
Thus, in essence, this presentation argues that ‘from its origins in grassroots activism and engaged sociological scholarship, primarily in the USA, environmental justice research has generated what is now a vast, multi-disciplinary literature encompassing a wide range of issues and politics’ in the Global South (Holifield, Chakraborty & Walker 2017).
This chapter relies on climate justice as its analytical lens. Climate justice which is an offshoot of the environmental justice paradigm can be used to improve access to justice and protect climate change victims in Nigeria. The chapter also highlights some of the recent reforms or initiatives by the Nigerian government in improving climate justice in the country. This chapter discusses the potential of climate change litigation in Nigeria as one of the strategies that can be used in ventilating climate justice issues in the country.
The chapter concludes by recommending some practical reform measures framed from the environmental justice paradigm that could be used to address the challenges associated with natural resource conflicts in Africa. Drawing lessons from Nigeria, this chapter can be useful to other African countries as well. To achieve this, a lesson-learned approach is important. This requires broad discussions of the key reforms necessary using Nigeria as an example.
other hand, there is plethora of sub-regional institutions that have been relied upon by victims of environmental injustices arising from activities of MNCs in Africa. This article focuses on the reliance on sub-regional judiciaries in Africa by different stakeholders including oil producing communities, individuals, and other relevant
stakeholders amongst others. The Economic Community of West African States (ECOWAS) Court of Justice (ECCJ) is used as the case-study in this article. Non-governmental organisations (NGOs) in Nigeria have also relied on the Economic Community of West African States (ECOWAS) Court of Justice (ECCJ) to seek redress for victims of environmental injustice in Nigeria.
The focus of this paper is how these two strategic tools interact and how they can be used to, enhance creativity, and further accelerate the drive towards energy transition and therefore more sustainable sources of energy.
world, it has been reported that older persons have suffered acute
hardship and fatalities more than any other age group. According to the
World Health Organisation the fatality rate among older persons is five
times the global average, and the United Nations has predicted that the
mortality rate could climb even higher. The situation is aggravated on
the African continent as a result of a shortage of medical personnel and
other resources, as well as inadequate palliative measures to address the
issues around the pandemic. Despite the provisions in the African Charter
on Human and Peoples’ Rights and the Protocol to the African Charter
on the Rights of Older Persons in Africa which seek to provide some
safety nets, many of these senior citizens continue to suffer untold socio-economic hardship. Adopting an analytical and doctrinal methodology, this article examines the Protocol, the International Covenant on
Economic, Social and Cultural Rights and several United Nations
policy documents aimed at realising the socio-economic rights of older
persons. The article finds that there is a lack of political commitment to
operationalise the provisions of the Protocol, as evinced by the limited
number of countries that have ratified it since its adoption in 2016.
It comparatively engages with the provisions of the Inter-American
Convention on the Rights of Older Persons to argue that, beyond the
normative framing of these rights in Africa, there is a need for deliberate
and genuine commitment by governments in Africa, if the rights are to
be realised. The article advocates international, regional and national
cooperation and calls for a more liberal judicial approach, to ensure that
the Protocol’s ‘paperisation’ of the rights of older persons does not lead
or continue to lead to their pauperisation.
This presentation focuses on the environmental justice paradigm in the Global South and highlights some of the recent trends and developments in this sphere. Some of the issues that will be in focus in this presentation include the conceptualisation of environmental justice doctrine from Global South perspectives, role of sub-regional and regional courts/mechanisms in the promotion of environmental justice, collaboration between western-based NGOs and NGOs in the Global South, the utility of the right to environment as one of the strategies of promoting environmental justice in the Global South and the role of environmental justice paradigm in the conceptualisation of climate litigation jurisprudence in the Global South.
Thus, in essence, this presentation argues that ‘from its origins in grassroots activism and engaged sociological scholarship, primarily in the USA, environmental justice research has generated what is now a vast, multi-disciplinary literature encompassing a wide range of issues and politics’ in the Global South (Holifield, Chakraborty & Walker 2017).
This paper will discuss some of the wholly indigenous trading devices or mechanisms that related to commercial trading in precolonial era in Africa. This paper contends that precolonial Africans and foreign traders engaged in trading activities in Africa akin to lex mercatoria in Europe notwithstanding that there was no explicit reference to the concept of lex mercatoria in that era in Africa. Thus, many African societies engaged in foreign or international trade throughout history, and I have termed these international trading interactions in precolonial African societies as ‘Lex Mercatoria Africana’.
This paper will argue that because of the institutional failures of the Nigerian state in the area of corruption, recourse to the ‘traditional’ oath taking akin to the variant used in customary law/arbitration cases amongst natives in corruption cases might be the solution.