Event Title
Location
Room 302
Start Date
3-7-2012 2:40 PM
End Date
3-7-2012 4:20 PM
Description
The legal framework regulating Nigeria’s oil industry is one of the major drivers of disputes and the consequent violent conflicts in the oil-rich Niger Delta region. The region has gone through different phases of peaceful and violent struggles as the indigenes of the region aim to achieve environmental justice. The amnesty initiative; the latest attempt to curb the militancy in the region that escalated the violence to new heights, is showing signs of systemic failure after a brief period of relative peace. Militancy in the region has begun to increase as attacks on oil facilities and installations are once again becoming regular occurrences. The reasons for this state of affairs are not far-fetched. They include the government’s failure to address the amnesty initiative holistically especially the prompt review of the legal framework that regulates the oil industry.
That notwithstanding, this paper argues that the recent laws and regulations - particularly Constitutional provision and the Fundamental Rights (Enforcement Procedure) Rules, (FREP) 2009 - have made significant contributions to the oil industry’s regulatory framework. Together; precipitated by Nigeria’s maturing democracy, the Constitutional provisions and FREP rules have opened a new vista of opportunities to achieve environmental justice in the oil-rich but poverty stricken region. In a nutshell, these provisions have overcome some extant laws that limited the jurisdiction of the courts to determine oil-related land appropriation and compensation issues as well as simplified the hitherto confusing application of locus standi rules. Indeed, other issues germane to the ownership and management of oil and land remain outstanding. It is posited that recourse may be had to the newly created United Nations Indigenous Peoples Partnership (UNIPP) to promote dialogue between the State and Niger Delta region in accordance with its primary aim that is to enable indigenous peoples fully participate in governance and policy processes at the local and national levels, including conflict prevention in regard to ancestral land and use of natural resources (TOR UNIPP 2010). It is posited that these avenues if explored better serve the cause of justice while limiting recourse to militancy and its attendant negative impacts on the sustainable development of the region’s inhabitants and resources.
Presentation
Included in
Environmental Justice in Nigeria's Oil Industry: Recognizing and Embracing Contemporary Legal Developments
Room 302
The legal framework regulating Nigeria’s oil industry is one of the major drivers of disputes and the consequent violent conflicts in the oil-rich Niger Delta region. The region has gone through different phases of peaceful and violent struggles as the indigenes of the region aim to achieve environmental justice. The amnesty initiative; the latest attempt to curb the militancy in the region that escalated the violence to new heights, is showing signs of systemic failure after a brief period of relative peace. Militancy in the region has begun to increase as attacks on oil facilities and installations are once again becoming regular occurrences. The reasons for this state of affairs are not far-fetched. They include the government’s failure to address the amnesty initiative holistically especially the prompt review of the legal framework that regulates the oil industry.
That notwithstanding, this paper argues that the recent laws and regulations - particularly Constitutional provision and the Fundamental Rights (Enforcement Procedure) Rules, (FREP) 2009 - have made significant contributions to the oil industry’s regulatory framework. Together; precipitated by Nigeria’s maturing democracy, the Constitutional provisions and FREP rules have opened a new vista of opportunities to achieve environmental justice in the oil-rich but poverty stricken region. In a nutshell, these provisions have overcome some extant laws that limited the jurisdiction of the courts to determine oil-related land appropriation and compensation issues as well as simplified the hitherto confusing application of locus standi rules. Indeed, other issues germane to the ownership and management of oil and land remain outstanding. It is posited that recourse may be had to the newly created United Nations Indigenous Peoples Partnership (UNIPP) to promote dialogue between the State and Niger Delta region in accordance with its primary aim that is to enable indigenous peoples fully participate in governance and policy processes at the local and national levels, including conflict prevention in regard to ancestral land and use of natural resources (TOR UNIPP 2010). It is posited that these avenues if explored better serve the cause of justice while limiting recourse to militancy and its attendant negative impacts on the sustainable development of the region’s inhabitants and resources.