OPENING
The program started at exactly 11:30
am with an opening prayer said by Okosun Sophia. Thereafter, there was an introduction
of guest to the high table by the M.C; Alake Enade Cadmus (the environmentalist
campaigner in chief).
The unit coordinator in person of
Titigbe Onyeka Venath gave his opening remarks after introduction by every participant.
He gave an highlight of what we should expect from the forum. The forum is to
build our capacity as youth for us to be better leaders of tomorrow. He urged
every one to participate fully both in questions and comments as there are
resource person to handle them. It is also important that we impact others
after our training today to ensure a sustainable society, said the coordinator.
SEAN
PRE-TEST
After the introduction, there was a
pre-test for all participants. A questionnaire with questions likes “what are
the strategies of SEAN...?” “What are the challenges of SEAN…?” “How long have
u being a member…?” etc.
Evaluation
About 70% agreed that SEAN is a
platform for youth advocacy with activities like
- Research
- Seminars,
workshop
- Field
trip/ excursion
While about 75% were able to identify
the challenges facing SEAN as
- Lack
of funds
- Low
publicity
- Unseriousness
in part of members
- Variation
in academic calendar/ ASUU strike
OPENING
REMARK BY MR. BENIN
RICHARD (FACILITATOR)
Rights based approaches offers new
perspectives and solutions to traditional development projects. This issues
hopes to offer practical ideas and inspirations to civil society organizations
and individuals wanting to apply this approach in their day to day work.
Human right based approaches to
environment have come to represent a system and a movement, which addresses
environmental concerns with considerable strength and legitimacy
internationally and domestically. Despite growing campaigns, orientations and
enlightenment on earth today, individuals and governments however continue to
inflict unimaginable damage to the environment in various ways.
Consequently, we have come to
recognize the destruction being perpetrated on the environment as VIOLATION.
Private individuals, institutions, communities, Government and the
international community need to face up to the challenge of combating the root
causes of this devastation. Hence the Human Rights Base Approach to Environment
becomes relevant.
As a concept, HRBAE ensures the
meaningful and systematic inclusion and empowerment of individuals’ or
institutions that are willing. It is very promising. However, the approach
still needs to be nurtured by practical experiences in order to sharpen its
edge. Thus in the cause of this training exercise, we will be able to learn
more.
Presentation
1
HUMAN
RIGHTS BASED APPROACH TO ENVIRONMENTAL PROTECTION BY BARR. NOSA TOKUNBOR
FACILITATED BY MR RICHARD BENIN
Human
Right commonly understood as “in alienable” is based in the philosophy that an
individual possess human rights simply because he or she is a human being. Thus
some of these rights referred to be “in alienable rights”. Means that “a set of
human rights that “a set of human rights that are fundamental, are not awarded
by human power and cannot be surrendered.
The
world wars and the huge losses of life and gross abuses of human rights that
took place during that time, were a driving force behind the development of
modern human rights instruments.
First was the League of Nations
established in 1919 at the negotiations over the treaty of Versailles following the end of the World War
1.
The league’s goals included
disarmament, preventing war through collective security, settling disputes
between countries through negotiation and diplomacy, and improving global
welfare. Enshrined in its charter was a mandate to promote many of the rights
later included in the universal declaration of Human Rights.
At the 1945 Yaeta conference, the
allied powers agreed to create a new body to supplant the league’s role this was
to be the United Nations. Following the world wars, the United Nations and its
members developed much of the discourse and the bodies of law that now make up
international humanitarian law and international human rights law.
In the aftermath of the atrocities of World
War II there was increased concern in the social and legal protection of human
rights as fundamental freedoms.
THE
EVOLUTION OF HUMAN RIGHTS APPROACHES TO ENVIRONMENTAL PROTECTION IN NIGERIA
INTERNATIONAL
INSTRUMENTS AND REGIONAL COURTS
There
abound a number of international and regional instruments providing for right
to a healthy environment. The U.N charter 1945 marked the beginning of modern
international human rights, whereas the Stockholm declaration is generally seen
as the starting point of a rights based approach to environmental protection.
The
links between human rights, health and environmental protection were from the
first international conference on the human environment held in Stockholm in 1972. At the
Stockholm concluding session, the participants proclaimed that;
‘Man
is both creature and moulder of his environment, which gives him physical
sustenance and affords him the opportunity for intellectual, moral, social and
spiritual growth…
Both aspect of man’s environment, the
natural and man – made, are essential to his well – being and to the enjoyment
of basic human rights even the right to life itself.
Principle 1 of the Stockholm
Declaration declares that:
“Man
has the fundamental right to freedom, equality and adequate conditions of life,
in an environment of quality that permits a life of dignity and well – being,
and he bears a solemn responsibility to protect and improve the environment for
present and future generations”.
Note however that environmental rights
are often expressed through non – binding instrument; the international courts
have made a remarkable study to acknowledge this rights.
The
three – regional courts on human rights are, namely:
The European Court on Human Rights, the
American Court of Human Rights and African
Court on Human and People’s Rights. The judgments
of the regional courts have shown the link between human rights and the
environment. Thus, the European Court of Human Rights in the case of Lopez
Ostra V. Spain upheld article 8 of the European convention for the Protection
of Human Rights and Fundamental Freedoms which states that “Everyone has the
right to respect for his private and family life, his home and his
correspondence”. The court held that the kingdom of Spain
had been in breach of Article 8 of the convention.
In
similar vein, the Inter – American court of Human Rights acknowledged the
linkage between human rights and the environment. The court held in the case of
Awas Tingnin community V. Nicaragua that logging of forestlands owned by the
Anvas Tingni community constituted a violation of their human rights.
The African charter on Human and
Peoples Right (also known as Banjul Rights) is unique because of its provision
of explicit right of people to an environment favourable to the development.
In
an important legal opinion, the African Commission on Human and Peoples’ Rights
in communication 155/96. The centre for Economic and Social Rights V. Nigeria
ruled that the Ogoni community has suffered violations of their rights to health
(Article 16) and to a general satisfactory environment favourable to
development (Article 24) due to the Nigeria government’s failure to prevent
pollution from oil exploration in the community and ecological degradation of
their lands. More importantly, the court held that the right to a satisfactory
environment under the charter can be invoked in Nigeria
domestic courts since the charter has been incorporated into Nigeria domestic law.
REGULATORY
FRAMEWORK FOR ENVIRONMENTAL
PROTECTION IN NIGERIA
The
development of environmental regulation in Nigeria was hurried in 1988 by the
KOKO incident that occurred in the country.
CONSTITUTION OF THE FEDERAL REPUBLIC
OF NIGERIA
(1999)
The
constitution, as the national legal order, recognizes the importance of improving
and protecting the environment and makes provision for it.
However, the constitution of Nigeria does
not grant and express right to a healthy, clean environment.
Relevant
section
Section 20 which makes in an objective
of the Nigeria state to
improve and protect the air, land, water, forest and wildlife of Nigeria.
The right provided under this section
is not justiciable, meaning that if cannot be relied upon by an aggrieved
person in a count of law. This is made clear in 6(6) (c) which states:
The judicial power rested in
accordance with the foregoing provisions of this section: (c) shall not except
as otherwise provided by this constitution, extend to any issue or question as
to whether any act or omission by an judicial decision is in conformation with
the fundamental objectives and directs principle of state policy set out in
chapter I of this constitution.
Thus by this provision of section 6
(6) (c), no court in Nigeria
is allowed to venture in to the question as to whether any activities within Nigerian
territories amount to environmental degradation.
The constitution of Nigeria does
not expressly provide for a right to a clear environment.
Section 12, establishes, though impliedly,
that international treaties (including environmental treaties) ratified by the
national assembly should be implemented as law in Nigeria.
Section 33 and 34 which guarantees
fundamental human right to life and human dignity respectively has also being
agreed to be linked to the used for a healthy and safe environment to give
these rights effect.
APPLICABLE
LAWS ON THE ENVIRONMENT
The laws applicable to the environment
have varying thrusts and subject areas.
Ø
Several
of these laws establish standards on various issues of environmental
protection.
Ø
Several
others create agencies and departments for the regulation and enforcement of
environmental laws and so on.
Ø
The
laws on the environment also range from federal laws, for example, the
constitution of federal republic
of Nigeria, to state laws
and local government bye laws.
Ø
There
are also regional laws on the environment applicable in the Africa
region.
Ø
Environmental
issues are also regulated by international laws conventions, protocols, and
declarations.
Ø
The
Environment laws of other countries also give opportunity for comparism.
He concluded by saying that “knowing
your rights is fighting for your rights, he urged every one to stand up for
their rights”.
Presentation 2
WHY
THE ADVOCACY FOR ENVIRONMENTAL JUSTICE? BY Ubrei-Joe M. Mariere
INTRODUCTION
This morning a theory came to my mind
as a way of introducing this concept. I am an environmental scientist by
profession and environmentalist by practice. I want to tell you that
environmentalist is better than environmental scientist in the field of
environmental activism. Environmentalist will believe in the concept of HRBA,
but environmental scientist will dispute it. Capacity building, Restructuring
of governance to bring a proper linkage between Rights Holders and duty Bearers
and Advocacy are the component of HRBA. Advocacy is not the business of
environmental scientist but the use of mathematical theories, in solving
environmental problems. I am on the belief that the HRBA approach is not
achievable without the element of advocacy. I want to at this point address the
question raised before me. Why the advocacy for environmental justice?
WHAT
IS ADVOCACY?
Advocacy can mean many things, but in
general, it refers to taking action. Advocacy simply involves speaking and
acting on behalf of yourself or others that seek for help. Advocacy often
involves challenging systems or organizations that are are not willing to
change.
There
are several types of action that a person can take
Self-advocacy, Peer advocacy, Systems
advocacy and Legal advocacy:
Why
advocacy?
No one knows as much about you and
what you think, feel and need as you do. If you do not tell people who have the
authority to make decisions about a situation that you are unhappy with, then
they will assume everything is all right. By speaking out you may find that you
are not alone. By refusing to be silent, you may lead the way to Changes that
affect a lot of people. Speaking out is a big step towards keeping your
self-respect and dignity. Even If you do not get what you want. Advocacy is
aimed at bringing change or reform. Advocacy challenges services, systems and
the broader community to respond genuinely to meet the expressed requirements
or needs of people Active advocacy will inevitably empower people in their
everyday lives.
Advocating
and promoting the needs of your community can:
Open doors to participation, Right
wrongs, Change the balance of power, Address injustice, Improve services and Alter
attitudes and values.
HOW
TO START
Identify
the Issue You Want To Address
Pollution, Corruption, Human Rights
Violation, Oppression, Poverty, Discrimination and Hunger e.t.c.
·
Identify your intended Audience
Government, General public, Youth and
International Corporations
·
Choose the method you want to use to
convey the message
Letters, Emails, Postors. Media, Rallies,
Meetings.
·
Planning
Ø
Set
a Goal,
Ø
Decides
activities and set implementation Date,
Ø
Develop
a communication plans, Identify obstacles,
Ø
Identify
your supporters
·
Tricks of the Trade
Ø
Be
polite, Never make up answers, Build trust around your supporters, Patience, Unity
Ø
Building
an advocacy effort
Ø
Good
impression. Be direct and specific, Start small, Keep records, collaborate,
Learn from the past and Capacity Building.
QUALITY
OF A GOOD ADVOCATE
Listening, Being aware of your body
language, Connecting feelings with behaviours, Expressing your feelings,
Avoiding ,Character Assassination or absolutes, Giving alternate behaviours,
Learning to say no, Learning to avoid manipulation, Learning to see how others
evade your assertive requests and Be positive.
REWARD
OF ADVOCACY
Ø
Being
able to influence other decision-makers such as health arid social service providers and
family members.
Ø
Conserving
personal time and energy.
Ø
Learning
new techniques to improve your people skills.
Ø
Knowing
the difference between what you can and cannot change.
TECHNIQUES
OF NEGOTIATION IN ADVOCACY
Ø
Ask
the person why he or she has said no to your request. and ask him or her to
write the reason down for you on paper.
Ø
Ask
the person what advice he or she would give you to achieve the solution you
want.
Ø
Ask
the person what solution he or she would recommend as an alternative.
Ø
If
this alternative is acceptable, ask him or her when you can expect it to happen
and ask him or her to write the solution and date it is expected to happen down
for you.
Ø
If
you disagree with the solution, tell the person your own ideas If the other
person disagrees with your ideas
Ø
Ask
what are your best and worst case scenarios, and aim for the area in between
during negotiations. Don’t drop below your worst as you wW ater eeJ resentful
and angry.
Ø
Stick
to the problem, and to the facts of the situation. Do not attack the person’s
intelligence, competence or sense of fairness.
Ø
If
you find yourself becoming argumentative, angry or withdrawn, leave the
conversation and come back another time when you are not upset Say. “I am
feeling that a bit of time may be helpful for me to reflect on what we have
both said. When can we meet again to talk about this?”
Ø
Ask
for a second opinion. If the other person agrees with the solution, ask him or
her to write it down, including an expected date for it to occur.
Ø
Document
all your meetings and telephone calls. including the date, to whom you spoke,
and what was said.
REMEMBER
Don’t give up because one person says
no. Review your documents and determine if you need to change something in your
plan. You may have to change your plan several times, but keep focusing on your
goal! Negotiation is a continuous process, not a one-time event.
BARRIERS
TO ADVOCACY
Ø
Bong
unprepared
Ø
Fearing
retaliation or worrying that others will think you are ridiculous
Ø
Being
aggressive
Ø
Being
unaware of your rights
Ø
Having
unrealistic expectations
Ø
Being
unwilling to listen to other people or to explore alternate solutions
Ø
Feeling
inferior or less educated than those with whom you have to deal.
Ø
Continuity
Ø
Fear
of prosecution
METHODS
OF ORGANIZING AND MOBILIZATION
There are six (6) stages in effective
Community and youth organizing, which include the following
1. BUILDING
TRUST
Ø
It
is important you get to know the people of the community
Ø
Be
part of the people and be familiar with them and know their problems
2.
CREAT AN ACTION TEAM
Ø
Get
organize and invite people to join your action team (group, task force or
committee)
Ø
Try
to build an action team of core leaders who nave time, energy passion for the
issue, possess a can do attitude
3.
DEVELOP AN ACTION PLAN
Ø
Work
with your team to develop an action plan
Ø
What
problem has your group identified
Ø
What
policies would address that problem?
Ø
What
is the decision making body do you need to impact?
Ø
What
other steps will your team need to take to change policy?
Ø
Break
your work down into manageable steps and task.
Ø
Hold
a meeting to discuss your plan of action and include a timeline for when things
will happen and identify who is responsible.
4.
MOBILIZE FOR ACTION
Ø
Identify
potential supporters by going door to door
Ø
Build
a base of support in the community
Ø
Contact
constituency and meet with key members
Ø
Make
presentations
Ø
Identify
elected officials who you think will be supportive
Ø
Ask
people to get involve, give them specific task and voice.
5.
IMPLEMENT
Once you pass a policy or achieve your
goal, your group will need to decide how it maintains the change and ensures
that the desired result are achieved.
After a policy is passed, your group
will want to be sure that it is enforced and accomplishes what you intended.
6.
EVALUATE
As you implement your plan of action,
it’s important to carefully review your progress during the campaign to ensure
you stay on track, as well as to evaluate the campaign after it has ended to
see what went right or wrong and learn lesson for the future.
SEAN
SWOT ANALYSIS
|
S
(STRENGHT)
|
W
(WEAKNESS)
|
O
(OPPORTUNITY)
|
T
(THREAT)
|
|
Platform
to Operate
|
Low
level of publicity
|
Capacity
building
|
Time
|
|
Common
focus
|
Weak
structures
|
Wide
consultation and movement building
|
Mass
illiteracy and ignorance
|
|
We
are Informed
|
Funding
|
Increase
in membership
|
Political
instability
|
|
Our
commitment to change
|
|
Increase
consciousness in youth
|
Social
unrest i.e
crisis
in all sector
|
|
Flexibility
|
|
Advent
of
new
media/social
network
|
ASSU
strike
|
|
|
|
Backing
from ERA and staff
adviser
|
Sustainability
and
problem continuity
|
|
|
|
The
passage of
FOl
law
|
victimization
|
WHY
THE ADVOCACY FOR ENVIRONMENTAL JUSTICE?
Ø
Dissatisfaction
with the impunity in our environment
Ø
Dissatisfaction
with dislocation of our people from their environment and resources.
Ø
Violation
of human rights
Ø
Marginalization
of Youth from decision making
Ø
Oppression
by Government and Lecturers
Ø
Our
future has been mortgaged.
Ø
Political
violence
Ø
Election
rigging
OUR
FIGHT
Ø
Challenging
neo-liberalism.
Ø
Promoting
Economic Justice.
Ø
Dismantling
Cooperate powers.
Ø
Rights
of the people, rules for big business
Ø
Stop
the disappearance of forest and biodiversity.
Ø
Food
sovereignty
Ø
No
to GMOs, Yes to our seeds.
Ø
Stop
climate change
Ø
Climate
justice and energy sovereignty.
Ø
No
to exploration of oil and mining of coal.
Ø
No
to Agro-fuels.
Ø
Water
for all.
Ø
Water
is a human right.
Ø
Repay
the ecological debt.
Ø
Recognized
environmental rights
Ø
Gender
Justice.
Ø
Making
space for women.
Ø
Educational
rights
Ø
Stop
election rigging.
He concluded by saying that “there is
nothing that kills advocacy faster than discontinuity. He urged every one to be
dedicated for us keep the vision of the vision
bearers alive”.
The
facilitator, Mr Benin
Richard commended Bar. Nosa and Joe for their lecture. He further made the
participant to understand that there is a nexus between environmental rights
and human right. It would take advocacy to have our human right implemented
through the application of relevant environmental laws.
QUESTIONS
AND ANSWERS
1. Anita: what are the things we don’t know before that we are
engaging now?
Response: The constitution (chapter 4) provides
right to life, dignity etc. The constitution makes the various rights
fundamental, violation of these rights can lead to court actions.
2. Isioku Ese Lilian: Why must we go to ECOWAS court and not other
when right to education is being violated?
Response: Our constitution does not provide the
right to education. We therefore go to ECOWAS court because of provides the
right to education e.t.c, since Nigeria
has not subscribe to such laws.
3. Atake – Enade Cadmus: Do you mean that an end should be put to agro
fuel or more researches are to be carried out based on Agro – Fuel.
Response: There is nothing good about Agro –
fuel. The product of Agro – fuel emits “Carbon black” which makes it not
friendly to the environment. I want to urge you to search on the impacts of
monoculture on the environment and you will find out that the Jatropha that is
used for this fuel damage the soil beyond repair. Also, there is high rate of
land grabbing associated to Agro – fuel so it should be discouraged because it
provides food for machine ant not the people.
4. Blessing Oghogho: What will it take for Nigerians to be
environmentally conscious and what do we do about our government to take
environmental issue serious in Nigeria?
Response: Conscious is a way of life. It has to
do with the various activities and meeting such as seminars, retreat e.t.c
where we are enlightened and made conscious of what is happening in our
environment.
5. Unumaro Di: Are we right in everything?
Response: We are right to the extent to which
the law makes provision for our right.
Mr. Richard Benin: The facilitator
wrapped up the lecture segment by urging every participant to be
environmentally conscious.
GROUP
WORK
After the lectures the participants
was spilled into two groups to speak in various pressing issues:
Groups
1: Pressing
environmental issues surrounding our immediate environment.
Group
2: Using SWOT Analysis
to identifying ways in sustaining the movement.
Group
1: After the
deliberations, group 1 identified a lot of flaws in our immediate environment
as
- Flooding/poor
drainage system within and outside campus
- Uncontrolled
felling of trees of trees in campus 3 and Abraka community.
- Bad
roads in Abraka community
- Poor
leadership
- Poor
sanitation.
GROUP
1 RECOMMENDATION
- There
should be good drainage system within and outside the campuses to solve
the problem of flooding.
- Our
trees should be replanted to balance our ecosystem.
- Government
should rehabilitate our roads.
- At
least every hostel should have waste basket within the premises.
- Also,
there should be regular sanitation exercise. All illegal dumpsite should
be cleared.
- All
students should be given the right to vote and be voted for.
Group
2
What we need to do as environmentalist
or as an advocate. Using SWOT Analysis.
STRENGTH: Our desires to protect the
environment by educating others to know about the environment that keeping it
clean is necessary to every one to have a good living.
WEAKNESS: We lack human resource and fund. We
should publicize the association and source for funds both from within and
outside the Association.
OPPORTUNITY: (1) Participating in seminars /
conferences to build our capacity as youth.
(ii) We should be environmentaly
conscious.
THREAT: (i) Time to act.
(ii) High level of illiteracy.
(iii) Our inability to cultivate a good reacting culture.
Closing Remarks: Atake – Enade Cadmus
Appreciated everyone to continue in the struggle since it is what we need to
live in a healthy environment.
Closing prayer was said by Amuche O.
Blessing.
STUDENT ENVIRONMENTAL ASSEMBLY, NIGERIA (SEAN)
PARTICIPANT LIST FOR RETREAT
|
S/N
|
NAME
|
PHONE NUMBER
|
|
1
|
UNUMARO .I. DIOLYN
|
08036387190
|
|
2
|
UBREI – JOE M. MARIERE
|
08063894925
|
|
3
|
ATAKE E. CADMUS
|
08032414342
|
|
4
|
TITIGBE ONYEKA
|
07032459923
|
|
5
|
OGBAH ESTHER
|
08102931910
|
|
6
|
EDUN ORITSEWEYINMI
|
07038887865
|
|
7
|
ODEIGAH MICHEAL
|
07062371802
|
|
8
|
OKOSUN SOPHIA OSE
|
08071262666
|
|
9
|
ISIOKUESE LILIAN
|
08064184380
|
|
10
|
EGOAGWU CARSINE
|
08065349381
|
|
11
|
OMOSOGA ANTHONIA
|
08066768148
|
|
12
|
OLUOWO WHYTE
|
07030628740
|
|
13
|
KORIEOCHA SPLENDOUR
|
08192057890
|
|
14
|
OPOMU E. MERCY
|
08130718763
|
|
15
|
USIH ALBERT
|
07033960879
|
|
16
|
OGIUGO ADESUWA
|
08065492256
|
|
17
|
NOSA D. OSAZIE
|
08035175281
|
|
18
|
OKOKO EMILY
|
08137686851
|
|
19
|
PAUL ONYEMACHI SAMUEL
|
07062431895
|
|
20
|
OZEMOYA PURITY
|
08133248366
|
|
21
|
FLORENCE
PAWE
|
08065505262
|
|
22
|
OSSAI JULIANA
|
08132784366
|
|
23
|
EFI JOY A.
|
08068393443
|
|
24
|
NOSA TOKUNBOR
|
08063444687
|
|
25
|
NWEKE COSMAS
|
08066537275
|
|
26
|
BIATERE ALATARI
|
08065838881
|
|
27
|
BENIN
.E. RICHARD
|
08061220868
|
|
28
|
EHIOGHIREN .O. DESMOND
|
08164533938
|
|
29
|
NWAMU FLORENCE
|
08168015437
|
|
30
|
OPUZINAM ISIOMA VIOLET
|
07038632882
|
|
31
|
EMOJIVWU AGHOGHO JOY
|
08063080079
|
|
32
|
ERHIAWAWE BRIGHT
|
07067016532
|
|
33
|
OKALUDO GREGORY
|
08073852327
|
|
34
|
AMUCHE .O. BLESSING
|
07033492430
|
|
35
|
OJO OSARO TESSY
|
08074402616
|
|
36
|
OGHOGHO BLESSING OGHALE
|
07035930875
|
|
37
|
EHIEDU MARIAN
|
08038991195
|
|
38
|
UKEVWE
|
07059414593
|
|
39
|
EJOR .M. UCHE
|
08060301674
|
|
40
|
EMUOBOR .A. PATRICK
|
08139284716
|
|
41
|
ONOWIGHO .W. RAYMOND
|
08060140255
|
|
42
|
ADIAKE OGHENEOCHUKO
|
07067625692
|
|
43
|
IMAFIDON JOEL
|
08051505497
|
|
44
|
YUSUF KAZEEM ADEWALE
|
08094073072
|
|
45
|
ADEJARE FUNMILAYO EUNICE
|
07032571367
|
|
46
|
UZOELUM .E. IJEOMA
|
08050646276
|
|
47
|
ONOVUGHE EFE
|
08160402201
|
|
48
|
OVIASUYI JESSIE
|
08133900671
|
