The Human and Environmental Development Agenda (HEDA Resource Centre), a leading environmental justice and sustainable development organization, has commended the proposal for a constitutional amendment to include the Right to a Clean Environment as a fundamental right in the 1999 Constitution of the Federal Republic of Nigeria, specifically under Chapter Four, which deals with fundamental human rights.
According to Sulaimon Arigbabu, HEDA’s Executive Secretary, “The significance of this proposal cannot be overstated. By making the Right to a Clean Environment a fundamental human right under Chapter Four, it will become justiciable, allowing individuals to seek redress in court for any breach of this right by the government or private entities.”
Currently, the right to a clean environment is enshrined in Chapter Two of the Constitution, but its non-justiciable nature has rendered it unenforceable in court. The proposed amendment seeks to insert a new section 33A in the Principal Act, recognizing the right of every person to live in a clean, safe, and healthy environment, free from harmful pollution, degradation, and hazards.
This right includes access to information about environmental conditions, participation in decisions that affect the environment, and holding those responsible for environmental harm accountable.
HEDA believes that the Right to a Clean Environment is intricately linked to other fundamental human rights, including the right to life, dignity, and livelihood.
Arigbabu added, “Without a clean environment, the right to life cannot be guaranteed, as access to clean air, water, and land is essential for human survival. Similarly, the right to human dignity cannot be achieved in an environment that is polluted and degraded.”
Furthermore, a clean environment is crucial for the enjoyment of other rights, such as the right to food, fishing, and agriculture. Without a safe and healthy environment, these rights become meaningless. Arigbabu noted, “What is the right to life if we don’t have access to grow our food because our land has been polluted? The right to life would be rendered meaningless without a clean environment.”
HEDA commends the lawmakers for proposing this amendment and urges all stakeholders, including policymakers, civil society organizations, and the general public, to support this proposal and work towards its enactment.
The organization believes that this amendment will be a significant step towards ensuring a clean, healthy, and sustainable environment for all Nigerians.
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