By Ufot Phenson
An oil spill is the outflow or the discharge of petroleum unto the earth surface which is known as onshore or into a large body of water, being offshore.
This could be unintentional, negligence or sabotage. Sadly, whenever there is an oil spill, human rights in the affected community are infringed upon.
These are rights to life, healthy environment, foods, right to work and earn a living among others which a person is entitled to.
In developing countries like Nigeria, oil producing communities are the first victims of human rights infringement when oil spills occur.
In Nigeria, the Niger Delta region is one of the usual reference locations for discussions on environmental pollution and its impacts on local communities, mainly as a result of harmful economic activities of the oil and gas companies in the region.
The oil spills in the Niger Delta region remain largely not cleaned up for several years now. Although the law requires that in the event of oil spill, oil companies should take prompt steps to initiate clean ups within twenty four hours of the discharge but the reverse is always the case.
The socio-economic and environmental impacts of oil pollution are extensive and destructive.
They range from loss of bio-diversity, damage to aquatic ecosystem, air and water pollution, ground water contamination, destruction of wild life and degradation of farmland which constitute a significant source of economic and social existence for people living in oil bearing communities.
Apart from environmental impacts, a recent study had shown that oil pollution has severe effects on psychological and pathological health of oil bearing communities. Accordingly, the enjoyment of nature-given rights is impaired by oil spills.
These rights include the right to foods, recognized under the International Convention on Economic, Social and Cultural Rights, which implies that food has to be available and accessible to citizens from productive land and natural resources.
Within the context of the right to food, governments are required to protect and improve existing food resources and should not allow food sources to be destroyed or contaminated by private persons or companies, thereby, preventing citizens’ efforts to feed themselves.
Also, the United Nations on Economic, Cultural and Social Rights, has stated that food must be free from adverse substances. The numerous gas flares and oil spills, to state the obvious, damage farm lands, seafood, crops, fishing rivers, creeks, streams, fishponds and farms.
It is unfortunate that lack of environmental remediation has impacted adversely on food security in the Niger Delta region.
Similarly, the International Convention on Economic, Social and Cultural Rights provides for the right to gain a living through work. The right is associated with the right to food, housing, health and gaining a living through working.
The oil producing communities exercise the right to work and earn a living through farming, fishing and allied businesses as their means of sustenance and livelihood.
Unfortunately, these traditional occupations of the people are always impacted whenever an oil spill occur with its attendant pollution of farmland and rivers, thereby violating the people’s right to gain a living through work and the right to an adequate standard of living since the sources of food are destroyed.
It should also be know that whenever there is an oil spill, the right to health and a healthy environment, which is also recognized by the International convention, is usually infringed upon. This, as a matter of fact, should not be allowed to continue.
The responsibility of the state in this regard extends to the prevention and reduction of exposure of his population to harmful substances.
Article 24 of the African Charter on Human and People’s Rights guarantees the right to a general satisfactory environment, favourable for their development.
It has been observed that the pollution and environmental degradation of oil producing communities in Akwa Ibom State have made the living conditions of the people far below standard.
Waters from rivers, creeks and streams that have been polluted by oil spills are used for cooking, drinking and bathing by inhabitants of the affected communities, thereby exposing them to serious health challenges.
Medical research has shown that direct contact with hydrocarbon can cause skin rashes and eye redness while prolonged and repeated exposure can cause nausea, dizziness, headache and somnolence.
There are studies that link gas flaring to negative health impact; that pregnant women are prone to airborne diseases during the period of pregnancy.
Also, there are studies linking gas flaring with acid rain deposition. There is a general discomfort from the light coming from the flare gas and the dust that settles on homes undermines the right to a healthy environment and good health of oil producing communities.
However, in Nigeria, there are laws and agencies whose responsibilities are to protect environments and human rights abuses from oil pollution.
These laws are contained in the constitution of the Federal Republic of Nigeria 1999 as amended; Environmental Impact Assessment Act, National Environmental Standards and Regulations Enforcement Agency, NESREA Establishment Act, the National Oil Spill Detection and Response Agency, NOSDRA Establishment Act, Petroleum Act, Oil Pipeline Act and Oil in Navigable Waters Act among others.
The agencies saddled with these responsibilities should wake up and keep our environment safe for oil producing communities and the people to enjoy their fundamental human rights to good health, food, healthy environment, work, good standard of living and others.
