Rights of Nature Movement in Nigeria: A Case Study

slide1. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. By Irikefe V. Dafe, Africa Lead, Earth Law Center
Founder, River Ethiope Trust Foundation/Foundation for Conservation of Nigerian Rivers
Member, UN Harmony with Nature Programme
Being a paper Presented to University of Cape Town Audience During GARN Africa
Hub’s In- Person Meeting 2023.<br>
slide2. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. I.  Introduction
Earth Law Center USA recently partnered with the River Ethiope Trust Foundation (“RETFON”) to secure rights recognition for the River Ethiope in Nigeria, to assist with RETFON’s current efforts and to work towards establishing the River as a legal entity possessing rights. As a result, the River would have a broad suite of recognized legal rights that would set it on a path to permanent restoration. It would also have standing to utilize the court system as a plaintiff in search of injunctive relief or damages, as necessary.[1] The River Ethiope would be the first waterway in Africa to possess legal rights.  
II.  The River Ethiope
The River Ethiope is located in the Delta State of Nigeria (“DSN”). The DSN is a geographic component of the South-South geo-political zone, and yields oil and agriculture. The River runs from the Umuaja community in the Ukwuani Local Government Area (“LGA”) and meets the sea at the Sapele LGA. The River flows for approximately 70km through five LGAs: Ukwuani, Ethiope East, Okpe , Sapele and Warri South. These LGAs combine for an estimated population of 1.7 million people as of 2013.[2]
River is a place of worship for adherents to the traditional Olokun and Igbe religions. It famously originates at the base of a giant cottonwood tree.[3] The area surrounding the source is a specific concern; human visitation over time has destroyed precious root systems that filter groundwater and prevent erosion. A concentration of vehicular traffic creates high levels of airborne pollutants as well. In the now familiar environmental irony human interest and appreciation endangers the object(s) humanity seeks to see and appreciate.
Nigeria is the third most biologically diverse country in Africa with regards to flora and fauna, a ranking that is currently endangered due to largely unregulated deforestation, farming, spreading urban communities and industrialization.[4]<br>
slide3. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. III. The River Ethiope Trust Foundation
RETFON’s mission is to protect the River Ethiope and to defend the rights of the communities that depend on it. RETFON opposes development projects that degrade water quality, and encourages sustainable innovation to meet needs for water, energy, and protection from destructive floods and coastal erosions. To achieve this mission, RETFON collaborates with local, regional, national and international network of grassroots movements, communities, individuals, social clubs, Non-Governmental Organizations and corporate partners. Through research, education, advocacy and legal action RETFON works to halt destructive activities, to address the legacies of sustainable activities, to improve development policies and practices of government and to promote water and energy solutions for a just and amicable society. RETFON’s activities are planned to serve as a model for all rivers in Nigeria.[5]<br>
slide4. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. IV. Threats to the River
Nigeria has one of the worst river degradation conditions of any country in the world. To date, dedicated deliberate efforts to reverse this growing problem have proven inadequate, for reasons addressed below.  Climate change, uninhibited industrial/urban development combine to measurably worsen the condition as time passes.[6]
Historically, the River Ethiope has been used extensively for occupational and recreational activities: fishing, swimming, clothes washing and bathing. These activities have no measurable environmental impact on their own merits. The River has been used as a source of disposal for industrial waste and consumer products, as well, and is subject to further contamination during the rainy season when it typically overflows its banks.[7] When the floodwaters recede they carry runoff in the form of additional domestic waste and agricultural by-products like chemical fertilizers and pesticides. As noted, tourism and religious activities pose additional threats due to the significant amount of visitors in sensitive areas.
River Ethiope currently fails to meet the water quality standard set by the World Health Organization (“WHO”), a failing that is shared by every river in Nigeria.[8] This failure to meet WHO standards renders the waters of the River at best useless and at worst dangerous for human interaction. The pollution and continued degradation also pose a threat to entire inland ecosystems and ultimately to coastal regions of the Atlantic Ocean.<br>
slide5. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. V. RETFON’S Approach
RETFON has displayed uncommon patience and determination over the past twenty- years. The Foundation identifies partnership building, resource mobilization, flexibility and leadership as key components of the learning process. RETFON’s approach as focusing on (1) partnership and collaboration, (2) community mobilization, (3) holistic emphasis, (4) planning, evaluation and monitoring, and (5) long-term sustainability, all practiced under the principles of Eco-hydrology and Integrated Water Resource Management (“IWRM”). RETFON plans to proceed towards its goals of full implementation of IWRM principles, developing and maintaining proper legal and institutional frameworks and the establishment of either an Inter-Local Government Commission for the preservation of the River or a River Ethiope Watershed Development Authority by the ffive above-referenced LGAs. To achieve these goals RETFON must overcome funding challenges to remedy a lack of scientific data, poverty and ignorance, the lack of an institutional framework, and inadequate government policies and programs, and the failure to enforce existing laws and regulations.<br>
slide6. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. VI.  Timeline: A Condensed History of RETFON’s Activities to Date
Since 1992, RETFON has worked to protect the River Ethiope by building relationships with both local civilians and businesses (“stakeholders”) and DSN and Federal governments, reaching out in both directions simultaneously. Governmental recognition and assistance legitimize the Trust in the eyes the stakeholders; stakeholder perception creates reciprocal awareness by the governments. This symbiosis extrapolates to a model of an as yet aspirational relationship between the community and the River, i.e., two concerned parties acting in concert for mutual benefit.            
RETFON recent activities to protect the River Ethiope include the following:
In April 1998, RETFON received grant from Shell Petroleum Development Company of Nigeria limited to carry out “Ecological baseline studies report of River Ethiope” watershed thereby providing reliable platforms for informed decision making on all existing and intended projects on River Ethiope. The Report is currently undergoing first review.
In February of 1999, RETFON organized the first official joint inspection of the River by DSN and Federal Government of Nigeria (“FGN”) officials. The result was the immediate closure of several industrial facilities whose practices were identified as harmful to the River. In one instance the inspection discovered a rubber processing plant directly discharging untreated rubber waste into the River, not far upstream from communities who routinely use the River for bathing and as a source of drinking water. These closures significantly disrupted what had been a steady source of pollution and acted as a deterrent for future violators who chose to operate without an approved Environmental Impact Assessment (“EIA”).
Building on this momentum, RETFON petitioned the Federal Government through Federal Environmental Protection Agency (FEPA) now Federal Ministry of Environment to intervene in the development of a tourism facility by the hospitality company named Hotel and Catering Services Ltd in April of 1999. The company was engaged in a development effort on the banks of the River without the required EIA, seemingly oblivious to the idea that their actions were harming the source of their potential commercial success. FEPA issued a directive to halt further development until the EIA had been made and approved. When village leaders questioned why RETFON would oppose local development, RETFON highlighted its commitment to preserving and restoring the environment, which benefits both ecosystems and local communities that rely upon healthy waterways.<br>
slide7. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. RETFON organized a second joint inspection inspection of the River in February 2001. The inspection team was made up of DSN government executives and members of the DSN House of Assembly, led by a member of the DSN Commission for Special Duties. The joint inspection focused on gully erosion near the heavily trafficked source of the River. The inspection efforts yielded the immediate award of a contract for the control of gully erosion in the Ebede community, approximately five kilometres from the River source. Controlling gully erosion is crucial to reducing the amount of contaminated storm water runoff. This type of husbandry further demonstrates RETFON’s approach of simultaneously solving a pressing issue while building public interest and support—in this case stakeholders were inspired by the idea of two arms of their state government working together to perform actions popularly viewed as restrictive towards industry and commerce.
In 2005, RETFON petitioned the Federal Ministry of Environment and the National Assembly over Julius Berger PLC’s Railway line that was designed and constructed to run through sensitive River Ethiope wetland at Abraka axis of the Rail line thereby destrying vast biodiversity of River Ethiope. In response, the Federal Ministry of Environment led by the Minister of Environment Dr. Imeh Okopido undertook on the field assessment of the damaged and discovered that the proponents of the rail project violated the EIA provisions policy of the Federal Republic of Nigeria. Consequently, the Minister then ordered the giant construction company to stop all activities and immediately undertake post impact assessment (PIA) and remediation of the damaged portion of the River. This again sent another warning to any potentials EIA violation candidates and demonstrated the government commitments in ensuring sustainable development in Nigeria.
In June 2012 RETFON was awarded a United Nations Development Plan-Global Environment Facility grant (UNDP-GEF).[9] The UNDP-GEF grant supported a project to restore and conserve the source of the River. The tangible efforts were afforestation and the development of a plant nursery. Less visible but equally important results were leading by example, the fostering of environmental awareness, policy reform advocacy, emphasis on environmental monitoring and evaluation, and the opportunity for the DSN government and stakeholders to work together towards a mutually beneficial cause.<br>
slide8. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. In 2019, RETFON petitioned Federal Ministry of Environment over Presco Nig PLC disregard for River Ethiope environmental and human rights. After almost three years of the case, the Federal Ministry of Environment ruled in favor of RETFON and ordered Presco Plc to respect and abide by the provisions of RETFON’s petition. Presco is a Belgium based multinational Palm Oil and Rubber Plantations firm with vast operational activities in River Ethiope basin. According to River Ethiope Basin report of 1998, over 65% of River Ethiope Basin is occupied by Presco activities. And these activities have been found to severely impact River Ethiope’s sensitive biodiversity. However, Presco is presently complying with the provisions of the Federal government orders through partnership with RETFON and other stakeholders.
RETFON has continued to work with local stakeholders and government to defend the health of the River Ethiope and surrounding communities. RETFON offers workshops and educational opportunities, including outreach to university students and local community groups. Student involvement is understated in its importance; RETFON offers students what is often their first application of theory to practice. Furthermore, the introduction of students to environmental awareness helps to create a generation that considers such awareness normal as opposed to radical.<br>
slide9. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. VII. The Rights of Nature Approach
In 2017, Earth Law Center USA (ELC) partnered with RETFON to launch a new campaign to seek legal rights for the River Ethiope. To date, RETFON and other leaders have made remarkable progress in protecting the River Ethiope by working with local stakeholders, enforcing current environmental laws and calling for policy change where necessary. However, RETFON recognizes that the only permanent method to restore this river to health is to give it legal rights that are equivalent to those enjoyed by humans and other entities. And considering the immense ecological, religious and cultural significance of the river, it is a prime candidate to be the first river in Africa to have its inherent rights recognized.
Although achieving a substantial paradigm shift like legal rights of rivers is always difficult, RETFON enjoys support from community leaders, governmental departments, and national and international actors. In particular, the younger generation is deeply inspired to protect the environment in Nigeria. Therefore, we are confident that the campaign will be a success.
What are the rights to which the River Ethiope might be entitled? Earth Law Center (“ELC”) enumerated the basic rights to which all rivers are entitled in the Universal Declaration of the Rights of Rivers. At baseline, they consist of (1) the right to flow, (2) the rights to perform essential functions within its ecosystem, (3) the right to be free from pollution, (4) the right to be fed from sustainable aquifers, (5) the rights to biodiversity and (6) the right to restoration.[10]
These rights are intentionally drafted broadly to give stakeholders and government the opportunity to adapt them to local needs. Under RETFON’s leadership, and considering the wisdom and input of local communities, ELC’s legal experts will provide counsel on how to define and implement the rights of the River Ethiope. And in the meanwhile, RETFON’s bilateral efforts will continue to build precedent until a valid argument can be made that the River Ethiope is exercising its legal rights in every capacity, and all that remains is formal recognition.<br>
slide10. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. VIII.  Achievements Recorded under ELC-RETFON Partnership till Date
Since 2017 the ELC-RETFON partnership started, we have recorded the following achievements:
In 2019, Successfully drafted the River Ethiope Ethiope Rights Bill and Nigerian Rivers Rights Bill and currently ongoing reviews with key stakeholders
Successfully established Stakeholder Declaration of Rights of River Ethiope in 2020
Carried out several Rights of Nature awareness and education with key stakeholders including local, state and national government officials, students, traditional indigenous people, business organizations, NGOs and general public within and outside River Ethiope catchment.
Successfully signed MoUs with the University of Abuja Nigeria to carry out Earth Law Center activities in Africa
Successfully initiated the first National Dialogue on Rights of Nature in Nigeria in 2020
Secured National University Commission of Nigeria approval to integrated Earth Law education into the curriculum of Nigerian Universities
Secured the permit of the senate of the Niger Delta University and the Federal University of Petroleum Resources to run postgraduate course on Earth law. That of the University of Port-Harcourt and Mountain Top University have been initiated and discussion on going.
Submitted memorandum to the National Assembly of Nigeria calling for Rights of Nature integration into the constitution of the Federal Republic of Nigeria in 2021
Setting of River Ethiope Basin Institute at Delta State University Abraka in 2021
Establishment of annual River Ethiope Festival week to observe annual world Rivers Day in Nigeria
Secured GEF-SGP Nigeria grant of $30,000 USD to promote the Rights of Rivers and related issues in River Ethiope Watershed in 2022<br>
slide11. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. Successfully influence the adoption of the Universal Declaration of Rights of Rivers in Nigeria by the Federal Government of Nigeria in 2023
Submitted comment letters and gave testimony to the Nigerian National Assembly and Delta State House of Assembly urging their adoption of the rights of rivers and the rights of future generations.
Instrumental to the adoption of World Rivers Day celebration in Nigeria since 2015
Instrumental to the selection of River Ethiope as ecological law case study by ECOZOIC group in 2020. Report of the study is undergoing publication
Instrumental to the recent adoption of River Ethiope as Ecohydrology demonstration center by UNESCO in 2023<br>
slide12. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. IX. The Future
Immediate assignments ahead include:
Capacity building and stakeholders’ mobilization on Rights of Nature for River Ethiope for selected persons from Delta State ministries, State House of Assembly, National Assembly, local government councils, corporate bodies, Communities and faith -based organization and NGOs etc. to be held in early August 2023
Hosting of River Ethiope Basin Royal Fathers Dialogue on the Rights of River Ethiope to be held in August 2023
Final Review of the River Ethiope Rights Bill by the end of August 2023
Submission of the reviewed draft to the Governor/Speaker of Delta State Government by team of River Ethiope Catchment’s Royal Fathers in middle of August 2023 for consideration and passage into law.<br>
slide13. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. X.  How to Help
To assist our efforts either with this specific partnership or in general please look at the following options:
 Donate to ELC-RETFON partnership
 Volunteer with ELC-RETFON
 Contact ELC if you want to work on your own river rights campaign
 Have your organization sign the Declaration of River Rights and River Ethiope Rights/declaration documents
 Connect with us on social media and sign up for our newsletter<br>
slide14. Rights of Nature Movement in Nigeria: A Case Study of River Ethiope Delta State Nigeria- The Journey so far. XI.  Conclusion
RETFON’s efforts have gone a long way at the “ground level” by securing and performing manual project designed for immediate impact. They can be viewed as individual bricks in a foundation upon which to construct RETFON’s long-term goals of legitimacy and awareness, both by stakeholders and the State and Federal governments. And while these victories are necessary and inspiring, they can only be made permanent by establishing legal rights for rivers.
Ideally this one instance will be the first domino to fall in the extended effort to address and reverse the degradation of all Nigerian rivers. While at present difficult to fathom, it is important to remember that sweeping changes of this kind are preceded by the suffragette and Civil Rights movements in the United States, and were met by a range of oppositional tactic while the voting public struggled with the introduction of ground-breaking departures from tradition.[11] By establishing legal rights for the River Ethiope, we hope to create a replicable model for all – to usher in a new era of living in harmony with the waterways upon which we rely.<br>