Title : Interrogating the sufficiency of legal protection available for environmentally induced displacements: A review of the farmer-herder crisis in Nigeria
Abstract:
As the world continues to experience a degrading of the eco-system, environmental factors such as ocean rising, desertification and drought devastates vulnerable locations leaving victims with little or no options than relocating to safer climes. This environmentally induced displacement is not sufficiently protected by existing legal frameworks such as the Refugee Convention of 1958 which expressly recognized the rights of persons fleeing conflict without due regard to slow onset degradation of the environment which can result in catastrophic events as witnessed in Nepal leaving victims vulnerable and displaced. The non-pre-emption of the resultant effects of slow onset environmental factors makes the Convention inadequate as it concerns protection of persons whose present abodes may be at the risk of severe environmental factors, only to offer protection when they become victims. Recent decisions of the United Nations Human Rights Court shows reluctance by the Court to accord victims of Environmental displacements their due rights as witnessed in the case of Ioane Teitiota vs The State of New Zeland. This Paper revisits the relegated topic of environmental induced displacements in general beaming its searchlight on desertification of the Sahel region Border States in Nigeria and the resultant farmer-herder conflict. This paper unravels the environmental undertone that has resulted in this avoidable blood-bath between landowners and displaced Sahel nomads in search of safer climes. Using the doctrinal approach, this paper interrogates the sufficiency of legal protection available to victims of environmental displacements. Laws such as the Refugee Convention 1951, the Universal Declaration of Human Rights of 1948, the Kampala Convention 2009 and several other laws will be reviewed. In its recommendations, this paper suggests credible alternatives and palliative measures that must be adopted to provide some sort of succour for these displaced victims while requiring the legislature in activism, to make laws to protect these vulnerable persons.
