📖 ABSTRACT/OVERVIEW
This paper investigates the right to a clean and healthy environment as an emerging norm under international human rights law, with specific application to host communities affected by industrial activities in Anambra State, in Nigeria's South East geopolitical zone. The recognition of a clean environment as a universal human right by the United Nations General Assembly in 2022 marked a significant development in international environmental law, carrying implications for states hosting polluting industries. The research draws on the African Charter on Human and Peoples' Rights, the UN Special Rapporteur on Human Rights and the Environment's reports, and recent domestic court decisions to assess whether residents of communities near quarrying, manufacturing, and waste disposal sites in Anambra State enjoy adequate legal protection. A descriptive methodology is employed, combining legal analysis with review of environmental impact assessments and community grievance documentation. Findings indicate that while Nigeria's constitutional provisions and the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act provide a domestic legal foundation, enforcement is inadequate and communities lack effective access to remediation. The study examines the procedural dimensions of the right, including access to information, participation in environmental decision-making, and access to justice for environmental harms. Recommendations include establishing an environmental human rights tribunal, strengthening community consultation requirements in NESREA regulations, and investing in environmental legal aid services. Keywords: clean environment, human rights, Anambra State, NESREA, environmental justice.
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