ENVIRONMENTAL PROTECTION IN NIGERIAN MARITIME TRADE: COMPLIANCE AND CHALLENGES
Maritime Law Students’ Society, OAU
Specialized Organization in the Faculty of Law, Obafemi Awolowo University
1.0 INTRODUCTION
The essence of a good environment can never be over-emphasized. The interdependency of man within or within the ecosystem is a fundamental and crucial aspect of human existence as the environment constitutes a basic necessity that was put in a good condition for mankind to explore, maintain, and use for sustenance. The sea for example is a vital medium through which human trade and commerce are conducted; it is also a means a means of voyage, a valuable source for mineral extraction and power generation, and an essential source of the blue economy. It is therefore pivotal for Nigeria, as a coastal state located on the west coast of Africa in the Gulf of Guinea to have an effective means of protecting her seas and waters.
In the particular instance of maritime trade, studies have shown that the effects of marine pollution on water bodies and coastal areas cause degradation to the environment and its ecosystem, which includes the waters on which maritime trade is being conducted.
The maritime trade and transportation industry in Nigeria is that which is undeniably important to the economic growth of the nation. The Nigerian economy is classified as a mixed economy and the maritime industry in Nigeria is of utmost importance, taking into consideration the country’s status as a major oil-producing and exporting country. Maritime trade in Nigeria accounts for about 95 percent of the vehicular means of Nigeria’s international trade. Therefore, an adequate and efficient system of environmental protection is very important for the country’s development.
2.0 ENVIRONMENTAL PROTECTION IN NIGERIAN MARITIME TRADE
According to the Merriam-Webster dictionary, “maritime” can be defined as anything “of or relating to navigation or commerce on the sea”.
In relation, maritime trade is the transport of goods overseas between two countries. It is a low-cost, efficient method of transporting items manufactured, grown, or mined from one country to another and is an essential ingredient in the growth of the world’s economy and in developing nations. In today’s economy, 80 percent of international trade travels via sea. Nations heavily rely on one another for natural resources, goods, technology, and medicines, making maritime trade the backbone of the global economy.
Nevertheless, one of the most pressing challenges facing the maritime industry today is environmental protection and sustainability. With the increasing global focus on reducing carbon emissions and mitigating the effects of climate change, the industry is under immense pressure to adopt more eco-friendly practices. International regulations like the International Maritime Organization’s (IMO) sulfur cap and carbon reduction targets have compelled ship operators to invest in cleaner technologies, such as LNG-powered vessels and advanced emissions control systems.??????
Environmental pollution is one of the biggest threats to life as we know it. Pollution affects the air we breathe, the water we drink, and the ecosystems we depend on. The major kinds of pollution, usually classified by environment are air pollution, water pollution, and land pollution.
The world’s oceans are one of our planet’s most valuable environmental resources. Seas cover around 70 percent of the world’s surface, providing raw materials, energy, employment, a place to live, and the means to transport more than 80 percent of global trade by volume. In Nigeria, the maritime domain spans from longitude 002 49’ East to longitude 008 30’ East extending southwards to the statutory 200 nautical miles limits of the exclusive economic zone. Within Nigeria’s expansive maritime domain are a variety of resources which range from shrimps and fish to oil and gas. Also, embedded in Nigeria’s internal waters is a vast network of pipelines mostly located in the complex web of creeks.
There is therefore no gainsaying that inadequate protection of the environment, especially the waters by which the ships tread, could cause grave damage to the economy of the country.
3.0 COMPLIANCE AND CHALLENGES OF ENVIRONMENTAL PROTECTION IN MARITIME TRADE
There has been an increase in cases of environmental issues such as gas flaring, water pollution, soil pollution, oil spillage, non-degradable elements, and debris, which have in no minimal way obstructed and hampered the productive efficiency of the Nigerian maritime industry. The environmental decadence has resulted in severe nutrient depletion and obstruction of biodiversity in the region. They have equally brought about environmental degradation, climate change, flooding, erosion, etc., which makes it difficult, if not impossible, for the maritime industry to thrive.
These inflictions on the environment have affected national resources, such as the ecosystem, biosphere, wildlife, water, soil, air, and industry. Environmental challenges, though not comparable to security challenges, have caused disintegration and deterioration of the environment by disrupting the ecological or bionomical order of the inhabitants and, consequently, impacting the productivity of maritime sectors. It is due to this observation that it became expedient not to exonerate environmental decadence; hence, it affects industrialization and jeopardizes national growth and development.
Ports, for instance, contribute significantly to the economic development of nations so the awareness about the adverse effects that ports pose to the air, water, soil, and sediments needs to be evaluated. While efficient ports are very important to the economic development of the surrounding environment, the related ship traffic, handling of the goods in the ports, and the hinterland distribution can cause several adverse environmental impacts.
Similarly, ship-source marine pollutants that emanate from cargo carried or waste generated on board usually contain oil or oily mixtures and noxious substances. This usually accumulates from machinery operation or domestic activities of the crew living on board. It also includes ship-borne pollutants which include garbage, solid wastes, and antifouling plants on ship hulls.
The incidence of ship-generated marine pollution has increasingly engaged the attention of the international maritime community in its effort to promote safe shipping and the protection of the marine environment. To achieve this protection, structures such as processes, technologies, and methods that support green strategies are required. This will help fulfill both economic and environmental objectives that will ultimately help contribute to sustainable growth and development.
In Nigeria, solid waste has as an example become an important issue; piles of waste are often found near roads, in rivers, and in areas known to be affected by flooding. This is causing significant health and environmental problems.
Therefore, due to public concern and the need for mitigating policies, the shipping industry has taken some steps to curtail the negative environmental effects arising from its sector. At an international level, under annexes I, II, III, IV, V, and VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), various legal instruments have been provided to encourage regulation and enforcement by flag states, coastal states, and port state control.
The International Maritime Organization (IMO) identifies these sources and by their provision port authorities are obligated to provide reception facilities for the handling of a range of waste including oil, chemicals, and garbage.
Currently, the Nigeria Ports Authority (NPA), does not own or operate waste reception facilities, but outsources that responsibility to a private pollution control company that provides port reception facilities in all navigational districts.
Thus, It is evident that solid waste management in Nigeria is plagued with a lot of issues, such as inefficient collection methods, improper disposal, insufficient financial resources, inappropriate technology, etc. while the policies and laws are fragmented and are formulated not on nationally generated baseline data, participation of people in the policy formulation and implementation is lacking, and enforcement and monitoring of laws and policies is inadequate. It is therefore necessary that the legal, institutional, political, financial, economic, and technical aspects of solid waste management be given optimum attention with all seriousness.
Another factor that causes environmental pollution which could lead to adverse problems in society is OIL POLLUTION.
Nigeria’s crude oil reserves are estimated at over 11 billion barrels, and its gas reserves at 9.5 billion barrels of oil equivalent as of 1991. Today, the country has become dangerously dependent on oil, which now makes up over 96 percent of its exports, and with a long coastline of about 830km cannot be overlooked.
?As a result, there is a need to increase awareness of personnel to acquire special skills on how to implement government rules and regulations on environmental policies. This can be achieved through training courses, workshops, seminars, etc. which could be organized by the Maritime Academy of Nigeria in cooperation with the various agencies in the maritime industry.
It is important to note that a significant amount of marine pollution is caused by shipping and maritime activities generally, and oil, is the most important pollution stemming from shipping and maritime activities. The increase in the size of oil tankers and the disastrous consequences of accidents they are sometimes involved in prompted increased concern about the dangers of marine pollution. The oil pollution resulting from the wrecks of Torrey Canyon (1969), the Amoco Cadiz (1978), and Exxon Valdez (1989) are vivid examples of these problems.
Despite the action already taken by IMO to deal with oil pollution, far-reaching developments in modern industrial practices soon made it clear that further action was required subsequently. Thus, the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the protocol of 1978 relating thereto (MARPOL 73/78) was adopted on the 2nd of November 1973.
The following are a few of the sources of marine oil pollution in Nigeria;
Natural Seeps: The quantity of oil input in Nigerian waters through natural seepage has not been estimated even though it is speculated that some seeps do occur.
Urban and River run-offs: It is often conspicuous that every time it rains, iridescence caused by oil and petrol can be seen on the road. This is washed down drains into drains into water courses and eventually reaches the sea and causes pollution.
Municipal and Industrial Waste: Domestic waste and sewage contain a quantity of oil and grease and because of the nature of some of our industries, these wastes contain a considerable quantity of petroleum hydrocarbon. In the coastal regions, these wastes are often discharged into the sea without any form of treatment.
The most current estimate indicates that the total amount of oil entering the oceans directly as a result of human actions is about 3 million tons per year in addition to another 250,000 tons resulting from natural seeps and leakage from submarine oil-bearing strata.
The oil pollution legislation in Nigeria however appears to be merely paperwork as implementation is poor and needs to be improved upon. Any casual observer standing by the Nigerian harbor or oil tanker loading terminal would readily notice the oil-polluted water. There is no sincerely committed government establishment liaising with the Ministry of Justice to ensure the updating of amendments in international conventions in Nigerian legislation.
The Federal Environmental Protection Agency (FEPA) is not properly equipped to monitor the marine environment due to a lack of experienced maritime personnel so the agency concentrates on shore-based pollution. This deficiency renders the agency helpless and the elusive techniques of offenders are not readily discovered by ill-experienced personnel.
The following are some of the challenges faced in ensuring environmental protection in the maritime industry;
Regulating marine pollution presents a range of challenges. A few of them are as follows;
Limited enforcement capacity and resources: Enforcing laws and regulations related to marine pollution is a challenging task that requires significant resources and capacity. Many countries, such as Nigeria, lack the necessary resources to enforce regulations effectively. For example, many developing countries have limited budgets, staff, and equipment to monitor and enforce laws related to marine pollution.
Jurisdictional issues and the need for international cooperation: marine pollution is a global issue that requires international cooperation to be addressed effectively. Jurisdictional issues make it difficult to regulate marine pollution effectively. For example, pollution in one country’s waters can affect the environment and economic activities in another country. Therefore, international cooperation is essential to regulate marine pollution effectively.
Difficulties in identifying and tracking polluters: Many pollutants are released into the ocean by sources that are difficult to trace. For example, oil spills can occur as a result of accidents or deliberate discharges from ships. Therefore, it can be challenging to identify the ship responsible for the spill and hold them accountable.
Limited public awareness and political will: Public awareness and political will are crucial factors in regulating marine pollution. However, many are not aware of the severity of the problem, and some governments lack the political will to take action. This can result in inadequate regulation and enforcement, which exacerbates the problem.
Furthermore, developing countries e.g. Nigeria and others may lack the technical expertise and knowledge required to implement complex environmental regulations. Building the capacity of government agencies and training personnel in areas such as scientific data collection, analysis techniques, and compliance monitoring is essential. Collaboration with international partners and knowledge exchange platforms can support capacity-building efforts.
Additionally, socioeconomic and cultural factors influence compliance rates, as in some cases, marginalized communities heavily rely on marine resources for their livelihoods, leading to conflicts between conservation goals and local needs. It is therefore crucial to strike a balance between environmental protection and socioeconomic realities by engaging with local communities, involving them in decision-making processes, and promoting alternative livelihood options that align with sustainable resource management.
领英推荐
4.0 ENVIRONMENTAL COMPLIANCE IN THE MARITIME INDUSTRY
Developing countries such as Nigeria face several challenges when it comes to implementing and enforcing environmental compliance measures for their marine resources. One of the primary hurdles is the limited financial resources available for enforcement and monitoring efforts. Insufficient funding restricts the capacity to invest in adequate surveillance technology, research initiatives, and personnel training, which are crucial for effective compliance.
The following are some of the most effective practices for compliance that can help solve some of the challenges earlier discussed:
International conventions and agreements: International conventions and agreements are essential tools in safeguarding the environment and regulating marine pollution. These agreements provide a framework for addressing marine pollution issues at a global level. Some examples include;
●?????? MARPOL Convention: The International Convention for the Prevention of Pollution from Ships (MARPOL) is a global agreement aimed at preventing pollution from ships. The convention sets limits on air pollution, sewage, garbage, and oil spills, among other things.
●?????? London Convention: The convention on the prevention of marine pollution by dumping of wastes and other matters (London Convention) is a global agreement that aims to prevent the dumping of waste into the ocean.
National Laws and Regulations: Many countries have enacted laws and regulations aimed at regulating marine pollution. For example, in Nigeria, The Water Decree 101 from 1993 is the principle legislation governing the utilization and pollution control of water resources. Sadly, Nigeria’s environmental agencies entrusted with the duties to ensure access to clean, pollutant-free water and environmental sanitation appear ineffective. In the United States, on the other hand, the Clean Water Act provides a framework for regulating water pollution.
Industry Standards and Voluntary Initiatives: Industry standards and voluntary initiatives are another effective means of regulating marine pollution.
Technological Solutions: Technological solutions can also be used to address marine pollution. For example, oil spill response equipment can be used to clean up oil spills quickly and effectively.
5.0 MODES OF ENFORCING AND ENSURING COMPLIANCE WITH ENVIRONMENTAL PROTECTION LAWS AND PRACTICES
Effective enforcement is essential to regulate marine pollution effectively. The following are some of the best practices for enforcement;
Capacity building and resource allocation: Capacity building and resource allocation are crucial factors in effective enforcement. Governments must allocate sufficient resources, such as funding and staff, to enforce regulations appropriately. Capacity-building programs can also be implemented to improve enforcement capacity in developing countries.
Collaboration and information sharing: collaboration and information sharing between different organizations and government agencies can improve enforcement efforts. For example, environmental agencies, and other law enforcement agencies can work together to monitor and enforce regulations relations related to marine pollution.
Monitoring and surveillance: Monitoring and surveillance are crucial tools for effective enforcement. Monitoring systems can be used to track the movement of ships and detect illegal dumping of waste. Surveillance technologies such as satellites and drones can also be used to monitor the marine environment and detect pollution.
Penalties and Deterrence: Penalties and deterrence are important for effective enforcement. Penalties such as fines and imprisonment can deter the polluters from performing illegal activities.
Public Awareness and Education: these are essential for effective enforcement. Governments and organizations must educate the public about the severity of marine pollution and the importance of complying with regulations. Public awareness campaigns can also encourage people to report illegal activities.
Some paramount institutions have also been enacted for a good understanding of the effectiveness of maritime protection. They include;
1.????? The National Environmental Standards and Regulations Enforcement Agency(NESREA) Act of 2007:
This law established the national environmental standards and regulations enforcement agency, the major aim is to ensure the protection and sustainability of the Nation’s environment. Generally, it is referred to as the principal law in Nigeria which governs the protection of the entire environment.
?
2.????? The Constitution of the Federal Republic of Nigeria (1999):
The 1999 constitution is another law that gave power to the protection of the environment by the state. Section 20 provides that, the Nigerian state should improve and protect the air, land, water, forest, and wildlife of Nigeria; this provision, it enjoins the Nigerian government to make the environment safe and prosecute persons who pollute the environment through its activities.
?
3.????? The Oil in Navigable Waters Act 2004:
This act prohibits the discharge of oil substances by any ship into the sea area of Nigeria. It also regulates navigation of vessels and platforms operating on the marine, as well as discharges of oil and other mixtures emanating from the land into waters to which this section applies.
?
4.????? Nigerian Maritime and Safety Agency Act 2007
The Nigerian Maritime and Safety Agency (NIMASA) focuses on the promotion of maritime safety and security, maritime labor, protection, and shipping registration. Its objective is to develop indigenous commercial shipping in the international shipping trade. This agency is given the right under the act to make regulations with the approval of the minister concerning the dumping of generated waste into Nigerian waters. This legislation however possesses scanty provisions for marine conservation. Although the legislation makes a reverence to reliance on the adoption of international convention agreement to which Nigeria is a party, there is a restrain on the direct implementation of international conventions unless they are ratified and domesticated then it can be applicable in Nigeria.
?
5.????? The Harmful Wastes (Special Criminal Provisions, Etc.) Act 1988:
This act provides that where a polluter, either an individual or corporate entity is found guilty of dumping or attempting to dump harmful waste into the marine environment, both civil and criminal liability can be incurred simultaneously. In addition, civil liability will arise when a polluter is found guilty of dumping or attempting to dump harmful wastes into the territorial waters, exclusive economic zones, or contiguous zones of the marine environment.
?
6.????? Inland Fisheries Act LFN 2004:
This act prohibits any person from operating or navigating any motor fishing boat to discharge frozen fish within the inland waters of Nigeria unless both are fully registered and licensed.
?
It is important to note that the judicial power of the federal government of Nigeria is vested in the courts of law, under this, the courts are vested with the jurisdiction to hear and determine matters related to oil and gas, and environmental pollution in the Federal High Court.
Additionally, the 1999 constitution of the Federal Republic of Nigeria provides that the state shall protect and improve the environment and safeguard the waters, air land, forest, and wildlife of Nigeria.
6.0 CONCLUSION
From the foregoing, it is clear that environmental protection particularly in the Nigerian maritime trade industry, is a complex and challenging task that requires both national and international cooperation, as well as effective enforcement. By implementing some of these viable practices aimed at improving and protecting the environment from pollution, we will be able to move towards a healthier environment, which includes our oceans and the many species that depend on them.
REFERENCES
5.?????? Windward, ‘Maritime Trade’, https://windward.ai/glossary/maritime-trade/ accessed 30 March 2024.
?