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ABSTRACT
Environmental rights are an aspect of human rights that are focused on guaranteeing individuals access to healthy environment as well as a right to action against any persons that violate these rights; though in Nigeria, these are regarded as fundamental directives to the Federal Government. Nevertheless, it behooves on the law and other relevant institutions to guarantee the protection of these rights, particularly communities whose environments are heavily impacted mining activities. Therefore, this long essay considers the role of law and NGOs in protecting communities affected by mining activities in Nigeria, as a result of the numerous impacts mining activities have on men, women, children and the environment in general. Furthermore, the legal and institutional frameworks for the protection of communities affected by mining activities in different jurisdictions will be examined during the course of this long essay. In addition, this long essay shall consider the inadequacies and challenges to the law and NGOs effectively carrying out the roles. This study found out that despite the availability of plethora of environmental laws and NGOs in Nigeria, these institutions are weak in enforcing the protection of communities affected by mining as a result of an avalanche challenges such as weak enforcement of laws, corruption and bribery amongst NGO officials. This study concludes that the law is barely enforced by the executive arm which is in charge of enforcement of laws. Also, NGOs are meant to pressure the government into guaranteeing the protection of these communities, however, for a number of reasons ranging from corruption amongst other things, NGOs are sleeping on their role of activism for the cause of communities affected by mining activities. This study made use of nondoctrinal methodology and recommended that mining regulations should mandate that mining corporations strictly comply with stringent environmental criteria amongst others.
