ABSTRACT
Oceans cover almost
three quarters of the Earths surface. They comprise nine-tenths of
our water resources and are home to over 97 percent of life on our
planet and constitute an essential part of our biosphere. Human
activities in the last 50 years have resulted in the pollution of
the ocean and the marine environment, led to over exploitation of
living resources, alteration and destruction of marine habitats. The
Nigeria marine environment is presently being degraded by pollution
from oil, solid waste and sewage. Over exploitation of living
resources is leading to decreasing fish lands while coastal erosion
and flooding are causing widespread loss of coastal habitat. The Law
of the Sea Convention is a legal framework dealing with all aspects
of man’s activities and interaction with the oceans and seas.
Several other International conventions and protocols are also in
place to ensure the sustainable management of our ocean and marine
environment. Nigeria is party to many of these international
conventions and protocol. Much national and local legislation are
also in place to ensure sustainable management of our ocean and
marine environment. However, implementation of this legal framework
is hampered by lack of human capacity, infrastructure and funds to
ensure the enforcement of these legislations. The present focus of
the United Nations, national governments, private industries, non
governmental organisations calls for cooperation and provision of
the tools (funds, capacity building programmes, remediate projects)
that will ensure the health of our ocean and the marine environment
which provides us with life. Nigeria owes it as duty to be active
players in all global programmes that will ensure the sustainability
of our ocean and marine environment
Paper presented
at the FEDEN symposium commemorating the 2004 world environment
day 2nd June 2004.
INTRODUCTION
Oceans cover almost
three quarters of the Earths surface. They comprise nine-tenths of
our water resources and are home to over 97 percent of life on our
planet. They are an essential part of our biosphere: they power our
climate and affect our health and well-being, indeed without the
ocean there would be no life on our planet.
The oceans are a
vital economic resource that provides livelihoods to millions of
people worldwide. The bulk of all international trade approximately
97 percent is transported by sea. Over 29 percent of global oil
production comes from the sea. Sea side tourism and the cruise
industry are major sources of revenue for many countries, especially
Small Island developing States. Every year almost 90 million tons of
fish are captured worldwide, at a value of approximately $50
billion, providing work to 36 million people in the fishing and
aquaculture industries alone (UN 2002).
STATE OF THE
WORLD’S OCEAN
Only 50 years ago
the ocean was still largely a pristine wilderness. But today,
pollution – approximately 80 per cent from land bases activities –
is threatening its health, especially in coastal areas. According to
the Global Environmental facility, the three greatest threats to the
world’s ocean are:
·
Pollution from land base activities.
·
Over exploitation of living resources
·
Alteration and destruction of marine habitats.
Pollution
The greatest threat
to the health of the ocean and marine environment is not from oil
spill at sea or ocean dumping, but from human activities on land.
Municipal, industrial and agricultural wastes and run-off produce
pollutants, including sewage, radioactive substances, heavy metals,
oils, nutrients, litter and persistent organic pollutant that enter
the marine and coastal environment.
Sewage or improperly
treated domestic wastewater poses one of the greatest hazards to the
coastal environment. The enormous quantities of nutrients contained
in sewage are very damaging to the marine environment. Sewage
endangers human health by contaminating shellfish beds, water
intakes and bathing areas, and introduces plastics and other marine
debris to coastal waters, threatening marine life through
entangling, suffocation and ingestion.
Oils from land bases
sources such as refined petroleum products or their derivatives are
equally harmful. Oils enter the ocean and the marine environment
through a variety of sources which include: oil wells, refining and
storage facilities and from industrial and agricultural run-off.
Over exploitation of living resources
The oceans are being
exploited as never before. Most of the world’s marine fishes are
already yielding as much fish as they safely can. Today, about one
third of the world’s fish stocks are being over fished (UN 2002).
Over fishing threatens the balance and viability of the entire
marine ecosystem: it reduces economic growth and undermines the food
security and livelihoods of people in coastal areas particularly
those living in coastal areas.
Alteration and destruction of marine
habitats.
Increasing
population and economic activities in coastal areas are threatening
marine habitats as never before. Human activities related to urban
expansion such construction of ports, marinas and coastal defenses,
oil and gas exploitation, mining, tourism and destructive fishing
practices are harming coral reefs, shorelands, beachforms and the
ocean floor. Habitats important to marine biodiversity are under
attack. Spawning and feeding grounds of marine species virtually
important to the world food security are being destroyed. By 1998,
approximately 11 percent of the world’s coral reefs had been
destroyed (UN 2002). Coastal erosion is causing large scale
devastation of valuable shoreland especially low lying sand coast.
Though natural forces are responsible for coastal erosion, human
activities contribute to a larger extent to shoreline erosion.
STATE OF
THE NIGERIAN MARINE ENVIRONMENT
The Nigerian
coastal environment is in close proximity with the Gulf of Guinea of
the South Eastern Atlantic ocean. The Nigerian marine area which is
richly blessed with a variety of both living and non-living
resources is responsible for almost 90% of its economic earnings.
It also houses Nigeria's main source of foreign exchange - namely
oil and gas in addition to fishery resources. However, this same
environment is presently subject to various problems largely
deriving from human activities most of which are land based.
Pollution
Increased
industrialisation and other socio economic activities results in the
release of varied types and amounts of wastes into the environment.
The Nigeria marine environment is polluted by petroleum hydrocarbons
from the oil industry, solid wastes (especially from domestic
activities) sewage and litter.
The causal chain
analysis for oil spill in Nigeria reveals that oil spill is caused
by either accident or by saboteurs (Awosika et al 2002).
In 1970, only one oil spill (of
150 barrels) was reported but in 1971 the number increased to 14
involving 15,110 barrels. By 1974, there were 105 oil spills,
increasing to 154 and 241 by 1978 and 1980 respectively. Apart from
equipment failure, sabotage by disgruntled groups also occurs.
According to Shell petroleum, 50% of the total number of spills in
1999 and over 70% of the total volume spilled was due to sabotage.
The number of oil spill in 1999 was 319, which was 32 percent higher
than the 1998 figure of 242.
Known and
potential impacts include:
·
Mass
mortality and or tainting of animals as well as other aquatic
resources
·
Ground
water contamination
·
Abandonment of Fishing ground and associated livelihood pursuits
·
Devegetation and other forms of ecological damages
·
Loss of
biodiversity in breeding grounds
·
Loss of
drinking and industrial water sources
·
Reduction
of land area available for agriculture
·
Loss of
recreational facilities and aesthetic values of the environment
·
Increased
economic burdens of pollution clean – up, population rehabilitation
etc
·
Impairment of human health
·
Worsened
rural underdevelopment, poverty and heightened community
embitterment
Solid waste
constitutes a major environmental problem in the coastal areas of
Nigeria especially in major coastal cities like Lagos, Warri and
Port Harcourt. Due to rapid increase in coastal population, the
volume of solid waste generated by residents increased beyond
quantifiable levels in recent years. The largest generators of solid
wastes are the steel, food processing and tanning industries.
Estimates of annual generations of municipal solid wastes for Lagos,
Calabar, Port Harcourt and Warri are 1,400, 000, 190,000, 650,000,
and 66,721 tonnes respectively (Lagos Waste Management Authority,
LAWMA 1995). Facilities for disposing of solid waste have been over
stretched hence manual clearing of solid wastes have been rendered
inadequate especially in large coastal metropolis like Lagos, Port
Harcourt, Warri. The use of mechanical devices has become
inevitable.
Sewage
Pollution of soil,
ground and surface water is a major environmental problem especially
in large coastal settlements. In most large Nigerian cities, there
is no central sewage treatment plant except in some relatively new
estates and factories. In most cases, households are connected to
self – contained septic tanks. Therefore, raw human waste evacuated
by dedicated trucks is generally disposed into coastal waters.
This practice is very prevalent
in Lagos, Warri and Port Harcourt where coastal population is very
high.
Over- exploitation of fishery
resources
The potential
yield of the fish resources of Nigeria from all sectors (coastal,
brackish water, rivers and lakes aquaculture and off shore
fisheries) is estimated at 1,180,125 metric tonnes. The maximum
sustainable yield (MSY) for Nigerian fisheries was estimated by
Tobor (1990) at 240,000 metric tons. According to Moffat and Linden
(1995), official catch figures have greatly exceeded the MSY for
1980 to 1989. A decline in stocks of some important fish species
such as Sardines, Snappers, Croakers and Mackerels has already been
reported (Moffat and Linden 1995).
Modification of ecosystems
The Nigeria
coastal and marine areas have undergone noticeable modifications
especially in the last thirty years. These modifications had been
due to increasing pressures on coastal resources, conflicting
exploitation methods, increasing population and other anthropogenic
activities. Modifications of the marine areas have led to loss of
biodiversity, reduced ecosystem viability and value of coastal
systems. In many cases for example, mangrove ecosystems have been
on the decrease since exploitation for oil and gas commenced in the
Niger Delta. Most areas, which had dense mangrove vegetation, have
been replaced by new vegetation like grasses and climbers.
Below are the
most prevalent agents responsible for modification of ecosystems.
Coastal erosion
Coastal erosion
is very prevalent along the Nigeria coastline. Analysis of
historical hydrographic charts, aerial photographs and data from
on-going studies by the researchers from the Nigerian Institute for
Oceanography and Marine Research reveal widespread erosion and
flooding of the barrier islands and the Niger delta (Ibe et al 1984,
Awosika (1993). The Victoria beach is the fastest eroding beach in
Nigeria with average erosion rates of 20-30m annually. Between 1900
and 1959, Victoria beach retreated by over 1km near the eastern
mole, decreasing to about 400m some 3km eastwards in the area of the
Kuramo waters. However, the Lighthouse beach near the western
breakwater accreted by over 500m within the same period. This high
rate of erosion has been linked to the construction of the moles
built to stop the silting up of the entrance to Lagos harbour.
Erosion rates range between 18-24m annually at
Ugborodo/Escravos station, 20-22m annually at Forcados station,
16-19m annually at Brass Station, 15 - 20m annually at Kulama
station, and 20-24m annually at Bonny station and 10-14m annually at
(Opobo river entrance) station .
Flooding
The beaches along
the Nigerian coastline are very susceptible to flooding due to their
very low topography. Whenever storm surges coincide with spring
tides most beaches at a maximum elevation of 3 m above sea level are
usually topped by waves. Flooding of the Victoria Island and other
low-lying areas of the state are common especially during the rainy
months of June to August. These floods are more pronounced during
the months of April and August when ocean swells which develop far
out in the Atlantic pound the coast with devastating effects.
Increasing
inundation of low lying coastal areas of Nigeria is also exacerbated
by sea level rise (Awosika et al 1990, 1992 and 1993) due to global
climate change. The barrier lagoon coastline in the western
extremity with the high real estate at Victoria Island and Lekki
could lose well over 584 and 602 square Kilometers of land from
erosion while inundation could completely submerge the entire Lekki
barrier system (Awosika et al 1993). The Niger Delta could also lose
well over15 000 square kilometers of land by the year 2100 with a
one-meter sea level rise affecting well over 1.5 million people in
the Niger Delta. In total, over 18000 square kilometers or 2 percent
of the Nigerian coastal zone and about 3.68 million people are at
risk with a one meter sea level rise (Awosika et al. 1992).
TOOLS FOR PRESERVING THE OCEAN AND
THE MARINE ENVIRONMENT
For centuries, the
freedom-of-the-sea doctrine prevailed on the ocean. By the
mid-1960s, technological breakthroughs in navigation, fishing and
ocean exploration, coupled with the population explosion, had
dramatically changed mankind’s access to and use of the sea.
Tensions arose between nations over conflicting claims to the oceans
and their resources and pollution threatened to poison the seas.
Eventually, it became clear that a united world-wide effort was
needed to maintain order on the high seas and to guide the
intelligent use and management of marine resources. The United
Nations Convention on the Law of the Sea (UNCLOS) adopted in 1982
consists of a set of comprehensive legal framework dealing with all
aspects of man’s activities and interaction with the oceans and
seas. The Convention sets out the legal framework within which all
activities in the oceans and seas must be carried out, and with
which these activities should be consistent. The importance of the
oceans and seas to mankind has led to the global recognition and
acceptance of UNCLOS 1982 by many countries. Six years after the
entry into force of UNCLOS (16 November 1994), 135 coastal states
including one international organisation have ratified the
Convention. Out of 151 coastal states, 117 are parties and out of 42
landlocked States, 15 are parties (UN General Assembly 2000,
A/54/29).
The major areas
addressed by UNCLOS are:
·
Limits of marine zone. (Territorial sea, contiguous
zone, exclusive economic zone, and continental shelf)
·
Rights of navigation, including through straights used
for international navigation.
·
Peace and security on the oceans and seas.
·
Conservation and management of living marine resources
·
Protection and preservation of the marine environment
·
Scientific research
·
Activities on the Sea bed beyond national
jurisdictions
·
Procedures for settling disputes between States.
Several other
International treaties and protocols which sets out procedures and
legal framework for the sustainability of the ocean and marine
environment. Some of these include:
·
International Convention for the prevention of Pollution from Ships,
1973, as modified by the protocol of 1978 relating thereto (MARPOL
73/78).
·
Convention on the Prevention of Marine Pollution by dumping of
wastes and other matter, 1972 (London Dumping Convention).
·
Basel
Convention on the Control of Trans-boundary Movements of Hazardous
Wastes and their Disposal, 1989 (Basel Convention).
- African
Convention on the Conservation of Nature and Natural Resources
1968.
- International
Convention on the Establishment of an International fund for
compensation for Oil Pollution Damage, 1971.
- Convention on
the Protection of World Cultural and Natural Heritage, 1972.
- Convention on
International Trade in Endangered Species, 1973.
- Convention on
Conservation of migratory species of wild animals 1979.
- RAMSA
Convention 1971 amongst others
Nigeria has many
existing national, state and local government legislations and
edicts with the ultimate goal of the sustainable management of the
coastal and marine areas. Some of these include:
·
Environmental Impact Assessment legislation
(Environmental Impact Assessment Decree No.86 of 10 December 1992).
·
Federal Environmental Protection Agency Decree No.58
of 30 December 1988 as amended by Decree 59 of 1992 and further
amended by Decree 14 of 1999.
·
National Effluent Limitation Regulation (FEPA), 1991
·
National Environmental Protection (Pollution and
Abatement in Industries in Facilities Producing Waste) Regulations,
1991
·
Environmental Impact Assessment Decree No. 86 of 10
December 1992
·
Environmental Impact Assessment—Procedural Guidelines,
(FEPA), provides guidance on the content of an EIA.
·
Harmful Waste Decree No. 42 0f 25 November 1988:
Harmful Wastes (Special Criminal Provisions etc.)
·
Regulations S.I.8, S.I.9. S.I.15 of 15 August 1991:
National Environmental Protection (Pollution Abatement in Industries
and Facilities Producing Waste) Regulations.
·
National Environmental Protection (Management of
Solid and Hazardous Wastes) Regulations.
·
FEPA Regulations 1991, Article 2 on Waste Notification
·
FEPA solid and Hazardous Wastes Management Regulations
1991 on ‘cradle-to-grave’ Waste Management.
·
Regulations of 15 August 1991: National
Environmental Protection (Effluent Limitation) Regulation.
·
Regulations of 15 August 1991: National
Environmental Protection (Pollution Abatement in Industries and
Facilities Producing Waste) Regulations.
·
Ordinance of 23 May 1937: Forest Ordinance- Northern
Region.
·
Decree No. 36 of 26 August 1991: Federal National
Parks Decree.
·
Environmental Regulations Governing Environmental
Protection.
·
Forestry Ordinance
of 1937
·
Mineral Act of 1946
which affirms ownership of all minerals as property of the
Government
·
Petroleum control
Act 1968
·
Petroleum Drilling
and Production Regulation 1969
·
Petroleum Act 1969
which established the right of Nigeria to exploit petroleum and gas
in Nigeria’s EEZ
·
Wild Animals
Preservation Law 1972
·
Forestry Amendment
Edict 1973
·
Exclusive Economic
Zone Decree 1978, which established an EEZ of 200 nautical miles
adjacent to the Territorial Sea
·
Crude Oil
Transportation and Shipment Regulations 1984
·
The Endangered
Species Decree 1985
·
Federal
Environmental Protection Agency (now Federal Ministry of
Environment) Act 1988 cap. 131
·
Associated Gas
Re-injection Act cap.20 1990
·
Harmful Waste Act
cap 165 1990
·
Land use Act cap 202
1990
·
Natural Resources
Conservation Agency Act cap 285 1990
·
Oil in Navigable
Waters Act cap 1990
·
Sea Fisheries Decree
1992.
Perhaps the greatest
constraint in the present legal framework has to do with
enforcement. Where laws are adequate, they are hardly enforced. The
compliance enforcement of the Environmental law is very low. The
ecological funds set aside by government needs to be prudently spent
on viable projects that will ensure sustainable management of the
coastal and marine environment.
The Global Programme of Action for
the Protection of the Marine environment (GPA) of the United Nations
Environmental Programme is to facilitate “the realization of the
duty of States to preserve and protect the marine environment. It is
designed to assist States in taking actions”. The development of
a national Plan of action for Nigeria (Awosika et. al. in press)
within the context of the GPA will provide a comprehensive yet
flexible framework to preserve and protect the marine environment
from sewage, physical alterations and destruction of habitat,
nutrients, sediment mobilisation, persistent organic pollutants,
oils, litter, heavy metals and radioactive substances.
CONCLUSION
The present focus on
the ocean and marine environment by the United Nations, national
governments, private industries, Non governmental organisations is a
pointer to the fact that there is urgent need to put in place
programmes that will ensure the health of our ocean and the marine
environment which provides us with life. The Global community,
States and all stakeholders owe it as duty to provide the existing
legislative tools and infrastructure that will ensure the
sustainability of the ocean. Nigeria, a country that relies mainly
on coastal resources cannot afford not to be part of this global
effort. Nigeria must hence enhance the existing resources and
infrastructures that have been put in place to ensure the
sustainable management of the ocean and marine environment. The need
for a National Plan of Action for the management of the Nigerian
marine environment cannot be ever emphasised.
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