Nigerian water policy and law a need for global compliance martindale.com shell gas credit card 5

###########

There have been proactive global reforms in the entire global water sector in the last decade. electricity font Reforms in policy formulation, law and regulation, technical aspects etc. This trend had been become inevitable with the reoccurring water crisis worldwide. “ Water is vital for the life and health of people and ecosystems and a basic requirement for the development of countries around the world, women, men and children lack access to adequate water and safe water to meet their basic needs” 1 . ‘It has been reported that about 500 million persons in over 29 countries face water shortage.’’ 2 “Then over a billion persons worldwide do not have access to safe drinking water and sanitation.” 3 In Africa and particularly Nigeria, the entire water sector law has undergone little growth in the last decade and is in dire need of structural reforms to become aligned with contemporary modern global trends. The purpose of this article is to evaluate current Nigerian policies and law on water resources and suggest expected improvement in compliance with current global water reforms.

Section 20 Chapter 11 of the Constitution of the Federal Republic of Nigeria 1999 provides that “The state shall protect and improve the environment and safe guard the water, air, land, forest and wild life in Nigeria”. 5 Under the second schedule, part 1, item 64 of the same constitution, the Federal Government of Nigeria has exclusive jurisdiction on primary water matters from sources affecting more than one state as maybe declared by the National Assembly. The same constitution grants exclusive legislative powers to the Federal Government of Nigeria such as fishing in rivers and lakes in item 29, maritime shipping and navigation in item 36 all of part 1, second schedule of the 1999 Nigerian Constitution. Therefore, the sourcing, production, supply and distribution of water other than those stated above falls under the concurrent legislative list under part 11 of the 1999 Constitution. Each federating state is permitted by the Constitution to legislate on water matters as it affects such state. Besides the Constitution of the Federal Republic of Nigeria, there are several federal and state laws that regulate the supply and usage on water in Nigeria as water is a complex and multifarious compound.

The Water Act gives the Minister for Water Resources very wide powers on water regulation such as to issue licences of water, storage, pumping or use of commercial scale or construction, maintenance, operation, repair of any borehole or hydraulic works etc. The Minister may also define places from which water may be taken or used, fix times of actual anticipated shortage of water, amount of water which may be taken to by any person, prohibit temporarily or permanently, taking or use of water that is hazardous to health, revoke the right to use water where such right overrides public interest, require to be examined or license any drilling operations, regulate, place, depth, manner of construction of borehole or well. gas mask tattoo The Minister in the discharge of his duties is to make provision for adequate supply of suitable water for animals, irrigation, agriculture, domestic and non domestic use, generation of hydro electrical energy, navigation and recreation, drainage, safe disposal of sewage, prevention from pollution, prevention from flooding, soil erosion, reclamation of land, protection of the environment etc.

There are several other factors hindering the growth and development of Nigerian water companies such as finance, technology, manpower, expertise, etc. There will be a need to build institutional capacities for Nigerian water companies through new deliberate water policy and laws. It will solve the problems of lack of basic water needs, infrastructural problems, improved human management of water resources through regular training courses, cooperation with experts in other countries etc. j gastroenterol Several water companies in Nigeria are small and medium size companies. Large water projects in Nigeria are contracted to foreign companies such as RCC, Gilmoor, SCC, Sarplast, CGC etc. The largest water companies globally earn billions of dollars from water operations annually. on q gas station okc Vivendi makes an annual turnover of over $48 Billion dollars with an operating profit of nearly $3 Billion annually and has a staff strength of 290, 000. Vivendi Environment (subsidiary of Vivendi) earns over $24 Billion annually with an operating profit of nearly $2 Billion and has a staff strength of over 200, 000. ONDEO owned by Suez earns over $8 Billion and has an operating profit of about $3.5 Billion annually with a staff strength of over 17, 000. There is a need for a deliberate policy to develop Nigerian water companies to compete with international standards through consolidation of existing companies, empowerment, assistance etc.

There is an urgent need for the domestication and incorporation of international water laws and conventions on water security and disaster management. gas blower will not start They include the International Maritime Organization Facilitation Convention, port security and control, hazardous and dangerous goods as in Hazardous Substance Code, safety requirements such as safety of life at sea (SOLAS), Search and Rescue Convention (SARS), International Safety Management codes (ISM), maritime pollution, standard training, certification of personnel and ports, load lines convention, safe containers, tonnage, collision regulation, London Convention, Oil pollution Convention, integrated port safety, health and environmental protection systems etc. Already a national facilitation committee has been set up to incorporate these laws into Nigerian laws made up of the staff of Federal Ministry of Transport, Nigerian Maritime Authority, Nigerian Ports Authority, Immigrations, Customs, security agencies, ship owners, shipping agents, etc.

Fortunately, there abundant international precedents to follow in the resolution of international transboundary disputes. Usually, the mode of managing transboundary water courses is by consensus of all the adjourning countries and states. At the 1 st Petersberg Round Table on Global Water Politics Declaration held in Germany in 1998, it was agreed by all attendants that “Water is an avenue for intensive cooperation and an exchange of corresponding experiences.“ At the Berlin Conference for Tranboundary Water Management held in 1998, the framework for transboundary water management was summarized to include among others the “sharing benefits and cost of water, proper management and financing of these transboundary waters, expanded cooperation between commissions, legal framework for resolutions of transboundary disputes etc” Besides consensus, compliance and its effects has become the new targets of international conventions as agreed at the “Geneva Strategy and Framework for monitoring Compliance with agreements on transboundary waters, 1999.”Round table discussions and negotiations have already been used to resolve transboundary water disputes in the Baltic Sea region of Europe in 1999 and on going Nile Basin water dispute resolution. Nigeria should endeavour to domesticate these international conventions into our local laws.