ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF HOST COMMUNITIES IN NIGERIA MINERAL AND PETROLEUM SECTORS: A COMPARATIVE ANALYSIS

Abstract

The various mis-management reports on exploration of natural resources in solid mineral and petroleum sectors in Nigeria have been a great concern in the ways at which the people of the host communities were been deprived of their full enjoyment to ESCRs. In this respect, two legislations were enacted namely Nigerian Minerals and Mining Act (NMMA) which adopted CDA approach and Petroleum Industry Act (PIA) which provided for the use of HCDT approach to respect and protect ESCRs of the people. For implementation, NMMA used Human Rights based method while PIA incorporated financial security. However, this paper attempted to critically analyse these two main legislations to be able to determine the extent at which both NMMA and PIA have been realised effectively in protecting ESCR of the HC. A doctrinal research method was used to explore International human rights instruments, and other legal and non-legal sources for comparative analysis. Findings showed that the approaches adopted by each one of the legislations did not fully protect the rights of HC due to certain limitations discovered. The conclusion based on the findings was that PIA and NMMA would have been very effective instruments to achieve community developments and also protect the rights of the people if only CDA approach of NMMA and HCDT approach of PIA are thoroughly reviewed and incorporated together to take care of the limitations. The paper therefore recommended that both sectors should liaise properly with each other and harmonize their approaches together to complement each other for effective implementation.