UPDATE: The Right to a Safe and Healthy Environment in Nigeria amidst the COVID-19 Pandemic

Contributed by Ayodele Babalola 

UPDATE

A few days after publication of the blog post below, in which I extensively discussed the need for waste management to be classified as an essential service in Nigeria, the Presidential Task Force (PTF) on COVID-19 classified waste management as an essential service in the fourth page of the Guidelines on Implementation of Lockdown Policy (Implementation Guidelines). The Implementation Guidelines was issued to give further guidance on the implementation of the COVID-19 Regulations 2020 (COVID-19 Regulations) issued by the President of the Federal Republic of Nigeria (PFRN). The Implementation Guidelines only covers Lagos, Ogun and the Federal Capital Territory which are places covered by the PFRN’s COVID-19 Regulations.

This is a good start but there is still a need for follow up guidelines on how medical waste will be specifically tackled in the three places covered by the Implementation Guidelines. As for the thirty four other states in Nigeria, I will keep urging their governments to follow suit by classifying waste management as an essential service in their various states and following up with specific guidelines to tackle waste management during this period.

Introduction

The outbreak of the COVID-19 pandemic has so far resulted in over 350,000 confirmed cases globally with countries like Italy, China and the United States hitting high numbers. In Nigeria, there have been 111 confirmed cases of the pandemic with majority of the cases in Lagos and Abuja. This development led to a presidential directive by the President of the Federal Republic of Nigeria (PFRN) for the cessation of all movements in Lagos and the Federal Capital Territory (FCT) for an initial period of fourteen (14) days with effect from 11pm on Monday, 30 March, 2020. This restriction also applies to Ogun State due to its proximity to Lagos. Establishments offering services considered to be essential were exempted from the restrictions. Some of the state Governors closed their state’s borders and imposed curfews while also exempting essential services from imposed restrictions. While some commentators have criticized the numerous executive directives as not being backed by law, this write-up focuses on the absence of waste management services on the list of “essential services”. This is a problem.

The National Response Strategy and Management of COVID-19 in Nigeria

The response by the Nigerian federal government to COVID-19 was vividly captured by the President of the Federal Republic of Nigeria (PFRN) in his address on 29 March, 2020. The PFRN informed Nigerians that the federal government is taking a two-step approach in combating the pandemic – protection of the lives of Nigerians and residents; and preservation of the livelihoods of workers and business owners. The PFRN also informed Nigerians about the introduction of healthcare measures, border security, fiscal and monetary policies by the federal government. These include: creating a presidential task force to spearhead the national response strategy; total closure of land borders; shutting down of Lagos, Abuja, Kano, Port-Harcourt and Enugu airports to international flights; cutting of interest rates to 5% by the Central Bank of Nigeria; reduction of petrol pump price to One Hundred and Twenty Five Naira (N125) per litre; closure of universities and unity schools; travel ban on fifteen (15) countries; cancellation of visas already issued from the high risk areas cancelling visa on arrival; and shutting down of mass congregation. There has been collaboration between the federal and state governments in the area of training of medical personnel by the National Centre for Disease Control (NCDC). The PFRN directed the cessation of all movements in Lagos and the FCT for an initial period of fourteen (14) days with effect from 11pm on Monday 30th March, 2020. Ogun State was also included due to its proximity to Lagos and the high traffic between the two states. Residents in those places are to remain at homes while travel to or from other states are prohibited for the period. The restriction also entails full closure of all businesses and offices except those exempted by the directive.

According to the directive, the exempted organizations which can be regarded as necessary services include:

  1. Hospital and related medical establishments including healthcare products manufacturers and distributors.
  2. Commercial establishments such as:
    • food processing, distribution and retail companies;
    • petroleum distribution and retail entities;
    • power generation, transmission and distribution companies;
    • private security companies; and
    • telecommunication companies, broadcasters, print and electronic media staff who can prove they are unable to work from home.
  3. Seaports in Lagos and drivers conveying essential cargoes therefrom
  4. Vehicles conveying food and other essential humanitarian items.
  5. Key players in the financial services – particularly banks (skeletal services).

Even though security agencies were not clearly listed, it goes without stating that they will be on ground to enforce compliance. At the National Assembly (NASS) the Senate suspended public hearings and banned receiving visitors in the NASS. The House of Representatives passed the Emergency Economic Stimulus Bill – a bill for an Act to provide for tax relief, suspension of import duty on selected medical goods and deferral of residential mortgage obligations. The fiscal stimulus provided under the Bill includes job protection, deferral of mortgage payments and import duty waiver.

Efforts by the State Governments in Nigeria to combat the spread of the COVID-19 within their states

At the state government level, the National Governors Forum (NGF) set up a sub-committee to review the trend and advise the federal government accordingly. The states (exposed and unexposed) are also taking individual actions to combat the spread. Some state actions are produced here.

  1. The Governor of Rivers state has by fiat banned entry into and exit from the state by air, land or sea.
  2. The Governor of Kano state has similarly closed the state’s land and air borders, and ordered civil servants to stay at home for fourteen (14) days.
  3. The Governor of Kogi state similarly closed its borders.
  4. The Governor of Lagos has suspended gatherings with more than twenty (20) people and non-essential commodities market for four (4) weeks and ordered stay at home for schools for fourteen (14) days. These measures has led to a surge in prices of food items in Lagos due to panic buying, for example – at some point, a basket of tomato which previously sold for Four Thousand Naira (N4,000) went as high as Fourteen Thousand Naira (N14,000). The Lagos State House of Assembly also passed a Bill to combat the spread of COVID-19. This Bill has been forwarded to the Governor for assent.
  5. The Governor of Kaduna state invoked the Quarantine Act, state public health law and also imposed a curfew throughout the state. Residents are to stay at home and no office, business or worship place is allowed to be open. Essential service workers – health workers, fire service and security personnel are exempted. The curfew will be strictly enforced by security personnel.
  6. The FCT restricted business, religious, educational and commercial activities.
  7. The Enugu state government insured doctors and essential service workers
  8. The Governor of Imo state closed its land borders and banned religious gatherings.
  9. The Osun state government also announced a total lockdown.
  10. The Governor of Ogun state announced closure of borders for 2 weeks.
  11. The Governor of Ekiti also announced a lockdown and imposed a 12-hour curfew daily.

Incorporating waste management as an essential service to preserve public health and the environment

A major step in preserving public health and ensuring environmental sanitation in Nigeria during this COVID-19 pandemic is for waste management services to be declared as part of essential services by the three tiers of government. Additionally, it is necessary for emergency guidelines for waste management to be put in place during this period. The responsibility for this lies essentially with the state government but all hands should be on deck during these times.  

The United Nations Environment Programme (UNEP) has joined many other voices in calling for governments to treat waste management, including medical, household and other hazardous waste, as an urgent and essential public service in order to minimize possible secondary impacts upon health and the environment.

Presently, medical and hazardous waste are being generated including infected masks, gloves and other protective equipment together with a higher volume of non-infected items of the same nature. The pandemic has brought about the increased use of protective masks, tissue papers and gloves across the country thus there is an urgent need for a special strategy to meet this new development. This strategy will definitely entail waste management services being classified as essential by the state and federal government. Waste management does not need to be restricted in any manner at this point. Waste generators also have to be properly educated on proper waste packaging especially with respect to products like masks, gloves and tissue papers. Additionally, since more people will be staying at home during this period, it is also logical to assume that more household waste will be generated. Conversely, there is the likelihood of a reduction in commercial waste due to the shutting down of non-essential businesses.

It is time for the Nigerian government to act to prevent unforeseen “knock-on” effects on human health and the environment. Anything short of this is a violation of the right to life of Nigerian citizens which is guaranteed under the Nigerian Constitution and enforceable in the courts as a matter of urgency. An applicant can seek to enforce the right to general satisfactory environment and  the  corresponding  duty  of  the  State  to  protect  and  improve  the  environment  under  the  African  Charter by  way  of  an  Application  recognized by the Fundamental Rights Enforcement Procedure Rules (FREPR). An applicant can also seek a Chapter IV (Right  to  Life)  constitutional  action  which  argues  that  environmental  actions  or  omissions  that  have  deprived,  or  are  likely  to  deprive, persons of their lives and immovable property are subsumed under the right to life and property. In the present circumstance however, a policy action by the political branches rather than a judicial action is the way to go due to the urgency needed to address waste management as an essential service.

Conclusion

Governor Andrew Cuomo recently issued the Guidance on Essential Services under the “New York State on PAUSE” Executive Order – a policy to assure uniform safety for everyone effective 22 March, 2020. Under this Guideline, trash and recycling collection, processing and disposal is listed. It has become pertinent for Governors in Nigeria to set out policies and regulations categorizing waste management service as essential services and putting in place measures to ensure that in carrying out the picking, transferring and recycling garbage, the highest standard possible is employed. This is because waste collectors during this period will be exposed to potentially coronavirus-contaminated garbage. A business as usual approach is dangerous to both public health and the environment. The time to act is now.

Feature image credit: OpenUpEd