Niger's Pollution Regulations: What's The Status?

Niger is facing a pollution crisis, with the country topping the list for air pollution in Africa. The country's air has a concentration of physical pollutants that exceeds eight times the rate recommended by the World Health Organization (WHO). This is largely due to mining activities, petroleum, cement, brick industries, dust from the Sahara Desert, and vehicle emissions. While Article 35 of the Constitution of Niger guarantees the right of every person to a healthy environment, the country has struggled with poor enforcement of pollution standards and addressing the health and environmental risks associated with pollution. This is further exacerbated by a lack of monitoring studies and inadequate equipment and personnel to effectively study and address the issue.

Niger's air pollution

Niger has the highest level of air pollution in Africa. The country's atmosphere contains up to 80.1 micrograms of physical agents per cubic meter (m3), which is eight times the rate recommended by the World Health Organization (WHO). This level of pollution has serious consequences for human health and the environment.

Air pollution in Niger is caused by several factors, including mining activities, petroleum, cement, and brick industries, dust from the Sahara Desert, and vehicle emissions. Niger's location in the Sahara Desert makes it particularly susceptible to dust and sandstorms, which contribute to the high levels of air pollution. In addition, poverty, poor enforcement of pollution standards, and a lack of awareness about the health risks associated with pollution are also contributing factors.

The Constitution of Niger (2010) guarantees the right of every person to a healthy environment and obliges the state to protect the environment for present and future generations. However, there is a lack of effective monitoring and enforcement of pollution regulations in the country. Niger's national report to the CBD includes the strategic objective of reducing various types of pollution, including air pollution, and improving the management of mining and industrial waste. Despite these efforts, Niger continues to struggle with enforcing pollution regulations and reducing the high levels of air pollution.

The effects of air pollution in Niger are widespread and concerning. The high concentration of physical pollutants in the atmosphere prevents photosynthesis in flora, contributing to a reduction in the purification of the air breathed by humans. This pollution also leads to the formation of acid rain, which alters the chemical composition of soil and freshwater, affecting food chains. The health consequences of air pollution are also significant. Tiny particles called PM2.5 irritate the eyes, nose, and respiratory system, and long-term exposure can aggravate heart and lung disease.

In addition to air pollution, Niger also faces water pollution issues, particularly in the Niger Delta region. Oil companies such as Shell have been accused of polluting the Niger Delta, with tens of thousands of people suffering from contaminated water and soil. Despite promises and clean-up efforts, vast areas remain heavily contaminated, impacting the health and well-being of local communities.

Water pollution

Niger is facing a water crisis, with a lack of access to clean water and sanitation facilities. The country is one of the poorest in the world, and this, coupled with poor soil conditions, an arid climate, and frequent droughts, makes it difficult for the government to provide public services like clean water. Niger ranks near the bottom of the United Nations Human Development Index.

The availability of clean drinking water is low, with large disparities between urban and rural areas. In the Tillabéri region, 92% of the population lives in rural areas with a chronic shortage of clean water, especially during the hot season. The situation is similar in Téra, where only 40% of the 30,000 residents have access to a functioning public water system.

The government has made efforts to improve the situation, such as opening 10 boreholes and installing a water treatment plant in Téra in 2018. However, the water source dried up, and the plant was forced to close. The European Investment Bank is also working with the Niger water authority to find solutions, and UNICEF supports the government in improving access to safe drinking water.

Article 35 of the Constitution of Niger (2010) guarantees the right of every person to a healthy environment and obliges the State to protect the environment. The Water Code specifies that water management aims for the sustainable, equitable, and coordinated use of water resources. Ordinance 2010-09 of April 1, 2010, amends the Water Code to address various sources of pollution and means of combating them.

Despite these efforts, water pollution remains a significant issue. The Niger River, which passes through several major cities, receives direct discharge of wastewater and other polluting substances, often without environmental consideration. Upstream dam development and increased water use for agriculture also threaten water access. Lake Chad, another vital water source, is at serious risk due to climate change, with its surface area shrinking drastically.

The lack of access to clean water and sanitation has severe health consequences. Water-related diseases and poor hygiene practices are leading causes of death among children under five. Open defecation, practiced by over 70% of the population, also impacts health, nutrition, education, and economic development.

Niger's Constitution and pollution

Niger has the highest air pollution levels in Africa. The country's air has a concentration of physical pollutants that is eight times the rate recommended by the World Health Organization (WHO), which is 10 micrograms of fine particles per cubic meter. Niger's atmosphere concentrates on average up to 80.1 micrograms of physical agents per cubic meter.

Article 35 of the Constitution of Niger (2010) guarantees the right of every person to a healthy environment and obliges the State to protect the environment in the interest of present and future generations. A key legislative instrument related to water pollution is the Ordinance 2010-09 of April 1, 2010, amending Law 98-014 of December 7, 1998, on the Water Code in Niger. Several articles in this text address various sources of pollution and ways to combat them.

Despite Niger's efforts to address pollution, national communications from 1990 to 2014 show an increasing trend in environmental pollution. The Niger River, which passes through major trading, agro-processing, and industrial cities, is often contaminated by wastewater and other polluting substances discharged directly into it, with little regard for the environment. The national governments of the countries through which the river flows struggle to address the accumulated environmental issues and effectively manage and prevent pollution from industrial activities.

One strategic objective of Niger's Fifth National Report to the CBD is to reduce various types of pollution. Actions will focus on combating the spread of invasive species and improving the management of household, mining, and industrial waste, effluent discharges, and chemical pollution. Niger has also implemented projects funded by the Global Environment Facility (GEF) to improve integrated water resources management for communities and ecosystems' resilience.

While Niger's constitution and various initiatives recognize the importance of addressing pollution, the country faces challenges in effectively implementing measures and reducing pollution levels, particularly regarding air and water quality.

Niger Delta pollution

Niger has the highest rate of air pollution in Africa, with a concentration of physical pollutants that exceeds eight times the rate recommended by the World Health Organization (WHO). The country's air has an average of 80.1 micrograms of physical agents per cubic meter (m3). This level of air pollution has serious consequences for human health and the environment.

The Niger Delta, a region in southern Niger, has been at the centre of international controversy over devastating pollution and human rights violations. The advent of oil production has negatively impacted the region due to unprecedented oil spillage over the past five decades, making the Niger Delta one of the most polluted places on Earth. Oil and gas extraction have caused large-scale, continued contamination of the water and soil in communities across the region.

Oil spills have ruined the water and land relied on by Niger Delta residents for farming and fishing, their sole source of food and income. The pollution has cost many residents their livelihoods, sparking local uprisings and attacks on oil sites that are often violently quelled by Nigerian security forces. Oil companies like Shell have been accused of negligence and greenwashing their image while tens of thousands of people continue to suffer from the pollution.

In 2011, the United Nations Environment Programme (UNEP) documented the devastating impact of the oil industry in Ogoniland, a community in the Niger Delta, and set out urgent recommendations for a clean-up. However, a 2021 investigation by four NGOs revealed that work had only begun on 11% of planned sites, and vast areas remain heavily contaminated. The Nigerian government launched a $1 billion clean-up and restoration program in 2016, but it has been ineffective.

The environmental degradation caused by gas flaring, dredging of larger rivers, oil spillage, and land reclamation due to oil and gas extraction across the Niger Delta costs about $758 million every year. 75% of this cost is borne by local communities through polluted water, infertile farmland, and lost biodiversity. The region could lose 40% of its habitable terrain in the next thirty years due to extensive dam construction.

Niger's pollution regulations and enforcement

Niger has the highest rate of air pollution in Africa. The country's air has a concentration of physical pollutants that is eight times higher than the rate recommended by the World Health Organization (WHO). The high concentration of physical pollutants in Niger's atmosphere has serious consequences for human health and the environment.

Article 35 of the Constitution of Niger (2010) guarantees every person the right to a healthy environment and obliges the State to protect the environment in the interest of present and future generations. A key legislative instrument related to water pollution is the Ordinance 2010-09 of April 1, 2010, which amends the Law 98-014 of December 7, 1998, on the Water Code in Niger. Several articles in this text are devoted to various sources of pollution and the means of combating them.

Despite these laws, Niger struggles with poor enforcement of pollution standards for air quality. There is a lack of monitoring studies on pollution in the country, and the systems for monitoring pollution and changes in natural resources linked to changes in air and water quality are inadequate.

One of Niger's strategic objectives is to reduce various types of pollution, including invasive species, and improving the management of household, mining, and industrial waste, discharges from effluents, and chemical pollution. However, the country's efforts are hindered by a lack of equipment, inadequate skilled personnel, and a poor policy framework.

In contrast, Nigeria, which shares a border with Niger, has implemented several initiatives to combat air pollution. In 2019, the National Environmental Standards Regulations and Enforcement Agency (NESREA) began working to halve air pollution by ensuring environmental compliance and enforcement. In 2016, Nigeria published a revised version of the National Policy on the Environment, which regulates air quality through NESREA. The country has also adopted comprehensive regulations for introducing cleaner fuel and vehicle standards, and established vehicle emission testing centres nationwide.

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