pay for the despoliation of polluted soils. Unfortunately, there is hardly a ray of hope
for victims of soil-related violence in Nigeria and even at the international level
presently, because the three main international treaties which contain relevant provisions on soil protection do not deal with violence.
These instruments include the UN Convention to Combat Desertification of 1994,
the Convention on Biological Diversity of 1992 and the Climate Framework Con
vention of 1992, and the Paris Agreement on Climate Change. The fact is that a
careful perusal of these international instruments (laws) reveals that the main aims of
the Desertification Convention are to combat desertification and to mitigate the
effects of drought. Whereas the Convention on Biological Diversity focuses on the
preservation and sustainable use of biological diversity, including terrestrial ecosystems, the Climate Change Framework Convention contains agreements on mitigation and adaptation measures, which include greenhouse gases sinks and reservoirs.
Although there is a regional, international law that deals with limited soil or land
governance, this African regional agreement is, to say the least, ‘a toothless bull dog’
without a functional secretariat due to lack of funds.
6 International Framework on Soil Governance
The significance of soil to humanity cannot be over emphasised. The Revised World
Soil Charter of 2014 describes soil as “a key enabling resource, central to the
creation of a host goods and services integral to ecosystems and human wellbeing.”
65 In spite of this indispensable value, soil has not received the desired
attention that guarantees its protection.
This neglect has cost the globe so much of productive soil. It is against this
backdrop that states, organisations and individuals have begun to meet at different
levels to proffer solutions to the challenge. The idea is to provide a legal framework
that can guide against the improper use of soil as well as restoring sustaining it for
future generations.
2015 was a turning point for soil governance all over the world. The first
international year of soil declared by UN was held in 2015 and 5th December was
declared World Soil Day that same year. Throughout the year, a lot of activities
connected to soil took place across the globe. In Germany, the International Year of
Soil was launched alongside two other conferences. Also, parties to the UNCCD at
the 12th Conference in October 2015 agreed in Ankara, Turkey to include the
objective of land degradation neutrality in its mandate. Although, “Attempt to put
in place an overarching regulations at the European level (European Soil Framework
Directive of 2016) failed due to a blocking minority of some European member
states that considered soil to be a domestic issue,”
66 the 7th Environmental Action
65 Boer and Hannam (2015).
66 Ginzky et al. (2016).
174
B. B. Orubebe
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