While in two weeks time, negotiators from around the world will get together in Montreal and talk for two weeks on how to take action on climate change, important developments occur in a different part of the world. In Benin City, for example.

Where? I hear you ask. In Benin City, Nigeria, the Federal High Court of Nigeria gave a landmark judgement on the relation between polluting activities, which impact on climate change, and human rights. It ordered Shell to stop flaring gas in Nigeria’s delta, calling it “a gross violation of their fundamental right to life (including healthy environment) and dignity of human person. More specifically, Shell had failed to comply with the national laws on conducting an environmental impact assessment.

Shell, as well as several other major oil companies, such as ExxonMobil, ChevronTexaco and TotalFinaElf have been exploiting oil in Nigeria via joint ventures with the state-owned Nigerian National Petroleum Corporation for some decades now. There is a lot of resistance from local communities, who endure the impacts of the oil exploitation, including flaring, on their environment and health. This resistance led in 1995 to activist Ken Saro-Wiwa and eight others being hanged. So not only is this an environmental matter, the presence of Shell and other oil companies also leads to unrest and conflicts in the poverty-stricken country.

As for the environmental impacts, the World Bank has indicated that “natural gas flaring has contributed more emissions of greenhouse gases than all other sources in sub-Saharan Africa combined”!!

So, undoubtedly, it’s great and exciting news to see that the Nigerian Court recognises the injustice in the country, and that it considers environmental questions in the light of basic human rights. Of course, it’s difficult to see to what extent this will change the world. What will be the results of Shell’s appeal? Will Shell comply with the Court’s order? If so, will other companies follow Shell’s example? Will other courts (in all parts of the world) be as courageous as the Nigerian one? Only time will tell, I guess. But nevertheless, it is good to see that even if the leaders of the world can’t agree to take action in Montreal, these bottom-up approaches to environmental justice are happening.