NUCLEAR RADIATION AS A PUBLIC HEALTH THREAT

NUCLEAR RADIATION AS A PUBLIC HEALTH THREAT: ANALYSING NIGERIA’S LEGAL FRAMEWORK FOR RISK MANAGEMENT AND RESPONSE

INTRODUCTION

Nuclear radiation, a silent but potent force, poses significant risks to public health worldwide. While often overshadowed by immediate crises such as pandemics or natural disasters, the long-term effects of nuclear radiation exposure can be devastating, ranging from cancer to genetic mutations.

Radiation is the emission of energy as electromagnetic waves or moving subatomic particles. Natural radiation comes from many naturally occurring radioactive materials found in soil, water, air and in the body. Every day, people inhale and ingest forms of radiation from air, food and water. Today, the most common artificial sources of human exposure to radiation are X-ray machines and radiopharmaceuticals used for diagnostic or radiotherapy and other medical devices. Excessive exposure to radiation may damage living tissues and organs, depending on the amount of radiation received.[1]

In Nigeria, a growing reliance on technology and industrial development has increased the potential for nuclear-related risks. Addressing these threats requires a robust legal and regulatory framework to mitigate risks, protect the population, and ensure environmental sustainability.

PUBLIC HEALTH THREATS OF NUCLEAR RADIATION

Nuclear radiation refers to the energy particles or waves emitted during the decay of radioactive materials. It is divided into two primary sources: natural and man-made. Natural sources include cosmic rays and radon gas, which emanates from soil and rocks. Man-made radiation stems from medical applications, nuclear power plants, industrial activities, and, potentially, nuclear weapons.

Natural and man-made radiation can both pose threats to public health, but they differ in their origins, intensity, exposure scenarios, and potential for control. Natural radiation comes from naturally occurring radioactive materials in the environment. These materials can naturally be found in the earth (soil, rocks, sun, etc.) and can cause direct exposure or terrestrial radiation. Naturally occurring radioactive elements such as carbon, potassium, uranium, thorium and radium can be found in the soil and find their way into our food and drinking water which can be ingested. Unless food products are contaminated as a result of a radiation emergency, levels of ingested radioactive materials in the environment are low and unlikely to affect human health. However, long-term exposure to high levels of radioactive materials can have health risk and cause illness (cancer).[2] Also, prolonged exposure to high-altitude cosmic radiation can marginally increase cancer risk for frequent flyers and astronauts.[3]

While low doses of radiation are part of everyday life, excessive exposure can have severe health consequences. For example, radon gas, a naturally occurring radioactive element found in soil and groundwater, is linked to lung cancer when inhaled over prolonged periods. Similarly, industrial mishandling of radioactive materials or accidental leaks from nuclear power facilities can lead to catastrophic health outcomes and environmental degradation.

Food and drinking-water can contain radioactive substances (radionuclides) that could present a risk to human health. The radiation exposure resulting from ingestion of radionuclides makes a contribution to the overall population radiation dose from the many different natural and human-made radiation sources of radiation found in our everyday lives. Foods and drinking-water can have a considerable range in variation of radionuclide concentrations, reflecting the radionuclide content of water, rocks, soil and fertilizers from where they originated and the prevalent circumstances (e.g. normal situations vs radiation emergencies).[4]

Radiation emergencies (including radiological and nuclear emergencies) may result from technological incidents, natural disasters, transport accidents, acts of terrorism, polluted environments, and may involve over-exposure from external sources or internally from contaminated air, drinking-water, foods and products. Large-scale nuclear accidents such as those that occurred in Chernobyl or Fukushima are rare but may affect millions and have global consequences. Globally, incidents such as Chernobyl (1986) and Fukushima (2011) highlight the urgent need for effective legal frameworks to manage nuclear risks.[5]

Man-made radiation comes from human activities and technologies, for example; x-rays devices, nuclear power plants, atomic weapons, industrial devices, etc. High-energy radiation, such as x-rays, gamma rays, alpha particles, beta particles, and neutrons, can damage DNA and cause cancer, they can also cause genetic and developmental effects in populations exposed to nuclear fallout. These forms of radiation can be released in accidents at nuclear power plants and when atomic weapons are made, tested, or used. [6]

Radioactive sources are widely used in various sectors in Nigeria such as Education and Research, Petroleum and Gas industry, Health, Agriculture and other sectors of its economy. Sequel to the above, The Federal Government of Nigeria has implemented all necessary programmes, policies and framework to express her commitment in the ratification of all international conventions related to radiation protection and nuclear safety which culminated to the accession to the Joint Convention on the Safety of Spent Fuel Management & Safety of Radioactive Waste Management as contained in the instrument deposited with the IAEA in 2007.[7]

Nigeria’s growing industrial landscape, coupled with increasing use of radioactive materials in medicine, agriculture, and energy, underscores the importance of nuclear safety. However, vulnerabilities persist:

  1. Inadequate Infrastructure: Many facilities using radioactive materials lack modern containment and monitoring systems, increasing the risk of accidental exposure.
  2. Limited Awareness: Public understanding of nuclear radiation risks is low, which can delay effective responses during emergencies.
  3. Geopolitical Risks: Emerging threats, such as potential sabotage or cyberattacks targeting critical nuclear infrastructure, amplify the urgency for preparedness.

International Legal Frameworks Governing Nuclear Safety

The international community has developed robust frameworks to address nuclear safety and radiation protection. Key instruments include:

  • International Atomic Energy Agency (IAEA): The IAEA provides guidelines, safety standards, and technical assistance to member states to ensure safe use of nuclear technology.
  • International Health Regulations (IHR 2005): Under these legally binding regulations, state parties must notify the World Health Organization (WHO) of public health emergencies involving radiological or nuclear materials.
  • Convention on Early Notification of a Nuclear Accident: This treaty mandates prompt communication of nuclear incidents that may have transboundary impacts.

These frameworks emphasize global cooperation and capacity building, offering Nigeria a foundation to strengthen its domestic regulatory environment. Despite Nigeria having taken steps to ensure compliance with these international frameworks, there are still gaps in our legislations on areas ensuring the proper use of radioactive materials and enlightenment of its citizens on low-term exposure to these radioactive materials.

NIGERIA’S LEGAL FRAMEWORK FOR NUCLEAR RADIATION

The Nigerian Nuclear Regulatory Authority (NNRA) is responsible for regulating the management of radioactive materials of the Nuclear Safety and Radiation Protection Act.[8] In ensuring compliance with international obligations, Nigeria have enacted laws and policies that seeks to protect humans and the environment from the prolonged effect of radioactive materials. Some of these regulations includes;

  1. a) Nigeria Environmental Standards and Regulations Enforcement Agency Act 2007
  2. b) Petroleum Industry Act 2021
  3. c) National Office for Technology Acquisition and Promotion (NOTAP) Act of 1992
  4. d) Public Procurement Act of 2007
  5. e) The Electric Power Sector Reform Act, 2005
  6. f) National Policy on Energy

Globally, there have been nuclear incidents like the Chernobyl or Fukushima and if faced with similar incidents, Nigeria can prepare to respond to these incidents by developing a comprehensive framework for nuclear safety, emergency preparedness, and risk mitigation. While Nigeria currently has limited nuclear infrastructure, efforts are underway to expand into nuclear energy for electricity generation. Proactive measures can ensure readiness for potential nuclear emergencies.

Nigeria’s response to nuclear radiation risks is anchored in the Nigerian Nuclear Regulatory Authority (NNRA) Act of 1995. The NNRA oversees nuclear safety and radiological protection, with mandates to regulate the importation, use, and disposal of radioactive materials. Key objectives include:

  1. Protecting Public Health: Ensuring safety in activities involving ionizing radiation to prevent harm to life and property.
  2. Promoting Peaceful Uses: Regulating nuclear energy applications for development, such as medical imaging and agricultural innovation.

While the NNRA Act establishes a baseline for nuclear safety, it has several limitations:

  • Emergency Preparedness: The Act lacks comprehensive guidelines for developing and coordinating national emergency response plans for nuclear incidents.
  • Advancing Technology: Emerging risks, such as cyberattacks on nuclear facilities, are not adequately addressed.
  • International Alignment: The Act does not fully incorporate contemporary international best practices, limiting Nigeria’s capacity to engage in cross-border cooperation during radiological emergencies.

Gaps and Challenges in Nigeria’s Legal Framework

  1. Regulatory Oversight: The NNRA’s enforcement mechanisms are limited, reducing its effectiveness in monitoring compliance across industries.
  2. Public Awareness: Limited education campaigns leave citizens unaware of the risks posed by nuclear radiation and the safeguards in place.
  3. Resource Constraints: Inadequate funding and lack of technical expertise hinder the NNRA’s ability to fulfill its mandates effectively.

Recommendations for Strengthening Legal Preparedness

To build a robust framework for managing nuclear radiation risks, Nigeria must prioritize the following actions:

  1. Amend the NNRA Act: Introduce provisions for comprehensive emergency preparedness, response plans, and integration of emerging threats like cyberattacks. Emergency response protocols should be created in the Act to enhance collaboration with international bodies.
  2. Invest in Infrastructure: Develop modern containment facilities, monitoring systems, and secure storage for radioactive materials.
  3. Public Awareness Campaigns: Educate citizens on radiation risks and protective measures through community outreach, media campaigns, and school curricula.
  4. Capacity Building: Enhance training programs for NNRA staff and other stakeholders to ensure effective enforcement and compliance.
  5. Collaborate Internationally: Strengthen partnerships with organizations like the IAEA and WHO to access technical expertise and funding for nuclear safety initiatives.
  6. Leverage Technology: Adopt advanced tools, such as blockchain for tracking radioactive materials and artificial intelligence for monitoring facility vulnerabilities.

Conclusion

Nuclear radiation represents a significant public health threat that demands proactive measures. While Nigeria’s NNRA Act provides a foundation, gaps in emergency preparedness, public awareness, and resource allocation hinder its effectiveness. By addressing these challenges and aligning with international best practices, Nigeria can build a resilient legal and regulatory framework to safeguard public health and ensure sustainable use of nuclear technology.
Investing in nuclear safety is not merely a protective measure; it is a proactive strategy to protect lives, secure the environment, and uphold public trust in an era of rapid technological advancement.

[1] WHO, ‘Radiation and Health’ (www.who.int7 July 2023) <https://www.who.int/news-room/questions-and-answers/item/radiation-and-health>.

[2] CDC, ‘Facts about Radiation from the Earth (Terrestrial Radiation)’ (Radiation and Your Health20 February 2024) <https://www.cdc.gov/radiation-health/data-research/facts-stats/terrestrial-radiation.html>.

[3] World Health Organization, ‘Ionizing Radiation and Health Effects’ (www.who.int27 July 2023) <https://www.who.int/news-room/fact-sheets/detail/ionizing-radiation-and-health-effects>.

[4] WHO, ‘Guidance on Radiation and Health’ (www.who.int) <https://www.who.int/tools/compendium-on-health-and-environment/radiation>.

[6] National Cancer Institute, ‘Radiation’ (National Cancer Institute7 March 2019) <https://www.cancer.gov/about-cancer/causes-prevention/risk/radiation>.
[7] Nigeria Nuclear Regulatory Authority, ‘SIXTH REVIEW MEETIMG of the JOINT CONVENTION on the SAFETY of SPENT FUEL MANAGEMENT and on the SAFETY of RADIOACTIVE WASTE MANAGEMENT NIGERIAN NATIONAL REPORT’ (2017) <https://www.iaea.org/sites/default/files/national_report_of_nigeria_for_the_6th_review_meeting_-_english.pdf> accessed 3 December 2024.

[8] Section 4 and 6 of the Nigeria Nuclear Safety and Radiation Act 1995

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