What After Oil

Good morning, distinguished participants in this Public Forum. I have the privilege of welcoming us all to this event which is organized by the Shehu Musa Yar’Adua Foundation in partnership with Health of Mother Earth Foundation (HOMEF) and with the solid support of Ford Foundation. We hope this forum will trigger other inclusive engagements and platforms to help rouse us from slumber, ask ourselves frank questions, and take a peep at the energy and economic future of our country, Nigeria. 

The petroleum civilization is winding down. The handwriting has been on the wall for quite a while. The burning of fossil fuels has taken up the carbon budget and wrapped the earth with a thick blanket of greenhouse gases that have resulted in the hottest days in recent history and calamitous floods, wildfires, and other freak events. While climate change is a global crisis, we cannot deny the fact that we face peculiar impacts at both national and sub-national levels.

For one, the global shift towards more sustainable energy technologies is bound to provoke a precipitous reduction in global demand for hydrocarbon fossil fuels, such as coal, oil, and natural gas. With nearly 86 percent of Nigeria’s export value coming from fossil fuels, the global energy transition will have profound effects on our economy. The prospects of a zero-carbon future will also have a far-reaching environmental, social, and governance impacts on Nigeria. 

Most affected by this will be impoverished extractive communities who have been treated as sacrificial zones since the first commercial oil well was drilled at Oloibiri 65 years ago. The impacts of climate change are already being experienced through sea-level rise and coastal erosion. These impacts are multiplied by the massive pollution whose intensity going by NOSDRA reports amounted to 1,300 spills or an average of 5 spills a day in years 2018 and 2019. 

The global tumbling of oil fortunes has led to shifts in the calculations of fossil fuel companies. While some are rebranding through a change of name, others are shifting to other energy fields. And some are moving from onshore oil assets to offshore deep-water oil fields. 

This forum intends to build an understanding of the potential impact of the inevitable global energy transition on Nigeria. It also seeks to trigger improved inclusiveness in re-source governance and reduce the power asymmetry in climate action. Finally, we hope to see in what ways government can enhance commitment towards the implementation of policies, laws, regulations and initiatives that would lead to equitable economic, social, and environmental outcomes in extractive communities.

This is a pivotal public forum that will set the tone for further community-level engagements. Today we will be learning from economic experts and industry players as we figure out appropriate responses to the dramatic shifts unfolding before us. We are also looking forward to hearing from government officials and community representatives. We believe that even if energy shifts produce stranded assets, actions must be taken to ensure that we do not end up with stranded communities. 

Again, let me say what a great honour it is to welcome us all to the forum. Let us make this a major marker on the pathway to a Nigeria where every citizen has access to electricity and energy from clean, safe, and renewable sources. We look forward to a future where no territory will remain a sacrificial zone and where citizens are actively integrated into re-source ownership, management, and energy production.

16 September 2021

Politics of Turbulent Waters

The fact that Africa can be completely circumnavigated has advantages and disadvantages. One of the advantages is that the continent can be accessed by sea from any direction. This means that the seas can be a ready tool for wrapping up the continent and promoting regional integration and cooperation. We would be stating the obvious when we say that this spatial disposition has also made the continent prone to exploitation and assault. This position made it easy for Africans to be uprooted and relocated through slavery and this central location of the continent equally made it open to adventurers and colonizers. It is also noteworthy that key terrestrial infrastructure on the continent either begin or end at the shorelines.

The sea means a lot to Africa and her littoral states. The mineral resources and aquatic diversity have attracted entities with interest in legal activities and others with illegal intentions. With the world literally scrapping the bottom of the natural resource pot, there is a scramble for the sea and one way to sell the idea of limitless resources and opportunities has been to dream up the Blue Economy concept. In the publication, Blue Economy Blues, HOMEF stated:

To understand the Blue Economy, one needs to look at the concept that inspired its creation. That concept is that of the Green Economy. The Green Economy is another top-down concept that jars the organic relationship of humans with their physical environment as it essentially deconstructs that relationship and builds up on a philosophy that distances humans and other species from the environment and presents that environment as a thing to be manipulated, transformed, and exploited in a way that delivers gains along subsisting unequal power alignments.

African political leaders, including those at the African Union, are enamoured to the Blue Economy concept particularly when considering what can be done in the areas of fisheries, aquaculture, tourism, transport, shipbuilding, energy, bioprospecting, and underwater mining and related activities. The oceans and lakes simply appear to be spatially limitless and endowed with limitless resources. The truth is that these notions aren’t true.  African waters are among some of the most overfished waters, and this is often not for consumption in the continent. 

Our fisheries provide nutrition to about 200 million Africans and employment for over 35 million coastal fishers.Nevertheless, about 25 percent of fish catches in African waters are by non-African countries, according to an FAO report.

West African waters that have been among the most fecund have seen shrunken fish populations due to overfishing, illegal fishing and climate change. These illegal fishing activities are often carried out by large foreign industrial trawlers that travel over long distances with the help of harmful subsidies. It is said that about 65% of all reported illegal, unregulated and unreported fishing takes place in the waters of Gulf of Guinea.

The rush to exploit our oceans has manifested in criminal activities including sea piracy, waste dumping (oil spills) and stealing of fishes. Shockingly, 95% of all kidnappings at sea is said to happen in the Gulf of Guinea

Their catches are said to end up being used to feed livestock in Europe and the USA.  According to reports, these trawlers come from China, Russia and countries in the European Union. They catch more fish in one day than what an artisanal fisher would catch in a year. These unregulated and illegal activities largely go unreported. 

IPCC—Oceans warming faster than expected

Warming oceans lead to reduced fish populations and catches as fish migrate to cooler waters and away from equatorial latitudes. Ocean warming has been fingered as triggering more violent cyclones such as cyclone Idai, Kenneth, and Loise on the southeastern seaboard of Africa. The warming has also led to the destruction of coral reefs off the coast of East Africa. This clearly has impacts on fish stocks.

The sixth assessment report of the Intergovernmental Panel on Climate Change (IPCC) affirmed that 1.5C temperature rise above preindustrial levels may be reached by 2050 due to the continued dumping of greenhouse gases into the atmosphere. If drastic emissions cuts are not embarked on, the world is on track to overshoot the Paris Agreement targets thereby literally frying Africa and cooking our oceans. This will make nonsense of any notion of the Blue Economy, except that the oceans could become arenas for geoengineering experimentations aimed at sucking carbon out of the atmosphere or for some form of solar radiation management by pumping sea water into the clouds.

With temperatures rising and polar icecaps melting, the IPCC report assures that sea level rise stays on a steady course. The floods are coming. Submergence of coastal communities and cities will go from being a threat to becoming stark reality. We are already seeing deadly floods on virtually every continent. With sea level rise comes loss of coastal land and infrastructure, as well as loss of freshwater systems through salinization. For a continent that often suffers water stress and has the spectre of water conflicts hanging like the sword of Damocles, real action must be taken to counter climate change. 

One key action that must be taken is the outlawing of new oil or gas fields in our oceans and other aquatic ecosystems. The oil rigs and FSPOs (Floating Productions Storage & Offloading) cut off fishing grounds and engender human rights abuses by security forces who expose fishers to extreme danger just to ensure an expansive off-limits cordon ostensibly to protect oil company installations.

It is equally a time to halt the building of petrochemical refineries and other polluting industries (such as the one at Lekki Free Zone at Lagos) on seashores as they are sure to pollute the waters, poison the biodiversity and negatively impact the food chain. A phosphate factory at Kpeme, Togo, for example, pumps its  wastes into the Atlantic Ocean, literally fertilizing the continental shelf to death. Nutrient pollution can have devastating impacts on public health, aquatic ecosystems, and the overall economy. 

Blue economy sails on the highway of pervasive market fundamentalism that seeks to shrink public involvement in productive endeavours and yield the space for the private enterprises. Market fundamentalism blinds policy makers to the fact that the so-called efficient and profitable private sectors depend on subsidies and securities provided by the public sector. One only needs to think of the bailouts of financial institutions during economic meltdowns, and the elimination of risks by pharmaceutical companies in the race for COVID-19 vaccines. These are, of course, justified by overriding public interests.

The drive to support industries such as those producing plastics, and our love for disposable products, permit highly polluting materials such as plastics to be unleashed into our environment thereby causing great harm to our oceans and aquatic creatures. It has been said that there would be more plastics than fish (by weight) in the oceans by 2050.

Reports indicate that the production of plastics increased twentyfold since 1964 and reached 311 million tonnes in 2014. This quantity is expected to double again over the next 20 years and almost quadruple by 2050. It should be noted that the volume of petroleum resources needed to make plastics has been increasing steadily, and despite the highly visible pollution impacts the demands keep rising with only about 5% of plastics being effectively recycled and 40% ending up in landfill. 30% of the plastics end up in sensitive ecosystems such as the world’s oceans.

Already there is a plastic flotilla or a Great Plastic Patch in the Pacific Ocean that is euphemistically called the 8th continent. The patch is “three times the size of France and is the world’s biggest ocean waste repository, with 1.8 billion pieces of floating plastic which kill thousands of marine animals each year.” Sadly, those plastics will require hundreds of years to degrade if left floating out there.

The politics of economic development and market fundamentalism, allow what would ordinarily be unthinkable to happen. A drop of crude oil contaminates 25 litres of water making it unsuitable for drinking. Imagine how much water was polluted by Shell’s 40,000 barrels Bonga Oil spill of December 2011 or Exxon’s Idoho platform spill of similar volume in 1998. Shell’s Forcados terminal spill of 1979 dumped 570,000 barrels of crude oil into the estuary and creeks, while Chevron (then known as Texaco) released 400,000 barrels of crude oil in the Funiwa incident of 1980. Add to these the Ozoro-1 oil well blowout off the coast of Ondo State in April 2020 that has remained a crime scene more than a year after.

A little help from Nature

Once upon a time, our turbulent seas were embraced by verdant mangroves on our coastlines. Today the mangrove forests have been deforested for energy or to make way for infrastructure or urbanisation.  These forests are key components of a viable Gulf of Guinea. Without them the region has no answer to rampaging waves and sea level rise. The spawning ground for fish species and nurseries for the juveniles gets eroded and lost as mangroves get depleted. Oil pollution turns the mangrove forests into dead zones. Their deforestation opens up space for invasive nipa palms introduced to the Niger Delta in 1906 by a horticultural adventurer.

The call for restoration of mangrove forests must be supported and acted upon. This can be done in cooperation with community groups that are raising nurseries and demonstrating their efficacy through pilot efforts. Support by government can bring these efforts to scale and impact. Alternative energy sources also need to be provided for communities that depend on mangroves for fuelwood.

Protecting selected freshwater and marine ecosystems could be a way of securing thriving biodiversity in our oceans, seas, lakes, and rivers. However, such areas must be delineated with close attention to indigenous knowledge and the cultural protection norms of communities that depend on them for their livelihoods.  Top-down approaches to establishing protected areas end up dislocating communities, harming their economies, and eroding their cultures, spirituality, and dignity. Some of such areas are simply demarcated for officially sanctioned land and sea grabbing. They can, and have been, used as tools of oppression and exploitation. 

In an article titled “Protected areas must promote and respect rights of small-scale fishers, not dispossess them,” Sibongiseni Gwebani stated, “The concept of protecting an identified fishing area, designating marine spatial territory and linking this to specific regulations has a long history in South Africa. These have been influenced by the apartheid spatial planning legislation introduced in the 1960s. Large proportions of coastal land were forcibly cleared for either forestry or marine conservation by using racial segregation laws. The histories of all of the major marine protected areas in South Africa are shaped by racially based removals through land and seascape during the 1970s and 1980s.”

No Politics with our Seas

The statistics rolled out during Health of Mother Earth Foundation’s (HOMEF) School of Ecology on the Politics of the Sea, show a very disturbing situation in the Gulf of Guinea. The gulf has become one of the most dangerous maritime areas in the world. He informed that 90% of sea based environmental pollution footprint in the Gulf of Guinea takes place in Nigerian waters. The region is very laxly policed and is a zone of plunder with hundreds of thousands of stolen crude oil moving unhindered.

When we gaze at the ocean, creek, or river, let us think about life below the surface, not as an SDG goal, but as creatures that have rights to live and thrive as children of Mother Earth. Let us see our water bodies as arenas of life and remind ourselves that we are just a tiny fraction of the biomass of living beings on earth. The seas offer us a canvass for learning positive politics of life rather than scrambling to grab and trash whatever we can lay our hands on.

Coastal Communities Under Threat

Climate change and variability in Nigeria is starkly illustrated in the northern and southern regions of Nigeria by desertification and coastal erosion respectively. This is so because attention is often focussed on these phenomena in the North and in the South. The implication of this is that the extent of climate impacts in the region between the north and south is often underreported. These emblematic phenomena do not however tell the full story of environmental changes in the impacted communities in Nigeria’s northern region and in the coastal communities.

It should be noted that within regions, as among nations, climate impacts are unevenly distributed due to differential exposure to certain physical and socio-economic factors. Other factors that affect the distribution of impacts include community structure and organisation, risk perceptions, economic systems, and available resources.  

Nigeria’s 850 kilometres coastline is notably challenged by activities of oil industry in the Niger Delta and the mammoth refinery being constructed at Lagos. Deforestation is another key factor as the shoreline protection provided by mangrove forests is rapidly being lost. Canalisation and sand filling for infrastructural and urban development are other major factors. 

The attention paid to coastal communities also varies depending on whether such areas are urban or rural. The flooding and projected impacts of the refinery on Lagos, a mega city, attracts global attention, while smaller towns such as Ibeno and communities such as Uta Ewua, Ibaka or Ago Iwoye hardly get a mention.

Coastline communities depend on aquatic ecosystem resources to secure their livelihoods and maintain their cultures. A distortion of this environment brings about both subtle and direct impacts on the social, cultural, and economic lives of the people. Canalisation, for instance, and sea level rise, bring in salt water from the sea, thus contaminating freshwater sources. This brings about the stressful contradiction of living on water and yet having none to drink. Besides the pressure on potable water, the intrusion of salt water also alters the diversity of aquatic and terrestrial species in the territories. 

The threats of sea level rise to the Niger Delta are compounded by the fact that the region is naturally subsiding. This means that the net sea level rise here is higher than in other parts of Nigeria’s coastline owing to the unique combination of factors.

We often hear of the description of some ecosystems as being fragile. That fragility is not attributed to such areas because of an inherent weakness in the ecosystem but to camouflage the harm visited on them by corporations and individuals. Perhaps we should speak of sensitive ecosystems rather than fragile ones. In this sense, sensitivity places a duty of care and respect on humans and institutions led by them.

The fact that hydrocarbon pollution on the coastal communities of the Niger Delta is not restricted to communities that host oil company facilities is well known. When an oil spill occurs at an offshore rig or at a Floating Production Storage and Offloading (FPSO) vessel, the extent of the spread of the pollution cannot be predicted and can only be determined after the  act? Mobil offshore oil spill in 2012 off the Ibeno coastline spread as far as 32 kilometres from its source, devastating fisheries in the area. Multiple oil spills in the area in 2012 and 2013 led to the coating of the entire Akwa Ibom State coastline with crude sludge. 

Other incidents include the rupturing at the Forcados terminal of Shell Nigeria Production and Exploration Company(simply known as Shell) in 1979 where 570,000 barrels were emptied into the estuary and adjoining creeks. Chevron (then Texaco) had a major spill in 1980 at Funiwa, where 400,000 barrels of crude oil were emptied into coastal waters, and which destroyed 340 hectares of mangrove forests. Mobil also had 40,000 barrels spilling in January 1998 at their Idoho offshore platform. That spill affected at least 22 coastal communities.

One major offshore oil spill recorded in Nigeria is the Bonga oil spill of 11 December 2011 at Shell’s Oil Mining Lease 118 located 120 kilometres offshore. The oil company reported that 40,000 barrels were spilled, but the significance of this spill goes beyond the volume of oil spilled. It is significant because the oil company, Shell, claimed that it pumped the 40,000 barrels into the Atlantic Ocean in error, thinking they were pumping the oil into a tanker, MV Northia. An investigation of the incident found that the pumping of the crude oil into the ocean was because of an equipment failure at the FPSO. The oil spill spread over a large extent of the coastline. It was reported to have impacted 168,000 persons in 350 communities in Delta and Bayelsa States alone. 

Following the Bonga oil spill, the National Oil Spill Detection and Response Agency (NOSDRA) slammed a fine of $1.8 billion on Shell “as compensation for the damages done to natural resources and consequential loss of income by the affected shoreline communities.” NOSDRA also fined Shell another $1.8 billion as punitive damages. Shell refused to pay the fine and instead brought a case in 2016 to a Nigerian federal court challenging NOSDRA’s power to impose any fine on it. Two years down the road, the court dismissed the suit filed by Shell and found that NOSDRA was right to impose a fine of $3.6 billion on the offending oil company. That fine is yet to be paid by the oil major. While Shell and NOSDRA engage in their tug of war, the communities are left high and dry, suffering the impacts of the oil spill, and getting a signal that succour may not come after future incidences. The Artisanal Fishermen Association of Nigeria (ARFAN) continues to urge Shell to pay the fine imposed on it by the Nigerian government.

Of the 7 million artisanal fishers in Nigeria, 80% are found in the Niger Delta. These fishers produce about 9 million tonnes of fish locally, meeting only a fraction of the fish needs of Nigeria. Interestingly, some of the offshore oil fields are named after animal and fish species, probably to preserve the memory of species destroyed by oil company activities for posterity. An oil field is named after bonga fish, and another is named ebok or monkey. A lot of monkey business obviously goes on at those locations.

With the recalcitrant attitude of the polluting oil companies operating in Nigeria, coastal communities cannot depend on them in the struggle to maintain their aquatic ecosystems and defend their livelihoods. While communities are forced to live with these companies in their territories and off their coasts, they must take steps to protect their environment, livelihoods, culture, and overall dignity. Some of the necessary steps include a mapping of their ecological resources and preparing a matrix of what they had before and what have been lost due to multiple factors. Communities must equip themselves with knowledge on how to monitor their ecosystems as well as how to organise and advocate for the changes they wish to see.

Groups such as Health of Mother Earth Foundation (HOMEF), the FishNet Alliance and others work to learn from the existential struggles of vulnerable coastal communities and to support efforts to expose ecocide and end destructive extraction, overfishing and other harmful activities. We recognise that healthy aquatic ecosystems ensure the security of communities when their knowledge and conservation norms are respected. Community wisdom provides essential platforms for protecting shorelines from the ravages of raging waves, protect aquatic species and promote the wellbeing of the peoples. Efforts of communities to hold to account, individuals and corporations who wilfully inflict harms on their ecosystems must be adequately supported.

Talking points at HOMEF’s Coastal Community Fishers Dialogue/Training at Uta Ewua, Akwa Ibom State, Nigeria

Stilt Roots and Power

The vital place of the narrative strategy is in awakening memories and building consciousness for actionOver the past months we have experienced an evolving of our understanding of critical storytelling. We have seen the overturning of previously held notions and seen a surge for inclusive actions to provoke change. Initially we sought to tease out folktales and songs from centuries ago but while these exude a sense of nostalgia, the epistemic value of lived stories of struggles, defeats, and victories, of pollutions, degradations, deprivations, and resilience are more prevalent in our communities. These stories, poems and songs underscore our grasping of the bases of the resolute push for a shift in power modes, as well as a systemic power shift that are rising in our communities. While the stories cover broad power equations, they areall spurn and woven around the standing, suffocating or missing stilt roots of mangroves. 

The Niger Delta houses the 4th largest mangrove forest in the world. The livelihoods of coastal and indigenous peoples are inseparably coupled with mangroves which erode due to mangrove loss or degradation. Research shows that the Niger Delta mangrove ecosystem is the breeding ground of more than 60% of commercial fisheries in the Gulf of Guinea. Thus, degraded mangrove or losses in the Niger Delta affects fish production and the fisheries value-chain in the Gulf of Guinea. After over six decades of unmitigated oil and industrial pollution, Niger Delta mangroves are amongst the most degraded mangrove ecosystems globally, with a recent review of crude oil impact on mangrove showing that 37% of the global impact has occurred in the Niger Delta. 

Mangrove forests serve as coastal protection from storm surges and tidal waves. They are very valuable for climate change mitigation both by providing resilience to sea level rise, coastal erosion, and as very efficient carbon sinks. Sadly, an estimated 340,000 to 980,000 hectares of mangrove forests are lost or degraded annually due to activities of humans and corporations. Such destructive actions include crude oil and plastic pollution, unregulated harvesting, urbanization, so-called land reclamation, dredging activities and the spread of the invasive nipa palm. 

In the course of investigating the place of mangroves in the power equations in some communities, activists from CEHRDand HOMEF recently reached the conclusion that mangroves must be protected and that a key way to do this is through the use of indigenous knowledge and the revival of customs of community conservation of mangrove forests. While a mangrove forest is being preserved on the coast of Kono in Ogoni, there is a heavy threat by the fast-spreading Nipa Palm. These invasive palms were introduced into the Niger Delta by a colonial officer in 1906 in the belief that the Nipa Palms were more aesthetically pleasing than mangroves and were useful for beautification and beach erosion control.

At Bundu, a densely populated neighbourhood in Port Harcourt, there is urgent need to clean the mangrove ecosystem of the massive oil spills and plastics and to prevent further despoliation of the creek. Fishers in Bundu community recall that they used to have customary norms for protecting mangrove forests in certain parts of the territory, with some being used as cemeteries for the young. 

Both Kono and Bundu communities have traditional laws that debarred the people from harvesting mangrove woods or fishing in mangrove forests on certain days or periods of time. Except in Kono, this conservation mode has largely become history. Replacing Nipa Palms with mangroves in Kono and cleaning oil coated mangroves from Bundu must be a collaborative effort with the government and the community including local and international organizations. 

Mangroves play vital roles in shaping livelihoods and cultures in coastal communities. Their degradation also negatively impacts the cultures and spirituality of the people. Migratory fishers carry tales bound to these ecosystems wherever they go. 

The Shifting the Power Lines session of HOMEF’s School of Ecology brings Stilt Roots Stories from three continents – Africa, Latin America and Asia. Member groups of Oilwatch Network in the regions undertook the fishing out of stories connected to mangrove ecosystems. As the stories come, one recalls a visit to a vast area of destroyed mangroves at Magein the Guanabara Bay area not too far from Rio de Janeiro which the fisher folks euphemistically term the cemetery of mangroves.

During the visit in 2012, we met with members of Homens e Mulheres do Mar Association (AHOMAR) – Association of Men and Women of the Sea in the Guanabara Bay. That name did not include women initially, but after years of gender struggles, the role of the women had to be duly recognized and acknowledged in the name. One fisher pointedly told us about why they struggle to secure their livelihoods from the polluting actions of Petrobras. “We are resisting because we have no options. We might live or die. Our death may not result from gun shots, but because our livelihoods have been destroyed.” He added: “We are not seeking to be rich; we just want to live our lives in dignity.”

The reports, stories and songs from Africa, Asia and Latin America reveal the interlinkage of struggles and cultures across the continents. We learn also of the great need to recognize the intrinsic value of the gifts of Nature to humanity. We also learn that people power is essential to constructing the right power alternatives by which we can collectively design the future where every person lives in dignity, fully respecting other species, and their right to enjoy the cosy embrace of Mother Earth. Do not only see the trees when you look at mangroves. See the thriving life support systems that cut across species. See the culture of struggle and resilience. See power, power modes and unfolding alternatives.



Welcome words at HOMEF’s School of Ecology on Shifting the Power Lines. 27.07.2021

Okavango and the Tragedy of Fossils in Africa

The quest for profit in a predatory economic system has made it possible for humans to wilfully ignore extractivist crimes unfolding in broad daylight. A clear case is the clawing into Namibia’s Okavango Basin in search of hydrocarbon resources by ReconAfrica, a Canadian oil prospecting company. The company has been licensed to explore for hydrocarbons in an area of 13,600 square miles straddling Namibia and Botswana. ReconAfrica could end up fracking for oil and gas in this highly valuable region which is said to hold up to 31 billion barrels of crude oil.

The Okavango Basin is touted as the “largest oil play of the decade.” It is just as well that oil companies describe their finds as “plays” because what they do with these resources is a tragic play that routinely ends up devastating communities and basically irretrievably harming ecosystems. At a time when the world knows that not more than a third of known fossil reserves can still be extracted and burned without surpassing the already alarming 1.5 degrees temperature target of the Paris Agreement, it is shameful that oil companies are still allowed to prospect for more oil, coal, and fossil gas. 

Already, ReconAfrica’s officials claim that they are playing according to rules set by the Namibian government as they go about their exploratory activities. We understand how such rules play out, who reaps the benefits of such rules and who suffers the negative consequences. Experts have already noted that the Environmental Impact Assessment (EIA) report produced by ReconAfrica and accepted by the Namibian government would not pass serious scrutiny and the process was not open to public participation. Public consultation is a critical requirement in any EIA process and where this is lacking the process is null and void. If the Minister of Agriculture of Namibia could say that his ministry was not consulted, why should we think that citizens were consulted?

It is concerning that governments keep on allowing oil companies to arm-twist them into accepting patently false promises of revenue booms and of capacity to avoid ecological harms and to trigger development in affected oil field communities.  When the first commercially viable oil well spurted in 1956 in Nigeria’s Niger Delta, there were wild celebrations of progress arriving in the area that had hitherto suffered hundreds of years of pillage of agricultural natural resources by imperialist and then colonial forces. The first oil exports commenced in 1958 and so far, more than 5,200 wells have been drilled in the region with over 603 being discovery wells. After more than six decades of hydrocarbons exploitation in the Niger Delta, the region now ranks as one of the top ten most polluted places on earth. Water bodies, soils and the air have all been stoked full of harmful pollutants and life expectancy now stands at a dreary 41 years. 

You may say that Nigeria is an odd case. Consider the devastation that Texaco, now Chevron, wreaked in Ecuador where up to 18 billion US gallons (68 billion litres) of toxic waste and 17 million gallons of crude oil was dumped on pristine rainforest soil in an area spanning 4,400 square kilometres or 1,700 square miles.

How about the ongoing massive pollutions in South Sudan and in Sudan? What about the tar sand fields of Canada, the home country of ReconAfrica? What of the burning coal caves in South Africa? In the words of Saul Landau in his collection of essays – A Bush & Botox World – “The quest for corporate profit invalidates concern for the environment.” Besides, these companies also drag vulnerable nations into debt with the false promises of liquidity and hollow credit worthiness.

Namibia’s Minister in charge of mining, Tom Alweendo, interestingly claimed that there was nothing to worry about oil and gas extraction in the Okavango Basin even though the area is a treasure to the people of Namibia and the world. According to the minister, “It’s true the company has an oil and gas exploration license and obtained an environmental clearance certificate to do research drilling. They are not going to do hydraulic fracturing (fracking) – a more invasive method – but a conventional drilling method,” 

The truth is that exploitation of petroleum resources has routinely been accompanied by extreme ecological harms, and in some cases has also been the reason or pretext for violent conflicts and wars. Consider the invasion of Iraq and the destruction of Libya. Think of the unfolding violence in North East Mozambique and the instability in the Lake Chad basin. The handling of wastewater and other toxic wastes from test drill pits already pose serious concerns.  

The massive area earmarked for drilling by ReconAfrica reminds one of a time when Shell had the entire geographic space known as Nigeria as its concession. Okavango basin is home to over 200,000 Namibians and these Africans mostly rely on the Okavango River which brings supplies of fresh water from the forest regions of Angola all year round.  Of course, ReconAfrica will pollute the natural potable water sources of the people and sink water bore holes for them. That is the epitome of Corporate Social Responsibility (CSR) that has proven to be nothing other than crass irresponsibility elsewhere. 

The Okavango Basin is an area of rich cultural heritage and boasts of several species that make living in this area a unique experience. The permission by the government of Namibia for the commencement of highly polluting and damaging activities in Okavango Basin is a willful denial of the real risk of permitting ecocide on its territory. It is a permit that promises glory but may end up offering genocide. It is a move that denies the existential challenge posed by climate change, the impacts of which Namibia is not a stranger to. It is digging for profit that ignores the fact that adding oil from there to the fossil fuel fires already raging in the world will compound the floods, droughts, desertification, population displacements, and other negative impacts of global warming. 

Okavango is a highly treasured living community in Namibia and Botswana. Why should anyone allow the quest for petrodollars turn this into an arena of death? It is not late for governments of Namibia and Botswana to halt this race for an asset that is bound to get stranded as the world shifts away from fossil fuels. Why permit actions that simply add to climate crimes? It is not too late to pull the plug on this gamble.

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Note: Image is a photograph I took of an oil spill in the Niger Delta

Niger Delta with No Fish?

Before the onslaught of six decades of unrelenting oil pollution, there was an abundance of fish species in both freshwater and marine ecosystems of the Niger Delta. Today, many of these fish species are endangered due to constant pollution and some are already going extinct. 

The head of Shell oil company was recently quoted as saying that the Niger Delta no longer suits their business model. They were moving from onshore to the deep waters offshore for this reason. They are going offshore in order to avoid responsibility for their continued environmental misbehaviour in our communities. They are heading offshore after committing ecocide onshore. They are shifting offshore after sucking the land dry and trashing whatever they came across. Above all, the hopes of our fishers remain in the fish that pollution has driven offshore and now the polluters are threatening to take their business there. 

If transnational oil companies replicate their prodigious pollution offshore, the fishers, the peoples and communities of the Niger Delta will be totally stranded on both land and sea. That is the definition of disaster. Besides shifting pollution offshore, our fishers will face the hazards of security forces cordoning off oil installations and at the same time be confronted by the largely unchecked activities of sea pirates. 

While talking of sea pirates, we must not forget the activities of illegal fishing fleets scouring and sweeping our continental shelf. Their nefarious activities are known to be heavily depleting the fish stock in the Gulf of Guinea. Added to the reported sale of a protected coastal territory to the Chinese by the Sierra Leonean government for the establishment of fish meal factories, we can be sure that they will literally make mincemeat of what remains of the fisheries of the region. It is time for the Economic Community of West African States (ECOWAS) to wake up and call sleepy littoral nations in the region to order. Colonial extraction of resources, whether fish, minerals or timber must be halted and the interest of our fishers and communities protected.

Today, we sit on the shoulders of Taylor Creek. For years we have heard of reports of oil spills in this beautiful Creek that was once teeming with fish. We can imagine what a joy it was for our people going to fish with traps, nets and other gears and returning with bountiful catch. Today, the stories are tainted by oil spills, gas flares and toxic wastes and are largely different from what it used to be before the oil rigs plunged into the belly of our land.

We believe that fishers are the custodians of vital cultural values. Our fishers are frontline protectors of our aquatic ecosystems. They are also the first to be affected when the ecosystems are damaged. They are equally in the best position to monitor and report these harmful incidents and insist on remediation and restoration as well. They must stand with our communities to insist that even if the oil companies sell their onshore fields to Nigerian firms, they must retain their liabilities. Our people must refuse to be dribbled by companies that are driven by nothing but profit. There are reports of transnational oil companies selling onshore facilities to Nigerian firms and simply walking away from the mess they had created. We hear that they claim that they had sold everything and questions should be directed to the new “owners.” When communities turn to these new “owners,” they claim they know nothing of old pollutions and that the question must be directed to the company that had walked away.  Communities must refuse to be stranded by being treated as pawns by corporations that care for nothing about the environment and the people.

Our future is connected to the sea. We are concerned about the future of our people as oil and gas business begins to fade as the world transits from dirty energy to clean energy. We need the transition, but in the process, new harms must not be offloaded on our peoples. Government has a responsibility to quickly review its business approaches in the sector and ensure that the operators bear due responsibility for ecological destruction wreaked on our territories. Government must also support our fishers with fishing equipment, modern landing points, processing facilities and fish markets. 

As the petroleum civilization slides into its twilight zone, or injury time, a mapping of the ecological devastation in the Niger Delta must urgently be carried out. This must be followed by a Niger Delta wide clean up and restoration exercise, with special attention paid to the Taylor Creek. There is no better way to mark the 2021 World Environment Day than to commence  a complete detoxification of the Niger Delta. We cannot afford to imagine a Niger Delta without fish.

Welcome words at an Oilfield/FishNet Dialogue at Gbarain on Friday, June 4, 2021

Oil Field Monologues

The noise from gas furnaces burning across the Niger Delta make it impossible for parents to whisper to their children. Whispering may sound conspiratorial, but parents cannot even speak normally to their children – a thing people take for granted. The explosive noises and hisses from the infernal fires make shouting the only way to hold a conversation. This anomaly has become the norm for two reasons: they must speak louder than the thunderous flares or shout to overcome the challenge of many persons slowly going deaf.  Sometimes monologues appeal in the oil fields, because then you only shout at yourself.

Dialogue in the oil fields require keen attention because much of what is communicated is more in what is not being said than in what is said. Tears and sorrows, groans and gnashing of teeth speak louder than speeches or songs. Rivers coated with crude oil or bursting in flames at the whiff of a naked flame, say more than words can convey. And how about the fishes popping up belly up? The whale or the dolphin washing ashore and attracting machetes, saws and hammers as malnourished fishers hack away at the hope of a meal. They tell tales of feasting in dangerous pots.

Living in the oil field has been a disaster. And the many-tentacled roots of the ecological crisis require deep considerations. At one end is the willful irresponsibility of the oil companies who simply rake in more profits as they externalize production costs by heaping harms on the hapless communities and ignoring their groans. At the other end are the complicit governments who are trapped in the false hope that extractivism can extricate their nations from the carefully engineered grip of poverty. 

Joint Ventures easily turn into misadventures as the oil companies take the driving seats and determine how much of the revenue goes into production costs and what crumbs are shared as profit. Taking the measly shares coated with promises of rising production to the bank, the governments suddenly become “credit worthy” and get enticed by financial institutions to start a borrowing spree and sink into the quicksand of debts. Oftentimes, they borrow their own cash stowed away in foreign banks. Indebted and addicted, communities and their environments are sacrificed so the companies can keep up the rapacious binge.

Oil wealth flies above the heads of communities. Just like power lines take power elsewhere leaving us in the dark. Communities farm and endure rotten harvests.  Fishers fish, but the fishes are banished by crude. Fishes eat imported iced fish. Communities live by the riverside but may well have been in parched deserts.  Riverine communities drink pure water!

Oil spills are waved off as inconsequential. And no matter how much is spilled, the volume exported is never affected because the export volume is a twisted piece of fiction. Whether on land or in the deep sea, no one knows exactly how much oil is extracted. When NEITI blew the whistle concerning offshore oil the government agency responsible for ensuring responsible behaviour among the oil companies squirmed and provided some specious denial. Oh, we know how much is taken! Really?

The oil spills that turned farmlands into an oily lake at Ikot Ada Udo in 2006/7 was ignored for many months. The spill attracted media and NASS’s attention and became a tourist attraction before Shell adjusted the cap on the well. The Niger Delta holds so much crude oil that hundreds of thousands of barrels of the resource can be spilled or stolen daily and no one would bat an eyelid. Community farms get destroyed. Forests get incinerated. Rivers get suffocated by blankets of crude. The big shots directly committing this ecocide are safely hidden away in air-conditioned board rooms onshore and offshore.

At Ororo-1 oil well at OML 95 off the coast of Ondo State, a blowout-induced fire has been burning for almost one year with no one lifting a finger to stop it. 

And over a period of two years (2018-2019) NOSDRA registered 1,300 oil spills or 5 spills a day.

Oil spills are readily classified as being caused by sabotage even before officials get to the scene of the incident. The poor community people, the victims, are labeled criminals while the actual criminals are safely ensconced in stately mansions and are serenaded by wailing sirens as they dash between the bank and their stuffed bars and pepper soup joints.

Dialogues in the oil fields have to be hurried because our communities are basically open isolation wards of the forgotten. Territories of the sick and forgotten. The toxic air loaded with volatile hydrocarbons give visitors a headache within a few minutes of arrival there. For the locals, the fumes produce breathing diseases that make their whizzing sound like dull dirges and their voices crack like overstretched funeral drums.

Will this state of affairs continue for ever? The answer is a resounding NO. Soon the income from crude oil will dry. Soon, crude oil will become a stranded asset. The signs are in. At the height of COVID-19 lockdowns, the price of oil went below $40 per barrel. The Nigerian government struggled to meet budgetary needs. The struggle continues today. While the world charts ways out of the oil pit, we dig deeper into it.

Our healing will come, and it must come soon. Now is the time for the process to begin. As we sit at the banks of our rivers or in the middle of our forests, let us remind ourselves of stories of times when we could drink water from our streams and never needed to buy water hawked in plastic sachets. It is time for us to reflect on what went wrong and who we accepted should exploit our land in exchange for a dream that has become a nightmare. It is time for reflection as to what went wrong that our land would be so polluted while the polluter walks away free. It is time for us to reflect on what must be done so we can live in our land with dignity and enjoy the gifts of nature with no hindrance.

It is time for us to hear ourselves again, to hear the crickets chirp and the birds sing. It is time to quench the evil flames and allow the moon to light our night sky again. The time it is for us to flush away the polluting crude and toxic wastes from our steams, creeks and rivers and once more see our faces in our waters.

The future begins with an open whisper, an open dialogue. An open dream. An open conspiracy where people hear each other and whispers ride on the waves of our hopes.

Our future begins today with dialogues, not monologues, on our struggles, visions and hopes. 

My talking points at an Oil Field Dialogue at Ikot Ada Udo, Akwa Ibom State, Nigeria on 20.04.2021.

Ecocide and Carbon Crimes

The environment has been subjected to so much flagrant damage basically because there is no law against such acts. Ruinous exploitation of Nature for the extraction of capital has been permitted as a necessary, or good, evil. This state of affairs has allowed subsidiaries of transnational corporations to commit environmental atrocities in countries far off their home bases. 

Extensive damage to the environment often amounts to literally killing the environment. Such harms impact the soil, the air and water of such the affected areas in more or less irreversible ways. A word that aptly describes crimes of this nature is ecocide.

The International Criminal Court (ICC), established to end impunity of the most serious crimes of concern to the international community is governed by legislations under the Rome Statute. The ICC has 123 member states and four crimes have been internationally recognised under the Rome Statute. These crimes are:

  1. War crimes, 
  2. Genocide, 
  3. Crimes against humanity and 
  4. Crime of aggression. 

While war crimes include severe and long-lasting damage to the natural environment, there are currently no provisions for the protection of the environment from such harms during peacetime. We have heard of some military examining the specious idea of how they can wage war without harming the environment. War harms the environment and impacts can last far longer than the time of conflict. These include pollutions from military hardware and biological weapons and other chemicals used directly against the environment and peoples.

It is intriguing that widespread damage to the environment from mining, including oil and gas extraction, has so far been overlooked in international criminal law when such harms clearly offend the right to life of peoples.  

Why Should Ecocide be a Crime?

Stop Ecocide defines ecocide succinctly as “mass damage and destruction of ecosystems – harm to nature which is widespread, severe or systematic.”  This definition hits the roots of the problem. The problem is both widespread and systematic. 

Examples of ecocide can be found in the massive excavations of the earth through mining in ways that do not allow for the erasure of the scars and do not permit adequate restoration due to the sheer extent of the damage. Others are the impacts of deep-sea mining, large oil spills and routine gas flares. The oil field communities of Nigeria and Ecuador, the tar sand mines of Canada, the coal mines of South Africa, the gold mines of Ghana, South Africa, etc., the industrial farms and polluting industries of the USA and Europe are clear examples of irreversible harm to Nature. Examples can be found all over the world.

We can also count deforestation that translates to huge habitat losses and drives species to extinction. Industrial fishing through deep sea bottom trawling, for example, is highly destructive.  Industrial and colonial agricultural monocultures destroy complex ecosystems and create green deserts. Factories located on coastlines often use the ocean as waste dumps and simply pump their effluents directly out into the sea.

As earlier stated, due to the notion that these harmful activities are supposedly needed to ensure high living standards and inordinate consumption, they are taken as normal, as acceptable. 

Stop Ecocide and supporters believe that the Rome Statue should be amended, and ecocide added as a crime alongside the crimes against humanity, war crimes and the others. One of the steps being taken is the commissioning of a panel of international criminal and environmental lawyers to draft a legal definition of ecocide. The panel is being co-chaired by Philippe Sands, a French/British lawyer and professor, and Dior Fall Sow a Senegalese jurist and legal scholar.

The notion of ecocide is not new. But it has only started to gain traction in recent years. It was on the table when the other international crimes were debated, but somehow fell between the cracks until Polly Higgins picked it up as a lifetime commitment and promoted it as the key means of halting large scale ecological crimes. Higgins believed that 

“The rules of our world are laws, and they can be changed. Laws can restrict or they can enable. What matters is what they serve. Many of the laws in our world serve property – they are based on ownership. But imagine a law that has a higher moral authority… a law that puts people and planet first. Imagine a law that starts from first do no harm, that stops this dangerous game and takes us to a place of safety….” Together with Jojo Mehta, Higgins founded the Stop Ecocide Foundation, pursuing the Stop Ecocide campaign.

In 2010, Polly Higgins submitted this definition of ecocide to the United Nations Law Commission: “Ecocide is the extensive damage to, destruction of or loss of ecosystem(s) of a given territory, whether by human agency or by other causes, to such an extent that peaceful enjoyment by the inhabitants of that territory has been or will be severely diminished.”

It is now 75 years since Crimes Against Humanity and Genocide were coined at Nuremberg. It is hoped that a legal definition of ecocide will pave the way for its being added as a fifth international crime against peace — not just as a crime against humans but also as a crime against Mother Earth or the natural world.

So far eight ICC member states, the Pope and the European Union, have openly expressed interest in the possibility of amending the Rome Statute. The eight countries are Vanuatu, Maldives, France, Belgium, Finland, Spain, Canada, and Luxembourg. Parliamentarians from a further 10 states Sweden, the Netherlands, Ireland, Germany, Portugal, the UK, Philippines, Australia, Cyprus and Brazil are interested to consider that definition.

Will Ecocide be Retroactive?

In conversations on this topic there have been issues raised about what threshold of destruction can be set before it can be said that a crime of ecocide has been committed. There is also the issue of the law not being retroactive. Going by standard law, a person is not charged with an offence committed at a time when there was no law against such an action. This must be a huge dampener for those who hope that once the crime of ecocide is adopted, they would simply file cases for obvious crimes committed before such adoption. The point is that we do not necessarily have to sue retroactively based on claims of what happened at the time the crime started to be committed. The fact is that these ecological crimes continue to grow, to expand, and starting at any point in time, there are sufficient grounds to hold ecological criminals accountable. Moreover, the law would create incentives for eco destroyers to check their reckless acts going forward, knowing that they would be held to account for such harms.

Recent court rulings in the home countries of transnational corporations over crimes committed by their subsidiaries in Zambia and Nigeria are pointers to things to come. They show that ecological crimes will no longer be easily hidden. On 10 April 2019, the Supreme Court in the United Kingdom ruled against Vedanta Resources PLC, insisting that Zambian victims of their polluting activities can sue the company in UK courts. The case was filed by almost 2,000 Zambian villagers against Konkola Copper Mines and its parent company Vedanta Resources PLC. The case was a long shot, a David versus Goliath match, considering that Konkola Copper Mines, the company that was polluting the water of the four farming communities with sulphuric acid and other toxic chemicals, is a subsidiary of the giant copper conglomerate, Vedanta Resources PLC.  The Zambian plaintiffs can now seek redress in the UK courts and ensure that the polluter is held to account.

In February 2021, the same Supreme Court ruled in the same vein against Royal Dutch Shell in the case of Okpabi vs Shell. This ruling was a landmark victory for a group of about 50,000 victims of Shell’s polluting actions in Ogoniland, Nigeria. The court ruled that the UK Appeal Court was not right in holding that Shell could not be held accountable for offences committed by its Nigerian subsidiary, Shell Petroleum Development Company (SPDC). The plaintiffs from Ogale and Bille communities are demanding clean-up and compensation from Shell for years of harmful activities in their communities that has harmed them by, among other things, polluting their drinking water. They can now sue Shell in the UK.

The oil giant suffered the same fate in the cases brought against it in the court in The Netherlands by four farmers for pollutions in Oruma in Bayelsa State and Goi in Ogoni, Rivers State. The judges ruled that Shell would have to compensate the fishers and farmers for the harm inflicted on them by Shell’s oil spills. The judges declared that they needed more evidence before making a ruling on the case brought by the plaintiff from Ikot Ada Udo in Akwa Ibom State.

The judgements against Shell must be a strong signal to the other polluting fossil fuel companies that they cannot continue to get away with murder. 

Carbon Crimes

Carbon crimes may also be called climate crimes considering the catastrophic changes portended by the increased stock of greenhouse gases in the atmosphere. These are crimes at a planetary scale, beyond anything previously seen on planet Earth. Climate crimes are sharp examples of ecocide. In this sense we refer to the two ends of the fossil fuel pipelines – the demand and supply ends. We also bear in mind the false solutions being proposed by corporations and politicians looking for ways to avoid or delay climate action as long as it gives them time for raking in profits. Some of these false solutions pertain to actions such as geoengineering that can only be taken on planetary scales and which would have massive intended and unintended consequences. The focus on carbon molecules without accounting for the ones in the ground also helps to obfuscate the searchlight on the way out of the climate mess.

The current stock of greenhouse gases in the atmosphere are already creating desperate problems for vulnerable communities, including Small Island States and increasingly threatened South Eastern seaboard of Africa that has suffered heavy battering by cyclones Idai (2019), Kenneth (2019) and Eloise (2021) in recent years. Cyclone Idai killed more than 1000 persons, affected 3 million others and caused about $2 billion worth of damage. Territories are already beginning to go under the sea. The crime is growing.

Destructive Development 

Some development projects are destructive to the environment and to communities in which they are sited. Projects in this category would include big dams, superhighways and coal fired plants. Big dams such as the INGA dams in the Democratic Republic of Congo pose serious threats to the Congo Basin. The dams are planned to be the biggest hydropower dam in the world is built as planned. Whereas 91% of the people in DRC do not have access to electricity, this dam is planned to provide electricity for extractive industries and for export. 

International Rivers notes that “diverting the flow of the Congo river to create a reservoir would flood the Bundi Valley, affecting local agricultural lands and natural environments, and may cause huge methane emissions that would contribute to global warming. The effect of a reduced flow in the Congo River may cause loss of biodiversity and a shift in the dominant species. The flooded area may also create an environment that is conducive for the breeding of water-borne vectors such as the malanquin mosquito.”

A coal power plant that was proposed for Ghana was successfully fought off by environmentalists. The coal power plant proposed at Lamu, Kenya, is being resisted by the people who see the plant as a threat to their pristine environment, pollute the ocean, freshwater systems and hugely increase Kenya’s greenhouse gas emissions by 700 percent. The coal dust would also literally suffocate the lush mangroves in the area. 

The case of a proposed superhighway that was to pass through the Cross River National Forest in Nigeria was a huge threat. The highway was conceived with 10 kilometres right of way on either side and would have swallowed up swathes of primary rain forests, destroying communities, farms, habitats and cultural heritage of the people. The highway was realigned away from the forest due to concerted grassroots resistance. The government lost interest in the project probably because the aim was to harvest the timber and devastate one of the last standing primary forests in the region.

Tearing the Corporate and Nationalist Veils

Corporate ecological crimes have been condoned because all companies have had to do is pay fines or find ways of prolonging cases until the plaintiffs die off. This impersonal relationship with individuals and communities in which corporations extract value for their boards and shareholders has permitted gross misbehaviours in ways that may not occur if the directors of the corporations and responsible public officers are held personally liable for ordering or condoning the crimes in the same way politicians or war lords are personally held to account for war crimes, genocide or crimes against humanity. 

While we await the acceptance of Ecocide, the question remains as to whether the ICC can bite in a just manner. Some African countries have complained that the court operates as though it was set to watch over Africa while some countries simply ignore the court. The challenge is to ensure that powerful nations do not shield their citizens, corporations and corporate leaders from accountability for ecological crimes. This is not impossible to achieve as the global crises caused by reckless abuse of the environment and Nature generally is moving citizens to rebelling and demanding action in order to give humans and other species a breathing space, a space to recover from centuries of abuse. 

Ecocide is a law whose time has come, even if almost late. It will be a key tool for fighting for environmental justice. It will be a tool for ensuring that humans understand the duty of stewardship over Natures gifts that we merely borrow from our grandchildren. Ecocide will tear the corporate veil and should eliminate nationalist shields.

We demand that nations make the crime of ecocide a part of national laws now! There is no time to waste. The era of merely treating the environment as a passing concern in our statute books must end. 

To destroy the Earth is simply idiotic. “There is no beauty in mass damage and destruction. A beauty born of deep care, however, is a beauty that comes from the heart — not simply an adjunct, added on as a veneer.” We cannot escape the fact that ecocide is a crime both morally and ethically. 

Abolishing Persistent Ecologic and Economic Crimes in the Niger Delta

When Chief Fidelis Oguru, Mr Alali Efanga, Chief Barizaa Dooh and Elder Friday Alfred Akpan filed a suit against Shell Petroleum Development Company (SPDC) thirteen years ago, they would not have imagined it would take so long before a waft of victory would come their way. 29 January 2021 will go down in the annals of international jurisprudence as very significant because on that day, the Appeal Court at The Hague determined that the Royal Dutch Shell subsidiary was liable for oil spills that ravaged Goi in Ogoni, Rivers State and Oruma in Bayelsa State. Earlier in 2013, the lower court had held that SPDC was culpable over an oil spill that occurred at Ikot Ada Udo, Akwa Ibom State. 

A cap to the rain of judgements against one of the topmost polluters in the Niger Delta occurred on 12 February 2021 at the Supreme Court in the United Kingdom. The Court ruled in the suit brought before it by HRH Emere Godwin Bebe Okpabi and the Council of Chiefs (suing for themselves and thousands of citizens from Oghale Kingdom and Bille Kingdom, in Rivers State), against Royal Dutch Shell Plc that the oil mogul can be sued in the United Kingdom for environmental offences committed by its subsidiary in the Niger Delta. 

The spills at Goi and Oruma go as far back as 2004 and 2005. Besides ruling that the oil spills were not caused by third party interferences or so-called sabotage, the court ruled that the parent company, Royal Dutch Shell, has a “duty of care” in the activities of its subsidiaries.   

The Supreme Court judges in the UK noted that a recently decided case brought by Lungowe against Vedanta Resources Plc was similar to the Oghale and Bille cases. In that case, the Supreme Court had determined that civil claims for negligence brought by Zambian claimants against Vedanta, the parent company and its Zambian subsidiary (Konkola Copper Mines plc) for damages suffered in Zambia could be heard in English courts. 

These cases mean a lot to the suffering peoples of the Niger Delta whose cry for justice has often been met with indifference or with utter violence as was the case that led to the execution of Ken Saro-Wiwa and other Ogoni leaders. The judgements clarified that parent companies can be held accountable for ecological crimes committed by their subsidiaries and not continue to enjoy financial returns from such misadventures. 

Personally, it comes as therapeutic as Goi in Ogoni has for nearly two decades become the symbol of the devastated Niger Delta. It is one community polluted, degraded and burnt by oil and whose people have have been forced to suffer the indignity of living as refugees dispersed across Ogoni and other Niger Delta communities.  Sights of kids swimming in the polluted creek at Goi and fishers desperately searching for invisible fish and other aquatic resources have been, and still are, heartbreaking. 

These judgements offer the people some hope that their peaceful fight for justice is finally being vindicated. It also offers the polluters a great opportunity, an incentive indeed, to do the right thing by swiftly negotiating and compensating the people and urgently remediating and restoring their environment. 

The struggle for justice also illustrates the power of solidarity across borders. The judgements highlight the power of peoples united and collaborating for a common cause. The case of the four Nigerians against Shell benefitted from a partnership between the Friends of the Earth groups in The Netherlands and Nigeria. The case in the UK benefited from the untiring commitment of the law firm, Leigh Day. 

We are gathered here today to examine, discuss and highlight the significance of these judgements to the global struggles for environmental justice. We also hope that the outcomes will strengthen the cause for justice for our peoples and for our environment. Indeed, the judgements should be seen as clarion calls for the utter abolishment of the persistent ecocidal ecological and economic crimes in the Niger Delta. 

We are privileged to have in our midst, Barrister Chima Williams, one of the lawyers for the four Nigerians that sued Shell in the Netherlands and he will be giving the lead paper helping us understand the implications of the judgements against the transnational oil corporation, Shell. We are equally privileged to have one of the litigants, Chief Eric Barizaa Tete Dooh of Goi Community, here with us to share his reaction to the judgement after so many years of tortuous litigation and the passing on of his father who had commenced the suit. We also have here, Comrade Celestine Akpobari, a frontline Ogoni environmental justice activist who will help situate the story of hope and pain in Ogoniland as representative of the Niger Delta. 

The unending pollution of the Niger Delta can be summed as blatant ecological and economic corruption. Thus, no better person to comment on the presentations today than an astute environmental, transparency and anti-corruption crusader, Rev David Ugolor. And, of course, this whole affair will be piloted by an indefatigable environmental and gender justice activist, Comrade Emem Okon.

Welcome words at the Polluters’ Judgements Roundtable held at Oronto Douglas Conference Hall, HOMEF Head Quarters, Benin City, Nigeria.

Standing on Living Soils… Looking back from the Future

We have got to a stage in the world where selfishness has been lifted up as national interest. It is a sad platform where inequalities have been hoisted as a virtue. Humans have become so smart that we think machines can replace us, replace relationships, replace agriculture. We even think we can relocate to destinations on asteroids or somewhere else in space! And the truth is that we are diminished by all that.

The Years of Repair challenges us to jump into the future and look at the paths by which we got there. It shows us the power of our imaginations and underscores the fact we can get to our preferred destinations by acknowledging the strength of going together in movements powered by love and solidarity.

Looking back requires that we step forward. Looking back from the past is an uninteresting, unimaginative and unproductive enterprise. Looking back from the future enables us to lay the paving stones that ensure we are not trapped in the quick sands of toxic relation with Nature. It helps us escape the entrapment inherent in the pursuit of primitive accumulation of capital and power.  It helps us show how sterile racism, colonialism and imperialism are. It takes us to the end, restores our faith in humanity, and takes us back penitent and renewed. 

Washing hands should not stop us from seeing each other’s hands and learning from the hands that promote our entangled dreams.

We cannot afford to dream alone. And after a good dream it doesn’t make sense to remain prostrate in dreamland. After a good dream it is time to get up and jump into the struggles to build the dream. 

We learned key lessons from the pandemic … 

Brave smallholder farmers hold the key feeding the world. They are ignored everywhere, never bailed out and never helped even as they point the right way forward as agriculture gets to the crossroads. 

Real farming frames the imaginations of today and tomorrow …

Real farming brings back to life soils killed by agrotoxics.

Real farmers fight against seed laws that criminalize the use of indigenous seeds and stifle knowledge and local wisdom. 

Real farmers halt the erosion of native species that are truly climate smart and reject the promotion of alien species that are truly climate dumb.

Agri without culture is the highway to disease, pandemics and extinctions. 

This mindset tramples on Mother Earth ignores critical creatures such as worms and a variety of pollinators that labour to ensure we stay alive.

Healthy soils produce healthy foods and healthy populations 

Healthy soils produce healthy crops that are strong enough to resist pests 

Trouble is humans operating behind corporate shields are not just the worst pests but are incurable and insatiable predators…

Farmers are essential workers. The time has come to insist that essential works must no longer be discounted and overlooked

Sparks change things. We are the spark needed for the change and transformation that must happen

We truly need to repair relationships 

At personal levels: pay the debt of love

At collective levels: pay the Climate and ecological debts 

The building blocks to the future on the finite planet rejects destructive exploitation of nature, refuses any act that promotes species extinction and trashes the dignity of our peoples.

These building blocks hold corporations accountable for ecocide — whether they are in the extractive or colonial agricultural sectors.

It all boils down to building systems of care and repair to ensure that Mother Earth is not sacrificed and that our peoples are not sacrificed on the altar of capital.

Life Sustaining Soils 

Soil is the skin and flesh of the Earth. It is a source of life. We are sons and daughters of the soil. Earth rootedness holds a key to building global citizenship, securing the commons and propagating love both for humans and for the Earth.

A handful of fertile soil however contains thousands of species, billions of bacteria and other microscopic organisms. 

Each organism in the soil system has a function in the food web with some specialising in the decomposition of matter while others help in the dispersal of dead organic matter. There is a living give-and-take economy beneath our feet that we must bend down to learn.

The linear and extractivist mindset has led to a rapid deteriorating of soils worldwide.

Economies of exploitation that sees labour as disposable and nonessential and continuously looks for ways to replace humans. 

Bad soils and land grabs lead to displacement, forced migration and at times outright violence. We easily forget that there is a loss of knowledge and culture when farmers are displaced to seek livelihoods in cities

Healthy soils are spongy and retain water while poor parched soils are more impervious get easily eroded. Urbanization and cementification of soils… Killing of soils!

In contrast to the barren concrete landscapes, healthy soils are great carbon sink. We can learn to regenerate our lands through simple, inexpensive but tested methods including the 

Farmer-Managed Natural Regeneration (FMNR) and the rebuilding of soils using the indigenous Zai technology as in Burkina Faso

As Gandhi said, “the earth provides enough to satisfy everyone’s needs, but not a few people’s greed”. 

The scare of scarcity — hides the cause of scarcity and hunger. Appropriation of the commons, exclusion and conversion into private properties and for-profit speculators and so-called investors are grabbing millions of hectares of fertile land/soil without any concerns for local populations. Locals turned into outgrows or outright farmyard slaves.

Economies that do not recognize the intrinsic value of Nature and the continuous nurturing contribution of Mother Earth.  These spurn socio-economic injustices. Competition that tramples cooperation and displacement of farmers disconnects millions not just from there farm but from the soil.

The dependence on herbicides and crops genetically engineered to withstand them has led to the rise of super weeds. These super weeds emerge as an attempt by nature to repair the ruptures created by humans. A way of human-proofing biodiversity. We have to come to the realization that one man’s weed may well be another man’s vegetable.

In all, we must never forget that there are consequences to every action. And we must bear in mind that we all have a common duty of care or repair. We have a duty of rebuilding relationships with the soil and with one another.

——-

Above are thoughts from conversations on the Message from the Future (Oxford Real Farming Conference 2021) and on Living Soils (Navdanya International’s Earth University).