Dialogue with Bulldozers at Ekuri Community Forest

EkuriBulldozers, Superhighway and Ekuri Community Forest

Bulldozers and forests are not friends. Neither are highways or super highways, as the people of Ekuri Community are learning. The Ekuri Community Forest in Cross River State, Nigeria, is an acclaimed example of how communities can sustainably manage their forest. Now, this forest is under threat from the State Government that has embarked on the construction of a 260 Km, 6 lanes dual carriage super highway through their forest, using the highly controversial Land Use Act of 1979 as a cover for dispossessing the people of their land, forest and patrimony.

When the ground breaking ceremony for this project was conducted by President Muhammadu Buhari on 30th October 2015, the Ekuri Community thought that having an all-weather road pass by their community would bring to an end their perpetual struggle to secure access to the outside world through the earth road they had built by community effort. This thinking was shattered by a Public Notice of Revocation signed by the Commissioner for Lands and Urban Development and published in a local newspaper on 22nd January 2016 decreeing, among other things, that:

“all rights of occupancy existing or deemed to exist on all that piece of land or parcel of land lying and situate along the Super Highway from Esighi, Bakassi Local Government Government Area to Bekwarra Local Government Area of Cross River State covering a distance of 260km approximately and having an offset of 200m on either side of the centre line of the road and further 10km after the span of the Super Highway, excluding Government Reserves and public institutions are hereby revoked for overriding public purpose absolutely”.

Land Grabbing

The community studied the “Notice of Revocation” and the line profile and found that some of the coordinates show that their forest, community lands and settlements would be taken up by the Super Highway and the extraordinary right of way of 10 Km claimed by the government – beyond the 200 metres right of way allowed from the centre line on each side of the road. Little wonder the community characterises this usurpation as a case of crass land land grabbing. This sort of grabbing tends to suggest that this part of Nigeria is Tarzan country or simply a no-man’s land.

If the world keeps quiet and allows the bulldozers to have their way, they would not only bulldoze the future of the Ekuri people, the act would entrench impunity, satisfy the lust for capital, promote deforestation in one of the last remaining pristine forest in Africa and blunt our collective hope for tackling global warming.

Before this, some critics of the Super Highway project such as the Rainforest Resource Development Centre (RRDC) had stated that “the BLUE PRINTS of such a huge 260km 6 lanes Super Highway project running across the entire Cross River State of Nigeria was not made public before the commencement of construction at the ground breaking event.  Significantly also, the blue print of the said project has not been made public till this moment.  This is a contravention of the Freedom of Information Act, 2011 of the National Assembly as well as other related legislations…”

Other significant issues raised include the fact that no credible Environmental Impact Assessment (EIA) have been conducted before the taking off of the project. The project threatens the Cross River National Park as the highway traverses the buffer zone of the forest.

In its press briefing of 6th November 2015, the RRDC expressed the fear that contrary to the requirement of the Land Use Act, no schedules of compensation (including the names of beneficiaries) had been made public.  “The risk is that this project could end up escalating rural poverty if the issues of compensations are neglected.  This is so because the affected indigenous people and communities of Cross River State of Nigeria who own these resources could end up losing their sources of livelihoods, income and wellbeing, as well as their natural heritage and territories.”

Heritage Destruction

What RDDC feared is unfolding before the eyes of the Ekuri people and the world must not keep a blind eye to this.

The Ekuri protest Letter against the Super highway, dated 6th February 2016, reminded the Cross River State government that they had “for centuries conserved and managed our Ekuri community forest for its rich biodiversity and ecosystems services not only for our sustainable development but for the entire world. Since 1992, we pioneered formal community forestry in Nigeria and established the Ekuri Initiative (an NGO registered with the Federal Government) with a mandate in forest conservation, sustainable forest management, community development and poverty reduction. Since its inception, we have recorded inspiring successes. We have developed and implemented a land use plan which we jealously adhere to, a flagship community forestry project in Nigeria (a credit to Cross River State), the largest and best community managed forest in West Africa totaling 33,600ha. We received the UNEP Equator Award in 2004 for our outstanding passion, commitments and efforts to reducing poverty through the conservation and sustainable use of our biodiversity. We have been visited by several communities from Nigeria, Cameroon, Kenya, Uganda and Mozambique and a host of researchers to learn from our experiences. Our activities have been replicated by international development agencies and local NGOs and has brought fame to Cross River State and Nigeria as a whole. The planned destruction of our community forests which we have labored so hard to protect and conserve is not a welcome development. The resolve of our forebears to conserve our forest must be continued in perpetuity being a bequest and legacy to all the Ekuri people living and yet unborn.”

Dialogue with Bulldozers

With the level of dispossession staring them in the face, the Ekuri Community decided to reject the passage of the Super Highway through their forest and demand a realignment of the road. According to community sources, their petition received a quick but shocking response:

“At the receipt of the Protest Letter, the Governor has quickly sent a bulldozer this morning to Ekuri to begin the destruction of the Ekuri community forest in the name of the Super Highway. This is to show power and strength against poor communities and in defiance of the dictates of the rule of law.”

If the world keeps quiet and allows the bulldozers to have their way, they would not only bulldoze the future of the Ekuri people, the act would entrench impunity, satisfy the lust for capital, promote deforestation in one of the last remaining pristine forest in Africa and blunt our collective hope for tackling global warming. This is a challenge, not just for Ekuri Community but for the entire global community.

 

Eco-Instigator #10

E-I 10 CoverAs is the tradition of HOMEF, Eco-Instigator #10 was issued at close of December 2015 in order to bring you some comments from the Conference of Parties (COP) of the United Nations Convention on Climate Change (UNFCCC). Needless to say that we were at COP21 and came away with a conclusion that the poor and the vulnerable were once more sacrificed in order to let polluters keep polluting. Climate inaction promoting carbon markets were hoisted as totems to appease the climate gods – the fossil fuel industry and their political partners.

This is a teaser from this collector’s edition, the HOME RUN, or editor’s note. The full magazine comes online at HOMEF’s website. The cover image, by the revolutionary artist, Angie Vanessita, is from Oilwatch International’s call for the creation of Annex 0 nations.

HOME RUN

2015 has been quite a run. Crowning it with the Conference of Parties (COP21) of the United Nations Framework Convention on Climate Change (UNFCCC) wrapped up the year with a rather sour taste. The gathering in Paris this December was decidedly shrouded in a thick fog of the dread of terror attacks. Some people thought the unfortunate terror attacks in Paris just two weeks before the global gathering provided the cover for official denial of space for mass mobilisations against climate inaction.

In this edition we bring you articles and opinions on COP21. Mainstream media have been awash with reports that COP21 was historic and that the world is on track to tackle global warming. We think it was another missed opportunity as it actually entrenched the regime of voluntarism that permits polluters to keep polluting, open up pathways for untested technologies, avoid providing new climate finance and lock the planet on a burning grate.

There were solemn spiritual moments, moments of awe at the rapacious destructive capacities of humanity and many moments of tears as these destructions, including murders, were painted in words and pictures.

COP21 provided a robust space for civil society mobilisations and actions. On the streets, the human chain was the strategy for actions on 29 November. The mass mobilisations of 12 December were endorsed by the French government at the last minute. Plans for mass civil disobedience had gone ahead and activists were ready to face the consequences if the protests were disallowed. Statements from the streets clearly showed that the COP had missed the mark.

The International Rights of Nature Tribunal was constituted and sat for two days in the Maison des Metallos, Paris. Experts, victims, prosecutors and judges presented or listened to cases of crimes against Mother Earth and at the end judgements were passed. There were solemn spiritual moments, moments of awe at the rapacious destructive capacities of humanity and many moments of tears as these destructions, including murders, were painted in words and pictures. We bring you a special report of the sitting of the Tribunal.

Oilwatch International sent a powerful call to the COP to create an Annex Zero group of nations, sub-nations and territories of peoples taking real climate caution by keeping fossils under the ground. No REDD in Africa Network issued a powerful briefing titled STOPPING THE CONTINENT GRAB and the REDD-ification of Africa. Grab a copy!

The Eco-Instigator team and all of us at HOMEF thank you for your support and solidarity throughout the year. We look forward to your continued support in the year(s) ahead. To stay updated with activities at HOMEF, sign up for our monthly eco-bulletin by sending an email to home@homef.org.

Whatever you do in the coming year, take care to ensure you stand for the rights of Mother Earth and in solidarity with all peoples.

Until victory!

Nnimmo

Giant Cigarettes in the Sky – Nigeria’s Toxic Gas Flares

OLYMPUS DIGITAL CAMERA
Horizontal gas flare, Niger Delta (c) Aloja

Gas flaring is the obnoxious practice of burning natural gas associated with crude oil extraction. To use the words of Joseph Croft of Stakeholder Democracy Network (SDN) in the excellent environmental documentary film No Where to Run, the gas flares are like giant cigarettes attached to communities. Some flares are located horizontally, at ground level, posing even greater dangers to the communities. There are several examples, including at Oben, Edo State and Kolo Creek in Bayelsa State.

Communities with gas flare stacks are sentenced to live with these furnaces and cannot avoid the heat, the noise, the poisons and the offensive vista.  It is estimated that flared gas could potentially generate over 25,000 GWh of electricity which would meet a high proportion of Nigeria’s most ambitious power projections.

The Associated Gas Reinjection Act of 1979 outlawed gas flaring in Nigeria with effect from January 1984 and was aimed at compelling oil companies producing oil and gas in Nigeria to submit preliminary programs for gas re-injection as well as detailed plans for implementation. Oil companies can only flare, as an interim measure, if they have site-specific certificates permitting them to flare. Permitted or not, companies are required to pay fines for lighting those giant cigarettes in our communities. Unfortunately, routine gas flaring continues.

About $1.1bn gas flare penalties are reportedly not collected annually. This is more than the amount required to commence the full implementation of the UNEP report on the clean up of Ogoni environment. It simply goes up in smoke annually by way of uncollected fines from gas flaring. This sum could also assist in plugging the deficit in the 2016 National Budget if the reneged oil companies are compelled to pay up.

The penalty for gas flaring remains low and does not offer real incentives to defaulting oil companies to stop the practice. The current penalty for gas flaring in Nigeria was set by a Ministerial directive issued on 15 August 2011 at $3.50 per 1000 standard cubic feet. Attempts by the National Assembly, including through the moribund Petroleum Industry Bill (PIB), to raise the penalty to equal the commercial price of natural gas has not seen the light of day.

About $1.1bn gas flare penalties are reportedly not collected annually. This is more than the amount required to commence the full implementation of the UNEP report on the clean up of Ogoni environment. It simply goes up in smoke annually by way of uncollected fines from gas flaring. This sum could also assist in plugging the deficit in the 2016 National Budget if the reneged oil companies are compelled to pay up.

The Nigerian Gas Flare Tracker website informs that, according to a report issued in 2012 by the Petroleum Revenue Special Task Force, oil companies often do not pay the fines “and when they do are still paying the old penalty of N10 per 1000 standard cubic feet flared.”

The Task Force reported that the Department of Petroleum Resources, DPR, was “unable to independently track and measure gas volumes produced and flared. It depends largely on the information provided by the operators. There were no available records or information in respect of gas flare volumes for the years 2005 and 2011.” There are no readily available records for fines paid for gas flared in the period 2012-2015.

The loss of revenue to Nigeria from non-compliance to the 2011 penalty regime is enormous. According to the report of the task force, “Using the DPR gas flare information (irrespective of the inherent errors…) to compute the potential revenues for the relevant years at the rate of $3.50 per scf is $4.1billion versus the $177million computed by the DPR using the N10 per scf.”

The Nigerian Gas Flare Tracker hosted by the Federal Ministry of Environment is a tool that every Nigerian should look up to be informed about the atrocious gas flaring going on at about 220 locations across the Niger Delta. It is a great tool for public information. It is a tool that should spur policy makers into action to rescue our environment.

See the Gas Flare Tracker map here.

 

Slow-Tracking the Ogoni Clean up

 

The 30 days ultimatum issued to the Federal Government of Nigeria by the Movement for the Survival of Ogoni People (MOSOP) over the delayed clean-up of the devastated Ogoni environment did not come as a surprise to observers. The President was widely acclaimed when he declared that the implementation of the UNEP report, released on 4 August 2011, would be fast-tracked. That was five months ago. The initial things that were expected to be done include populating and inauguration of the structures that would over see the implementation exercise. These have not been done. Without these basic structures nothing else can happen.

In the words of the president of MOSOP, Mr. Legborsi Pyagbara, “We are seizing this opportunity to remind the government that the unusual delay for the take-off of the project is becoming unbearable and indeed taxing our patience.” He went on to urge the Federal Government to announce the structures and the roadmap for the implementation of the report in a manner that respects the sensibilities of the communities.

He further stated, “The ongoing delay on the part of the government will continue to be seen as an act of genocide being committed against the Ogoni people. We are giving the Federal Government a 30-day ultimatum to commence the implementation of the report or we will take up a series of non-violent measures to press for our demand.”

“The ongoing delay on the part of the government will continue to be seen as an act of genocide being committed against the Ogoni people.”

The struggle by the Ogoni people took on special impetus in 1993 at the maiden Ogoni Day celebration at which event Shell, the oil company most implicated in the decimation of the Ogoni environment, was declared persona non grata in Ogoniland. The present ultimatum was issued at a rally held to mark the 23rd anniversary of the epochal Ogoni Day on 4 January 2016.

Characterising the slow track on which the implementation process appears to be stuck as perpetuating genocide against the Ogoni people may appear to be rather strong language, but what are the true implications of continued inaction? Disease, poverty and very high mortality rates.

The level of pollution in Ogoni is absolutely astonishing. One can easily become dizzy, just stepping into some of the communities due to the heavy cloak of hydrocarbons fumes hanging in the air. Oil spills clog the streams, creeks and swamps and in some places dribbles of the noxious substance are found along community footpaths. Making matters worse is the fact that some of the spills that occurred years and decades ago have been either ignored or have been shoddily handled. Feeble attempts have been made at K-Dere to cover up decades old soil spill with soil.

Examples of crude covered environment dot the K-Dere, Bodo, Goi and other communities. What we see in Ogoni is sheer ecocide.

UNEP specifically called for emergency actions with regard to some of the heavily polluted areas such as Nisisioken Ogale. Here is what UNEP said in a press release issued on the occasion of the release of their report about five years ago:

“In at least 10 Ogoni communities where drinking water is contaminated with high levels of hydrocarbons, public health is seriously threatened, according to the assessment that was released today.

“In one community, at Nisisioken Ogale, in western Ogoniland, families are drinking water from wells that is contaminated with benzene– a known carcinogen–at levels over 900 times above World Health Organization guidelines. The site is close to a Nigerian National Petroleum Company pipeline.

“UNEP scientists found an 8 cm layer of refined oil floating on the groundwater which serves the wells. This was reportedly linked to an oil spill which occurred more than six years ago.

“While the report provides clear operational recommendations for addressing the widespread oil pollution across Ogoniland, UNEP recommends that the contamination in Nisisioken Ogale warrants emergency action ahead of all other remediation efforts.”

The clean up of Ogoni environment will not be a 100m sprint, but a marathon requiring 25-30 years of dedicated work to accomplish. We are inching towards the five years mark since the alarm bells sounded at the release of the UNEP report. It is five months since President Buhari announced he would fast-track the implementation of the report. We cannot see anything happening on the ground, as attested to by MOSOP.

While the report provides clear operational recommendations for addressing the widespread oil pollution across Ogoniland, UNEP recommends that the contamination in Nisisioken Ogale warrants emergency action ahead of all other remediation efforts.”

Dwindling oil revenue should not be an excuse for not cleaning up the environment of Ogoniland, the Niger Delta and other polluted places in Nigeria. It should rather be an impetus for taking the clean up challenge and punishing polluters who are hooked on habitually corrupting our environment. Ecological corruption is more deadly than financial corruption as it sentences whole communities of humans and other species to ill health and death.

Let the clean up shift form the slow track to the announced fast track. And let the 30 days ultimatum be an encouragement to do so. The Ogoni people have been supremely patient and further testing of their patience would not be the best way to go.

 

 

Infernal Oil Pipes of the Niger Delta

Perhaps the most horrendous crude oil pipeline incident of 2015 was an explosion that occurred on 9 July while repairs of a damaged pipeline were ongoing at Azuzuama, along Nigerian Agip Oil Company’s Tebidabe-Clough Creek route. The explosion and raging inferno occurred during a Joint Inspection Visit (JIV) embarked on to determine the cause of an ongoing oil spill there. The explosion and ensuing inferno claimed at least fourteen lives, including those of two government officials.  The tragedy was followed by contentious processes of identifying the victims and according them decent burial – a near impossible due to reported reticence of Agip and the fact that some of the victims were burnt to ashes.

In reaction to the Azuzuana tragedy, Iniruo Wills, the Commissioner for Environment in Bayelsa State said, “It is time to declare a State of Emergency on the Environment in the Bayelsa State in particular and the Niger Delta in general, in order to save the lives of our people and the future of our communities. For the people of Bayelsa State and especially the families of the victims and staff of the Bayelsa State Ministry of Environment, July 2015 will go down as the July of death, on account of the needless deaths inflicted upon our beloved ones and colleagues by the Nigeria’s environmentally irresponsible oil and gas industry… We are grieving, but we must now also insist yet again that it is time to take decisive action to stop this perilous hazard that has become a routine threat to life and ecology in Bayelsa State and the Niger Delta.”

We recall that in 2000, a fire resulting from a faulty machine claimed the lives of eighteen youths that were assisting in repair works along the Agip’s Brass-Ogoda pipeline. On 29 July 2012 another fire erupted along the same company’s pipeline at Ayambele/Kalaba community. At this 2012 incident sixteen persons, including military personnel and community youths narrowly escaped death.

A sad tale

Haphazard treatment of oil spills has remained a worrisome trend in the oil fields of the Niger Delta. Forests and wetlands have been set on fire as oil companies and their contractors try to hide oil spills. In other instances, attempts have been made to cover up crude oil spills with imported soils or simply by turning the soil at the point of incident. These futile efforts have left horrific environmental scars across the oil field communities of the region.

Several oil spills have been reported by community field monitors. We will pick examples from the last six months.

A major spill occurred on Christmas Day at Agip’s Tebidaba Well 9 at Ikebiri. As the crude spewed into the fragile ecosystem the community was faced with the dilemma of either permitting the oil company to shut down the polluting well or to wait for a JIV before any shut down was permitted. However, shut down was effected to save the environment. The visit comprising officials from NOSDRA, Agip, security personnel, State Ministry of Environment and community representatives, was conducted on 27 December 2015 only to be declared as inconclusive, to the chagrin of the community. An earlier JIV following a spill that occurred at the same oil well in November 2014 was equally declared to be inconclusive and nothing has been heard of it ever since.

Erosion of confidence in regulatory agencies is extremely dangerous in a highly polluted environment such as the Niger Delta. It should be noted that the equipment used for tests during the JIVs are often provided by the oil companies involved.

Community monitors are rapidly losing confidence in regulatory agencies over their handling of oil spill incidents.

“How do they expect us to have confidence in them if they cannot say the simple truth of what they saw? They are all bad and criminal-minded folks who ought to be neutral but fail to be so. I will never trust the regulators again; whether from NOSDRA, DPR or Ministry of Environment,” fumed a community leader at Ikebiri. Erosion of confidence in regulatory agencies is extremely dangerous in a highly polluted environment such as the Niger Delta. It should be noted that the equipment used for tests during the JIVs are often provided by the oil companies involved.

Shell notched some spills within the period, notably the ones at Odau community on 2 June 2015 and at Adibawa Well 8 on 12 July 2015.  The spill at Odau, in Rivers State, spread to Oruma/Yibama community in Bayelsa State. The spilt crude went up in flames some months later, causing severe environmental damage in the Oruma/Yibama community. These incidents highlight the cross-border nature of environmental pollution and the consequences of environmental impunity.

A significant dimension was also highlighted by the multiple spills close to the Okordia Manifold at Ikarama community on 12 August 2015. Terror was unleashed on Ikarama community following that spill and some community members including the paramount ruler were arrested and detained. The arrests were peacefully protested by Ikarama women. Disagreement over surveillance contact arrangement between Shell and community youths was fingered in the incidents and resultant conflict.

Crude oil from ExxonMobil’s offshore facilities washed up on the shores of Ibeno, Akwa Ibom State in November 2015 with tales of woes for shoreline communities.

Another Agip spill was noticed by community monitors when they saw spreading crude in the creeks of Emago-Kugbo on 12 July 2015. The spill site was reportedly set ablaze on 25 July. A community farmer, Dumani Lucky, was burned and choked to death as he attempted to boat through the polluted area to his farm.

A monitor captured the situation this way, “The fire also burned the barge, tug boat and other equipment mobilized for the clamping by Agip or company contractor. In fact, the tug boat sank and is now only serving as an anchor to the barge. After they set the spill site ablaze the whole community environment was as dark as if there was no sun. People had to stay indoors to avoid the smoke. Visibility only improved from midday. Later that day we had a heavy rainfall and the entire community was flooded with dark water. We don’t know what to do because Agip has been treating us badly for so long a time.”

Oil SPill at Ibeno

Death, ecological destruction and inconclusive JIVs portend more harm to the Niger Delta environment. With the delay in proposed clean-up of the Ogoni environment, no seriousness to halt gas flaring and with the continued piling of more pollution, we have to construct a new ecological consciousness on the part of citizens. This consciousness must necessarily include tough resistance to so-called inconclusive JIVs – a not so clever way of blaming the victims and claiming that oil spills are caused by third party interferences rather than putrid pipelines and ill-maintained equipment. The new consciousness should include constant monitoring and reporting and insistence on urgent clean-ups and strict liability on the part of polluters.

I intended to share a Happy New Year greeting, but we are concerned about the survival of our environment and peoples. Nevertheless, have a watchful New Year!

—-

Last photo of Exxon spill at Ibeno by Peace Point Action. Others are photos of Agip incidents by Alagoa Morris

Two Good Days of Inspiring Indignation

CVXuQvhWUAA5Vwo

For two days in the Maison des Metallos, Paris, experts, victims, prosecutors and judges presented or listened to cases of crimes against Mother Earth and at the end judgements were passed. There were solemn spiritual moments, moments of awe at the rapacious destructive capacities of humanity and many moments of tears as these destructions, including murders, were painted in words and pictures.

The International Rights of Nature Tribunal held parallel to the UNFCCC’s Conference of Parties where historical and current climate atrocities or real solutions are loath to be mentioned, not even in square brackets.

The Tribunal derives its authority from the peoples of the world as the children of the Earth. The basic framework comes from the Universal Declaration of Rights of Mother Earth (UDRME) that was adopted at the Peoples’ Summit on Climate Change and the Rights of Mother Earth held in Cochabamba, Bolivia, in April 2010 after the spectacular failure of COP15 in Copenhagen. At the commencement of the sitting of the Tribunal on 4 December 2015, the presiding judge, Cormac Cullinan, led other judges to vote and formally adopt the Convention and Statutes of the tribunal. These guide the running of the Tribunal and underscore the solemn duty of sitting as judges on the cases of infringements against Mothrer Earth.

This was the third session of the Tribunal, having sat first in Quito, Ecuador in January 2014 and then in Lima, Peru in December of the same year. The Tribunal was hosted by the Global Alliance for the Rights of Nature in conjunction with NatureRights, End Ecocide on Earth and Attac France with Natalia Greene heading the secretariat.

As I sat on the panel of judges along with Tome Goldtooth (USA), Alberto Acosta (Ecuador), Osprey Orielle (USA), Terisa Turna (Canada), Felicio Pontes (Brazil), Damien Short (UK), Attosa Soltani (USA), Ruth Nyambura (Kenya), Christophe Bonneuil (France), Philippe Desbrosses (France) and Dominique Bourg (Switzerland) we were repeatedly reminded that all beings on Earth are our relatives and that what we do to anyone of the children of the Earth we do to ourselves. The preamble of the UDRME states that “We are all part of Mother Earth, an indivisible, living community of interrelated and interdependent beings with a common destiny.”

It also came through that the crimes against Mother Earth are often wilfully committed because some people and the transnational corporations see nature as capital and Mother Earth as a dead organism. In a proposed case against cruel treatment of animals we saw shocking video of a wounded bull being butchered alive with hundreds of people gleefully watching.

The prosecutors, Ramiro Avila and Linda Sheehan led the witnesses in bringing out deep systemic alternatives to environmental protection and seeking to show that it must be acknowledged that ecosystems have the right to exist, persist, maintain and regenerate their vital cycles and that these ought to have legal standing in a court of law. The line-up of witnesses helped to ensure that Indigenous Peoples and oppressed communities had the space to share their unique concerns, knowledge and solutions about land, water, air and culture with the global community.

The presentations by experts and victims showed that climate change violates Articles 2 Sub sections a-j of the Universal Declaration of Rights of Mother Earth, especially the right to life and to exist; the right to be respected and “the right to regenerate its bio-capacity and to continue its vital cycles and processes free from human disruptions.”

Witnesses underscored the fact that although climate change is caused mostly by human activities, it is inaccurate to place that blame and the burden for action on all humans. In his presentation, Pablo Solon stressed that 10% of the richest individuals in the world contribute 49 per cent of the greenhouse gas (GHG) emissions and 90 companies contribute over 60 per cent of all GHG emissions. The top corporate polluters include Chevron, ExxonMobil (USA), Saudi Aramco (Saudi), BP (UK), Gazprom (Russia) and Royal Dutch Shell (Netherlands).

Evidence were adduced to show that the trio of governments/politicians, transnational corporations and the UNFCCC are complicit in the climate crimes as they work together to ensure that real solutions are avoided, binding commitments to cut emission are set aside in preference for voluntary or intended actions. In addition, the tribunal rejected the claims that destructive actions were taken on the basis of the necessity of development or that when emissions began to happen, and grew, the polluters did not know or anticipate the outcomes, are unacceptable.

The case was established that at play is the logic of capital and power and that the major corporations who have caused the problems are the sponsors of the COPs and have hijacked the system.

The fact that the extreme forms of extraction promoted by humans are crimes against Mother Earth came through very forcefully when the case of hydraulic fracturing or fracking was taken. Fracking was presented as a RAPE of the Earth and is one of the worst threats against the planet. Facts adduced in this case include that it sets stage for disaster each frack uses up to 2-8 million gallons of fresh water and that one well may be fracked up to 18 times. The process involves the use of up to 750 chemicals many of which, including benzene and formaldehyde are toxic. Billions of gallons of “frack fluid” and 60 per cent of chemicals used remain or are stored underground while the remainder are stored in open air pits.

“We all need nature to survive and it is fundamental that we protect her. Governments should hear the indigenous people who are in the frontlines of defending nature…My struggle is for you, for all of us and for the future of humanity and for the future of our children.”

The Tribunal received evidence of radioactive wastes, toxic waters being left everywhere fracking takes place: in farms, schools, neighbourhoods as well as offshore. Witnesses and experts also insisted that fracking is guaranteed to pollute ground water. Testimonies of health impacts, deaths, rapes and other social disruptions dropped a pall of grieve over the venue of the meeting.

In the case against the Belo Monte and Tapajas mega dams in Brazil, the Tribunal was informed that 60-70 dams were being planned to be built over the next 20 years. Belo Monte alone will destroy 5000km2 of the forest and related biodiversity. The social impacts were described as ecological and cultural genocide against the indigenous communities.

Speaking forcefully about his lifelong work defending the Amazon forest, Cacique Raoni Kayapo told the Tribunal, “We all need nature to survive and it is fundamental that we protect her. Governments should hear the indigenous people who are in the frontlines of defending nature.” Looking piercingly at the panel of judges and then at the audience he intoned, “My struggle is for you, for all of us and for the future of humanity and for the future of our children.”

Other highlights of the sessions include the presentations that demanded that fossil fuels should be left under the ground in line with the findings of science requiring that this be done if we are to avoid catastrophic temperature rise. Oilwatch International presented the case for the creation of Annex Zero (0) nations, sub-nations and territories that have already taken steps or are in the process of doing so, of keeping fossil fuels under the ground. This was presented as real climate action and points at the pathway to a safe world. Examples were given of sites of such initiatives in all the continents of the world. Another highlight was the case for the recognition of ecocide in international criminal law.

The Tribunal accepted new cases including those that will try crimes against animals, the depletion of marine life, the Rosia Montana Mines in Romania, the extreme damage of the environment of the Niger Delta by the polluting acts of Shell and the crimes tied to the extraction of tar sands in Canada.

These were two days of plain talks and truth. They were days in which the raw injuries inflicted on Mother Earth and her children were laid bare. They were days of pain as well as of joy. Tears flowed freely from all sections of the hall. Indignation did not give birth to paralysis but to a resolve to stand up for Mother Earth.

In spite of the pains, the aches and the cries of Mother Earth that her children displayed, the words of Cases Camp Horinek kept echoing that the days of the Tribunal were indeed good days.

 

—This piece was first published as Two Good Days When Crimes Against Nature were Exposed by New Internationalist

 

 

 

Recognising Climate Crooks

 

The COP is an interesting space where climate criminals prowl about in well cut suits dripping with blood. Of course the COP means two key things: Conference of Polluters and more importantly, Conference of Procrastinators. A really toxic combination. When they tell you that CCS means carbon capture and storage do not believe them. Any location stipulated for such activities are actually Climate Crime Scenes. Just like every mine pit or oil well are.

CVUxU8JWsAQOViL

Polluters and their lobbyists hold the keys that insert brackets and other spanners in the works to ensure that real climate actions do not take place. While the toxic output of these polluters pile up profits in bank vaults and stock exchanges, they do all they can to to hide the piles of bodies of children, men and women incapacitated or murdered by their poisons.

Today we are gathered to present badges of dishonour to the leading corporations who have stayed the path of resource corruption and have done the most to earn the recognition for setting the planet on the road to incineration.

The year 2015 is significant in the history of climate inaction. It marks a moment that may be lost if all that world leaders can do is to draw up a chart of intentions and make no commitments to radically cut emissions. The procrastinators are already sliding down the road that would see their intentions coming into force by 2030. By 2030? Really? A full 25 years down the road. The same number of years required to clean up the waters of Ogoniland, Niger Delta, of Shell’s toxic oil spills and other wastes.

And do not forget that a climate cabal had also said that fossil fuels will be phased out by the end of the century. By that time all these decision makers would have turned into fossils, but unfortunately not sufficiently so to provide fuel! So, with these post-dated actions, the future is toasted, fried, scrambled and roasted. All for the sake of corporate profits. All at the expense of the planet and of peoples. There is a climate mafia on the prowl!

Today we are gathered to present badges of dishonour to the leading corporations who have stayed the path of resource corruption and have done the most to earn the recognition for setting the planet on the road to incineration.

We urge these corporations to be proud of their achievement, because they have very clearly gone beyond the limits of what would be humanly and morally conceivable. These are awards for reprehensible environmental, ecological, economic and social activities. These awards are given to highlight obnoxious corporations freely voted by citizens of the world in recognition of their social bankruptcy.

angelic.jpg-large

Climate Angels took the climate crooks to the clouds!

The COP provides the best backdrop for these Pinocchio Awards, because you cannot imagine any other space where billions of dollars have been sunk or a space where leaders of nations, that annually collectively spend over a trillion of dollars on military adventures, gather for backslappings and and yet dither when it comes to raising token money to throw a life line to sinking Small Island States and other vulnerable nations and territories that are victims of climate change.

We urge all winners to wear their badges of dishonour with pride and quickly strut into the raised fists of abused peoples who will no longer stand aside and see their future bastardised. Today we roll out the drums in register knocks on these Kings of Infamy, these liars extraordinaire.

–Talking points used at the 2015 Pinocchio Awards held at  La Flèche D’or, Paris on 03.12.2015 #COP21