COP26: Injury Time

12 years ago 

We were already in Injury Time

Fighting for a temperature target of 1C

Today Nature has been patient enough

So patient not to call off the game

Though the ball has left the pitch

Nature has given humans a moment to think

This is extra time in Injury Time

It is time for action!

Here we are redefining idiocy

Trumping good sense with xenophobic nationalism 

Silencing the victims via vaccine apartheid 

Standing on Nationally determined 

Self destruction

Here we are Conferencing and Partying

As though global warming 

Has suddenly become a national warming

And not a global  catastrophe

This is extra time in Injury Time

It is time for action!

The celebrated Paris Agreement 

Set out “1.5 degrees” and obviously jokingly added 

Or “Well below 2 degrees”

If my maths is right

Well below 2 should fall far below 1.5

Right?

But flags were raised, glasses clinked, backs were slapped

To celebrate such arrant technical nonsense 

This is extra time in Injury Time

It is time for action!

Now the con men openly run crazy

Do what you can do

Lie about what you will do

Set deadlines to when the beings on the Planet may all be dead

Net Zero by 2030

Net Zero by 2050

Net Zero by 2060

Net Zero by the turn of the century 

Net Zero isn’t Zero

This is extra time in Injury Time

It is time for action!

Keep polluting

We can capture the carbon

Keep consuming 

We can bury the waste

Keep cooking the planet

We can set sunshades in the sky, fertilize the ocean 

If folks stay stupid we can label whales and elephants carbon sinks

Reinvent slavery and colonialism for more sinks

This is extra time in Injury Time

It is time for action!

The Sahara is expanding 

Deserts showing up in the Amazon 

Polluters fighting to trash Okavango

Glaciers melting

Climate refugees floating on the Mediterranean

Forests burning

Oceans cooked

Islands disappearing

Mad cyclones, hurricanes 

Yet you dig more fossils, burn more coal, oil, gas 

And power locust invasions

Across the Horn of Africa

As you worship fossil dollars 

On the altar of greed

This is extra time in Injury Time

It is time for action!

We refuse to allow polluters and mad men 

shooting wildly with hot guns

On COP movie sets

Dancing with hot guns on the graves of the poor

On COP movie sets

Awake people, 

Arise people

Mother Earth is not a movie set

This is extra time in Injury Time

It is time for action!

12 years ago 

We were already in Injury Time

Fighting for a temperature target of 1C

Today Nature has been patient enough

So patient not to call off the game

Though the ball has left the pitch

Nature has given humans a moment to think

This is extra time in Injury Time

It is time for action!

This is time for a Peoples’ COP

I hear the echoes of Cochabamba 

When People’s stood up for climate justice

And the Rights of Mother Earth

Rejecting militarism 

Exposing the dirty fingers of market Environmentalism

Denouncing carbon markets shrouded in divers cloaks 

Now they must hear our resounding rejection of so much noise without action

This is extra time in Injury Time

It is time for action!

  • Nnimmo Bassey

6.11.2021 written and read at the Global Day of Action (COP26)

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

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

I will not Eat a Pesticide

Food and nutrition are key to human health. We strive to ensure that we have nutritious foods and that the seeds from which we produce these foods are free from contamination and do not pose a threat to our biodiversity. It is a fact that biodiversity is key to food sovereignty as we work to ensure food security. Food Sovereignty is achieved when we have the freedom to maintain our seeds/foods and cultivate and consume them in ways that are culturally appropriate and safe. 

In a recent Right Livelihood lecture (hosted by the University of Port Harcourt), Prof Hans Herren stressed that African farmers could nourish the continent if certain basic conditions are met. The production of nutritious is based assured through the cultivation of crops in methods that are in harmony with nature. This means using biological means of protecting crops and using organic fertilizers rather than toxic pesticides and chemical fertilizers. Healthy foods are more likely going to be produced when the farmers are not only concerned with profit maximization but aim to get nutritious foods to the market.  Herren also stressed that were there is a healthy relationship between farmers and consumers, the dietary choices of consumers tend to shape farmers’ choices. In such a situation the best pathway is agroecology – an agricultural system that is both socio-culturally appropriate and ecologically healthy.

In considering nutrition and food safety, we cannot afford to ignore the smallholder farmers who are those feeding us and the entire world today. We often tend to look down subsistence farming because it is not wedded to the agribusiness web. This notion is indefensible if we accept the fact that 70 percent of the for that we eat comes from these farmers using a mere 30 percent of the resources available in the sector. An understanding of the key role these farmers play and that most of our people make a living from smallholder farming requires investment of resources to shore up the efforts our farmers.

Smallholder farming needs to be integrated into our farming system to achieve sustainable agriculture and food security. This farming system protects the three dimensions of sustainability – the ecology, society, and economy of people. To achieve this, there is a need to preserve the diversity of crops and varieties that provide the nutrition that we need for good health. This requires the protection of farmer saved seeds and protection of varieties that local farmers have selected and developed over the centuries. The implication of this is that the whittling down of varieties due to commercial and related narrow interests must be rejected.

The point is that there are over 3000 crops that can be farmed in Africa, but farmers have been pushed into farming just a few varieties to the detriment of our peoples. Today we see increasing pressures for the adoption of genetically modified crops in Africa. These crops are mostly genetically engineered to withstand dangerous herbicides which kill other varieties except the engineered ones. The basic facts here is that the crops serve the interests of the chemical companies who concentrate their power of control over the sector and expose farmers and consumers to harm. Other crops are genetically engineered to act as pesticides and kill identified pests that would otherwise attack the crop or seeds. Examples include Bt Cotton and Bt Cowpea or beans. The implication of eating a seed engineered to kill a pest if that you are eating a pesticide.

There are other cosmetic reasons for genetically engineering crops, fish, and animals, but those are not our focus today. We wish to stress the failure of genetically engineered crops to pass the sustainability test and emphasize the fact that they derogate our right to safe and wholesome food. Crops that pass the sustainability test, should protect soils and biodiversity as well as the quality of life of farmers, consumers, and society at large.

Thousands of lawsuits have been instituted in the USA and Europe against Monsanto (and Bayer who bought up the company) over their glyphosate-based herbicides. Glyphosate, an active ingredient in the herbicides used on several herbicide tolerant crops have been classified as a probable human carcinogen by the International Agency for Research on Cancer(IARC). It is also reported that animal studies have shown such herbicides to be genotoxic, meaning they damage the DNA. They are also known to be endocrine disruptors. 

Glyphosate based herbicide applications are also known to alter soil microbe populations, and this may contribute to the proliferation of plant and animal pathogens, and negatively impact plant growth and productivity. These chemicals are harmful to soils beyond the plants that farmers may consider to be weeds. A recent report also showed that aquatic creatures exposed to glyphosate-based herbicides have suffered deformities and had oxidative stress in the brain and affected behaviour of the fish.

One point that must be noted is that genetic engineering in agriculture ignores the fact of the interdependence of species in the webs of life. While they aim to protect one crop, for instance, they end up destroying several others and destroy soil organisms as well. A similar situation occurs with pesticidal crops. They kill both target and non-target varieties. The practice of chemical-based agriculture has led to the decimation of butterflies, bees, and other pollinators, thus posing a serious threat to future food supply and the health of our ecosystems.

Responsible use of technology in agriculture requires that we keep careful watch on their effect on human and environmental health. We also need to consider the fact that technologies that promote monoculture and erodes our biodiversity is not sustainable and must be avoided in a world that is almost at the brink of ecological collapse. We cannot afford to make a fetish of techno fixes or consider them to be silver bullets. 

The arguments used in the promotion of genetically engineered crops do not hold water. The argument that we need GMOs to be able to produce enough food for a growing global population is a myth. GMOs have not led to an increase of food production since their introduction over twenty years ago. In any case, about 30 percent of the food currently produced in the world today goes to waste. In Nigeria, a high percentage of harvests do not make it to the market or to dining tables due to a dearth of storage or processing facilities, and due to poor state of infrastructure. When we throw insecurity into the mix of adverse factors it becomes even clearer that we open a space for manipulations that can complicate our security concerns simply because we are yielding to commercial myths. 

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.

——–


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

Talking About Seeds and Foods

Research has shown that although there are many policies around aspects of agriculture in Nigeria, there is no organizing policy that ties everything together. Officials work on silos and sometimes actively protect their turfs and appear not to care about the systemic implications of their stance. The link between seeds and plant varieties is downplayed while those protecting plant varieties do not worry about the origins of the varieties and the purposes for which anyone may wish to introduce them. Our system overlooks the fact that small scale farmers are highly innovative and grossly underestimates their productivity. People wave off small scale farmers as the key to meeting the food needs of the world, ignoring the fact, for example, that pastoralists in the Sahel region produce 2 to 10 times more animal protein per square kilometre than farmers in Australia and the USA.

Another matter of serious concern is a bill that has been passed by the National Assembly and which may get signed into law. We believe that if signed into law, this Bill will spell disaster for our agriculture and farming systems. We are referring to the Plant Variety protection (PVP) Bill. The bill aligns with the International Convention for the Protection of New Varieties of Plants (UPOV), a patent driven system formulated without the participation of African countries and designed by “countries where agriculture is a business rather than a way of life.” Such countries have a tiny fraction of the population involved in agriculture which is of the industrial type. 

Once in place, farmers will be criminalised if they duplicate or share seeds registered under this law. Proponents of the bill tout the roaring success of UPOV and often cite Vietnam as a country where UPOV brought about dramatic increases in farmers’ productivity. A UPOV paper published in 2017 claimed that there were annual yield increases in rice, maize and sweet potato attributable to developments in plant-breeding activities to the tune of 1.7%, 2.1%, and 3.1%, in the 10 years after Vietnam became a member of UPOV. The paper also claimed that 74 million people could be fed with the additional sweet potatoes produced and portrayed those increases as being connected to Vietnam’s membership of UPOV. A recent study has now revealed that not a single application for plant variety protection (PVP) had been filed with Vietnam’s Plant Variety Protection Office (PVPO) for sweet potatoes – the crop reported with the highest yield increase in the UPOV paper. High yields have also been recorded for cassava without any application for plant variety protection.

Although the proponents of this bill insist that genetically modified organisms (GMOs) will not creep into the food system as part of the new plants varieties, there are some worrisome provisions in it. Clause 9 establishes a PVP Advisory Committee which includes known GMO promoters such as the National Biotechnology Development Agency (NABDA) and the biosafety regulatory agency, NBMA. The bill makes no space for civil society representation and none for smallholder farmers except where it mentions “the registered farmers’ association.” Saying “the” rather than “a” suggests that the registered farmers’ association is already known to the drafters of this Bill. 

The PVP bill Clause 13 (2) says “The grant of the breeder’s right shall not be subject to any further or different conditions…” In other words, this act locks breeders’ rights in concrete. It could preclude the development of appropriate laws and policies to decriminalize farmers’ seed systems and farmers’ rights and is grossly inequitable. It also restricts Nigerian farmers rights more heavily than the laws of Brazil, Argentina, China, South Africa, etc. 

Another interesting provision isClause 19(7) which states that if a member of a international organisation protects a variety and brings an application by itself or in partnership with another organisation, the Registrar will register such an application unless he considers the denomination unsuitable for Nigeria. Note that this clause places national sovereignty and ecological integrity of the nation in the hands of the Registrar. Clause 29 (5-6) of the bill appears to be a backdoor for GMOs to be registered. It states that any variety that can be seen as unique varieties would be registered and protected.

We have taken time to talk about the PVP Bill because it is already on the President’s table and could be signed into law at any time. This is the time for the bill to be withdrawn and returned to the drawing board for real public consultations and inclusion of the views of small-scale farmers who risk being criminalised through this piece of legislation. Nigeria needs an omnibus law that covers plants, animals, and fishes. Rather than approaching food in silos, promoting the interest of seed oligarchs and speculators, we should be looking at how to create spaces for the celebration of traditional ecological knowledge and technologies and at how to amplify our traditional diets and cuisine. We should look for ways to encourage research into these as a sure pathway to secure our food systems for now and for the future.

We should never forget that food is a human right, and no one should be subject to the indignity of chronic hunger and malnutrition. Our composite farms offer foods needed for balanced nutritious diets rather than what plantation monocultures or green deserts offer. This is the time to build a food policy anchored on agroecology. It is time to support our farmers with adequate extension services, infrastructure, finance, and market access.

Some of the identified problems would not exist if the gap between policy making and the people were closed. The collapse of the local government structures and the limited concern of state governments to the fortunes of small holder farmers compound the problem. This gap is accentuated by the fact that small scale farmers are not consulted in policy making processes. As the research commissioned by HOMEF has shown, government should ensure that food policies are coherent, implementable and that they address the challenges in the food sector. We stress again that farmers, consumers, and other stakeholders in the food sector should fully participate in decision and policy making in this regard.


These were my talking points at HOMEF’s Food Policy Dialogue on 06 May 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.

Emerging Technologies and the Politics of Hunger

The number of persons in the world that go to bed hungry hovers around 700 million. The hungry equally fall under the same category as the malnourished besides those whose plates may be loaded with unsuitable foods.  COVID-19 is also said to have put about a third of food and farming livelihoods at risk. Interestingly small farmers, herders, and fishers who account for about 70 percent of the global food supply are also among the most vulnerable to food insecurity. There are also estimates that a shocking 3 billion people or more cannot afford a healthy diet in the world today. And such persons are found in all parts of the world.

Hunger is not a neutral phenomenon and can be triggered by a number of factors, including being used as a weapon during wars and as a political tool through hunger strikes. Generally, people are not hungry due to lack of food, but more on account of lack of access to food, poverty and violent conflicts among other factors.

The politics of food and hunger require that we examine why hunger persists in a world where about a third of available foods either go to the waste bin or get spoilt while in storage. The situation where some people are forced to eat foods that are unsuitable, inappropriate and non-aligned to their bests interests or culture needs to the interrogated.   

Hunger is a critical matter for policy making because it concerns everyone as everyone needs food for survival and as a right. Hunger can debase a person’s dignity and wilfully starving anyone is a crime, an infringement on their right to life. The spectre of a national or global population bursting the charts can raise fears of hunger and force decisions that overlook food quality but rather focus on quantity. Indeed, talks of food security sometimes appear to be a call for anything that can fill the belly in the name of food. Hunger is a powerful tool often used to subvert arguments for ecological agriculture and support of majority farmers – the small holder farmers. The fear of a projected galloping human population has literally become the vehicle for speculating on foods and for promoting technologies and practices that would otherwise be treated with a healthy dose of scepticism. 

The politics of food shortages have been shown by some analysts to be a system where food supplies are underestimated while future demand is overestimated – all based on doubtful assumptions. While projecting rapid and continuous population growth, policy makers ignore the fact that improved socio-economic conditions would naturally place brakes on such exponential growth. It can be argued that such projections are reflections of the fact that policy makers have no intention of building pro-people policies that cater for the optimal wellbeing of the people. 

It is intriguing that policy makers reject small holder farming despite research outputs showing that the best chance for the world to meet her food needs is not to be found in industrial scale, chemical-intensive agriculture, but in non-polluting agroecological production that cools the planet, does not pollute the environment and revitalizes rural communities. The fact that small holder farming feeds the world was validated by the International Assessment of Agricultural Knowledge, Science and Technology for Development’s (IAASTD) Agriculture at a Crossroads.

Emerging Technologies

Technologies and technofixes receive instant attention in today’s world. This happens in many sectors including that of agriculture and food. Wearing the cloak of being hunger killers, genetically modified organisms (GMOs), gene edited organisms, synthetic biology and intensive use of pesticides are all presented as the solution to hunger in the world. For over two decades GMOs have been touted as providing super yields and being capable of fighting off pests as they act as pesticides without creating a dent on the hunger figures. Meanwhile the system rigidly neglects those feeding the world through farming in cooperation with Nature. 

With the rise of artificial intelligence, big data and rapid technological innovations, the agricultural sector is seeing a rising population of digital networks and data merchants. The argument for the technological pathway echoes what was said of GMOs: to increase yields, slash harvest times, and ultimately reduce costs and environmental impact. This goes beyond genetic manipulation and aims at automated agriculture that would require little assistance from humans. The lure of the promise of precision agriculture where machines would take the supposed drudgery out of farming can be quite attractive to those who don’t see the wider picture of agriculture and foods.

In automated agriculture, systems are being developed that have ability to “monitor, feed, and harvest crops from seed through to sale. Automation combines the use of a wide array of sensors, computers, feeding mechanisms, and everybody’s favorite, robots. Complete automation is a nearly self-sustaining system that can handle all day-to-day activities on the farm. It all but removes the need for human staffing, which can be good or bad depending on how you look at it. One of the core resources of automation is a vast network of sensors.” 

With the ravages of COVID-19 and climate change, technofixes have become indeed so attractive that they have become highly fetishized and irresistible. We are made to believe that resilience and adaptation to the dawning future requires wholesale acceptance of crops generated in laboratories and farms run by artificial intelligence besides appetites and choices molded as we click on social media buttons. At this point we should pay attention to the points made by the ETC Group: Putting food security at the mercy of digital networks and potential data glitches worries governments and food movements alike. So does the plight of farmers (who are forced off the land into ‘smart cities’ and e-commerce villages, or reduced to digital out growers).

Some of the emerging tools, technologies and systems include the following:

Gene-editing, a new technique for altering the genetic make of plants, animals and humans. It is said to be a precise science, but results have been seen already showing that there are unintended outcomes. There are serious ethical concerns about its application, and these must be considered along with the pure scientific exercises.

Synthetic biology has been defined in many different ways. According to the CBD, “the key features of synthetic biology include the “de novo” synthesis of genetic material and an engineering-based approach to develop components, organisms and products. Synthetic biology builds on modern biotechnology methodologies and techniques such as high throughput DNA technologies and bioinformatics.”  It could also involve the redesigning of organisms for desired purposes or to have new abilities it would not have in nature. Synthetic biology has applications in agriculture, medicine and manufacturing.

Nanotechnology involves the manipulation or building of structures at nano or very tiny scale.

Robots like drones which are used to autonomously plant seeds, tend the crops and harvest them. Satellite imaging, weather tracking and possibly geoengineering can come into play. 

3D Food Printing – There are ongoing research on 3D printing of foods so that you can have the food you need with a combination of specifications at the press of a button. These would offer digitalised nutrition and customised food designs.

An History and a Future

From the signing of the National Biosafety Management Agency Act in 2015, things have taken a predictable downward spiral in Nigeria. Indeed, the dangerous slide probably began with the establishment of the National Biotechnology Development Agency (NABDA) in November 2001 on the strength of a National Biotechnology Policy adopted in April 2001.  Setting up an institution such as NABDA without a regulatory agency in place meant that Nigeria was a playing field for promoters of modern agricultural biotechnology without any oversight over the processes. Probably recognizing that they could not openly pursue their mandate, the agency became a major driver concerning what sort of regulatory agency should be put in place. And when NBMA was finally birthed, NABDA, the topmost official promoter of the technology assured itself a seat on the board of the regulatory agency. It can be said that NBMA is a baby of NADBA. As expected, this agency teamed up with an infamous company to obtain the early approvals for the official entry of GMOs into Nigeria.

Whereas the mandate of NABDA is the “promotion, coordination, and deployment of cutting-edge biotechnology research & development, processes, and products for the socio-economic well-being of the nation.” Its vision shoots first at “food security” before mentioning “job/wealth creation, affordable healthcare delivery, and sustainable environment.” The major campaigns and advocacy of these twin agencies have been on modern agricultural biotechnology or promotion of GMOs which they loudly proclaim as safe as though they were professing a religious doctrine and not a science prevalent with uncertainties and guided by precaution. 

The point we are making is that NBMA was principally set up to legitimize the aspirations of NADBA. The maiden State of Biosafety in Nigeria report issued by Health of Mother Earth Foundation shows how key principles of biosafety, including the Precautionary Principle, have been downplayed. It also shows how public consultation and opinion received scant attention in this crucial sector. HOMEF’s market shelves surveys conducted annually since 2018 show that there are several products with genetically engineered ingredients in our markets for which there are no approvals from the regulatory agency. We also note that there is no clear sync between agencies regulating foods that get to our market shelves and to dining tables. 

Recall that Nigeria was once a frontline state for the liberation of Africa from vestiges of colonialism. The nation has now become the soft entry point of risky technologies, agrochemicals and manifestations of agricultural neocolonialism into the continent. The Bt. cotton variety that failed in Burkina Faso is the same variety approved for cultivation in Nigeria indicating how much thought and rigour goes into the process here.

Dangers Ahead

The modern agricultural biotechnologies we are discussing are mostly the basic varieties involving the transfer of genetic materials from one specie to another to accord certain traits such as to be herbicide tolerance or being pesticidal. Emerging food technologies such as gene editing do not require cross species manipulations but can edit genes in a particular species with the aim of forcing certain traits or even triggering extinction.  Gene editing can readily be weaponized and should be a concern for our national biosecurity.

It is mindboggling for Nigeria to expand the scope of her biosafety regulation to cover gene editing and synthetic biology when the handling of the elementary versions has generated serious doubts and worries. The NBMA Act 2015 was amended in March 2019 to open the way for gene editing and synthetic biology applications by inserting their definitions in the Act. This was followed by Gene Editing Guidelines prepared and adopted by NBMA. The guidelines offer a peculiar process that allows some gene edited products to be approved without going through the rules governing the approval of GMOs if the agency reckons that the product does not contain any recombinant DNA. Meanwhile the Act, as amended, declares that no one would engage in gene editing without the approval of the regulatory agency. We note that the determination that the product has no recombinant DNA will be made by NBMA who would then allow gene editing to proceed unregulated and unhindered. More troubling is the fact that such approvals can be given within 21 days of the application being submitted to the NBMA. This approach of the NBMA if allowed to stand will completely expose Nigeria to grave risk.

Time to Retrace Steps

It is not too late for Nigeria to get out of the biotech hole before it turns into a bottomless pit. The so-called guidelines for gene-editing and extreme GMOs are dangerous and needless – just as the permission of GMOs has always been in Nigeria. We are at a time in this nation when simple mechanical equipment are not maintained; where refineries refine zero barrel of crude oil while guzzling humongous amounts of money; where for a nation of so many millions we barely manage to generate 4000 megawatts of electricity. We are in a nation where research and educational institutions are crying for basic equipment and receive scant attention. We are unfortunately in a nation wracked by corruption and insecurity. The flagship biotech laboratory in the country is in a temporary cabin. We do not need to add risky technologies that clearly pose a security threat to our peoples and environment.

As we have said elsewhere, the purpose of introducing the so-called definitions into the Biosafety Act was to create a crack in the door so as to open Nigeria to vested interest promoting the easy-to-weaponize and extinction-driving gene editing technology. NBMA has again shown itself to be determined to lead Nigeria and Nigerians on a path of no-return. This agency should be called to order. At no time should Nigerians be used as guinea pigs or laboratory rats.

Who is feeding the world? Who is feeding Nigerians? Who will feed us into the future? It is time for us to recognize the facts of our best interests and support agroecology, small holder farmers and provide their basic needs including infrastructure, storage/processing facilities and extension services. It is time to halt and completely overhaul the biosafety architecture in Nigeria and invest resources towards ensuring that our farmers get out of poverty and hunger and do what they have always done and struggle to continue to do.


Presentation at HOMEF’s Biosafety Conference held on 13 April 2021 in Abuja, Nigeria

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.