New PIB: Coming in Four Draft Bills?

O&GReportcoverNew PIB is coming in four parts

Petroleum industry watchers in Nigeria have been wondering whether the Petroleum Industry Bill (PIB) that has been in the works for almost a decade would eventually be junked. Information emerging from those who should know suggest the PIB, much resisted by transnational oil companies operating in Nigeria, would now come in four separate and perhaps palatable bits

Signals coming form the Petroleum Resources Ministry suggest that the primary concern of the ministry is the business part of the entire petroleum industry architecture. Indeed, a version of the first Bill in circulation (The Governance and Institutional Framework for Oil and Gas) is not at all concerned with the environment. It mentions gas flaring just once and this in the same breath with fracking! Could the Ministry thinking of embarking on fracking while gas flaring goes on unabated?

That same version of the first Bill has no mention or reference to communities in which oil and gas activities are being carried out.But then, its focus is governance, not environment and not communities.

It does appear that none of the four pieces of law will have any focus on environmental or community health concerns.

According to a report in the January 2016 edition of the Africa Oil & Gas Report, “The Governance and Institutional Framework for Oil and Gas is the first of four proposed bills that will be sent to Nigeria’s bicameral house of legislature: The National Assembly, for passage by the Muhammadu Buhari administration.” It is speculated that four versions of the draft of the first Bill is currently in circulation at the National Assembly. This seems to be in sync with the spirit of the comatose PIB.

Africa Oil & Gas Report suggests that the breaking the PIB into four different legislations may be part of the learning from the inability to pass an oil and gas reform law by the last two governments.

It does appear that none of the four pieces of law will have any focus on environmental or community health concerns. Information suggests that the second bill after the ‘Governance and Institutional Framework’ Bill will be the Fiscal Reform Bill, that will focus on fiscal issues in the industry. The third bill will be concerned with Licencing Rounds, while the last legislative bill regulating the petroleum industry will be the ‘Revenue Allocation and Management‘ Bill. Africa Oil & Gas quotes  a source as saying that “Part of what the last bill will propose is what will go to the communities, in terms of percentages.”

It is indeed essential that communities receive due payments for the massive cash milked from their environment, it will be unwise to imagine that environmental concerns can be buried under a whiff of cash, no matter how sweet the smell. While the draughtsmen are at work, it will be essential for them to pay in-depth attention to halting gas flaring and the dumping of toxic wastes in the environment. They should also block the loopholes that allow oil companies to casually blame most oil spill incidents on the victims of their dastardly environmental misbehaviour.

 

They Don’t Care if We Exist – Crude oil Spill Impacts at Forcados

14th February was celebrated as Lover’s day across the world, but in parts of the creeks of the Niger Delta it turned out to be a tragic day. While lovers dressed with a touch of red, Forcados communities were braced for the unknown with the threat of having their water ways coated with crude oil rose by the hour. On that day, Shell Petroleum Development Company (SPDC or Shell) announced that there was an oil spill from their 1.2 metres (48 inches) export line and that they were investigating the cause. The point of leak lies under 4.5 metres of water.

To be sure that the right thing was done, that the environment was protected and that communities were not left in limbo, the Minister of Environment, Amina Mohammed and the Minister of State for Environment, IBRAHIM Usman JIBRIL, visited the Forcados Terminal on 19th February to see things for themselves. They forsook the luxury of getting there on a chopper and took to the boats to get there through the choppy, and at times, treacherous waves. Their move sent a strong signal that the business of ecological defense in these parts was taking a necessary curve.

We should also say here that since taking office, these ministers have toured the environmental crisis hot-spots in Nigeria – including those polluted by oil and industrial activities, those impacted by desertification and loss of wetlands and those facing the menace of gully erosion. They have also been in constant consultations to ensure that the implementation of the UNEP report on Ogoni environment is not only implemented but that other parts of the Niger Delta would not be left on the lurch.

WP_20160219_033The trip to Forcados was all business. Forcados in Burutu Local Government Area of Delta State, Nigeria hosts the second oil export terminal in Nigeria besides the one at Bonny in Rivers State. There was no media announcement and no paparazzi. Government officials on the visit were John Nani – the Commissioner for Environment, Delta State and Dan Yingi – Chairman of the Environment Committee of the Delta State House of Assembly The other officials were Mrs Akutu -the Permanent Secretary in the Ministry  and  Idris Musa of the National Oil Spill Detection and Response Agency (NOSDRA). And then there were three of us from the environmental justice constituency: Emem Okon, Monday Itoghor and yours truly.

Arrival at Forcados Terminal was an hour’s bounce on the waves in a convoy of military boats. On the way we passed solitary boats with stoic fisher women and men hoping for a catch, and obviously at home with the boisterous waves around them.

On arrival at the Terminal, the visiting team was given a presentation on the incident by Shell officials. Before zeroing in on the incident, they went on a history tour of developments on the Terminal as well as on past incidents.

Spills remembered

The terminal commenced operations 1971, that is 45 years ago and had a major upgrade in 1998.

Shell noted that the incident of 14th February 2016 was almost on the 10th anniversary of an 18th February 2006 militant attack on the pipeline. They also mentioned an attack on their 36 inches produced water pipelines in 2006. Produced water is dumped into the creeks and rivers of the Niger Delta after treatment by the production companies.

The company provides constant electricity from gas turbines to the two major communities in Forcados, Ogulagha and Odimodi. Shell has 36 power generating turbines here and only needs 2 to power their operations at the Terminal. Since the shutdown power is supplied from diesel run electricity generators. This may soon be rationed as supply runs low.

Shell also informed that on 4th March 2014 there was a third party interference on their export line at a depth of 8 metres and that this was a through a sophisticated theft point that only professionals could have done.

The current spill happened 5km off the coast and led to a shut in of 300,000 barrels a day of crude oil from government owned Shell, Nigerian Petroleum Development Company (NPDC) and a Nigerian company, Seplat Petroleum Development Company.

Chronology of a Spill and Response

The loading of a vessel, MT Yamuna Spirit, commenced from 10:00 am on 12th February 2016. Loading was suspended at 0:20 am on 14th February when the spill was noticed. Seplat and NPDC were informed to stop pumping crude oil to the Terminal at 5:41 pm on 14th February.

Shell deployed booms at 9:35 am on 15th February to curtail the spread of the crude and a specialised surveillance aircraft arrived from Ghana at 10:30 am on 17th February to join the effort. By the time of the visit, they had deployed 27 skimmers and plastic tanks for collection of recovered crude. They also stated that community people were recruited to join the clean up effort.

There were booms and skimmers deployed by Shell here, but these were clearly rudimentary and ineffective. The crude oil simply coursed beyond the feeble booms while the skimmers whirled and skimmed what they could.

When the Minister asked what actions had been taken to protect and assist the impacted communities, Shell officials informed that so far they had recovered 25 barrels of crude and had mobilised relief materials such as rice, beans, vegetable oil and water to the major communities.

Tellingly, Shell would not disclose how many barrels of crude oil has been dumped into the sea, creeks and the lands from this incident.

Cause of Incident

WP_20160219_023Although investigations by the Joint Inspection Team –made up of company and government officials, as well as community representatives- have not been concluded, Shell insisted that the spill was caused by a third party interference. How are they so sure of this? They displayed thick concrete pieces collected from the sea bed at the point of leakage. The pipe is protected by being encased in concrete reinforced with wire mesh. The second point that they claimed provided irrefutable proof was that some communities people informed them that they heard a big bang at a time that coincided with when the spill occurred.

On being questioned by the Minister of Environment, they agreed that they would have to wait for the conclusion of the investigations and further expert examination, before drawing any conclusions about the cause of the spill.

My note here was that even if the exact time of the rupture of the pipe was known, hearing a loud notice from the community could not rigidly prove that a third party interference had occurred on the pipeline at a point 5 km out at sea. That sounds like one “hearsay” taken too far!

The Minister of Environment appreciated the fact that Shell notified her ministry of the spill on 15th February. She told them that President Buhari is determined to ensure a clean up of Ogoniland as well as the entire Niger Delta. She noted that whether the present incident was caused by equipment failure or by third party action, the government was concerned that the communities, the environment and the economy should not suffer.

They Don’t Care if We Exist

After the Official presentation it was time to visit some of the impacted communities. We headed towards the open sea, but after about 15 minutes in choppy waves and heavy salt water sprays, it was obvious that it was not the right time to proceed in that direction using the boats we had. So back to the Terminal we returned. From here we went to Oseigbene  village (also called Okutu) right at the edge of the Terminal to see things for ourselves.

Shell had tried to say that the spill was being contained and kept from hitting the shoreline, but the visit to this village showed very extensive crude oil pollution of the community, especially their creek, the major source of potable water. There were booms and skimmers deployed by Shell here, but these were clearly rudimentary and ineffective. The crude oil simply coursed beyond the feeble booms while the skimmers whirled and skimmed what they could.

The mangrove forests were heavily impacted. Dead crabs and fish littered the shoreline at the village. It was a river of oil as far as we could see. The effort to put up a clean-up show for the visiting Minister did not quite pan out as they may have expected.

Community women spoke up. The told the Minister that Shell does not appear to care whether they existed or not. That no one cared if they were humans. They had no road, no electricity and no water. They had no jobs and were not engaged in the clean up processes. They had also not received any relief materials. Their children were sick as a result of the spill and some were in hospitals receiving treatment. After the visit the oil company officials said they were not aware of any illnesses arising from the spill.

The Minister assured the community that her visit was to ensure that their situation was handled properly and that their environment would be cleaned up. She also noted that the women and children bore special impacts from incidents like the present one and that something would be done to assist them.

A short helicopter overflight of the spill point showed efforts being made to curtail the spread of the spill. Again the booms deployed out there did not appear to far any better than the ones seen at Oseigbene.

This is the story of oil and the Niger Delta.

Arrival of The Last Militant

2 booksThe word militant elicits a certain meaning in Nigeria and like the word insurgents people often link it with violence. Another word that has taken on peculiar meaning in Nigeria is restiveness – a descriptive word assigned to agitated Niger Delta youths totally radicalised by fossil fuels extraction pollutions and unwilling to stay civil in the face of oppressive injustice.

Patrick Naagbanton, a man of many parts – journalist, environmental/human rights activist, poet, etc. – has just added two important books to the Nigerian literary scene. One is a collection of poems titled Fury of the Fisher Woman and the other is The Last Militant – A biography of Comrade Cheta Ibama Ibegwura – and the struggles for workers’ rights in Nigeria, justice and self-determination in the Niger Delta region..

Furious Fisher Woman

The poetry book is loaded with anger, death and defiance. Poignantly, except for when the writer mentions “other unsung comrades (dead or alive) whose stories are not yet told,” both books are dedicated to persons who have departed from the physical plane. They nudge you to closely study Nigeria’s tragic post colonial history – an history that current political leaders would rather sweep under the carpet.

Writing for the victims of the Umuechem massacre of 1st November 1990, the poem titled The Script opens with these lines:

Distress marches

Clad in black on the precarious pipelines

Demanding to drink from it along the

Bush paths of Umuechem

On the sad day on which Ken Saro-Wiwa and the Ogoni 8 were murdered, Patrick wrote under the title Hangmen:

Their banter of blood shall soon end 

And I shall sing our funeral songs

They shall weep as we are weeping

With the troubled tribe

Militant to the core

As Patrick states, “the story of Cheta Ibama Ibegwura, popularly called ‘Wati’ and later ‘Comrade Che’ is the story of Nigeria.”  And the book, “The Last Militant, though a biographical work, also takes us through a whole range of issues such as the histories of great organizations and movements– their successes and failures in Nigeria.”

One is tempted to ask: why Patrick chose to label Comrade Che a militant? Synonyms for militant include: activist, confrontational, aggressive, radical, revolutionary, belligerent, combative, pugnacious. Within the array of words, the closest in meaning to the legend we all know as Comrade Che would be radical and revolutionary. He is a gentle, uncompromising militant. At 83 years, Apostolic Comrade Che remains resolute in the struggle for human and environmental justice as well as for community rights.

Through the book we learn of his militancy in political actions, pro-democracy activism and in inspiring trade union consciousness. A freelance revolutionary, as Patrick terms him, he continues unwaveringly in the pursuit of militant causes.

Comrade Che before Comrade Che

Here is an extract from the foreword I wrote for the book: This is a story of courage, love, commitment and passion. It is a story that shows the triumph of the human spirit even in the most hazardous situations. It is a story of a survivor.  He indeed survived many detentions, false imprisonments and assassination attempts. He admired his late friend, Ken Saro-Wiwa, and the Ogoni people for ‘being true to the struggle in the naked face of mass arrests, killings, government and crude oil induced bribes.’ Unfortunately, he could not say the same for the organising ability and fidelity to causes by his own immediate people.

Apostolic Comrade Che, as I call him, is a very inspiring man. His simplicity is unpretentious. He is a man of ideas and is always willing to share such ideas. This book reveals much that is not readily known of this great man. I have known Comrade Che and benefitted from his friendship and fatherly counsel, from the mid 1990s. However, reading this book brings me face to face with him as though I only just knew him for the first time. In fact, until I read this book I always thought that Cheta Ibama Ibegwura was named Comrade Che after the famous Argentine internationalist. Behold, he was already Comrade Che before he ever heard of the other Comrade Che.

Not a Book Review

This is not a book review. It is a tribute to my mentor and teacher, Comrade Che. It is also a thank you note to Patrick for penning these powerful books. The books published by Creektown Books (Lagos) will be presented at a public event in Port Harcourt, Nigeria, on 5th March 2016. Get the books and review them yourselves!

 

Oil, POWER and ENVIRONMENT in the 2016 National Budget

NASS Budget-CSOsLooking at aspects of the 2016 National Budget[1]

We applaud the leadership of the Nigerian National Assembly (NASS) for convoking a consultation with civil society over the 2016 National budget. This level of engagement points to an era of openness and inclusiveness that will ensure that the voices of the people are heard.

This contribution is restricted to a few aspects of the capital expenditure earmarked for the Petroleum Resources, Power Sector and for the Ministry of Environment. These sectors undergird other areas of our national endeavour and deserve close scrutiny.

We do not wish to get entangled with recurrent expenditure issues as these comprise mostly personnel costs, some of whom may be ghosts!

PETROLEUM RESOURCES

It is most surprising to see a whopping N200,000,000 proposed for the “Passage of Petroleum Industry Bill (PIB).” We would like to see the detailed breakdown of this sum in order for us to be able to make sense of the proposal.

With the budget still largely predicated on crude oil revenues, an unpredictable and increasingly negative resource, the budgetary provisions here require plenty of questioning. However, it is most surprising to see a whopping N200,000,000 proposed for the “Passage of Petroleum Industry Bill (PIB).” We would like to see the detailed breakdown of this sum in order for us to be able to make sense of the proposal. Which PIB is this provision referring to? The same goes for the proposal to spend N200,000,000 for the “Review of Gas Master Plan.”

POWER

We note that the power distribution aspects of the defunct Power Holding Company of Nigeria (PHNC) had been privatised and handed over to companies that have gone ahead to increase electricity tariff before providing commensurate services. The question needs to be asked why there should be a budgetary provision of N397m for purchase of 75 pieces of 500 KVA transformers for Abuja and four States?[2] There are three other lines for procurement and installation of transformers for other locations at N262,414,132, N20,683,949 and N250,401,152. If privatisation means that the distribution sub-sector of the defunct PHCN was taken over by private investors, why is the government still buying and installing transformers?

Another concern is about the N1 billion budgeted for generation of 10MW of electricity at the Katsina Wind Farm. This Wind Farm is on record as having been fully paid for in the past.[3] If this budgetary allocation, broken into two subheads are NEW, as stated, is there a confirmation that the  OLD installation is already working?

THE ENVIRONMENT

A well equipped NOSDRA would be better positioned to independently detect and respond to oil spills rather than depending on the polluting oil companies.

The Federal Ministry of Environment is not one of the best resourced ministries. It, however, is one of the most vital ministries for the fact that most Nigerians depend essentially on the natural environment.

Considering the level of pollution in the oil fields and the handicap of National Oil Spill Detection and Response Agency (NOSDRA) in terms of facilities one would have expected this agency to be well resourced. A well equipped NOSDRA would be better positioned to independently detect and respond to oil spills rather than depending on the polluting oil companies.

There is nothing in the budget submission for vital equipment such as boats or helicopters that could facilitate monitoring in the creeks as well as offshore. We recommend that the NASS trims down the huge departmental subheads and properly equip this agency and others that are sorely needed to curtail reckless pollution and degradation of our environment.

It would be helpful to better fund the National Environmental Standards and Regulations Enforcement Agency (NESREA) as well as the National Parks and the restoration of our wetlands, including the highly degraded Nguru Wetland.

NASS Cuts

Considering that we are on a limited time budget at this consultation, permit me to end this short submission by requesting that the NASS publishes details of its expenditure and also to review the controversial Constituency Projects concept as these projects can easily be taken care of by the various ministries and agencies.

—————————————————–

[1] Presentation by Nnimmo Bassey, Director, Health of Mother Earth Foundation (HOMEF) at National Assembly Interactive Session with Civil Society Organizations on the 2016 Budget, Convened by the Senate President, Nigeria, on 10th February 2016

[2] Federal Government of Nigeria (National Budget Office). Appropriation Bill. 2016. http://www.budgetoffice.gov.ng/pdfs/2016pro/WORKS%20POWER%20AND%20HOUSING.pdf

[3] Emeka Anuforo. February 8, 2016. Queries over budgets for transformers, Katsina wind farm. The Guardian, Lagos. Accessed at http://www.ngrguardiannews.com/2016/02/queries-over-budgets-for-transformers-katsina-wind-farm/

 

A Living Memorial for Deadened Memories

BUSWALLPAPERThe Bus, a sculptural memorial in honour of Ken Saro-Wiwa, Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levera, Felix Nuate, Baribor Bera, Barinem Kiobel, and John Kpuine was shipped to Nigeria from the United Kingdom by Platform. On arrival in Nigeria it was seized by the Nigeria Customs since 8th September 2015 on the reported grounds that it had “political value.” The original idea was for the Bus to be used during the 20th anniversary activities to mark the dastardly execution of the Ogoni 9 on 10th November 2015. The kidnap of the Bus by the Nigeria Customs, as Celestine Akpobari, head of Ogoni Solidarity Forum (OSF) labels it, made it impossible for the cultural memorial to be used.

One interesting fact that emerged from the hearing of 4th February was that the Customs officials stated that the the “inscription on memorial bus is a threat to national peace.”

Due to the continued detention of the sculpture by the Nigeria Customs, the OSF leader petitioned the House of Representatives of Nigeria seeking their intervention for the release of the sculpture. We note that the sculpture was created by Nigerian-born artist Sokari Douglas Camp.

The House of Representatives has so far held two hearings on the matter on 28th January and 4th February 2016. At the first hearing the Representatives were unhappy that the Comptroller of Customs did not appear before them. Again, at the second hearing the Customs boss was conspicuously missing, prompting the Representatives warning that they should not be provoked to issue an arrest warrant against the big man. The next hearing is scheduled for 17 February 2016.

One interesting fact that emerged from the hearing of 4th February was that the Customs officers stated that the the ‘inscription on memorial bus is a threat to national peace.”

What could possibly be the threatening inscription on the sculpture? The Bus has the name of Ken Saro-Wiwa on a white steel banner on one side, and the names of the other 8 Ogoni leaders on sculptural crude oil barrels. It also has the words of Ken Saro-Wiwa: “I accuse the oil companies of practising Genocide against the Ogoni.” Would these threaten national peace?

It should be noted that this sculpture has been on display in the UK for 9 years and was shipped to Nigeria by Platform on the request of network partners in Nigeria: Movement For The Survival Of Ogoni People (MOSOP), Ogoni Solidarity Forum (OSF), Social Action, Health Of Mother Earth Foundation (HOMEF) and Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN).

In his official submission to the House of Representatives, Akpobari said, “We are concerned that after killing Ken Saro-Wiwa and the Ogoni 8, and dumping their bodies in an unmarked grave, the Nigerian government is bent on erasing every memory of Saro-Wiwa and his struggles for justice, including making sure that a “Living Memorial” – the Bus made in his memory and in solidarity with his people – is never delivered to them.”

The Nigeria Customs appears to have chosen to fight a battle to erase the memories of these heroes of environmental and cultural struggles. Seizing a sculpture gives the impression that the State is attempting to kill the message after annihilating the messengers. With the experience of history, we can say that this is a futile endeavor and the Customs should release and deliver the Bus to the people of Ogoni as emblematic representatives of peoples struggling for ecological sanity, social inclusion and dignity.

If there are persons that wonder who Ken Saro-Wiwa and these leaders were, the words of Sanya Osha in a paper published in Socialism and Democracy gives a crisp picture:

“When Ken Saro-Wiwa and his nine Ogoni compatriots were hanged in November 1995, it both polarized and unified the fragile as well as volatile geographical entity known as Nigeria. However, this time, it wasn’t the ethnic and religious fissures that were most noticeable. Instead it was the naked fist of raw power versus the vociferous protestations of a disenfranchised minority writhing beneath the weight of a seemingly implacable military dictatorship.

“Ken Saro-Wiwa became the voice, face and symbol of this aggrieved minority straining for denied civic and democratic rights. He became a hero in patently unheroic times and this is what makes his life and the loss of it so potently poignant.”

FREE_THE_BUS_2

It is for this and other reasons that 10th November has galvanized a global environmental justice movement and has become a global day of remembrance of victims of extractivism. And as Platform warns, They can hold the Bus but they can’t stop the movement.

There is no wisdom in keeping this sculptural Bus in captivity.

 

—photos by Platform—

 

 

 

Ending Gas Flaring, Building Mini Refineries

There are two oily stories that should catch our attention. One is about designing and fabrication of a refinery at a Nigerian university and the second one is about new dates for ending gas flaring in Nigeria.

First is the news that the Department of Chemical engineering at the Ahmadu Bello University (ABU), Zaria has built a mini refinery that can “produce relatively small quantity of petroleum products.” The relatively small quantity this prototype handles is given as one barrel of crude oil per day. This information was shared at a press briefing on the 38th convocation of the university.

Biafra Refined Crude

It would be interesting to place this breakthrough alongside the bush refineries in the Niger Delta that have been in the business of refining crude oil and supplying a variety of products to consumers in the region. We do not have details of the mini-refinery built at ABU. It would be good to know if any engineering departments in our universities have done studies of the bush refineries to see how the technologies adopted in the illegal operations could be adopted, upgraded and used to meet the energy gaps of the nation. So far the engagement with bush refineries has been by the Joint Military Task Force (JTF) and their methodology has been to bomb or burn the refineries.

The fabrication of a mini crude oil refinery at the ABU would be significant or novel if the technology is different from what has been in operation in the world for over one hundred years. Just as anyone can ferment fruits (and grains) to obtain alcohol from them, the folks in the creeks and the scientists in then Biafra had the means of refining crude that could be studied and improved on.  A commentator writing in Sahara Reporters once said, “The most damning of Nigerian failures for now is the knowledge that while the defunct Biafra Republic could refine fuel some forty years ago the triumphant old country cannot refine enough fuel for its local consumption today. It’s a shame that cries to the high heavens.”

One recollects how some years ago a dispute broke out between scientists at a Nigerian university over who among them was the first to extract alcohol from pineapple and some other local fruits. The point is that the entire dispute was nothing more than a bad joke. Hopefully, this news about refining crude is not.

To Flare or Not to Flare

energy-top20flaringcountries-780x505Chart: World bank

The second item should raise our antenna is about when the ongoing routine flaring of associated gas would end in Nigeria.  For a period of time, successive governments kept shifting the deadline for ending gas flaring from year to year. During the almost one decade of debates on the Petroleum Industry Bill (PIB) nothing was said about when gas flaring would end. A specific bill on gas flaring died without a whimper. The flames roared on while governments stayed mute.

The “new” Petroleum Industry Governance & Institutional Framework Bill (PIG-IFB or PI(GIF)B?) that is in the works is totally silent about when gas flaring would end, and is not concerned with communities or environmental issues. It even makes a passing reference to fracking as one of the things that occurs in the upstream sector of the petroleum industry signifying that the oil industry in Nigeria may be getting set to embark on fracking, an extreme form of extraction. Is the new Bill attempting to sidestep the concerns of suffering communities that the old PIB tried to address and how many PIBs should we expect from the present administration?

If the big polluters are staying off commitment to end gas flaring even by 2030, what should we say is the basis for oilfield communities to hope that they would soon be able to breath fresh air once again?

Okay, we are now told that gas flaring would end between 2018 and 2020. This was disclosed by the Group General Manager, Nigerian Petroleum Investment and Management Services (NAPIMS), Dafe Sajebor and the Managing Director of National Petroleum Development Corporation (NPDC), Sadler Mai-Bornu at a meeting with the Senate panel investigating the activities of oil and gas agencies in the country. A bit of news from the blue!

The World Bank plans to see zero routine gas flaring by 2030 and governments that endorse this initiative are expected to provide legal, regulatory, investment, and operating environment that is conducive to upstream business while ensuring that non-flaring of associated gas is in-built in all production plans. It is curious that the proposed PIG-IFB or PI(GIF)B does not say anything about halting routine gas flaring or even about the penalty for the heinous offence.

Obviously more information needs to be placed in the public realm on how the government plans to achieve zero routine gas flaring by 2018-2020. What plans do oil companies like Chevron, Shell, Total and ExxonMobil have to stop the routine flaring of associated gas in the Niger Delta? The biggest gas flaring company in Nigeria is Chevron. Nigeria and Chevron are not among the 45 countries and companies that endorsed the World Bank plan going by the list on the bank’s website. Neither is climate denier ExxonMobil on that roster. Angola, Cameroon, Republic of Congo and Gabon are the only African countries to have endorsed the plan.

If the big polluters are staying off commitment to end gas flaring even by 2030, what should we say is the basis for oilfield communities to hope that they would soon be able to breath fresh air once again?

 

 

 

 

 

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

Who Blows UP Niger Delta Pipelines? (Explosive Oil fields of the Niger Delta)

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Recent bombings of oil pipelines in the Niger Delta again raise the spectre of escalation of conflicts in the region. While we cannot say the reasons for the incidents, it does appear to be calculated acts of sabotage rather than mere vandalism. In cases of vandalism the motive routinely is the stealing of crude oil or refined petroleum products. Where pipelines are bombed in the manner the current incidents have been reported, the signal is that these are political actions. However, no one has claimed responsibility. That is against the grain.

It should be noted that political actions do not have to be partisan in nature as they can be carried out by persons or groups that are simply disenchanted with existing political system. They could also be orchestrated by persons or groups whose vested interests are threatened. If these are agreed as possibilities, we should be able to come to the conclusion that the recent bombings may not necessarily be the hand work of militants. Fishing for culprits would require extra-wide nets.

Militancy in the Niger Delta arose as a result of accrued disenchantment with both the government and the transnational corporations over minimal expectations from the local population. The fact oil being so alluring cannot be denied. It always offers communities dreams and hopes of social services, employment, infrastructural improvements and dramatic societal transformation. What is offered in reality has routinely been environmental degradation, disruption of social structures, corruption, disease and death.

Sadly, communities in countries where crude oil is discovered are still being offered the same promises that the resource scarcely delivers. And as sure as fire burns, the hopes and promises are bound to be dashed. And then the conflicts start.

Oil theft, bush refineries and related businesses operate at an industrial scale in the Niger Delta. Unfortunately. When poorly maintained facilities are added to the mix, the result is extremely toxic and the consequences are well documented. Responses have often reinforced the crises, rather than mitigate them.

All these avoidable attacks on communities were said to be legitimate ways of smoking out militants from their hideouts in the communities. It is not clear how many militants were captured through those punishing assaults on communities.

What has been the response to the recent bombing of pipelines including those in the Gbaramatu area of Delta State? Predictably the response has been heavy militarisation of the area. The question is, to what extent can militarisation protect the over 7000 kilometres of pipelines in the Niger Delta. We hope the reign of the gunboats in the Niger Delta will not lead to a replay of the levelling of communities that was virtually routine a few years ago.

Looking back, we recall that in 1999 attacks at Odi cut down 2,483 persons, while another heavy handed attack occurred at Odioma in 2005. In May 2009 the military response to militancy saw the massive destruction of Gbaramatu community. In December 2010 there was a replay of the same scenario at Ayakoromo, where at least 20 persons were killed.

All these avoidable attacks on communities were said to be legitimate ways of smoking out militants from their hideouts in the communities. It is not clear how many militants were captured through those punishing assaults on communities.

Government should ensure that the current patrolling of the creeks of the Niger Delta do not lead to attacks on communities. Where individuals offend the law, such individuals should face the law. Whole communities should never be punished for the sins of one person or groups of persons. Military actions in fragile communities only entrench miseries and further ecological tragedies.

Militancy based on the platform of political (non-partisan) agitation requires deep interrogations. Often, such conflicts require political solutions. Some of us were surprised at the success of the amnesty programme especially when seen that the programme was in part a panic measure as pipelines were erupting and oil production and related revenues were dwindling.

More than the cash pay-outs, it must be the other actions, including education and skills acquisition that did the trick. Despite the success of the amnesty programme and the militarization of the Niger Delta we cannot say that sustainable peace has been constructed in the region. We can understand why some persons are perplexed that despite the heavy investment in infrastructural projects disenchantment is still endemic in the region. That is why the petroleum economy is a negative economy – whether the price of crude is as high as gas flare stacks or as low as the bottom of the barrels.

Much more than patrolling the creeks and cowering innocent citizens to raise their hands in surrender to military might when then pass the ubiquitous checkpoints wherever pipelines crossed the creeks. There must be ways or rebuilding dignity among our peoples. Respect. We have to rebuild our brotherhood and sisterhood with one another and restore the motherhood of the earth. We need conversations more than contracts. We need listening posts not more trenches. Open the prison doors. Those locked up outside of this country should be brought back home. We have to rebuild our communities. Inclusively. Communities are the best policemen of pipelines in their environments.

 

 

 

 

 

 

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.