Tag Archives: oil pollution Nigeria Delta

An Unforgettable Type of Pollution

May 2018: The environmental damage around the site of two Royal Dutch Shell oil spills in Nigeria a decade ago has worsened significantly after years of delay to cleanup efforts, according to a report that the oil giant has been accused of trying to shield from public view.  The spills from a ruptured Shell pipeline spewed thousands of barrels of oil over parts of the Bodo fishing community in the crude-rich Niger Delta. Although the company in 2015 reached an out-of-court settlement with the local community, admitting to liability and agreeing to pay £55 million, or around $80 million at the time, in compensation, controversy around the case has remained.

A United Nations body, in a 2011 report, found extensive environmental damage around Bodo. Four years later, an assessment to prepare the cleanup found soil contamination had worsened while cleanup efforts languished and illegal refining and oil theft added to pollution in the area, according to an academic paper published last month. That has left the community facing potentially toxic pollution and “catastrophic” damage to the environment, the paper said.  The 2015 analysis was commissioned by the Bodo Mediation Initiative, a consortium established to oversee the cleanup in the area. Shell is a member of the group along with local stakeholders.

At least one of the authors urged the findings to be widely distributed because they pointed to significant health risks to the local community. Kay Holtzmann, the cleanup project’s former director, said in a letter reviewed by the Journal that Shell had denied him permission to publish the study’s results in a scientific journal.

But the academic paper* said the site survey contained new facts. The average surface soil contamination in Bodo had tripled since the original U.N. probe,the paper said. Out of 32 samples taken from the top two inches of soil in the area around Bodo, only one was within Nigeria’s legally acceptable limit for oil contamination, the paper added.

Excerpts from Pollution Worsens Around Shell Oil Spills in Nigeria, Wall Street Journal, May 26, 2018.

*Sediment Hydrocarbons in Former Mangrove Areas, Southern Ogoniland, Eastern Niger Delta, Nigeria, Apr. 2018

Living by Stealing-the Sea Robbers

illegal refinery Nigeria. image from Reuters

Nigeria’s military said on April 13, 2017 that it had destroyed 13 illegal refineries in the restive Niger Delta oil hub, in an operation in which two soldiers died in clashes with “sea robbers”.  Military authorities say there are hundreds of illegal refineries in the region, which process stolen crude from oil company pipelines.  The Nigerian government said last week that it plans to legalise illicit refineries as part of an attempt to bring peace to the production heartland of crude oil, but it is unclear when it will put the plan into action.  Major Abubakar Abdullahi, a military spokesman, said troops “discovered and destroyed 13 illegal refineries” on April 12, 2017 while on patrol in the Iyalama Adama axis of Rivers state. The two soldiers were killed in the Ijawkiri general area, in Rivers state, he said.Makeshift refineries, usually hidden in oil-soaked clearings, support tens of thousands of people locally.

Nigeria’s navy chief has said that 181 illegal refineries were destroyed in 2016, 748 suspects were arrested, and crude oil and diesel worth 420 billion naira ($1.3 billion) was confiscated. The military shut down around 50 bush refineries in the first few weeks of 2017.

Nigeria’s military destroys 13 illegal oil refineries, Reuters, Apr. 13, 2017

The Niger Deltans 1992-2016

Niger Delta states of Nigeria. image from wikipedia

They call themselves the Niger Delta Avengers. Little is known about the new radical group that has claimed a series of pipeline bombings in Nigeria’s oil-producing region this year and evaded gunboats and soldiers trawling swamps and villages.  Their attacks have driven Nigerian oil output to near a 22-year low and, if the violence escalates into another insurgency in the restive area, it could cripple production in a country facing a growing economic crisis.

President Muhammadu Buhari has said he will crush the militants, but a wide-scale conflict could stretch security forces already battling a northern rebellion by hardline Sunni Muslim group Boko Haram.  Militancy has been rife over the past decade in the Delta, a southern region which is one of the country’s poorest areas despite generating 70 percent of state income.

Violence has increased sharply this year – most of it claimed by the “Avengers” – after Buhari scaled back an amnesty deal with rebel groups, which had ended a 2004-2009 insurgency.Under the deal, more state cash was channelled to the region for job training and militant groups were handed contracts to protect the pipelines they once bombed. But Buhari cut the budget allocated to the plan by about 70 percent and cancelled the contracts, citing corruption and mismanagement of funds.

The “Avengers” have carried out a string of attacks since February 2016… The group has emailed journalists a statement saying they were fighting for an independent Delta and would step up their attacks unless oil firms left the region within two weeks.”If at the end of the ultimatum you are still operating, we will blow up all the locations,” it said. “It will be bloody. So just shut down your operations and leave.””To international oil companies, this is just the beginning and you have not seen anything yet. We will make you suffer,” it said.

Authorities have no hard facts about the group – such as its size, bases or leadership…Diplomats and security experts say it has shown a level of sophistication not seen since the peak of the 2004-2009 insurgency, which halved Nigeria’s oil output. They say it must be getting help from sympathetic oil workers in identifying the pipelines to cause maximum damage….

In February 2016 the group claimed an attack on an undersea pipeline, forcing Shell to shut a 250,000 barrels a day Forcados terminal. In May 2016, it took credit for blasting a Chevron platform, shutting the Warri and Kaduna refineries…

Reuters, like other media, has been unable to reach the group, which mainly communicates via Twitter, with the location tracker switched off, and on its website.Its members describe themselves there as “young, well travelled” and mostly educated in eastern Europe.

Given the lack of intelligence about the militants, the army launched a wide-ranging hunt across the Delta this week, sending gunboats into mosquito-infested creeks and searching villages in the middle of the night. But some residents say such a heavy-handed military approach stokes dissent in the Delta where many complain of poverty despite sitting on much of Nigeria’s energy wealth. They say some villagers help militants to hide in the hard-to-access swamps….

Executives [oil firms in Nigeria] met Vice President Yemi Osinbajo in May 2016 and one of them warned the government was being “too direct and blunt” and needed to find some balance, according to a source familiar with the discussions….Many locals in the Christian south see Buhari, a Muslim northerner, as an oppressor.

Excerpts ‘Avengers’ threaten new insurgency in Nigeria’s oil-producing Delta, Reuters, May 16, 2016

According to their website: The Nigerian State is like the biblical Egypt, the Government of the Federation is like the Biblical Pharaohs, President Buhari is like the Egyptian Pharaoh Ramesses, the Niger Delta People are like the Jews while the Niger Delta Avengers is Moses. So all we are asking is let our people go (NIGER DELTANS).

See also UN on Ogoniland oil damage

Shell Nigeria and the Ogoni People

Nigeria

What is Not New: Shell Oil Pollution in Nigeria

Bayelsa on Niger Delta

Farmers impacted by the Shell Petroleum Development Company, SPDC, Kolo Creek oil fields spill in Otuasega, Ogbia Local Government Area of Bayelsa State, have gone to court over the April 15, 2015 spill, which polluted their farms.According to the farmers, they were excluded from a Joint Investigation Visit to probe the impact of the spill despite their attempt to draw the attention of the team to their impacted farms.

A fish farmer, Mr. Aku Asei, whose three ponds were impacted, said the affected farmers numbering over 50 resolved to take legal action over the incident in the wake of the alleged claim of sabotage by Shell.”This is a clear case of the powerful and rich oil firm against the weak and poor farmers. They are claiming that the spill was caused by sabotage and abandoned the polluted environment. The regulations which they relied on to absolve themselves clearly stated that the operator of the field where pollution occurs must clean up the site irrespective of the cause but SPDC officials declined to capture the farms as impacted areas….[T]he spill was as a result of negligence by SPDC surveillance contractors deployed to guard the facility…

The farmers, made up of fish farmers, banana and plantain plantation owners in the area also appealed to Bayelsa State Government to assist them in prevailing on the oil firm to clean up the areas and pay compensation to them.
Nigeria: Farmers Take Shell to Court Over Oil Spill Impact in Bayelsa, AllAfrica.com, May 12, 2015

Shell in Nigeria: the Trans-Niger Pipeline Pollution

nigeria

A major fire that forced Shell to close its Trans Niger Pipeline in southern Nigeria raises serious questions about the way the oil giant is operating, Amnesty International and the Nigerian National Coalition on Gas Flaring and Oil Spills (NACGOND) (an NGO) said.The organizations called for an independent inquiry into the events that led to the fire at Bodo in Rivers State – an area already devastated by years of oil pollution.

Eight Shell contractors were arrested by Nigerian security services in connection with the fire that broke out last week (June 19, 2013), following an oil spill at a section of the pipeline near Bodo that was being repaired by Shell contractors.A Shell-led investigation into the cause of the fire is due to begin this week.

Shell claims the fire was a consequence of oil theft. However, community members told NACGOND that in the days leading up to the fire Nigerian security forces prevented anyone other than Shell’s contractors going near the area of the spill. From the shore people saw barges being loaded with oil and taken away from the site.  “Shell’s investigation into the cause of the fire is not enough,” said Tracy Adole of NACGOND. “What’s needed is a fully transparent and independent inquiry into what happened at Bodo in the days before the fire and the role – and competence – of Shell’s contractors. There are serious unanswered questions as to who Shell entrusted with the high-risk repair of the pipeline, and about its own level of oversight.”

The fire broke out following an oil spill on 11 June in an area where Shell contractors were working on maintenance and repairs. The area was guarded by security forces apparently preventing unauthorised access. Local residents attempted to visit the site to asses the scale of the spill but were turned back.  Witnesses reported seeing oil being loaded onto barges by Shell’s contractors for several days after the spill.  “The facts make it difficult to believe that anyone other than Shell’s contractors were in the vicinity in the days leading up to the fire,” said Tracy Adole. “Shell was quick to blame oil theft as the cause of the latest pollution and fire at Bodo, but the company has yet to fully answer for the role of its own contractors.”

Over the last decade, Shell has claimed that most of the oil spilt in the Niger Delta is due to oil theft and sabotage of its pipelines. The company bases these claims on a system that includes publicly contested data and relies almost exclusively on information provided by the company itself.The alleged theft and sabotage cases have not been verified by any independent bodies.

Last week, NCP, found that Shell’s statements that sabotage is responsible for most oil spilt in Nigeria were based on disputed evidence and flawed investigations.

In 2008 two massive oil spills occurred at Bodo in the Niger Delta. Both were the result of operational failures by Shell. Despite the enormous environmental damage done, Shell never cleaned up the spills. The community has now taken their case to the UK courts to seek compensation and clean up.  In 2011 a major scientific study carried out by the UN Environmental Programme documented serious problems with Shell’s response to oil spills. The same study noted that Nigerian regulators were “at the mercy” of oil companies when it comes to site visits to investigate oil spills.  Amnesty International asked Shell for a response to the latest spill and fire at Bodo and the arrest of contractors in relation to oil theft. Shell directed Amnesty to its public statement.

Nigeria: Wider Investigation Into Shell’s Nigeria Operation Needed After Arrest of Contractors, Amnesty International, June 26, 2013

Nigeria and the Oil Companies: the ECOWAS Judgment

ecowas, image from world bank

Amnesty International and Socio-Economic Rights and Accountability Project (SERAP) have hailed last [Economic Community of West African States] ECOWAS Court of Justice ground-breaking judgment as a “key moment in holding governments and companies to account for pollution.”  In the case, SERAP v. Nigeria, the Court unanimously found the Nigerian government responsible for abuses by oil companies and makes it clear that the government must hold the companies and other perpetrators to account.

The Court also found that Nigeria violated articles 21 (on the right to natural wealth and resources) and 24 (on the right to a general satisfactory environment) of the African Charter on Human and Peoples’ Rights by failing to protect the Niger Delta and its people from the operations of oil companies that have for many years devastated the region.  According to the Court, the right to food and social life of the people of Niger Delta was violated by destroying their environment, and thus destroying their opportunity to earn a living and enjoy a healthy and adequate standard of living. The Court also said that both the government and the oil companies violate the human and cultural rights of the people in the region.

The Court ruled that the government’s failure to enact effective laws and establish effective institutions to regulate the activities of the companies coupled with its failure to bring perpetrators of pollution “to book” amount to a breach of Nigeria’s international human rights obligations and commitments.  The Court emphasized that “the quality of life of people is determined by the quality of the environment. But the government has failed in its duty to maintain a general satisfactory environment conducive to the development of the Niger Delta region”.

“This judgment confirms the persistent failure of the Nigerian government to properly and effectively punish oil companies that have caused pollution and perpetrated serious human rights abuses, and is an important step towards accountability for government and oil companies that continue to prioritise profit-making over and above the well-being of the people of the region,” said Femi Falana SAN, and Adetokunbo Mumuni for SERAP.  “This is a crucial precedent that vindicates the human right to a healthy environment and affirms the human right of the Nigerian people to live a life free from pollution. It also makes it clear that the government must hold the oil companies to account,” said Michael Bochenek, Director of Law and Policy at Amnesty International.  “The judgment makes it clear that the Nigerian government has failed to prevent the oil companies causing pollution. It is a major step forward in holding the government and oil companies accountable for years of devastation and deprivation.” said Bochenek.

The court affirmed that the government must now move swiftly to fully implement the judgment and restore the dignity and humanity of the people of the region.

“The judgment has also come at a time when oil is being discovered in the majority of the member states of the ECOWAS. It is vital that other states take heed of this judgement, which has laid down minimum standards of operations for government and oil companies involved in the exploitation of oil and gas in the region,” Falana and Mumuni also said.  “The time has come for the Nigerian government to stand up to powerful oil companies that have abused the human rights of the people of the Niger Delta with impunity for decades,” said Bochenek.  “We commend the ECOWAS Court for standing up for the rights and dignity of the people of the Niger Delta. We also acknowledge the important legal contribution of Dr Kolawole Olaniyan of Amnesty International, to the case,” said Falana and Mumuni.

he case was filed against the Federal Government and six oil companies over alleged violation of human rights and associated oil pollution in the Niger Delta. Specifically, the plaintiff alleged: “Violations of the right to an adequate standard of living, including the right to food, to work, to health, to water, to life and human dignity, to a clean and healthy environment; and to economic and social development – as a consequence of: the impact of oil-related pollution and environmental damage on agriculture and fisheries.”  SERAP also alleged “oil spills and waste materials polluting water used for drinking and other domestic purposes; failure to secure the underlying determinants of health, including a healthy environment, and failure to enforce laws and regulations to protect the environment and prevent pollution.”

The Court dismissed the government’s objections that SERAP had no locus standi to institute the case; that the ECOWAS Court had no jurisdiction to entertain it; and that the case was statute-barred. The Court also rejected efforts by the government to exclude a 2009  Amnesty International report on oil pollution from being considered. The report was based on an in-depth investigation into pollution caused by the international oil companies, in particular Shell, and the failure of the government of Nigeria to prevent pollution or sanction the companies.

The suit number ECW/CCJ/APP/08/09 was argued by SERAP counsel, Femi Falana SAN, Adetokunbo Mumuni and Sola Egbeyinka.  The judgment was delivered by a panel of 6 judges: Justice Awa Nana Daboya, Justice Benefeito Mosso Ramos, Justice Hansine Donli, Justice Alfred Benin, Justice Clotilde Medegan and Justice Eliam Potey.

Article 15(4) of the ECOWAS Treaty makes the Judgment of the Court binding on Member States, including Nigeria. Also, Article 19(2) of the 1991 Protocol provides that the decisions of the Court shall be final and immediately enforceable. Furthermore, non-compliance with the judgment of the Court can be sanctioned under Article 24 of the Supplementary Protocol of the ECOWAS Court of Justice, and Article 77 of the ECOWAS Treaty.

SERAP Press Release, December 2012

See also decision of the ECOWAS Community Court on Jurisdiction

Anglo-Dutch Shell and the Oil Spills in Nigeria, litigation

A European company, Anglo-Dutch oil giant Shell will appear in a Dutch court to account for damage it caused abroad, Friends of the Earth International announced today.  The court case against Shell’s oil spills in Nigeria has been filed by four Nigerian plaintiffs in conjunction with Friends of the Earth Netherlands and supported by Friends of the Earth Nigeria.  Lawyers for both parties will plea at a key hearing in The Hague on 11 October at 9:30am.  The verdict is expected early in 2013.  “This court case will have groundbreaking legal repercussions for multinational corporations globally, and especially for European corporations,” says Geert Ritsema, globalisation campaign leader at Friends of the Earth Netherlands / Milieudefensie.  “Due to the poor maintenance of pipelines and factories, Shell let tens of millions of barrels of oil leak in the Niger Delta, with disastrous consequences for local people and the environment. The Anglo Dutch oil giant must now stop its pollution, compensate the damage and prevent more oil spills from happening,” he adds.

In May 2008, four Nigerian fishermen and farmers from the villages of Goi, Ikot Ada Udo and Oruma, in conjunction with Friends of the Earth Netherlands / Milieudefensie and supported by Friends of the Earth Nigeria / ERA, started a legal case against Shell Nigeria and its parent company in the Netherlands.

The Hague court hearing will take place just 10 days after a key [October 1st] hearing of the U.S. Supreme court regarding a separate lawsuit ‘Kiobel v. Royal Dutch Shell Petroleum‘ brought by Nigerian refugees in the U.S. accusing Shell of helping the Nigerian military to systematically torture and kill environmentalists in the 1990s….(see pdf of District Court ruling) (see also pdf of 2nd Circuit Court of Appeals)

Shell is the operator of Nigeria’s largest oil fields and bears significant responsibility for the oil pollution. The UN, among others, has stated that Shell does not comply with legal environmental standards and has failed to clean up leaked oil – or has done so only insufficiently, for decades….

Nigeria: Key Hearing in Court Case On Oil Giant Shell’s Nigerian Oil Pollution, AllAfrica.com, Sept. 26, 2012

See also Shell in Nigeria

Supreme Court case is Esther Kiobel v. Royal Dutch Petroleum Co, No. 10-1491

UN Report 50 years of oil pollution in Nigeria