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CLIMATE CHANGE LAWS AND INDIGENOUS PEOPLES RIGHTS: THE OGONI CASE STUDY

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 Format: MS WORD ::   Chapters: 1-5 ::   Pages: 56 ::   Attributes: Questionnaire, Data Analysis ::   436 people found this useful

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CHAPTER ONE

 1.0 GENERAL INTRODUCTION

1.1 BACKGROUND OF THE STUDY

That Climate Change is real and that its effects are exceedingly deleterious on man are no longer news[i]. Although we do know that the environment affects everything we do in life, including how we live and die, we often think that it does not matter what we do to the planet. Our lands have been transformed into mishmash of toxic dumps. In some places, our environment has been almost irreversibly changed from what Nature generously gave to us[ii]. Researches have equally shown that most of the changes in the climate are the natural consequences of certain selfish exploitative activities of man and that for the effects of climate change to be mitigated, man should be ready to limit its selfish exploitation of the earth's resources.

The importance of climate change is underscored by the fact that problems associated with it are essentially global in both causes and effects, and they respect no national boundaries. This being the case, they require a significant element of global corporation to be properly tackled. The solution lies in guidelines provided under International law as well as national measures to be undertaken by countries.

A study of Climate Change laws and its importance or effects on the rights of Indigenous people is pertinent if a line of distinction must be drawn between the advantages and disadvantages of the activities of man on the environment. Indigenous people are considered in this instance because they suffer the harsh effects of Climate Change more. This, it can be argued, is as a result of the fact that they live close to the land. They are subsistence farmers, herders, fishers, and hunters, with millennia of collective knowledge about the ecology of their surroundings. With that knowledge and experience, even tiny changes in water cycles, wildlife, soil, and weather are readily apparent. An indigenous farmer notices that a certain insect is slightly less abundant this year or that a particular flower is blooming three days earlier.

Unfortunately, the same closeness to the land that has given indigenous peoples early warning about global warming also means that they suffer the consequences of it to a far greater degree than others. The trends of history and hegemony have left many indigenous peoples living on land that is already marginal, so even relatively small changes in temperature or rainfall have an out-sized consequence.

There are various ways or identifying and describing indigenous people. This work will, however, be focusing on the indigenous people of Ogoni. A people known to have suffered the harsh effects of climate change and environmental degradation spanning over a long period of time and resulting from the activities of certain oil companies in the region.

The Ogoni people number approximately 500,000 and are believed to have settled in the region well before the 15th century.[iii] Because of their dependence on agriculture and fishing, they claim that the degradation of their environ ment, as a result of oil pollution, is a threat to their culture and way of life.

Human activities and especially those of oil exploration and exploitation raise a number of issues such as depletion of biodiversity, coastal and riverbank erosion, flooding, oil spillage, gas flaring, noise pollution, sewage and wastewater pollution, land degradation and soil fertility loss and deforestation, which are all major environmental issues. The aftermath effects of these environmental issues result in environmental degradation which necessitates urgent and steady environmental remedial and restorative measures.

On August 5, 2015, President Buhari approved actions to fast-track the environmental clean-up of Ogoniland which has suffered pollution from oil spills and oil well fires, to alleviate the sufferings of the people (Businessday Online, Aug 11, 2015). This positive action on the part of the president brings to the fore the vexed issue of environmental pollution and its adverse consequential effects on the environment and even human beings. It is obvious that the farmlands, drinking water, homes and sources of living of the inhabitants of Ogoniland had been significantly affected by hydrocarbons pollution arising from the oil production activities of oil companies in the area.

Having observed that the Ogoniland is suffering from the inimical effects of the continuous oil production in the land, the Federal Government formally made a request to the United Nations Environmental Programme (hereinafter to be referred to as UNEP) to conduct an independent assessment of the environment and public health impacts of oil contamination in the Niger Delta and options for remediation. The Niger Delta is highly susceptible to adverse environmental changes occasioned by climate changes because it is located in the coastal region. Reports have stated that due to oil exploration and exploitation activities, the area has become an ecological wasteland.

UNEP swung into action and carried out the environmental assessment by deploying technical facilities and competent manpower. After the exercise, UNEP released the environmental assessment report of Ogoniland in August 2011. The report was commissioned and delivered to the Federal Government of Nigeria. It makes recommendations to the government, oil and gas industry and communities to begin a comprehensive clean-up, restore polluted environments and put an end to all forms of on-going oil contamination in the region. This paper will consider in brief the key contents, provisions and recommendations contained in the report while proposing that the recommendations in the report must be effectively implemented to facilitate quick environmental clean-up of the land for the benefits of the inhabitants.

The report contained a background to the environmental degradation in Ogoniland. It was stated in the report that the Ogoniland is characterised by typically deltaic features; uneven terrain, numerous creeks, shallow brackish water bodies and a variety of vegetation types including swamp forest. The land has a groundwater either as localized aquifers or in hydraulically interconnected aquifers. Metaphorically and practically speaking, Ogoniland is not an Island. This has two implications. The first is that pollution from Ogoniland has the potential to reach and cross its boundaries as well as entering Ogoniland from extreme sources. The second is that the problems of Ogoniland cannot be solved in isolation. These issues are particularly significant with regard to pollution in creeks. Oil pollution, once it reaches the creeks, can move back and forth with the tides. This was the basic demographic features of the land.

The basic problem with the land, as observed from the report, was a widespread oil pollution and contamination by the activities of the oil companies. Between the 1950s and 1990s, oil industry infrastructure was progressively installed in Ogoniland to aid the drilling and production of oil mainly. Activities involve upstream (exploration and production)) and downstream (processing and distribution) operations. As in oil operations worldwide, the processes are managed by different entities. The two key companies with operational facilities in Ogoniland are the Shell Petroleum Development (SPDC) -Nigeria, which manages the upstream activities, and the Nigerian National Petroleum Company (NNPC) which deals with the downstream activities. Other oil industry facilities in the area were owned and managed by Port Harcourt Refining Company(PHRC),Pipelines and Products Marketing Company(PPMCS) and Eleme Petrochemicals Company. The oil production in ogoniland continued till 1993 when it was shut down in the face of massive campaign of public protest against the company’s operations in Ogoniland. Since then, Shell Petroleum Development Company has not produced oil in Ogoniland.

The most important thing about the oil production activities in the area was the continuous adverse environmental effects arising from the production of petroleum hydrocarbons. Petroleum hydrocarbons are naturally occurring hydrocarbons substances, and depending on the length of the carbon, can occur in gas, liquid and solid form. However, hydrocarbons refer to chemical substances formed exclusively from carbon and hydrogen by the decay of organic substances trapped within sedimentary rocks. Liquid hydrocarbons found in nature are also referred to as crude oil.

Without disputing the economic significance of hydrocarbons as the primary source of fuel and its versatile application in downstream industries, the product also has major environmental consequences. Oil exploration, production and processing represent prime sources of exposure to petroleum hydrocarbons. But there are other sources such as vehicle and generators emissions, burning of vegetation and trash (including domestic waste), food processing and use of cooking fuels. All these activities are commonplace in Ogoniland according to the report. The petroleum hydrocarbons, due to their chemical properties and physical qualities, have environmental consequences. The consequences can be found on the soil, water, vegetation, aquatic and terrestrial wildlife and human health.

Hydrocarbons substantially alter the physical and chemical properties of the soil once it comes in contact with it. The contact could be from the natural seepage of hydrocarbons to accidental seepage of crude oil on the ground. Once the soil has been contaminated, it poses significant threat to the health of organisms through direct contact or via ingestion or inhalation of vaporized soil contaminants. In the case of water, hydrocarbons can cause both physical and chemical effects by preventing oxygen transfer in the water column, thus affecting aquatic life-support systems. As regards vegetation, where spillage is not immediately attended to, oil spills often lead to fires, causing total or partial destruction of vegetation.  In the same vein, the aquatic and terrestrial wildlife are not spared the harmful effects of hydrocarbons release and oil spills. Dissolved or emulsified oil in the water column can contaminate the plankton, algae, fish, eggs and the vertebrae larvae.

Also, physical contacts with oil destroys the insulation of fur and feathers, and more often, birds ingest oil which have lethal or sub-lethal impacts through, for example, liver and kidney damage. Lastly, the people living close to this oil contamination are worse off from the impact of petroleum hydrocarbons. It can enter people’s bodies when they breathe air, bathe, eat fish, drink water or accidentally eat or touch soil or sediment that is contaminated with oil. In addition to the chemical pollution by hydrocarbons, there are other environmental concerns linked

with oil industry operations. These range from clearance of land for oilfield facilities, hydrological changes due to construction of roads and pipelines, and contamination from chemicals other than hydrocarbons. These obviously were the situation of things in Ogoniland arising from the continuous and unceasing oil exploration and production activities.

After carrying out the environmental assessment of the nature and extent of the impacts of the oil pollution on the inhabitants of Ogoniland, UNEP noted that, to find lasting solutions to improve the environmental situation in Ogoniland, all the root causes need to be addressed. It further suggested emergency measures to be initiated in the form of operational and technical recommendations with a view to achieving environmental improvement or restoration and prevention of further oil spills. The operational recommendations consist of maintenance of oilfields facilities, decommissioning of oilfield facilities, and prevention of illegal activities, oil spill response and remediation of contaminated sites. On the other hand, the technical recommendations for environmental restoration include the establishment of an Integrated Contaminated Soil Management Centre (ICSMCS), setting up of mini-treatment centers and rehabilitation of mangroves. There were also recommendations for public health and on follow-up monitoring. The report also contained recommendations for changes to regulatory framework by proposing the strengthening of the legal and institutional weaknesses.

The report of the United Nations Environmental Programme (UNEP) was indeed a comprehensive and detailed master plan for the environmental remediation and restoration of the Ogoniland. At this stage, the report is inactive and ineffective unless and until sincere efforts are made by the Federal Government of Nigeria to ensure the implementation of the report. It is noteworthy to state that the approval of actions to fast-track the implementation of the UNEP report recently by the Federal Government for the earnest commencement of environmental clean-up in Ogoniland is a right step in the right direction on the part of the government. Part of the actions is the amendment of the official gazette establishing the Hydrocarbon Pollution Restoration Project (HYPREP), set up in 2012 after the submission of the UNEP report, to reflect a new governance framework comprising a Governing Council, a Board of trustees and Project Management. It is expected that the environmental clean-up will commence in earnest after the inauguration of HYPREP Governing council and the Board of Trustees for the Trust Fund.

At this juncture, it should be noted that the environmental restoration of Ogoniland would require co-ordinated efforts on the part of the government agencies, industry operators. The majority of UNEP’s recommendations require multi-stakeholder efforts co-ordinated by the Federal Government. All the major stakeholders concerned in the report, most especially the Shell Petroleum Development Company of Nigeria (SPDC) must initiate all actions to address all of the recommendations directed to them in the report.

The environmental clean-up in Ogoniland is a pathway towards environmental sustainability. Thus, treating the problem of environmental contamination merely as a technical clean-up exercise will ultimately lead to failure. Ensuring long-term sustainability is a much bigger challenge- one that will require co-ordinated and collaborative actions from all stakeholders. This must include putting an end to the widespread pipeline sabotage, crude oil theft and illegal refining that are the main cause of environmental damage in Ogoniland and the wider Niger Delta.

The report also contained a host of legal and institutional changes to be effected to the existing regulatory framework in Nigeria. It is suggested that there should be transfer of oversight of the Environmental Guidelines And Standards for Petroleum Industry in Nigeria (EGSPIN), which hitherto lie with the Department of Petroleum Resources (DPR) , to the Federal Ministry of Environment, if necessary with appropriate staff or by recruiting and training new staff to ensure constant surveillance. Also, it is also suggested that there should be the provision for social and health impact assessment as an integral part of the overall environmental impact assessment (EIA) process for all new oil and gas facilities and upgrades to existing facilities in line with international best practice This means that the Environmental Impact Assessment (EIA) Act should be amended to accommodate these changes. It also proposes that there should be a review of the provisions of the NOSDRA (Establishment) Act, 2006 against National Oil Spill Detection and Response Agency’s (NOSDRA) current operational responsibilities. The Act should either be expanded to include responsibility for environmental contamination in general (other than oil spills) or oversight of clean-up should be given to a separate governmental department. The legal recommendations as highlighted above should be speedily effected by the legislature and the executive to fast-track the process of the clean-up.

It is therefore hoped that the present Federal Government would continue to take significant efforts and work collaboratively with all relevant stakeholders to ensuring the speedy implementation of the reports in due time. It must be said here that the land on which the economic prosperity of this great nation rest must not be allowed to suffer and lay uninhabitable. It must be restored back, as a matter of expediency and necessity, to its original safe, inhabitable and natural environmental state

These and many other studies on the effects of Climate change on indigenous people, not just the indigenous people of Ogoni, stress the salient need to analyze existing legal frameworks on climate change, pollution control and the various rights of indigenous people.

1:2 STATEMENT OF THE PROBLEM

Until very recently (owing to the crescendo of indigenous peoples' militia activities), the tempo of petroleum investments in Nigeria has witnessed remarkable increase. This is traceable to the increasing discovery of petroleum resources in terrains which have hitherto been unexplored due to non-discovery or technological limitations. These activities operate within the domain of traditional communities. Hence, its effects rub off on the communities, either positively, through development or negatively, through human devastation and environmental degradation.

On the negative front, Nigeria's petroleum exploitation venture has been tainted with sad tales of human rights violations. At the crux of these human rights violations is the degrading treatment meted on indigenous peoples in Nigeria's oil producing region, the Niger Delta.Ogoni forms a part of the Niger Delta region. At exploration, forests are destroyed during seismic operations leading to deforestation, noise pollution, threat to marine life, erosion and loss of vegetation and biodiversity[iv]. In addition, drilling wastes dumping from exploration drilling activities damages land and kills fishes and other living organisms in the water.[v] At the production phase, air pollution, pipeline leakages, operational and accidental spills[vi]. Also, well blow-outs, flaring, and venting[vii] also result in harmful consequences on the peoples' health, environment, infrastructural development and socio-economic livelihood. These form a bulk of the challenges encountered by the indigenous people of Ogoni (reference in this work will be made to Ogoni as it is the case study).

It is pertinent to note that petroleum development in Nigeria has exacerbated the very miserable socio- economic lives of its peoples (especially in the affected regions) and fueled intra/inter community conflicts between the people and their leaders over money sharing, thus systematically undermining the dignity of traditional institutions. This is further worsened by Government‟s acquiescence and indifference, nay complicity in Indigenous Peoples' rights violations.[viii]  

The foregoing has provoked a plethora of indigenous intellectual efforts via Indigenous Peoples' declarations aimed at drawing the attention of the international community to their plights[ix] and lately, an army of violent agitators who have thrown peaceful diplomacy to the winds and embraced outright violence and wanton kidnappings thus, almost making the operating environment uninhabitable for the oil companies.[x]

There is a need to consider the place of indigenous people in the environment so that the environment as well as its inhabitants are kept safe at all times. This work will be dissecting various "relevant" existing transnational legal frameworks that guarantee Indigenous Peoples' rights in relation to oil exploitation and other environmental activities which pose a threat to the climate. It will also be considering methods through which these hazardous activities can be curbed, thus ensuring the safety of Indigenous People, especially the Indigenous People of Ogoni.

Worthy of note too is the fact that the technological prowess we have achieved during the last two centuries has brought us to a crossroads. We are the inheritors of remarkable waves of technological change: steam power, railroads, electrification, automotive transport, aviation, telephones, industrial chemistry, modern medicine, computing, and now the digital revolution, biotechnologies and nanotechnologies.

We have also changed our natural environment to such an extent that many scientists feel compelled to redefine the current period as the Anthropocene epoch. Today, human activities, involving the unsustainable exploitation of fossil fuels and other forms of natural capital, are having a decisive and unmistakable impact on the planet. The

aggressive exploitation of fossil fuels and other natural resources has damaged the air we breathe, the water we drink, and the land we inhabit. For instance, some 1000 billion tons of carbon dioxide and other climatically important “greenhouse” gases have already been accumulated in the atmosphere. Over the course of a relatively short time, the concentration of carbon dioxide, CO2, has increased by 40%, and now exceeds the highest levels in at least the last million years. Carbon-dioxide is a major driver of the natural climate as well as biotic processes in both terrestrial and marine ecosystems, making possible life on Earth.

The problem we now face is that fossil fuel combustion and deforestation have significantly altered the carbon balance of the atmosphere and the biosphere. Fossil fuel exploitation has also taken a huge toll on human wellbeing. The air pollution caused by the unsustainable consumption of natural capital causes about 7 million premature deaths each year, as well as the annual destruction of over 100 million tons of wheat, rice and other crops. Human activities have changed the climate system through emissions of CO2, other non-CO2 greenhouse gases and particulate pollution. Vast transformations of the land surface, including loss of forests, grasslands, wetlands, and other ecosystems, are also contributing to climate change.

As a result of human activities, the concentration of the greenhouse gases, notably CO2, methane and nitrous oxide, have reached levels unprecedented in at least the previous million years. The climatic and ecological impacts of this human interference with the Earth System are expected to last for many thousands of years into the future. The planet has warmed by 0.85°C since the 1880s. Glaciers and Arctic sea ice have continued to shrink. For example, the Alpine glaciers in Europe and elsewhere have lost more than half of their mass over the course of the past 200 years. The glaciers in the Hindukush-Himalayan-Tibetan region are also shrinking, thus posing a threat to local communities and the many more people farther away who depend on the mountain water resources to which these glaciers contribute significantly during the dry parts of the year.

Everywhere, snow packs are melting earlier in spring, which, coupled with higher temperatures, has led to more frequent and extensive forest fires in the bordering ecosystems. Recent decades have also seen the accelerated melting of Greenland and West Antarctic glaciers and an Arctic Ocean that is increasingly open in summer. The melting glaciers and the extension of the warming to ocean depths below 1000 meters have increased sea level worldwide, an effect that will soon become an existential problem for many island nations, coastal cities, coastal and low-lying agricultural areas and wetlands everywhere.

These problems are not bound to or exclusive to certain territories. They stretch beyond borders. Which explains why Climate Change in any part of the world ought to be taken seriously. Attention is given to Ogoni because it has been a bedrock of industrialization in recent times. Leading to destruction of the environment and loss of lives as well. The world all over considers Climate Change a threat to the peaceful existence of man on earth and is leaving no stone unturned in its bid to tackle it. Affected places and people, especially indigenous people are not to be neglected in this life-changing course. Ogoni happens to be one of such places.

 

1.3 AIMS AND OBJECTIVES OF THE STUDY

The general objective of this study is to critically examine and appraise the legal framework for the protection of Indigenous People, especially the indigenous people of Ogoni, against the harsh results of the activities of man in the environment, and to explore ways of making these legal frameworks more efficient. Specifically, the objectives of the study are to:

a. Examine the history and development of the indigenous people of Ogoni.

b. Analyze the national legislation and international conventions on Climate Change and indigenous peoples' rights.

c) Evaluate the adequacy of the laws as they relate to the indigenous people of Ogoni,

d) Develop legal strategies for effective of indigenous people against the harsh effects of climate change and environmental degradation.

It will also be examining and assessing in part and where necessary the effects of oil industries on the Ogoni environment; how much harm the emissions from these industries cause to the environment; how these emissions can be reduced since it is clear that they cannot be stopped completely. I t will also investigate what individuals and the government are doing to control the emissions from oil industries while considering the legal frameworks put in place to curb and or check these emissions.

A critical look at these factors will go a long way in determining whether or not the lives of the Indigenous people of Ogoni can ever be saved from the harsh effects of climate change caused largely by the activities of man and industries on her environment.

1.4 SIGNIFICANCE OF THE STUDY

The significance of this study can be seen from a triangular point of view.

First, it is meant to encourage and stimulate researchers and students alike, in legal studies, to carry out similar researches that will focus on fine-tuning a holistic legal framework for the protection of Indigenous people in Nigeria. This is because, climate change has become a hydra-headed monster and the world over is trying to get rid of it. While plans are put in place to curb this rather deadly monster, it is necessary that the people who suffer from it's hostile effects be protected by the arm of the law.

Secondly, it is hoped that it will create awareness in the minds of our environmental agencies as well as educate these indigenous people about the legal provisions for climate change and rights available to indigenous people in Nigeria and where necessary, prompt them to make inputs towards achieving the goal of a comprehensive legal framework aimed at protecting indigenous people.

Thirdly, this study will enable legislators and policy formulators within Nigeria focus on how best to manage climate change, especially its effect on indigenous people in the country's affected regions. Suggestions and recommendations that will be offered here if adhered to by legislators and policy makers and implemented in the country will go a long way in solving the problem of neglect of indigenous people, and will eventually lead to economic growth, development, peaceful co-existence, and conservation of the environment.

Finally, the product of this research would be of immense assistance to future researchers who may at any time need literatures to review before embarking on their own work.

1.5 RESEARCH METHODOLOGY

This study will rely on primary and secondary sources of information. The primary sources include, local legislation on climate change, climate change regulations, international treaties and conventions and judicial decisions. Some of the legislations and conventions include: International Covenant on Civil and Political Rights (ICCPR), 1966; The ILO 169 Convention; African Charter on Human and Peoples' Rights38 (ACHPR) 1982; Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1966; International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966. These form part of the conventions on climate change and human rights ratified and in force in Nigeria.

The secondary source of information are books, journals, articles, newspapers and some unpublished source.

1.6 STRUCTURE OF THE STUDY

This study is concerned with the prospects of the existing legal framework in solving the problem of climate change caused by the activities of man on the environment while also considering the legal frameworks put in place for the protection of the rights of indigenous people. It appraises the whole of the existing legal framework  and its adequacy, and recommends necessary legal measures to enhance their viability.

It is divided into five chapters. Chapter one lays the foundation of the study, gives a general overview of the entire work, lists what the study will be centered on. It examines the background of the study, aims and objectives of the study, research method to be employed, significance of the study, and the structure of the study.

Chapter two takes a general definition of basic relevant terms in the study such as "Climate change" and "Indigenous Peoples". It also takes a critical look at Ogoni and some environmental challenges she's faced with while listing the impacts of environmental degradation on her environment.

Chapter three analyzes the various legal regimes of climate change, both national and international regimes, in force in Nigeria. It also discusses the relationship between the climate change laws in force and the rights of indigenous people, using a comparative method of sovereignty.

 

Chapter four deals with the legal appraisal of Ogoni and her indigenous people. In this chapter, the effects of climate change on the indigenous people is discussed whilst proposing methods through which these problems can be combated. It also evaluates how much knowledge indigenous people have about their environments.

Chapter five exposits strategies for effective protection of the indigenous people of Ogoni through the enactment of legislations that protect their rights, their environments and their lives. It highlights the strategies that could help in solving the problem of climate change. It further adopts some emerging basic principles of best practices while the research ends with summary, conclusion and recommendation.

 


1http://www.yusufali.net/articles/LEGAL_PROFESSION_AND_CLIMATE_CHANGE_IN_NIGERIA.pdf: LEGAL PROFESSION AND CLIMATE CHANGE IN NIGERIA by BY YUSUF OLAOLU ALI ESQ (accessed 10:23pm; 13/05/16)

[ii] Health of Mother Earth Foundation (HOMEF): Community Guide to Environmental Monitoring and Reporting. Published 2015. (accessed 10:24pm; 13?05/16)

[iii] Ken Saro-Wiwa "Genocide in Nigeria: The Ogoni Tragedy (1992) (accessed 10:48pm; 13/05/16)

[iv] In a Shell Internal Position Paper, it was reported that 56.4km2 of mangrove forest had been destroyed by Shell in Rivers State of Nigeria during seismic operations as at 1995. See J.P. Van Dessel, "The Environmental Situation in the Niger Delta‟, Internal Position Paper, February, 1995 at 15. See also Shell-BP V. Usoro (1960) SCNLR 121; Seismograph Service v. Mark (1993) 7 NWLR (Pt. 304) 203

[v] See Umudje & Another. v. Shell-BP (1975) 9-11 SC 155.

[vi] Recently, it was reported that coastal communities near the Qua Iboe Oil Export Terminal operated by ExxonMobil experienced spill incidents recurrently on December 4, 2009; March 24, 2010 and May 1, 2010. See Sahara Reporters, New York, ExxonMobil Oil Spill in Niger Delta exposes Nigerians to Poisoned Fish, 9 June, 2010 at http://www.saharareporters.com/real-news/sr-headlines/6244-exxonmobil-oil-spill-in-niger-delta-exposes-nigerians-topoisoned-fish.html (last visited on 20 July, 2010). A World Bank Report stated that about 2,300m3 of oil in about 300 oil spill incidents were recorded in Nigeria annually between 1991 and 1993 in Rivers and Delta States. See World Bank, Defining an Environmental Development Strategy for the Niger Delta (Washington DC, 1995), Vol. 1 p. 49 and Vol. II, Table A. 12 at 95. See also Shell v. Farrah (1995) 3 NWLR (Pt. 382) 148.

[vii] Inspite of the New Gas Masterplan framework and other anti-flaring regulations, Nigeria still flares 40% of its gas as it is produced, losing about $2.5b annually, contributing 12.5% of the world‟s gas flaring and ranking as the 2nd worst gas flaring nation in the world next to Russia. See Andrew Walker, BBC News, Nigerian Gas Profits „up in smoke‟ 13 January, 2009 at http://news.bbc.co.uk/1/hi/world/africa/7820384.stm (last visited on 20 July, 2010). See also S.A. Khan, Nigeria: The Political Economy of Oil (Oxford: Oxford University Press, 1994).

9 This is evident in the apathy towards adequate and effective legislative, institutional and judicial support for the IP rights, the repeated use of the Nigerian Military, Police and other security apparatus of the state to intimidate local peoples through indiscriminate arrests, torture, rape and extra-judicial killings. For instance, in the Umuechem Community protest against Shell facility in Umuechem, near PH, Rivers State in October 1990, the police killed about 80 people and destroyed about 500 houses, see A. Nsirimuvu, The Massacre of an Oil Producing Community: The Umuechem Tragedy Revisited (Port Harcourt: Institute of Human Rights and Humanitarian Law, 1994); The Ogoni Crisis, the brutal murder of Ogoni Leaders and the factionalisation of the Movement for the Survival of Ogoni People (MOSOP) till date, see J. Hammer, Nigeria Crude: A Hanged Man and an Oil-fouled Landscape‟, Harpers Magazine, June 1996; The Army Massacre of 20 November, 1999 in Odi, an Ijaw town in Bayelsa State resulting in the death of more than 2,400 people. See generally, Amnesty International Report, Claiming rights and Resources: Injustice, Oil and Violence in Nigeria Amnesty International Report: Ten years on: Injustice and violence haunt the oil Delta, 2005 at http://www.reliefweb.int/library/documents/2005/amnestynga-03nov.pdf (last visited on 20 July, 2010).

10 This includes the Egi People‟s Declaration, The Oron Bill of Rights, The Ogoni Bill of Rights, The Kaiama Declaration, The Ikwerre Declaration amongst others

11 This includes the Niger Delta People‟s Volunteer Force, Niger Delta Vigilante Force, Movement for the Emancipation of Niger Delta, Niger Delta Joint Revolutionary Council, Icelanders, Greenlanders, KKK amongst others. However, recently Amnesty and Post-Amnesty plans were established by the Nigerian Government for repentant militants who are willing to be rehabilitated. See Osa Okhomina, All Africa News, Nigeria: FG to Flag-off Post-Amnesty Plan, 26 May, 2010 at http://allafrica.com/stories/201005270478.html (last visited on 20 July, 2010).

 

 

 

 

 

 

 

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Paper Information

Format:ms word
Chapter:1-5
Pages:56
Attribute:Questionnaire, Data Analysis
Price:₦3,000
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