Over 700 families in Ogoniland are angry with the Rivers State government over what they allege was a forceful land acquisition by the state Ministry of Agriculture.

Consequently, the families, under the Ogoni Solidarity Forum and Ogoni Civil Society Platform have joined forces with two non-governmental organisations – the Social and Economic Rights Action Centre (SERAC) and Social Action (SA) – to show their displeasure and concern over what they described as the “grave human rights and due process breaches” by the Rivers State government.

The said farmland of about 200 hectares is being acquired to enable a Mexican investor, Union De Iniciativa S.A De C.V, undertake a commercial banana plantation project. As a result of this, families in the Nyokhana, Tai and Babbe kingdoms of Ogoniland stand to be affected by the land acquisition.

According to some of the affected family members, heavily armed military men have been coming every week in vehicles to patrol the area and survey new lands since May 16, 2011. They force anyone in their way to lie on the ground and people report being afraid to challenge the military for fear of the consequences.

Although the farmers have been explicitly forbidden by the military to return to the land, some now sneak back onto the land to harvest the few crops that remain in order to feed their families.

Full article

UN says clean-up operation following two massive oil spills in the Niger Delta could benefit other African countries developing their oil reserves

By John Vidal
Reposted from  guardian.co.uk, Tuesday 9 August 2011

Ogoniland is one of the most oil-polluted places on earth but it could become a model for other countries wanting to clean up their environments or avoid making the same mistakes, the UN has said.

“This could be the world’s biggest oil contamination clean-up,” said Nick Nuttall, spokesman for the UN’s environment programme (UNEP) director, Achim Steiner. “It is up to the government of Nigeria what happens now, but [from talks with President Goodluck Jonathan in Abuja this week] there appears to be a willingness to act,” he said while in London.

Preliminary cost estimates to decontaminate and restore the devastated ecology of the 1,000 sq km of land and water are nearly $1bn for the first five years, with much more money possibly needed over the full 30 years it will take to clean up the region, said UNEP chief scientist Joseph Alcamo in London.

But he said that if governments and oil companies were prepared to put up the money to act, it could provide work to train tens of thousands of Ogonis, leave the area “pristine” and help many other African countries that were on the point of commercially developing their oil reserves.

São Tomé, Ghana, Uganda, Sierra Leone and Ethiopia all expect to produce oil in the next 10 years. “One in 10 barrels of oil in the world presently comes from Africa. It is very likely that oil production will increase on the continent. Countries can learn from this painful experience,” said Alcamo.

As well as immediate measures, such as warning Ogoni people if they are drinking from polluted wells and proposing that the oil companies rethink their clean-up procedures, the UN recommended that a global centre for excellence for environmental restoration be set up in Ogoniland.

Full article

image: UNEP Environmental Assessment of Ogoniland

Amnesty International, Responding to United Nations Report on Disastrous Oil Pollution in Nigeria, Demands Accountability from Shell Oil Company

Reposted from Amnesty International

Urges Institutional Investors to Urge Shell To “Clean Up Its Act” in Niger Delta

Contact: Suzanne Trimel, 212-633-4150, strimel@aiusa.org

(New York) – Amnesty International said today that Shell oil company has had a disastrous impact on the human rights of people living in the Niger Delta and must be held to account.  The organization was responding to a United Nations report – the first of its kind in Nigeria — on the severe and widespread effects of oil pollution in Ogoniland in the Delta region.

The report from the United Nations Environment Program is based on two years of in-depth scientific research. It found that oil contamination is widespread and severe, and that people in the Niger Delta have been exposed for decades.

“This report proves Shell has had a terrible impact in Nigeria, but has got away with denying it for decades, falsely claiming they work to best international standards,” said Amnesty International Global Issues Director, Audrey Gaughran, who has researched the human rights impacts of pollution in the Delta and is the author of a groundbreaking 2009 report, “Petroleum, Pollution and Poverty in the Niger Delta.”

The U.N. report, which was conducted at the request of the Nigerian government and paid for by Shell, provides irrefutable evidence of the devastating impact of oil pollution on people’s lives in the Delta – one of Africa’s most bio-diverse regions.  It examines the damage to agriculture and fisheries, which has destroyed livelihoods and food sources. One of the most serious facts to come to light is the scale of contamination of drinking water, which has exposed communities to serious health risks. In one case water was found to contain a known carcinogen at levels 900 times above World Health Organization guidelines. The U.N. Environment Program has recommended emergency measures to alert communities to the danger.

“This report should also be a wake-up call to institutional investors. In the past they’ve allowed Shell’s public relations machine to pull the wool over their eyes, but they will now want to see the company cleaning up its act in the Niger Delta – that means putting real pressure on Shell to avoid spillages, compensate those already affected and disclose more accurate information on their impacts,” said Gaughran.

The report reveals Shell’s systemic failure to address oil spills going back many years and  describes how sites that Shell claimed were cleaned up were found by UNEP experts to be still polluted.

Full press release

By John Vidal

Wednesday 3 August 2011

Reposted from guardian.co.uk

Oil giant faces a bill of hundreds of millions of dollars following class action suit brought on behalf of communities in Bodo, Ogoniland

The impact of an oil spill near Ikarama in the Niger delta. Photograph: Amnesty International UK

Shell faces a bill of hundreds of millions of dollars after accepting full liability for two massive oil spills that devastated a Nigerian community of 69,000 people and may take at least 20 years to clean up.

Experts who studied video footage of the spills at Bodo in Ogoniland say they could together be as large as the 1989 Exxon Valdez disaster in Alaska, when 10m gallons of oil destroyed the remote coastline.

Until now, Shell has claimed that less than 40,000 gallons were spilt in Nigeria.

Papers seen by the Guardian show that following a class action suit in London over the past four months, the company has accepted responsibility for the 2008 double rupture of the Bodo-Bonny trans-Niger pipeline that pumps 120,000 barrels of oil a day though the community.

Ogoniland is a small region of the Niger delta which threw out Shell in 1994 for its pollution but then saw eight of its leaders, including the writer Ken Saro-Wiwa, executed by the government.

The crude oil that gushed unchecked from the two Bodo spills, which occurred within months of each other, in 2008 has clearly devastated the 20 sq km network of creeks and inlets on which Bodo and as many as 30 other smaller settlements depend for food, water and fuel.

No attempt has been made to clean up the oil, which has collected on the creek sides, washes in and out on the tides and has seeped deep into the water table and farmland.

According to the communities in Bodo, in two years the company has only offered £3,500 together with 50 bags of rice, 50 bags of beans and a few cartons of sugar, tomatoes and groundnut oil. The offers were rejected as “insulting, provocative and beggarly” by the chiefs of Bodo, but later accepted on legal advice.

Shell’s acceptance of full liability for the spills follows a class action suit bought on behalf of communities by London law firm Leigh Day and Co, which represented the Ivory Coast community that suffered health damage following the dumping of toxic waste by a ship leased to multinational oil company Trafigura in 2006.

Many other impoverished communities in the delta are now expected to seek damages for oil pollution against Shell in the British courts. On average, there are three oil spills a day by Shell and other companies working in the delta. Shell consistently blames the spills on local youths who, they argue, sabotage their network of pipelines.

“The news that Shell has accepted liability in Britain will be greeted with joy in the delta. The British courts may now be inundated with legitimate complaints,” said Patrick Naagbartonm, coordinator for the Centre of Environment and Human Rights in Port Harcourt.

Full article

Reposted from  Sahara Reporters New York
July 21, 2011

Press Statement

RE: REVOCATION OF RIGHT OF OCCUPANCY NOTICE IN RESPECT OF LAND REQUIRED FOR THE SERVICES OF THE FEDERAL GOVERNMENT OF NIGERIA FOR  PROPOSED NEW TOWN DEVELOPMENT PROJECT PARCELS A AND B AT NYOKURU AND BEERI COMMUNITIES

Members of the Movement for the Survival of the Ogoni People (MOSOP) has become aware of an advertorial by the Rivers State Government (RSG) published in The Nation Newspaper of Friday, July 15, 2011. The RSG in the advert says it intends to expropriate over 258,954 hectares of land from the Ogoni nation purportedly for overriding public purpose – to wit the development of a new town by the Federal Government.

The advert called on anyone who has right or interest in the expropriated lands to put in their claim within two weeks from the date of the advert. May we remind the state government that many of the affected landowners and farmers, do not have access to national dailies and so would not be aware that the state government is about to take their lands. It is also pertinent to once again call the attention of the government to the fact that there is an intrinsic link between the survival of the Ogoni nation and their lands. It is therefore imperative that in this democratic dispensation, the state government should imbibe and espouse the benefits of wide and adequate consultations in situations where they would deprive communities and individuals of their livelihoods and their ability to survive.

We find it difficult to rationalize government’s insistence on seizing another 258,954 hectares of land in Nyokuru and Beeri communities in Khana local government area of Ogoni immediately after an earlier controversial land grab of over 100,000 hectares spanning Tai and Khana LGAs and which has claimed three innocent lives. We are concerned that government has deliberately ignored the fact that its spate of land seizure in Ogoni would have dire implications on local communities.

MOSOP is aware that the discredited Land Use Act, the abrogation of which the governor himself has championed; vests authority over land in the State Governor. We are however concerned at the tone of the advert and the willingness of the state governor to take advantage of this obnoxious law to deprive communities and individuals of their right to livelihood and survival without transparent and adequate consultation.

This coercive tendency no doubt betrays sinister intent as this appears not to fit into the development agenda of the present national government. It is suspicious that while the story circulated earlier related to an industrial estate, we are now reading about development of a new town. It is on record that past regimes have seized colossal amount of lands from Ogoni communities for new town development only to abandon the project. Besides, huge amount of our lands have been captured for oil and gas production, many others grabbed by past administrations for some other development initiatives but abandoned and are wasting. We condemn this colonizing scramble for Ogoni through land grabbing, which will no doubt generate unmanageable land shortage for local subsistence food production and other uses especially housing development.

Internationally recognized best practice in land resettlement schemes require that when government expropriates lands from communities for overriding public purpose, it must first offer those who have lost lands, an alternative and suitably situated land, acceptable to them and on which they can continue their farming. It also requires that adequate compensation be paid to affected landowners and farmers for crops and other improvements on the land, taking care to compute the life span of perennial crops and the aggregate income landowners and farmers would have earned during the lifespan of such crop. The two weeks time frame set out in the advertorial is certainly grossly insufficient to resolve these issues.

Full article

Image attribution: Flag of the Ogoni People by Mysid [Public domain], via Wikimedia Commons

Watch the full video and join the discussion by adding your comments here.

image credit: Ken Saro-Wiwa from remember saro-wiwa, http://remembersarowiwa.com

The Nigerian National Petroleum Corporation (NNPC) said Thursday that the Nigeria Petroleum Development Company (NPDC), its producing arm, will soon commence production from the 30 oil fields belonging to Shell Petroleum Development and Production Company (SPDC) in Ogoniland.

Group Managing Director (GMD) of NNPC, Engr. Austen Oniwon, who confirmed the development in an interview with journalists in Abuja, said the move was in line with the Corporation’s mandate to produce 250,000 barrels of crude oil per day in 2015.

Oniwon said to achieve the set mandate, the NPDC has grown its asset base in three fold preparatory to becoming a big player in the upstream sector, while the enabling environment has been provided by the Federal Government

The SPDC was forced to abandon the prolific oil wells in 1995, following the crisis that greeted the murder of former President of the Movement for the Survival of Ogoni People (MOSOP), Ken Saro-Wiwa.

However, in 2008, the Federal Government announced that the oil fields would be handed over to another operator acceptable by the Ogonis on grounds that there was a total loss of confidence between the Ogoni people and Shell. Government reasoned that the solution to the crisis was to allow an operator acceptable to Ogonis to take over exploration activities in the area.

The pronouncement had pitched Shell against the Federal Government, as the oil giant insisted that it would not hands off those blocks to any operator, other than a Joint Venture partner. Shell had faulted government’s decision and resisted initial plans to hand over the control of the Nigerian oil fields to Chinese oil companies.

After intense lobbying, government named the NPDC as the new operator of the oil blocks, a development, which received the commendation of Shell, which under the NPDC’s operatorship, would continue to be a shareholder in the Ogoniland operations.

The news of the NPDC’s planned commencement of exploration has elicited reactions from Ogoni people, who vowed last month to resist any such moves.

MOSOP President, Mr. Ledum Mitee, told THISDAY recently that the Federal Government was yet to contact the Ogoni people on the planned take-over, insisting that any company that would be allowed to explore oil in Ogoniland must be acceptable by the people of Ogoni.

“I have not been contacted about the plan by the NPDC to begin production, although the government was considering appointing a new operator. Our position as always is that Shell must be replaced. So it is important that government should first discuss whoever will be coming with us. I should expect government to contact us for discussion first and for us to know who is coming what the company stands for and what they are bringing to the table. We don’t want Shell or something like Shell or a company that will work for Shell,” he said.

Also, Ogoni people, under the umbrella of National Union of Ogoni Students, USA, recently cautioned Shell, NPDC and the NNPC against what it described as the danger of back door negotiations with acclaimed stakeholders, and vowed that neither Shell, NPDC nor NNPC would be allowed to operate in the area.

The students in a statement titled “Ogoni Allegations Against the Nigerian Government and Shell”, a copy of which was made available to THISDAY warned against using the security forces to terrorise the people of Ogoni in order to start oil production.

The statement read: “We also discovered that the Rivers State government, NPDC, Shell and the federal authority are making another calculated attempt to start oil production in Ogoni without meeting the demands of the people as stated in the Ogoni Bill of Rights (OBR). They planned to do this through the use of the already established security task forces (Abacha style) coupled with some help from the deceptive works of the UNEP. We strongly advise the Rivers State government to stop using the State security taskforce to terrorise the people of Ogoni in order to start oil production.

“We abhor a repeat of state and corporate sponsored violence that characterised the 1990s’ which was used by the Nigerian government as a pretext to kill prominent Ogoni leaders and over 4000 Ogoni indigenes for demanding their rights. Ogoni students viewed these secret attacks as a sponsored activity by Shell Oil and the authority to resume oil operations in Yorla Oil Fields. We shall be forced to take civil actions against Shell and all those behind these constant threats to the peace of Ogoni”.

A United States Appeal Court on Friday refused to entertain a lawsuit that accused Royal Dutch Shell Plc of helping Nigerian authorities violently to suppress protests against oil exploration in the 1990s.

Specifically, the plaintiffs, families of seven Ogoni indigenes who were executed by the regime of the late General Sani Abacha, had accused the oil giant of violations related to the 1995 hangings of Ken Saro-Wiwa and eight other protesters by Nigeria’s then-military government.

The Ogoni Nine

In the case – Kiobel et al v. Royal Dutch Petroleum Co et al, 2nd U.S. Circuit Court of Appeals, Nos. 06-4800 and 06-4876, the plaintiffs had sought their claims from the oil giant under a 1789 U.S. law known as the Alien Tort Statute.

The Alien Tort Claims Act (ATCA) was adopted in 1789 as part of the original Judiciary Act. It gave the federal courts jurisdiction to hear tort claims brought by foreigners who allege a violation of international law or a treaty to which the United States is a party. For almost two centuries, the statute was relatively dormant, supporting jurisdiction in only a handful of cases. However, it was later invoked in several cases involving torture, disappearances, or killings committed by non-Americans in foreign countries.

In a divided vote that prompted a bitter debate among some of its judges, the US appellate court affirmed a September ruling, which held that companies cannot be liable in U.S. courts for violations of international human rights law.

Reuters reported that the full 2nd U.S. Circuit Court of Appeals in New York declined to hear the case by a 5-5 vote and instead left intact the original 2-1 panel ruling from September. Separately, the judges in that panel voted 2-1 not to rehear the case, the report said, added that the Friday ruling may not be the end of the lawsuit.

“The 2nd Circuit is alone among federal circuit courts in concluding that corporations cannot be responsible under U.S. law for human rights violations, ” the newswire quoted an international law professor at George Washington University, Ralph Steinhardt as saying. “This clears the way for the plaintiffs to seek review at the Supreme Court,” he added. The report added that a lawyer who has represented the families, Paul Hoffman, and Shell, did not immediately return requests for comment.

Shell had since denied allegations it is involved in human rights abuses.The 2nd Circuit ruling, the report said, applies in New York, Connecticut and Vermont. The Alien Tort Statute had underpinned other human rights cases. Reuters reported that in one, mining company Rio Tinto Plc was accused of forcing workers in Papua New Guinea to live in “slave like” conditions, and pushing the government to exact retribution after a mine was sabotaged.

The report cited another case where plaintiffs sought to hold Ford Motor Co. General Motors Co. and International Business Machines Corp liable for helping South African authorities when apartheid was in force more than two decades ago.

Friday’s split ruling showed major differences in the judges’ thinking. Chief Judge Dennis Jacobs, part of the September panel that ruled for Shell, wrote that the original ruling “has no great practical effect except for the considerable benefit of avoiding abuse of the courts to extort settlements.”

He chided what he called fears by dissenting Judge Pierre Leval that “slavers and pirates will now rush into corporate transactions,” resulting in “absolution to moral monsters. For the record: even moral monsters are humans, and I would happily see them hanged.” Leval countered that Jacobs’ opinion evinces an “intense, multi-faceted policy agenda” underlying an effort “to exempt corporations from the law of nations.”

The report noted that other judges who favored a rehearing by the entire court said the case presented “a significant issue,” and that September’s ruling conflicted with a 2008 ruling from the 11th Circuit appeals court, which sits in Atlanta.

See another article on this story:  Shell not liable for rights violations, UPI, published: Feb. 8, 2011 at 9:44 AM

The Ogoni Nine

Police Open Fire at Ogoni Vigil in Port Harcourt

By Ben Amunwa, Remember Saro-Wiwa,  November 9, 2010

It’s the kind of text message you never want to receive. Sent from an activist in the Niger Delta on November 9th at 22.00, it reads:

Teams of heavily armed policemen stormed Saro-Wiwa’s No. 24 Aggrey Road, Port Harcourt, venue of the Saro-Wiwa candle light procession, shooting sporadically causing fear and panic.

[UPDATE 11/11/10: we have received further reports that police had beaten demonstrators with gun butts, kicks and horsewhips, leaving 12 people injured in the attack]. The crackdown shows utter contempt for the lives of Ogoni demonstrators, and infringes on their rights to freedom of assembly. Despite decades of non-violent protest, the Nigerian police continue to respond to demonstrators with brutal and excessive force. Similar repression occurred on 12th October last year when 13 people were shot and at least one person killed by police and army soldiers at Bundu Ama waterfront community in Port Harcourt, where residents were trying to protect their homes from government demolitions. On 5th April 2009, a number of well-known Delta activists were beaten and illegally detained by police. They were released following international pressure and interventions by civil society groups. On 26th May 2009, a rally in Ogoniland, timed to coincide with the landmark human rights lawsuit Wiwa v Shell in New York, was disrupted by police who arrested and detained five bus-loads of demonstrators. Women protestors were also beaten with rifle-butts and iron bars in January 2009, outside the gates of a Shell contractor.

Every year, Ogoni people assemble at 24 Aggrey Road in remembrance of Saro-Wiwa and his eight colleagues. In the 1990s, the building used to be known as the “Ogoni Embassy”. There is every indication that the protests will continue, because they have done so in defiance of police repression, military occupation and environmental devastation for well over 20 years. Perhaps one day, the government will stop using violence long enough to listen to the Ogoni’s message of human dignity and justice for all.

An afterthought contained in the text message reads:

“You can kill the Messenger, but you can’t kill the message” That was Ken Saro-Wiwa’s memorable words before he and other of his 8 comrades were hanged’

Ken Saro Wiwa

Fifteen years ago Ken Saro Wiwa and eight other Ogoni activists who led protests against Shell Oil company were hanged by the Nigerian government after a sham trial on trumped up charges.

Today as we remember Ken Saro Wiwa and his colleagues, we continue to fight for an end to human rights violations and environmental destruction by Big Oil in Nigeria.

The Ogoni Nine

Also today we share with you new revelations about Shell’s PR strategy after the deaths of the Ogoni activists.

“The documents offer a previously hidden insight into efforts by the company to deflect the PR storm that engulfed it after the Nigerian activist was hanged by the country’s military government. Shell faced accusations that it had colluded with the government over the activists’ deaths.” –Eveline Lubbers and Andy Rowell, The Guardian

The Guardian piece makes note that a Shell spokesperson said that the company’s environmental record had “improved greatly” in recent years, outlining the difference between the number of oil spills in 2009 (132) versus the average number between 2005 and 2009 (175 per year.)

For readers who want more background, there is a new series of podcasts marking the 15th anniversary of the execution of Nigerian writer and activist Ken Saro-Wiwa produced by PLATFORM’s remember saro-wiwa project. JINN’s friend and partner on the ground Emem Okon, the Director of the Kebetkache Women Development and Resource Centre, who joined us in the Bay Area and in Houston last May is featured in Episode 1: “Fifteen Years of Not Getting Justice.”