"SHELL, COME TO TERMS WITH NIGERIA" Photo Credit: Radio Netherlands Worldwide

On December 30, 2009 a civil court judge in the Hague ruled that Royal Dutch Shell can be sued in the Netherlands—its corporate headquarters—for pollution it caused in Nigeria.

Four Nigerian villagers and Friends of the Earth Netherlands (Milieudefensie) brought the claim, forcing Shell to face up to charges of environmental and social damage it has caused in the oil-rich Niger Delta. Estimated damage from pipeline spills and gas flaring caused by the oil industry as a whole amounts to up to $20 billion, according to a variety of independent organizations. Royal Dutch Shell is the largest oil company operating in Nigeria.

The case charges Shell with environmental degradation arising from its oil operations in the village of Oruma, where a high-pressure wellhead spewing oil and gas ran uncontained for 12 days, polluting land and drinking water in nearby communities, with “clean-up”—comprised of dumping toxic waste into pits and burning them—beginning four months later. Shell also faces claims for damage in Goi, where in 2005, Shell’s Trans-Niger pipeline caught fire and destroyed farmland and homes and polluted fisheries, with the mess remaining for 33 months, as well as for an enforcement action of a court order against Shell to stop the illegal practice of gas flaring, which the federal high court of Nigeria declared a violation of human rights in 2005.

The first substantive hearing, which pertains to the Oruma oil spill, is slated to begin in the Hague Civil Court tentatively in spring 2010.

Royal Dutch Shell continues to deny responsibility for, and contest jurisdiction abroad over, its actions in Nigeria.

Read more here:

http://www.guardian.co.uk/business/2009/dec/30/shell-oruma-alleged-pollution-claim

http://news.bbc.co.uk/2/hi/business/8434736.stm

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The Critical Now

By Oronto Douglas

November 20, 2009

Reposted from NEXT

Militancy and amnesty aside, the challenge of resolving the puzzle that has denied the many communities and clans of the resource rich Niger Delta has reached emergency levels. Although the crisis was easily predictable, successive governments had treated the anger and protests as mere irritations that can be brushed aside with warning shots, arrests or in extreme cases, devastating attacks on communities.

For scholars and survivors, there is something new that should worry all lovers of peace and livelihood - the completed project of the regionalization of anger and the now emerging nationalization of grievances anchored on stubborn defiance.

In the early days of the struggles by our people against the corporations and governments, the focus of mobilisation remained in islands of clans with small numbers of dedicated individuals and rarely was cross clan collaboration involved. In the renewed agitations of the 1990s, the idea of clan collaboration began to take firm root with the emergence of the Chikoko Movement and several groups worked like this. Read the rest of this entry »

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Berkeley, Oakland urge oil money transparency

By Josh Richman
Wednesday, October 14th, 2009 at 12:39 pm

Reprinted from The Contra Costa Times Political Blogger

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Sweet Crude Playing at United Nations Film Festival - SF screening, Free Admission

Sunday, October 18, 2009 at 2:50pm

San Francisco, Variety Screening Room
582 Market Street, San Francisco -Map

Sweet Crude, is playing for FREE on Sunday October 18th in San Francisco as part of the United Nations Film Festival. The award winning documentary captures the complex reality of how the oil industry and the Nigerian government have left the Delta in such desperation that some have turned to militancy while others struggle to survive. The film will be followed by a panel discussion with the Director and experts and activists focused on the issues in the Niger Delta.

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When Secretary of State Hillary Clinton meets with Nigerian President Umaru Yar’Adua on Wednesday August 12, she will discuss what JINN thinks are some of the most important and interconnected issues facing the country today: electoral integrity, corruption and the Niger Delta. We hope she sends a strong message that reform in all three areas is necessary for Nigeria to continue functioning as a State and to continue as a key U.S. ally.

Nigeria is known for its fraudulent elections and politicians who employ armed thugs to ensure votes are cast in their favor. The Nigerian government faces a crisis of credibility that has the potential to become volatile, if members of minority communities and residents of the politically disenfranchised economic engine of the Delta continue to feel that they do not have any real power or say in their own governance. In fact, the armed insurgency that gained world attention by disrupting oil operations in the Delta has its roots in the gangs armed by political candidates. Electoral integrity and the ability for all citizens of Nigeria’s democracy to participate meaningfully should be high on Secretary Clinton’s agenda.

Legendary for its high levels of corruption, Nigeria must institute real reform. For those living in the Niger Delta, corruption means that the majority live in poverty while the approximately $700 billion in oil revenues earned over the last fifty years was split between the Nigerian government and the oil companies, with which the government partners. Although the Nigerian government claims to send a small percentage of its oil revenues to the communities where it is extracted, and although oil companies claim to provide local community benefits, the majority of those living in the Delta’s oil producing communities live on less than $1 per day and have seen their living standards decline over the years. Secretary Clinton must insist that the Nigerian government institute measures to ensure greater transparency and accountability, which are critical to ensuring that the country’s revenues benefit the many and don’t just line the pockets of a few. Ultimately, U.S. businesses will also find it easier to operate in a less corrupt environment.

The Niger Delta and its oil resources fuel the Nigerian treasury, which depends upon oil for 80% of government revenue. The oil of the Delta is important to both countries. In 2006 more then 40% of Nigeria’s oil was exported to the U.S. and it represented 15% of the U.S. supply. However, a political militancy has reduced Nigerian output for the last few years. Output has been even more dramatically reduced since May of this year when militants began blowing up oil installations in reprisal for an ongoing series of attacks by the Nigerian military claiming to be rooting out militants, but destroyed local villages and displaced, killed and injured innocent civilians who still cannot return home. The political militancy of the last five years arose after 45 years of peaceful protest by villagers yielded no major improvements for local communities whose quality of life was decimated. When Secretary Clinton meets with President Yar’Adua it is imperative to U.S. economic and energy security, to the stability of Nigeria and to the lives of those who live in the Delta that she urge President Umaru Yar’Adua to:

• Withdraw the Nigerian military forces from the Niger Delta and institute an official ceasefire;
• Initiate third party monitored diplomatic talks that include all stakeholders;
• Allow free and unfettered access to all parts of the Delta by journalists, humanitarian aid groups and human rights organizations;
• Make real investments in the development of the Niger Delta and rebuild villages destroyed by the recent military attacks.

Electoral integrity, transparency and accountability and addressing the root cause of the troubles in the Niger Delta are interconnected issues that we applaud the Obama administration for publicly stating are on its agenda. JINN hopes that in her discussions regarding the Niger Delta that Secretary Clinton recognizes the imperative of seeking long term solutions that will meet the real needs of villagers in oil producing communities while once again increasing production output and oil revenues.

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Niger Delta Standoff

by Kia Mistilis

Reprinted from Foreign Policy in Focus: Editor: John Feffer and Jen Doak

Behind fighter-planes and gunboats, Nigerian forces launched a full-scale offensive in the Niger Delta on May 13, displacing 30,000 people and sparking a humanitarian crisis. Thousands of civilians fleeing destroyed villages are now trapped between armed resistance groups and the Nigerian military. These civilians are hiding in the bush without food, water, or medical supplies, let alone Internet access to alert the world of their plight, as Iranians are doing via Twitter.

Suanu Bere speaking at a Shell rally in San Francisco. Credit: Jan Stürmann

Against the backdrop of a world energy crisis, the media are reporting the region’s growing instability, mostly in terms of its effect on global oil supply and prices. For the 12 million people living in the Niger Delta, however, the struggle is about their survival.

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Nigeria: Petroleum, Pollution and Poverty in the Niger Delta

On Tuesday June 30,  Amnesty International released a major report detailing the the pollution and environmental damage caused by the oil companies while the Nigerian government continues to favor the oil companies and not the people of the Niger Delta. 

“Oil companies have been exploiting Nigeria’s weak regulatory system for too long,” said Audrey Gaughran of Amnesty International. “They do not adequately prevent environmental damage and they frequently fail to properly address the devastating impact that their bad practice has on people’s lives.”

This 143-page report covers explains how decades of neglect, human rights abuses and environmental damage has contributed to the current crisis in the Niger Delta.

Read the  Summary and Full Report

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Settlement Reached in Human Rights Cases Against Royal Dutch/Shell

On Eve of Trial, Settlement Agreements Provide $15.5 Million for Compensation to Nigerian Human Rights Activists and to Establish Trust Fund

Reprinted from Wiwavshell.org

Official Statement from Plaintiffs

Official Statement from Attorneys

New York, June 8, 2009 — Today, the parties in Wiwa v. Shell agreed to settle human rights claims charging the Royal Dutch/Shell company, its Nigerian subsidiary, Shell Petroleum Development Company (SPDC or Shell Nigeria), and the former head of its Nigerian operation, Brian Anderson, with complicity in the torture, killing, and other abuses of Ogoni leader Ken Saro-Wiwa and other non-violent Nigerian activists in the mid-1990s in the Ogoni region of the Niger Delta.

The settlement, whose terms are public, provides a total of $15.5 million. These funds will compensate the 10 plaintiffs, who include family members of the deceased victims; establish a Trust intended to benefit the Ogoni people; and cover a portion of plaintiffs’ legal fees and costs. The settlement is only on behalf of the individual plaintiffs for their individual claims. It does not resolve outstanding issues between Shell and the Ogoni people, and the plaintiffs did not negotiate on behalf of the Ogoni people.

Plaintiff Ken Saro-Wiwa, Jr., the son of Ken Saro-Wiwa explained, “In reaching this settlement, we were very much aware that we are not the only Ogonis who have suffered in our struggle with Shell, which is why we insisted on creating the Kiisi Trust.” The Kiisi Trust—Kiisi means “Progress” in the plaintiffs’ Ogoni language—will allow for initiatives in Ogoni for educational endowments, skills development, agricultural development, women’s programs, small enterprise support, and adult literacy.

Judith Chomsky, cooperating attorney with the Center for Constitutional Rights (CCR), one of the attorneys who initiated the lawsuit, stated, “The fortitude shown by our clients in the 13-year struggle to hold Shell accountable has helped establish a principle that goes beyond Shell and Nigeria—that corporations, no matter how powerful, will be held to universal human rights standards.”

Added Jennie Green, the CCR staff attorney who initiated the lawsuit in 1996, “This was one of the first cases to charge a multinational corporation with human rights violations, and this settlement confirms that multinational corporations can no longer act with the impunity they once enjoyed.”

Wiwa v. Royal Dutch Petroleum, Wiwa v. SPDC, and Wiwa v. Anderson are three lawsuits filed by CCR, co-counsel EarthRights International (ERI), and private law firms on behalf of relatives of murdered Ogoni activists and other injured Ogonis who were fighting for human rights and environmental justice in their homeland.

Plaintiffs charged Royal Dutch Shell, Shell Nigeria, and Anderson with complicity in extrajudicial killing, crimes against humanity, torture, and other human rights claims. Plaintiffs in the case include the relatives of the executed activists Ken Saro-Wiwa, John Kpuinen, Saturday Doobee, Daniel Gbokoo, Felix Nuate, and Dr. Barinem Kiobel. Dr. Owens Wiwa, Ken Saro-Wiwa’s brother, and Michael Tema Vizor brought claims for the torture and detention that resulted in their exile from Nigeria. Further claims were brought by Karalolo Kogbara, who lost her arm, and on behalf of Uebari N-nah, who was killed in attacks on Ogoni civilians.
Anthony DiCaprio, an attorney who has worked on the case for many years, commented, “Throughout this very long process, I have been humbled by our clients’ unwavering courage and resilience. Their satisfaction with the result that we have been able to achieve is extremely gratifying.”
Human rights attorney Paul Hoffman, trial counsel in the Wiwa cases and partner at the law firm of Schonbrun, De Simone, Seplow, Harris and Hoffman, noted, “This settlement is only a first step towards the resolution of still outstanding issues between Shell and the Ogoni people.”

Oil operations in Nigeria have been chief among Shell’s assets for many decades. Critics charge that Shell’s aim for the lowest possible production cost, without regard for the resulting damage to the surrounding people and land, has wreaked havoc on local communities and the environment, including the still on-going practice of gas flaring. In the early 1990s, the Ogoni, led by Ken Saro-Wiwa and the Movement for the Survival of the Ogoni People, began organized, non-violent protests against Shell’s practices. Shell grew increasingly concerned with the heightened international prominence of the Ogoni movement and made payments to security forces that they knew to be engaging in human rights violations against the local communities. The military government violently repressed the demonstrations, arrested Ogoni activists, and falsely accused nine Ogoni activists of murder and bribed witnesses to give fake testimony. The nine, including Ken Saro-Wiwa, were denied a fair trial and then hanged on November 10, 1995.

Said Agnieszka Fryszman, co-counsel with the law firm of Cohen Millstein Sellers & Toll, “The case has been pending for many years, and this settlement puts an end to what would likely have been yet another long round of appeals.”

Marco Simons, ERI Legal Director, stated, “The courts repeatedly rejected Shell’s efforts to dismiss this case, setting important legal precedents for the continued prosecution of corporations in breach of international law. This reinforces the plaintiffs’ demands that corporations such as Shell safeguard human rights and the environment.”

For complete documentation of the legal briefs and further background information, click here or visit www.ccrjustice.org, www.earthrights.org, and www.sdshh.com.

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Han Shan, Coordinator for the Shell Guilty Campaign Speculates as to why the Wiwa v Shell trial was delayed and how we can continue to support the Ogoni plaintiffs

June 3, 2009

By Han Shan, ShellGuilty

Shell Protest in San Francisco on May 19, organized by JINN in the lead up to the Wiwa v Shell trial

Today, there was another delay in the Wiwa v. Shell trial, causing teeth-gnashing by journalists who have dedicated resources to cover the trial, hand-wringing by Ogoni people and human rights & environmental justice supporters worldwide, and head-scratching by nearly everyone else following along.

The trial had been set to begin with jury selection last Wednesday, May 27th, in the U.S. District Court for the Southern District of New York in Manhattan. Last Tuesday, there was an 11th-hour postponement with no new trial date set. However, the court set a pre-trial conference with the two opposing counsel for Monday, June 1st. Late last Friday, the court announced that the Monday conference would be pushed back to Wednesday, June 3rd at 2pm. And today, that conference was canceled.

Presiding Judge Kimba Wood’s order says that the “trial remains adjourned sine die” which, with its poetic-sounding legal Latin, means that the trial is postponed indefinitely.

Does that mean it’s over, finished, done?!

No. But we really don’t know exactly what it means.

It could mean another court order is right around the corner that will set another pre-trial conference, or even set a date for jury selection – and the trial – to begin.

Or, as has been the subject of much speculation, the next thing we hear about may be an out-of-court settlement.

That would certainly cause more hand-wringing and teeth-gnashing but it would also make sense. Certainly, Shell doesn’t want this case to go to trial. They never did, and they filed motion after unsuccessful motion to try to keep it from happening. After losing the legal battle thus far, it’s easy to imagine that Shell would do anything it could – offering many millions of dollars of restitution to the plaintiffs comes to mind – to keep the trial date from ever coming.

And while many of us want to see Shell face the music for the crimes it has committed in Ogoni, we should also recognize that there are good reasons that the plaintiffs might want to settle and be done with this long legal struggle. I won’t enumerate them here, but I’ve reviewed the myriad reasons in my head and I would suggest that you do it yourself, if like me, your first thought on the idea of a settlement is that it’s some sort of terrible betrayal of everything the Ogoni people have fought for.

It’s not. And if there’s a settlement, we should be ready to support the plaintiffs as they declare victory, and work to keep the heat on Shell to end the crimes it continues to commit in communities cursed by the oil beneath their lands.

If Shell settles, they’ll try to spin it as if they were victims of a spurious extortion campaign by a bunch of trial lawyers using poor Nigerians as pawns (just watch). But if Shell – with its vastly superior resources – decides to settle, it will be because they realized that the evidence against them was overwhelming, and they made a deal that would allow them to pretend they’re innocent, and, well, play the victim.

Shell is victim only to hubris and to the self-destructive belief that it will forever get away with making human rights abuses and environmental devastation part of its business as usual.

Like many others, I am eager to see a trial. As determined as I am to support the plaintiffs who have known so much suffering and struggle, it would be hard to conceal my disappointment at news of a settlement. So I’m going to focus on the much more exciting possibility… that the trial has been delayed in order to broaden the case.

Okay, I’m not a lawyer so I don’t know if ‘broaden the case’ really describes what I mean. But today, the Second Circuit Court of Appeals added a very interesting wrinkle to the case that could explain the delay.

From a press release from the Center for Constitutional Rights, co-counsel on the lawsuit against Shell:

Today, the Second Circuit Court of Appeals overturned the District Court decision dismissing the Wiwa v. Shell plaintiffs’ claims against Shell Petroleum Development Company of Nigeria, Ltd. (Shell Nigeria). The District Court had dismissed the case against Shell Nigeria on March 4, 2008, finding it did not have jurisdiction over the company because the plaintiffs had failed to establish that Shell Nigeria was doing sufficient business in the United States to justify trying them in U.S. courts. The effect of the appellate court decision is to permit the plaintiffs to seek further information to establish Shell Nigeria’s connections to the United States.

When the plaintiffs filed the lawsuit against Shell, they charged Royal Dutch Shell, Shell Petroleum Development Company of Nigeria (Shell Nigeria), and Brian Anderson, head of Shell Nigeria when the abuses at issue took place. The District Court dismissed the charges against Shell Nigeria (allowing the other cases against Royal Dutch Shell and Mr. Anderson to go forward). Under the Alien Tort Statute, a company has to have a certain level of interest in the United States to come under the federal court’s jurisdiction. The District Court said that Shell Nigeria didn’t. But the plaintiffs argued on appeal that they should be granted the opportunity to do more discovery to determine whether or not this is actually the case. And according to the decision by the Circuit Court today, the plaintiffs prevailed.

Now the issue is kicked back to the District Court. And here’s where it gets really interesting.

It’s possible that Chief Judge Kimba Wood – aware that a decision was coming from the Circuit Court on this key issue – delayed the trial in order to make time to consider whether Shell Nigeria should be a defendant.

Of course, all the parties remain tight-lipped, so I really have no way of knowing. And I speculate partly for my own sanity.

So we all wait on pins and needles to hear what’s next - whether news of a settlement or the opening of this landmark trial or the confirmation of a formal delay to consider whether Shell Nigeria will join its parent company in the dock. Any which way it turns out, the Ogoni people have already put Shell on trial and found them guilty. And they’ve been witness to Shell’s crimes in ways that I hope and pray no-one else will again.

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Last week, the historic trial against Shell oil filed by the family of Ken Saro-Wiwa and others was delayed by one more week. According to the article by the AFP, the Judge Kimba Wood gave no explanation for the delay:

NEW YORK (AFP) — A pre-trial conference scheduled in the potentially landmark lawsuit brought by Nigerian plaintiffs against oil giant Royal Dutch Shell has been delayed until Wednesday, court papers show. Read Full Article

Ogoni Activist Suanu Bere speaks at San Francisco Shell protest. credit: Jan Sturmann

However, protests and rallies that began on May 19 for Shell’s shareholder meeting in the Hague and in London continued last week to call on Shell to end gas flaring in the Niger Delta - a demand that Wiwa and the Ogoni’s were asking for over 15 years ago and people of the Delta are still asking today.

JINN led the Bay Area protest with a large banner that read:  “Shell:  Stop Gas Flaring in Nigeria” and signs that read:  “Remember Ken Saro-Wiwa  and Shell:  Stop  Toxic Flares in Nigeria”

San Francisco activists hold Shell protest on May 19 - the day of Shell's shareholder meeting. credit: Jan Sturmann

Bere Suanu, an Ogoni from Nigeria spoke about how the Nigerian military tortured him at a time when Shell was paying the Nigerian military to quell protests in Ogoniland.

Then, on May 26 - the day the trail was set to begin - activists in South Africa led by groundWork held a solidarity rally to bring attention to the trial in New York and Shell’s dirty operations in Durban, South Africa

Activists protesting in South Africa - Shell's Hell

According to the Shell Guilty campaign other protests took place around the globe including:

In Nigeria, a rally, a candlelit vigil at the graveside of Ken Saro-Wiwa, and a mock trial were held at Bane, in Saro-Wiwa’s community. The events ran into controversy after Rivers State Police arrested a number of women activists in an attempt to prevent them from attending demonstrations. Protestors demanded their release, and eventually forced the police to release the detainees and respect their right to protest.

A noon rally took place in New York at Foley Square in Manhattan, near the federal courthouse where the trial had been scheduled to open today. A hundred supporters came out ahead of the trial, unfurling a banner that read, ‘JUSTICE FOR THE OGONI’. Inspiring speakers stressed that Shell cannot escape justice for their role in human rights abuses in the 1990s, and put pressure on Shell to end the ongoing environmental and social devastation in Nigeria’s Niger Delta region. A group of Ogoni activists closed the event by singing the Ogoni solidarity anthem.  Go to ShellGuilty.com for more information.

The trial is expected to commence no earlier than June 2nd.

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