One Year of Deafening Silence

Special Report of the One-year Anniversary of the UNEP Report on Ogoniland.

On the occasion of the 1-year anniversary of the UNEP report on Ogoniland, ERA/FoEN held a one-day stakeholders conference on government’s inaction. We bring you highlights.

Urgent Action Needed to Cleanup and Restore the Niger Delta

By Richard Steiner

To the many good people gathered today for the Abuja Conference on the 1-year anniversary of the release of the UNEP Ogoniland Environmental Assessment, I offer my warm thanks to all the organizers and to all of you who have come to discuss this important issue. I had very much hoped to join you all for the conference today, but I am presently conducting damage assessments of oil spills in Ogoniland, and unfortunately will be unable to make it to Abuja today. But I did want to offer a couple of quick thoughts to you all.

I have worked with on the issue of environmental and social damage caused by oil around the world for the past several decades. And along with several colleagues, I have worked on these issues in the Niger Delta for many years as well. On the 50th anniversary of oil production in the Niger Delta (2006) our group – including members of the IUCN Commission on Environmental, Economic, and Social Policy (CEESP), the Nigerian Conservation Foundation, and the Nigeria Ministry of the Environment – we conducted the first broad environmental damage assessment of oil injury in the Niger Delta in 2006. I then recommended to the U.N. Secretary General that the U.N. intervene in the ongoing Niger Delta disaster (see attached correspondence). Subsequently in 2006, our group of scientists proposed to UNEP (and others) that we join together to conduct a more detailed damage assessment and develop a restoration plan across the Delta.

Upon release of the UNEP Ogoniland report 1-year ago today, I was asked by several international colleagues to review and comment on the report. My August 6, 2011 critique is attached here for your information.

In the opening of my critique, I wrote:

“The UNEP Ogoniland Environmental Assessment released two days ago (August 4, 2011) represents a valuable and detailed contribution to the ongoing understanding of the severity of environmental damage caused by oil development in the Niger Delta. The UNEP study essentially confirms, in a quantitative manner, what previous studies have already stated – that there is extensive and severe environmental and human health damage from oil operations in the Niger Delta, and that the companies, principally Shell, have not met international best practice standards in their Nigeria operations (CEESP 2006; Steiner 2008/2010, Amnesty International 2009). The UNEP study does report some important new findings (e.g. high hydrocarbon levels and acidity of rainwater, serious health impacts), but for the most part the study simply provides quantitative confirmation of earlier studies and understanding of the issue.”

My Critique was also sent directly to UNEP at the time. Regardless of my criticisms of the process, the UNEP report does provide another element for the basis with which the government of Nigeria and the oil companies operating in Nigeria to act on this long-term disaster.

It is truly unfortunate and disappointing that, a year after the UNEP report was issued, and 6 years after our original Niger Delta damage assessment and restoration report was issued, very little action has been taken by the federal government of Nigeria, the state governments, and the oil industry. And this is a true tragedy. The Niger Delta is tragically the most severely petroleum-impacted ecosystem I have seen anywhere in the world (and I have seen many). The extraordinary environmental and social damage has continued for over 50 years now, and continues to this day. As has been said by many, Nigeria is an iconic example of the “oil curse.“ The human health impacts detailed in the UNEP report underscore the fact that health of the people of the Niger Delta continues to suffer. In fact, I feel the World Health Organization should declare a health crisis in the Niger Delta, and set about to do what it can to resolve the crisis.

It is abundantly clear what the many sources of oil damage are in the Delta, what their effects are, how to mitigate the damage. Most importantly, we need the following broad 4 point plan implemented immediately:

•Stop future oil spills across the region, by insisting that the industry improve the condition of its oil infrastructure to best and safest available technology standards (as is required in Nigerian law). Importantly, this includes prevention of operational spills and bunkering spills. If a company cannot design, construct, and operate its oil infrastructure safely in the area, if should not continue to operate. As I wrote in my 2008 report (Double Standards), the companies are responsible, legally and ethically, for spills caused by all sources, bunkering and operational. There is nowhere else in the world where oil companies would be permitted to continue operating if they could not secure and safely operate their pipelines.

•Clean up, to the maximum extent possible, what has already been spilled (as is required in Nigerian law).

•Restore, to the maximum extent possible, the ecosystems and social/cultural systems injured by the oil industry, in particular oil spills (as is required in Nigerian law).

•Compensate the people of the Niger Delta in a fair and just manner, for the extraordinary injury caused by continuous neglect by the oil industry and government (as is required in Nigerian law) – at least $10 billion USD initially.

This was clear years ago (e.g. pointed out in our 2006 report), and was made even more clearly by the UNEP report issued last year. Yet the government and oil industry continue to look the other way, reaping huge profits at the expense of the Delta people and environment.

Thus, I am very hopeful that your conference today will help motivate the Federal Government of Nigeria to do its job – which is to protect and advance the interests of its people and environment. With respect, it has so far failed this task. The time for more excuses and more studies to end, and its time for urgent action for the Delta.

Finally, if the Federal Government of Nigeria remains unable or unwilling to resolve these issues immediately, I respectfully reiterate my 2006 request to the U.N. that it intervene (with the concurrence of the Nigerian government), and appoint a Niger Delta Reconciliation and Restoration Commission with autonomy and authority to do so. The oil companies should be required to contribute an initial amount of $10 billion (USD) to address the issues, with the opportunity to collect a greater amount as determined in future damages at its discretion.

Again, I wish I could join you all today, but rest assured I join with all of you in solidarity with the people and environment of the Niger Delta.

Steiner is Professor and Conservation Biologist, Oasis Earth, Anchorage Alaska (richard.g.steiner@gmail.com).

HIGHLIGHTS OF THE UNEP REPORT

By Mike Karikpo

Programme Manager, Energy and Climate Change, ERA/FoEN

General observation

The United Nations Environment Program (UNEP) Environmental Assessment of Ogoniland was an intensive and independent 2 year study on the nature and extent of oil pollution in Ogoniland. This report was the first systematic, scientific and publicly available information on the widespread pollution that has blighted Ogoniland and the Niger Delta

The study carried out detailed analysis of contaminated land, groundwater, surface water, sediments, vegetation, air pollution, public health, industry practices and regulatory and institutional issues. After their initial analysis, UNEP selected 69 sites for detailed soil, groundwater and surface water tests. Over 400 samples were collected and analysed. Nearly 5000 medical records were analysed.

A pragmatic review of the national legislations, institutions (DPR, NOSDRA, EGASPIN, etc) and oil industry practices and remediation technologies were undertaken.

FINDINGS

Oil contamination in Ogoniland is wide spread and severe. Coupled with the rainfall pattern in the Niger Delta, most of the oil pollution is immediately washed into farmlands, streams, rivers and the creeks.

Specifically the report found that:

Soil and Groundwater

There is no continuous clay layer across Ogoniland and this has exposed groundwater to significant hydrocarbon impact. At 49 sites, the report found oil pollution in soils at depths of at least 5 meters putting a massive question mark on the usual remediation methodology favoured by the oil companies.

At 41 sites hydro carbon pollution had already reached groundwater.

VEGETATION

Oil pollution has put a lot of stress on the mangroves and had decimated the once rich mangrove swamps which are known as prolific breeding grounds for fish spawning across the Gulf of Guinea.

AQUATIC

There has been a rapid depletion of fish stocks around the impacted areas forcing local fishermen to travel to the Atlantic Ocean if they hope to get the often barely sufficient catch they now contend with. Even fish farms established by entrepreneurs have been ruined by the ever present hydrocarbon pollution. Some anecdotal evidence shows that whilst many fish species move away from oil polluted rivers Tilapia congregate around oil pollution sites

PUBLIC HEALTH

The study found that at Nsisioken Ogale in Eleme local government area local community people were drinking water contaminated with benzene a known carcinogen at levels 900 times above the World Health Organization guidelines.

Hydrocarbon pollution was found in water taken from 28 wells in 10 communities. At 7 of those wells pollution in the water was at least 1000 times higher than the Nigerian drinking water standards.

Benzene was also detected in all air samples tested and 10% of the air samples contained higher concentration than the W.H.O guideline.

RECOMMENDATIONS

The report recommended two approaches to dealing with the widespread hydrocarbon environmental pollution.

EMERGENCY MEASURES

Government was requested to immediately provide safe and adequate sources of drinking water to all communities impacted.

Ensure that all drinking water wells where hydrocarbon pollution was detected are marked.

Create a medical registry to record and assess the health status of people in Nsisioken and create a process to continue follow up.

Inform families whose rainwater tested positive for hydrocarbon and advise them to stop consuming rain water.

Post signs around all sites identified as contaminated and advise people not to walk through them or farm around them.

TECHNICAL/LONG TERM RECOMMENDATIONS

Establish an integrated contaminated soil management-a modern industrial enterprise as the main soil and water treatment and remediation concern.

Establish an Ogoniland Environmental Restoration Authority to oversee the implementation of the recommendations with a fixed initial lifespan of ten years.

Establish the environmental restoration fund for Ogoniland. This should be set up with an initial capital injection of USD 1 billion.

Establish a center of excellence in environmental restoration in Ogoniland to promote learning and research. This centre would also offer a range of services, e.g. training courses on environmental monitoring and restoration.

BEFORE I AM HANGED

by Ken Saro-Wiwa

My Lord, we all stand before history, I am a man of peace, of ideas. Appalled by the denigrating poverty of my people who live on a richly – endowed land, distressed by their political marginalization and economic strangulation, angered by the devastation of their land, their ultimate heritage, anxious to preserve their right to life and to a decent living, and determined to usher to this country as a whole a fair and just democratic system which protects everyone and every ethnic group and gives us all a valid claim to human civilization, I have devoted all my intellectual and materials resources, my very life to a cause in which I have total belief and from which I cannot be black-mailed or intimidated. I have no doubt at all about the ultimate success of my cause, no matter the trials and tribulations which I and those who believe with me may encounter on our journey. Neither imprisonment nor death can stop our ultimate victory!

I repeat that we all stand before history. I and my colleagues are not the only ones on trial. Shell is here on trial and it is as well that it is represented by its counsel said to be holding a watching brief.

The company has indeed ducked this particular trial. But its day will surely come and the lessons learnt here may prove useful to it, for there is no doubt in my mind that the ecological war the company has waged in the Delta will be called to question sooner than later and the crimes of that war will be duly punished. The crimes of the company’s dirty war against the Ogoni people will also be punished.

On trial also is the Nigerian nation, its present rulers and all those who assist them. Any nation which can do to the weak and disadvantage what the Nigerian nation has done to the Ogoni loses it claim to independence and to freedom from outside influence. I am not one of those who shy away from protesting injustice and oppression, arguing that they are expected of a military regime. The military do not act alone. They are supported by a gaggle of politicians, lawyers, judges, academics and businessmen, all of them hiding under the claim that they are only doing their duty; men and women too afraid to wash their pants of their urine. We all stand on trial my Lord, for our actions we have denigrated our country and jeopardized the future of our children.

As we subscribe to the subnormal and accept double standards, as we lie and cheat openly, as we protest injustice and oppression, we empty our classrooms degrade our hospitals, fill our stomachs with hunger and elect to make ourselves the slaves of those who subscribe to higher standards. Pursue the truth and honour justice, freedom and hard-work. I predict that the scene here will be played and replayed by generations yet unborn. Some have already cast themselves in the role of villains, some are tragic victims, some still have a chance to redeem themselves. The choice is for each individual.

In my innocence of the false charge I face here, in my utter conviction, I call upon the Ogoni people, the people of Niger Delta and the oppressed ethnic minorities of Nigeria to stand up now and fight fearlessly and peacefully for their rights. History is on their side. God is on their side.

This transcript was read by Aluzim Emmanuel, Publicity Secretary, Movement for the Survival of Ogoni People (MOSOP) on the occasion of the one-year anniversary of the UNEP report on Ogoniland.

Before you go, let us know what you think