ts n u o cc 2 A & 1 t 0 Year of the or 2 ep R al nu GreatGreat n A FloodFlood

ENVIRONMENTAL RIGHTS ACTION/ FRIENDS OF THE EARTH, NIGERIA

Protecting the Environment, Democratising Development annual report year of the great flood & accounts 2012

advisory board Nnimmo Bassey Oronto Douglas Godwin Uyi Ojo Nicholas Ashton-Jones Uche Onyeagucha Ike Okonta Folake Okediran Marie Bystrom M.T Fubara-Okorodudu Akinbode Oluwafemi

02 annual report year of the great flood & accounts 2012

contents

Advisory Board Who We Are Acknowledgment From the Executive Director The Year of the Great Flood Building National Movement for Corporate Accountability Pollution, Spills, Blow outs and More spills The UNEP Report: One Year After Unending Wait for an Effective PIB Seeking Justice in Polluter’s Homelands Gender Light Shines Brighter Training More Environmental Watchdogs Rally For Food Security and Economic Justice Grassroots on Alert for Forest Protection Financial Report

02 annual report year of the great flood & accounts 2012 who we are

Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) is a Nigerian non-governmental organisation founded on January 11, 1993 to deal with environmental human rights issues in Nigeria. ERA/FoEN is the Nigerian chapter of Friends of the Earth International (FoEI), the world environmental justice federation campaigning to protect the environment and to create sustainable societies. ERA/FoEN is the co-coordinating NGO in Africa for Oilwatch International, the global South network of groups concerned about the effects of oil on the environment of the people who live in oil-bearing regions.

ERA/FoEN is a member of the Network for Accountability of Tobacco Transnationals (NATT), and the Framework Convention Alliance (FCA). It is also the co-coordinating organisation for the Nigeria Tobacco Control Alliance (NTCA) and host of the Africa Tobacco Control Regional Initiative (ATCRI).

In recognition of its commitment to struggles for environmental human rights, ERA/FoEN was named premier winner of the Sophie Prize, the international award in environment and development (1998), the Bloomberg Award for Global Tobacco Control (2009) and recipient of the Ford Foundation Jubilee Transparency Awards (2011).

02 annual report year of the great flood & accounts 2012 acknowledgement

We sincerely thank our partners for their support:

OxfamNovib Netherlands Hivos Biodiversity Fund Friends of the Earth International Tobacco-Free Kids Action Fund America Cancer Society Global Green Grants Fund National Endowment for Democracy (NED) Cordaid Gaia Foundation Pact Nigeria New World Foundation (NWF) Third World Network (TWN) World Rainforest Movement (WRM) Oxfam Novib Kairos Miliudefesie, Friends of the Earth Netherlands Friends of the Earth Norway

We also recognise those who may not have been mentioned but have contributed in various ways to the success of our campaigns

02 annual report year of the great flood & accounts 2012 from the executive director

Twenty Years of Fighting Environmental Crimes

Environmental Rights Action (ERA) began life around 1990. The environment out of which it was born gave the organisation the unique platform and character that forcefully pushed the fact that environmental rights are even more holistic than human rights because humans are merely a part of the environment and even though their rights are considered predominant T h a t t h e p r o m o t i o n o f this does not mean that theirs are environmentally responsible necessarily superior to other beings governmental, commercial, or to nature herself. community and individual

practices is best attained through For twenty years, ERA has been the empowerment of local powered by key principles among people. which are the following: That local people have the right and knowledge to control local That every African has a right to a resources s a f e a n d s a t i s f a c t o r y Pro-environment policy changes environment favourable to are best worked for though non- his/her development as captured violent resistance. in Article 24 of the African Charter of Peoples and Human Rights. We stayed on course over the years That human rights are also well and especially during the difficult defended when ecosystems are days when Nigeria was under respected. military dictatorship because we had 02 annual report year of the great flood & accounts 2012

dedicated ERA people and because against individual criminals and w e h a d a n u n a m b i g u o u s those who hide behind corporate philosophical compass that ensured shields. Ecocide would be an we did not drift. Today I look back appropriate umbrella law to with satisfaction that ERA people, confront the massive lawlessness whether in or outside ERA, have that run rampant across Nigeria and stayed the course. many nations of the world today.

Over these years, we have suffered I look back across twenty short years persecution, faced afflictions and of momentous changes. I am happy enjoyed triumphs. Our triumph has that the four persons (Oronto b e e n t h a t o u r w o r k w i t h Douglas, Nick Ashton Jones, Godwin c o m m u n i t i e s i m p a c t e d b y Ojo and I) who brought this group to deforestation, land grabs, oil spills, be are still engaged in the defence of gas flares and pollutions of all types Mother Earth in one way or the way. I has succeeded because the people remember our days of challenging have resolutely stood against the harmful big dams in Northern pushers of these harmful practices. Nigeria, massive logging in forests in many of our Southern States. I We have stayed the course because remember our struggles against oil w e v i e w e v e r y s c e n e o f spills and gas flares. I remember our environmental harm inflicted by the b a t t l e s a g a i n s t w h o l e s a l e agency of man as a crime scene. destruction of communities by Although we sometimes resort to government to pave the way for civil actions as a measure of corporate claws to sink deeper into resistance we note that these are not sufficient to stem environmental our lands. crimes. To stop those who reap profits from environmental damage We have fought steadily against the laws governing those activities wasting of our environment and ought to be urgently upgraded to livelihoods by the petroleum sector. make it possible for criminal charges The world's addiction to carbon- with long jail terms to be pressed high life has elevated dirty oil 02 annual report year of the great flood & accounts 2012

companies to the level of the gods. Shutting down oil production in Easy oil has now given way to tough order to tackle the gas flaring oil. The scraping of the bottom of the problem makes economic sense if barrel has thrown up dangerous we consider the implications of catastrophic global warming. And of extractive methods and spewing course the government must halt oil ever more greenhouse gases into t h e f t , h a l t t h e r e g i m e o f the atmosphere and sentencing the unaccounted for oil through lack of world to climate catastrophe. And metering. Do I need to add that while global leaders would not delays in cleaning up Ogoni land and commit to provide funds for other polluted parts of Nigeria is an adaptation and resilience building, unacceptable disregard for the right multiples of what is needed is being to life and to a safe environment of expended on wars fought for profit the peoples. at the expense of disposable lives sometimes in the name of exporting Today, while celebrating our 20 years democracy. In the era of peak oil it of marching on for environmental appears we have passed over peak rights, I remember individuals and democracy without attaining communities who have greatly democracy in the first place. inspired me as a person. Ken Saro- Wiwa, executed by the State on false charges on 10 November 1995. I Today I call upon all of us to tell the r e m e m b e r t h e p e o p l e s o f emperor that he is naked, to tell the Umeuchem, Bakalori, Odi, Odioma, promoters of neoliberalism that they Ilaje, Gbaramatu and others. I salute are running (at one spot) on empty the mentoring I continue to receive tanks! Let us shout it out loud: it is from our foremost community time to leave the oil in the soil; from activist, Comrade Che Ibegwura Yasuni to Ogoni, to Kaiso in the Rift who, at over 80 years, keeps Valley to Lofoten in Norway. And if t r u d g i n g o n t h e p a t h o f Nigeria is serious about fighting environmental justice. I salute Sister global warming gas flaring must be Majella Macarron, a Catholic nun stopped immediately. from Ireland whose gift of books in 02 annual report year of the great flood & accounts 2012

those early days helped to frame our Twenty years have passed. Twenty work. more will come. And much more still. The road is long and the runners will I salute my colleagues in ERA. I salute be many. The baton must be passed my wife and family for unstinting on. And so, while remaining in the support over the years. I salute all trench with the foot soldiers, it gives our comrades across Africa and me great pleasure to hand that across the continents of the world. baton to Godwin Ojo whom you all As we look back, we also look know. forward.

02 annual report year of the great flood & accounts 2012 the year of the great flood

The year 2012 will no doubt go down Emergency Management Agency in the annals of Nigeria as the year of (NEMA) about 363 lives were lost. watery nightmares. It was the year Internally Displaced Person (IDPs) the nation received a major dose of was in the hundreds of thousands. the climate change phenomenon in the form of unusually heavy rains At the last count, the affected states which swelled the Lagdo dam in were Kogi, Benue, Adamawa, Cameroon, as well as the Shiroro and Plateau, Yobe, Taraba, Niger and Kainji dams in Nigeria. Jigawa. Others were: Imo, Ebonyi, and Anambra. The Niger Delta states The heavy rains especially in the were not left out as Edo, Delta, second and third quarters of the year Bayelsa, Cross River and Rivers also necessitated the release of excess received major doses of the floods. waters from the two dams that s u b s e q u e n t l y i n u n d a t e d Government response to the communities downstream of the incident was not timely and banks of Rivers Niger and Benue. coordinated as NEMA and the State Emergency Management Agencies When the waters came, farmlands (SEMA) worked at cross purposes. were submerged, property running Even when the intervention came, it into unquantifiable sums was was short of the expectation of destroyed and according to figures families already displaced and are in released by the National dire need of relief materials. 02 annual report year of the great flood & accounts 2012

But as menacing as the floods were, The deplorable hygiene situation in so also was ERA/FoEN resolve to visit the camps visited in Kogi were noted the affected communities for on- and we raised the alarm about the the-spot-assessment. Our field likelihood of toilet infections and other illnesses arising from monitors visited Bayelsa, Benue, situations where a large number of Cross River, Edo, Delta, Kogi, and families, including physically- Rivers states and documented the challenged people share only one or plight of IDPs at the relief camps. two toilets.

In Kogi, which could pass as the most In Benue state, ERA/FoEN monitors affected state, farmers whose documented over 2000 houses farmlands were inundated were inundated and 1,579 families interrogated. Over 150 communities quartered in three IDPs across the were affected. We observed that state capital in Makurdi. Other Ibaji with a population of 128,129 affected families took refuge with (2006 census) was totally friends and relatives in the Makurdi u n a c c e s s i b l e a s t h e e n t i re metropolis. community was inundated. Most of the displaced persons from Ibaji Edo State recorded similar devastation with communities became destitute in nearby Idah affected including Udaba, Ofukpo, which was also on the verge of Agbabu, Osomengbe, Anegbete, inundation as at the time our Udochi, Ukpeko-Olre, Ifeku Island in monitors visited as most of the Etsako Central; others were farmlands and residential areas close communities in Etsako East and Esan to the River Niger witnessed high East. Over 30,000 community people water levels. Others relocated to were evicted by the floods and Lokoja and environs. hundreds of houses submerged.

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The last state to receive the floods Immediate provision and release was Bayelsa which had been in the of relief materials to displaced news due to constant oil spills. persons in the camps in Kalaba, a community still reeling Adankolo, from a spill from an Agip facility Opening up of more centers to suffered massive flood which cater for/assimilate displaced dissipated the crude oil to communities neighboring towns. At the end of the Commencement of a public floods the rupture points were still health campaign in the affected found spewing raw crude oil. states A halt in the construction of new In all the states visited , we observed big dams. The practice globally is that the response of the state small dams because the impact of government and federal relief co- a breach is more easily managed. ordinated by NEMA were largely In addition we demanded the without coordination and in some construction of such small dams places, at cross purpose. The in the downstream of the River Nigerian Police was nowhere to be Niger as buffer whenever water is found for the restoration of order in released as recommended by the s o m e c o m m u n i t i e s . O u r builders of the Lagdo Dam. Till intervention was not limited to mere date, the Nigerian government is documentation. With support from yet to comply with this the Global Greengrants Fund (GGF) recommendation. we procured and distributed aid Deployment of the Ecological materials to displaced folks. The aid Funds to the immediate needs of included bags of rice, food Kogi State flood victims and other ingredients like salt, cooking oils, initiatives to check a recurrence of mattresses, sachet water, and fuel the flooding of the River Niger wood among others. banks Conference of International After the visits ERA/FoEN made the agencies to strategies on following recommendations: emergency response to natural Declaration of a state of disaster disasters A national summit on revision of in the affected states 02 early warning systems and flood vulnerability. annual report year of the great flood & accounts 2012 building national movement for corporate accountability

In continuation of its yearly tradition D i s c u s s i o n s f o c u s e d o n of bringing critical stakeholders in presentations like Corporate the environment sector under one C a p t u r e I m p l i c a t i o n s a n d roof to brainstorm on challenges Responses, Big Corporate Profits: and fashion solutions, ERA/FoEN Counting the Real Cost by Laura organised the fifth annual National Livoti of the Justice for Niger Delta Environmental Consultation in Campaign in USA. A shor t November. documentary on Chevron's refinery explosion in the US was screened for The consultation with the theme participants who likened the “Corporate Accountability and the Chevron's oil explosion in the US to E n v i r o n m e n t ” a t t r a c t e d one of the numerous cases of environmentalists, academics, environmental pollution in the Niger lawmakers, government officials and Delta. community activists, among others, who brought the activities of Discussions in the panels included multinational companies under National and International Codes for scrutiny, especially on the issue of P r o m o t i n g E n v i r o n m e n t a l c o r p o r a t e p h i l a n t h r o p y i n Accountability and Programmes communities where they operate. Director, 02 annual report year of the great flood & accounts 2012

Godwin Uyi Ojo's, presentation titled accused corporations of the crime of Legislative Agenda for CSR: Binding ecocide, hinging his argument on Mechanisms versus Voluntary t h e f a c t s t h a t s h o w t h a t Re g i m e s . T h e p re s e n t a t i o n multinationals do not adhere to the described Corporate Social voluntary principles that they Responsibility as a controversial voluntarily endorse, even as he subject lacking an unbiased framing. added that corporations enjoy rights Other discussions are The Place of as persons but totally avoid the kind International Instruments in of accountability that would Environmental Governance- demand commensurate sanctions when they go wrong. He also Protection: unveiled plans for ERA/FoEN is Publish What Crude You Pump The case of Rio Declaration, African Campaign which demands that oil Charter by Barrister Nuriudeen companies publish the exact Ogbara, The Place of National amounts of crude oil and gas they Instruments and Agenda for pump from every oil well. This is on C o m m u n i t y E n g a g e m e n t i n the backdrop that between 400,000 Environmental Governance by Hon. one million barrels of crude oil are Uche Onyeagucha, The Petroleum lost daily in Nigeria to oil theft. Industry Bill as Tool for Corporate Accountability by Prof. M. T. Fubara- The keynote address was given by Okorodudu represented by Dr. Dayo Professor Festus Iyayi, an activist, Omokaye and Chima Williams, ERA's author and professor of Business Head of Legal Resources discussion Administration with the University of titled Whose PIB?, among others. Benin (UNIBEN) whose presentation titled: “Corporate Rule versus In his welcome address ERA/FoEN Livelihoods and Environmental Executive Director, Nnimmo Bassey Governance Protection: The case of said the topic of the Consultation Nigeria”, dwelt on how corporations was chosen because of the impact do business, make money from the corporations' activities have on the environment, but disregard the environment. Bassey same environment. 02 annual report year of the great flood & accounts 2012

According to Iyayi, corporations Ayabukuro Warder from Ikarama operate a 'Mind Set Game', which is community in Bayelsa state for their built on the theory that he who has s u c c e s s f u l m o n i t o r i n g a n d control over your mind has control mobilization work. The award came over your life. He also posited that with a cash sum of N100,000 (one Nigeria has a weak governance hundred thousand naira). structure for managing the At the robust Consultation, environment and environmental participants made the following key resources which in turn allows both observations: global and local extractive The practice and principle of companies to pursue corporate corporate social responsibility is a greed with little or no restrictions. misnomer and an escape route These lead to environmental harm, for corporations. Instead of ineffective /irresponsible corporate talking about corporate social social responsibility response, responsibility, corporations unpaid ecological debts, external should be held accountable and debts as well as fractured liable for their actions and/or community social structures. inactions. Corporations have perfected the He advised participants not to beg capture of economic and for corporate social responsibility governance spaces in Nigeria to but to pay specific attention to the the detriment of Nigeria citizens methods and strategies by which The Petroleum Industry Bill in its corporate rule continues to exercise present form does not represent domination over the various forms the interest of Nigerians of material existence and the minds but designed to serve the whims of people in society generally and in of corporations and their allies Nigeria in particular. The high point within the ruling elite and in of the event was the conferring of government. the annual Che Ibegwura Award for The Freedom of Information Act Community Mobilization on a provides an opportunity for couple, Chief Raphael and Mrs. Nigerians and communities in 02 annual report year of the great flood & accounts 2012

particular to engage and hold corporations while urging governments and corporations citizens to be vigilant, organize accountable to them. a n d m o b i l i z e t o p u s h Although gas flaring has been corporations out of the captured illegal since 1984 and in spite of a spaces. subsisting court judgment Call on citizens movements to delivered in 2005 reaffirming this e x e r c i s e t h e i r r i g h t s t o illegality, corporations still governments that govern in their engage in gas flaring with own interest and not in the impunity and connivance of the interest of corporations. government of Nigeria. Reject the current version of the Although there exists an Petroleum Industry Bill and urges e m e r g i n g e n v i r o n m e n t a l the National Assembly not only to movement in Nigeria, it is not yet r eceive inputs from Nigerians but adequately mobilized, politically to also ensure that such inputs are structured and coordinated reflected in the final bill such that e n o u g h t o e n s u r e t h a t Nigerians can claim ownership of environmental issues are the law when eventually passed. constantly on the political agenda Urge Nigerians to take advantage of governance. of the Freedom of Information A c t t o s e e k a n d o b t a i n They also resolved to : accountability from both Reject the practice of Corporate corporations and governments. Social Responsibility in its entirety Call for immediate stoppage of and calls on government at all gas flaring while calling on the levels to enforce corporate Federal Government of Nigeria to a c c o u n t a b i l i t y a n d m a ke stop, forthwith, all discussion that corporations liable for their tend to extend continuing gas actions and inactions. flaring even for a day. The Call on governments at all levels consultation further calls on to be alive to its responsibilities government to begin the process a n d d e s i s t f r o m c e d i n g of reclaiming for all impacted sovereignty of the people to the 02 annual report year of the great flood & accounts 2012

communities damages in arrears for gas flaring, and Call on groups working for environmental justice in Nigeria to take immediate and urgent steps to collaborate and coordinate all efforts towards the emergence of a strong socio- the existence of such a movement p o l i t i c a l e n v i r o n m e n t a l that can guarantee corporate movement; realizing that it is only accountability in Nigeria

02 annual report year of the great flood & accounts 2012 pollution, spills , blow outs and more spills

Like previous years, in 2012 Bayelsa This incident occurred at a time the topped the list of states impacted by nation was experiencing nationwide oil industry activities. Petroleum protest against the removal of pipes continued to leak with little or subsidy on fuel. In spite of the no attention while a more insidious difficulties occasioned by the dimension was added as pollution protests and risks associated with from off-shore facilities went on the going into the ocean to capture increase. images of explosion which was at the time still raging, ERA/FoEN was able The year 2011 had ended with to visit the site on the 18th of E R A / F o E N f i e l d m o n i t o r s January, 2012 and reported the investigating the spread of Shell's incident with testimonies from Bonga spill on the Atlantic coastline Koluama community folks who who communities. It was however a rude are mainly fisherfolks. Samples of awakening on 16th January, 2012 the drilling chemical and carbon when another operational failure substance that covered a vast incident occurred at Chevron's expanse of the surface of the Atlantic North Apoi gas well drilling site. The Ocean and still spreading were also K.S. Endeavour Drilling Rig operated collected. and managed by the company exploded again and again few Several dead fish and some in the nautical miles from Koluama throes of death were observed and community in Southern Ijaw local captured on short video clips and government area of Bayelsa State. still photos. After that very first visit 02 annual report year of the great flood & accounts 2012

and related report, ERA/FoEN was Again, ERA/FoEN led other r e a c h e d b y i n t e r e s t e d environmental NGOs to the site. The environmental groups, journalists Senate Committee on Environment and law firms for assistance in either and Ecology that also visited the site leading them to the site of in October, six months after the incident/impacted communities or eruptions, depended on facts for field materials like photos, gathered by ERA/FoEN to proceed videos and field report. In this with their work. Besides the two connection, ERA/FoEN also played major operational failure incidents, crucial roles in connecting other civil throughout the year there were spills society groups and the media to occurring at regular intervals, mostly communities that suffered impacts. unreported in the media but were Some of the communities visited unearthed by community folks and were Koluama 1, Koluama 2, Ezetu, reported to ERA/FoEN. Ekeni, Ikebiri; all in Southern Ijaw local government area of Bayelsa For instance, in Kalaba community in State. Rueters and the British Okordia clan of Yenagoa local Broadcasting Corporation (BBC) government alone, there were more were part of an entourage to than 10 oil spill incidents from the d o c u m e n t i m p a c t s i n t h e Agip pipelines that traverse the communities. community environment. Akiplai, the maternal community of Nigeria's As it was on the sea, so it was on land. president, Dr. Goodluck Jonathan in In April another major operational Ogbia local government area of failure incident occurred at Total/Elf Bayelsa State also experienced its operational base in Egi land, in first oil spill in the month of O g b a / E g b e m a / N d o n i l o c a l September of the year under review. government area of Rivers State This again, was due to operational where. In this multiple gas eruption, failure from Agip's facility. The spill four communities - Egita, Obiyebe, was a second party spill, as Agip's Ogbogu and Obite -were displaced. contractor, Flees Global was trying to The community folks lost farmlands link pipeline from a new oil well in a 02 and waters were polluted. neighbouring community annual report year of the great flood & accounts 2012

[Aggrisaba] to the oil manifold at Like previous years, our efforts in Akiplai and Obama flow station. The monitoring the environment, manifold is a connecting point from reporting and embarking on different oil wells directed either to a advocacy around observations from flow station or from a flow station to the field remained consistent. another destination of interest. Due Reports were made public and the to ERA/FoEN sustained pressure sustained advocacy assisted in no including getting the media to small way in ensuring President report the incident, Agip took steps Jonathan's visit to Koluama and to effect clean-ups in the several spill environs after over a month of the sites in Kalaba community. The Chevron gas explosion ravaging the clean-up jobs cannot however be environment. The President caved in said to be thorough. to pressure from civil society groups a n d v i s i t e d t h e a f f e c t e d Apart from the spills mentioned communities on 27th February, above, ERA/FoEN was very much 2012, with Chevron's Managing c o n c e r n e d a b o u t a n e w Director, the Minister of Petroleum, development that is set to Diezani Alison-Madueke and other compound the environmental woes top officials of the Nigerian National in the Niger Delta. ERA/FoEN got on Petroleum Corporation [NNPC]. the trail of the bush refineries which turned out to be a menace to the ERA/FoEN played a role in the relief environment, health and livelihood materials sent to some of the of the locals. Our concern led to impacted communities; even several advocacy visits to some of though it was not as expected. It is the refining operation sites; interesting to note that, ERA/FoEN sometimes with journalists and was part of the team that led the researchers. In July/ August we put Senate Committee on Environment together a special field report on and Ecology during the committee's bush refineries and dangers posed visit to some oil spill sites in Ogoni, to the people and environment.

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including Bodo, Goi and Ebubu on the negative impacts suffered by October 2nd, 2012. Together with communities and individuals. The ERA/FoEN, the committee visited legal team and communities had Total/Elf multiple gas eruption approached ERA/FoEN to request sites/impacted community and to for field materials such as video clips, JK4 [Joinkrama 4]. Subsequently, photos and reports to enable them town hall meetings were held at JK4 pursue the issues. It is anticipated and in Ogoni. that in the incoming year some of the cases will enjoy major spotlight A major feat we achieved in the year and spur other communities to take under review is the decision of nine their own destinies in their hands by law firms and two communities to seeking environmental justice. seek legal redress in connection with

02 annual report year of the great flood & accounts 2012 the UNEP report: one year after

A key issue that resonated While submitting the report to throughout the year under review is President Goodluck Jonathan, the lack-luster approach of the UNEP had recommended amongst Nigerian government to our others, the immediate provision of demands for clear-cut action in safe drinking water for the locals in respect of the degraded Ogoni the affected communities and the environment captured in a United setting aside of an initial $1 billion Nations Environment Programme restoration fund for remediation of the degraded environment. For the (UNEP) Assessment released on Ogoni community, Jonathan's August 4, 2011. receipt of the report and subsequent setting up of a special review The report which is a compendium committee to appraise the of more than three years of recommendations was a defining investigations, documented the moment in their quest for justice. extent of pollutions in Ogoniland where soils were observed to have Sadly, one year after the setting up of b e e n c o n t a m i n a t e d w i t h that committee nothing concrete hydrocarbons up to a depth of five emanated to indicate government's metres in 49 observed sites, while readiness to implement the UNEP benzene, a known cancer-causing report. chemical was found in drinking water at a level 900 times above For ERA/FoEN, the need to pressure World Health Organisation (WHO) the Nigerian government to acceptable levels. implement the recommendations of 02 annual report year of the great flood & accounts 2012

the UN agency formed the crux of a not as a result of the tendency of the national stakeholders' conference people for violence but because of held on August 4, 2012, to the locals have been denied their commemorate the one year livelihoods and a safe environment. anniversary. The conference, with the theme: The keynote address titled Unep Report And The Quest For Imperative of Ecological, Social and Ecological Justice In Ogoniland E c o n o m i c R e m e d i a t i o n o f had in attendance, represntatives of Ogoniland by Professor Richard Ogoni communities and other Steiner dwelt on the environmental communities in the Niger Delta, civil degradation in Ogoniland and society groups across Nigeria, the recommendations for remediation international community, members of the environment. of t h e N a t i o n a l A s s e m b l y, community campaigners, the Steiner said that when the UNEP academia, and the media among report was released in August 2011 others. he had noted that the findings Dr. Otive Igbuzor, executive director represented a valuable and detailed of African Center for Leadership, contribution to an ongoing who represented chair of the understanding of the severity of conference, Hon. Uche Onyeagucha, environmental damage caused by explained that the struggle for oil development in the Niger Delta. ecological justice, environmental degradation and stealing of resources in Nigeria dates back to colonial times.

Igbuzor said that struggles for ecological justice in Nigeria has however not been as violent as that of other nations like South Africa, even as he noted that the challenges of militancy in the Niger Delta was 02 annual report year of the great flood & accounts 2012

According to Steiner, the UNEP study Steiner explained that it was truly essentially confirmed, in a unfortunate and disappointing that, quantitative manner, what previous a year after the UNEP report was studies have already stated that issued, and six years after an original there is extensive and severe Niger Delta damage assessment and environmental and human health restoration report was issued, very little action has been taken by the damage from oil operations in the federal government of Nigeria, the Niger Delta, and that the companies, state governments, and the oil principally Shell, have not met industry. international best practice standards in their Nigeria operations. Describing the findings as 'tragic', he noted that the Niger Delta is the The professor opined that the UNEP most severely petroleum-impacted study does report some important ecosystem he had ever seen new findings like high hydrocarbon anywhere in the world even as he levels and acidity in rainwater, and added that, the extraordinary serious health impacts, among environmental and social damage others, but dwelt mostly on has continued for over 50 years, and quantitative confirmation of earlier continues to this day. studies and understanding of the issue. He insisted that, as has been said by many, Nigeria is an iconic example of Steiner explained that his critique the “oil curse,“ and that the human was also sent directly to UNEP at the health impacts detailed in the UNEP time. Regardless of my criticisms of report underscore the fact that the health of the people of the Niger the process, the UNEP report does Delta continues to suffer. Because of provide another element for the this, he suggested that the World basis with which the government of Health Organization (WHO) should Nigeria and the oil companies declare a health crisis in the Niger operating in Nigeria to act on this Delta, and set about to do what it can long-term disaster. to resolve the crisis.

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Steiner proposed a four-pronged Nigerian government on the UNEP plan to clean up the Ogoni report in spite of the UN agency's environment. They are: stopping recommendation of emergency future oil spills across the region, by actions when the report was insisting that the industry improve released. the condition of its oil infrastructure to best and safest available Bassey revealed that the Nigerian technology standards (as is required government, in a bid to evade the in Nigerian law). implementation of the UNEP report, h u r r i e d l y a n n o u n c e d t h e Second is the cleanup, to the establishment of a Hydrocarbon maximum extent possible, what has Pollution Restoration Project already been spilled (as is required in (HYPREP) on the eve of the one year Nigerian law). Third is restoration, to anniversary of the release of the the maximum extent possible, of the UNEP assessment. He however ecosystems and social/cultural noted that the Ogoni were not systems injured by the oil industry, in consulted nor informed on what particular oil spills (as is required in Nigerian law). HYPREP was all about.

A communique issued at the end of H e c o n c l u d e d w i t h a the meeting articulated the position recommendation for compensation of the participating groups thus: for the people of the Niger Delta in a fair and just manner, for the The Ogoni in collaboration with extraordinary injury caused by other Niger Delta communities continuous neglect by the oil and civil society approach the industry and government (as is United Nations to appoint a Niger required in Nigerian law) at least D e l t a Re c o n c i l i a t i o n a n d $10 billion USD initially. Restoration Commission with autonomy and authority to do so. ERA/FoEN Executive Director, The oil companies should be Nnimmo Bassey said it was required to contribute an initial unfortunate that stakeholders are amount of $100 billion to address meeting after one year of inaction on the issues. 02 annual report year of the great flood & accounts 2012

The HYPREP and other projects Civil society organizations that do not have input from the educate and strategize with the Ogoni community be abolished Ogoni community to ensure that a n d r e p l a c e d w i t h a n the Nigerian government internationally recognized implements the UNEP Report, cleanup body mutually agreed to without further delay; and by the communities. Both Chambers of the National Nigerian government forthwith Assembly (Senate and the House halts all forms of pollution in the of Representatives) also have Niger Delta, and enforces the important historic legislative deadline for the cessation of gas r o l e s t o d i s c h a r g e i n flaring. implementing the report;

02 annual report year of the great flood & accounts 2012

unending wait for effective pib

During the year, we embarked on Over 90 participants drawn from civil multipronged engagement of the society groups, community-based PIB process. In every step, we were organisations, legal experts, strong and resolute in canvassing for environmentalists and officials of the the quick passage of a PIB that will Federal Ministry of Environment guarantee environmental and local attended the meeting. The United livelihood protection. Nations Development Programme ( U N D P ) , C o u n t r y D i r e c t o r, Activities implemented included; Janthomas Hiemstra, also attended CSO Consultation on the PIB, Expert the consultation. Group Technical Meeting on the PIB and the publication of the book; In his welcome address, ERA/FoEN Engaging the Petroleum Industry Executive Director, Nnimmo Bassey Process: Lawmakers and CSO's said the meeting was to critically Comprehensive Checklist . analyze the draft PIB as submitted by the executive to the National The CSO Consultation on the PIB was Assembly on July 18, 2012. organize to conduct an independent review of the new PIB, identify He explained that the PIB ought to loopholes to be plugged before the be predicated on the premise that bill is passed, broaden civil society, the petroleum sector is highly community-based organisations polluting. The resources are non- and local communities acceptance renewable and are thus finite. It is of the Bill and, Identify and mitigate not a resource that will be available risks that could stall the Bill process. or useful in perpetuity. 02 annual report year of the great flood & accounts 2012

Baasey cautioned that the draft PIB corrupt practices of players in the as submitted does not come sector and their cohorts. This is the through as decisively focused on bedrock of the oil thefts that has stemming the tide of sharp become a national refrain. practices. It will amount to a lost opportunity if issues of transparency A team of experts who had and accountability are not conducted a review of the bill unambiguously outlined. The presented their findings and section (33) prescribing the powers recommendations to the meeting. to receive gifts should be eliminated. Seeking gifts smack of a lack of sense As a follow up to the CSO of ownership of the resources in the consultation on the PIB, an Expert first instance. It is also an open door Group Technical Meeting on the PIB for corrupt activities. was held October 11-12, 2012 at the Bolingo Hotel Abuja. Discretionary powers of the President to award petroleum leases The meeting was convened to should not be condoned by the PIB. incorporate suggestions and Such powers provide avenues for recommendations from local questionable practices that abort communities, the Civil Society (CSO) efforts at transparency and due Consultation on the PIB . process. Accordingly, Section 191 should be expunged outright. The consultation and the expert team came up with key areas of the He added that provisions for draft bill that needs revision. independently verifiable metering of extracted oil and gas should be Re-defining of Host Community: stipulated in the PIB. A situation The current version of the PIB where the State does not know defines host communities as actual daily volumes of extracted communities bearing oil facilities. crude oil and gas makes nonsense of However it was agreed that there is any talks of transparency and feeds need to go beyond this myopic view 02 annual report year of the great flood & accounts 2012

to also categorize communities that It was agreed that the management s u f f e r i m pa c t s u n d e r h o s t of the fund be a bottom-top communities. approach. Another point that was agreed on is that midstream Percentage of Community Host companies must also contribute to Fund: The current version of the PIB the fund since their operations also pegs the percent of the CHF to the impact on the environment. communities at 10 per cent of net Structure for community host fund profit from the companies. It was should be decentralized to ensure agreed that the percentage was local ownership and control. commendable though it could also be as high as the 20 per cent Remediation: recommended by some participants Polluter Pays Principle should be at the CSO Consultation. Another adopted but the polluter must not submission of CSOs is that the fund carry out the cleanup. The National must be gross profit. This was Environmental Standards and accepted by the expert review team. Regulations and Enforcement Agency (NESREA) or an independent Management of the Host institution should be tasked with the Community Fund: It was observed cleanup. Before clean-up is that Section 116-118 of the draft PIB recommended, an Environmental seems to be an introduction of the audit should be done to determine oil companies who also want to manage and control the fund. It was how much the polluter will be fined. t h e re f o re a g re e d t h a t t h e shortcomings in the status quo Enforcement: should be strengthened by setting Enforcement mechanisms have to up local institutional structure that be strengthened especially in regard will determine what projects to be to arrest of Chief Executive Officers embarked upon, what should be or their agents or lockup or done, how much will go to it and shutdown of the companies that who controls it. This stands against a pollute. Corporate criminal liability central control which the current should be instituted against such version of the PIB promotes. companies. 02 annual report year of the great flood & accounts 2012

There should also be a cross- Under the current draft of the PIB the reference on offences and Minister of Petroleum is vested with punishments in the PIB. In this power to appoint members of the regard, it was agreed that the board for the companies including provisions relating to offences in top echelon of the two companies. ERA/FoEN Environmental Protection However under the Companies and Bill be adopted. It was noted that Allied Matters Act (CAMA), Enforcement and Penalty must go companies are supposed to be together as this is not clear in the completely autonomous having draft PIB. It was agreed that there is separate legal personalities, distinct need for the establishment of a from their owners. As such, Petroleum Pollution Control and companies are supposed to have Management to balance all interests. their own shareholders, constitute In this wise, the National Oil Spills their own boards, elect or appoint Detection and Remediation Agency their own managing directors (either (NOSDRA) and the National executive or non-executive). Environmental Standards and Evidently, the PIB provisions in this Regulations Enforcement Agency regards are in conflict with, and (NESREA) should be involved and direct contravention of, the given prime roles. Companies and Allied Matters Act.

Gas Flare versus Penalties The consultations and the expert Once the law is passed there should team adopted the following be no more monetary penalties or recommendations among others: waiver on gas flaring. That, conflicting provisions in the PIB should be deleted outright. Conflicting provisions Alternatively, they should be The PIB proposes two companies to reworded or reworked in such a be established: One for gas and way that they should be in another for a petroleum assets conformity with CAMA to management company to replace guarantee the autonomy of the the Nigerian National Petroleum companies and assured the Corporation (NNPC). 02 annual report year of the great flood & accounts 2012

r e q u i r e d e f f i c i e n c y a n d P r o v i s i o n s r e l a t i n g t o effectiveness administrative staffing, positions That shareholding in the two and other internal matters should companies should be broadened be indicated uniformly and not to in such a way as to enable be duplicated so as to reduce the members of staff in the industry, volume of the law and to avoid consumers as well as CSOs in the unnecessary repetition. industr y to hold a given There is the need for a separate percentage of shares in the section on Environment in the bill. companies. A book “Engaging the Petroleum There should be provisions for Industry Bill Process: Lawmakers extensive use of information and CSO's Comprehensive technologies for purposes of Checklist” was published as information dissemination, outcome of the engagement .The transparency and accountability b o o k p r o v i d e s i n - d e p t h eg use of internet, websites, short understanding and provides a message service (sms) to request, comprehensive checklist for access or obtain information lawmakers, CSOs and stakeholder's without hindrance engagement that will engender There must be provision for informed positions towards the Annual Reports with special passing of the bill. It contains the emphasis on environmental summary of contributions by pollution that might have environmental experts, local occurred in the course of the communities and civil society operations of the companies or organisations and the report of the bodies and remedial measures or Expert Group Technical Meeting. The activities already embarked upon book was distributed widely to or to be initiated by the parliamentarians, media and other companies to protect the stakeholders. environment concerned which shall be verified by the c o m m u n i t i e s w h e r e t h e degradation occurred. 02 annual report year of the great flood & accounts 2012 seeking justice in polluters homelands

The year 2012 was a decisive year in the defendants Shell to sustain the the quest of ERA/FoEN to use plaintiffs claims and to debunk same litigation in securing environmental by the defendants. After this full day and livelihoods justice for the Niger trial, the court reserved judgment Delta. for the 30th day of January, 2013.

This was so because, for the first time The case commenced in 2008 with in the history of transnational all the preliminary processes cleared including the issue of jurisdiction litigation, a foreign company Shell being determined in favour of the faced full trial for her environmental Plaintiffs in February, 2010 that the destructive practices in Niger Delta court in the Hague has the communities. jurisdiction to hear the case.

For a case that has had so many The issue of lis pendens was equally obstacles and stumbling blocks determined in favour of the Plaintiffs against its full trial, history was made in December, 2010 that the case in when on the 11th day of October, the Hague is not the same as the one 2012, the District of the Hague, in Nigeria in the case of Elder Friday Netherlands between the hours of Akpan of Ikot Ada Udo. However, in 10:00am and 4:00pm, conducted a 2011, the application calling on Shell full trial and received evidence from to open their books for inspection by the team of lawyers representing the Plaintiffs was decided in favour both the community litigants and of the Defendants. 02 annual report year of the great flood & accounts 2012

The elated Niger Delta community arrangement between her the NNPC plaintiffs were in the open court in and other oil multinationals. In the the Hague with their lawyers course of exploration, production including the ERA/FoEN Head of a n d d i s t r i b u t i o n , s o m e Legal Resources. environmental destructive incidents occur. Some of these incidents arise To underscore the importance of the either as a result of poor facilities case, apart from the traditional allies, maintenance, lack of supervision - the Nigerian Community in and protection of facilities, third party interference and at times Netherlands, the Civil Society i n c i d e n t s b e y o n d h u m a n Organizations and the Media, the anticipation - generally termed as an team from Nigeria received "act of God" in law. solidarity from an unsuspected quarters - the Nigerian Embassy in Chief among these incidents is the the Hague which did not only send a incidence of oil spills. Oil spills key staff to attend the court sitting pollutes the environment, destroys but had the Ambassador and Head both farmland and pollutes water of Nigerian Mission to the courses. The direct consequence of Netherlands Dr. Mrs. Nimota Akanbi this is that the community folks of make out time to host the litigants, the Niger Delta region of Nigeria t h e i r N i g e r i a n L a w ye r a n d where most of these incidents occur, c o l l e a g u e s f r o m who are predominantly fishermen Milieudefensie/Friends of the Earth and farmers, loose their livelihoods Netherlands in her office! sources with the attendant problems of health, economic and social background to the case dislocation. Between 2004 and 2007 oil spill from

Shell facilities impacted various Most worrisome is the manner in communities and fisherfolks in the which Shell and other oil majors Niger Delta destroying their fish respond to the incidents of oil spills ponds and farmlands. Shell is the when they occur. Shell pipelines operator of the joint venture crisscross the entire Niger Delta 02 annual report year of the great flood & accounts 2012

region of Nigeria including the part of each of the three cases. communities of the Plaintiffs. Generally the principles, applicable arguments and laws are the same for Arising from several oil spill the three cases. The issue and the i n c i d e n t s i n t h e P l a i n t i f f s ' claims including suppor ting communities, the way Shell handled arguments are the same. The only those spills especially in terms of noticeable difference between them clean up and remediation of the lie mainly in the proof of cause of impacted sites and promises that spill. were not kept by Shell, the Plaintiffs claims in the suit plaintiffs seek with enlightenment and support from the dutch court the from ERA/FoEN and her sister following reliefs: organization Milieudefensie/FoEN (a) a declaratory judgment to the who is also a Plaintiff in the case, effect that Shell et al. committed decided to drag Shell to court in the tort against the Plaintiffs and are Hague, Netherlands to seek redress jointly and severally liable to them for the destruction of their farmlands for the damage that they suffered and fishponds by Shell oil spills of and will suffer in the future as a 2004 in Goi community, 2005 in result of these torts on the part of Oruma community and 2007 in Ikot Shell et al., which damage is to be Ada Udo community assessed by the court and to be settled in conformance with the The case was instituted in law, all this plus the statutory furtherance of environmental justice interest from the date of the concerns by civil society groups summons until the date of working in defense of community payment in full; rights. The case of the four Niger (b) A declaratory judgment to the Delta fishermen/farmers and effect that Shell et al. are liable for Milieudefensie Vs. Royal Dutch Shell the infringement of Plaintiffs and Shell Petroleum Development physical integrity by living in a Company Ltd are five cases rolled c o n t a m i n a t e d l i v i n g into three with Milieudefensie being environment; 02 annual report year of the great flood & accounts 2012

(c) A declaratory judgment that Shell unanimous clean-up declaration et al. committed tort against w i t h i n o n e m o n t h a f t e r Milieudefensie and are jointly and completion of the clean-up to be severally liable for the damage to prepared by a panel of three the environment near the villages experts, who will be appointed of Ikot Ada Udo, Goi and Oruma in within two weeks after the Nigeria as a result of these torts judgment and in which one on the part of Shell et al.; expert will be appointed by Shell (d) An order compelling Shell et al. to et al. collectively, one expert will commence bringing the wellhead be appointed by Milieudefensie near Ikot Ada Udo in Nigeria in et al. collectively and one expert conformance with today's will be appointed by the two standards for wellheads within experts appointed in this way, or two months after the judgment is at least within the terms to be served, or at least within a term to determined by the District Court be determined by the District and providing evidence of the Court, and to complete this work clean-up to be determined by the within three months after the District Court; commencement, or at least within (f) An order compelling Shell et al. to a term to be determined by the commence purification of the District Court; water sources in and near Ikot (e) An order compelling Shell et al. to Ada Udo, Goi and Oruma within commence the clean-up of the two weeks after the judgment is pollution caused by the oil spills rendered, and to complete this so that this will comply with the purification within one month i n t e r n a t i o n a l a n d l o c a l a f t e r c o m m e n c e m e n t , i n environmental standards within evidence of which Shell et al. will two weeks after the judgment is present Milieudefensie et al. with served, and to complete this a unanimous purification clean-up within one month after declaration within one month commencement, in evidence of a f t e r c o m p l e t i o n of t h e which Shell et al. will present purification to be prepared by a Milieudefensie et al. with a panel of three experts, who will be 02 annual report year of the great flood & accounts 2012

appointed within two weeks after District Court in the proper the judgment and in which one administration of justice) for each expert will be appointed by Shell instance in which Shell et al. et al. collectively, one expert will individually or jointly, act in be appointed by Milieudefensie breach of (as the District Court et al. collectively and one expert understands) the orders referred will be appointed by the two to in paragraphs IV, V, VI and/or experts appointed in this way, or VII above; at least within the terms to be (i) an order compelling Shell et al. determined by the District Court j o i n t l y a n d s e v e r a l l y t o and providing evidence of the compensate the extrajudicial purification to be determined by costs; the District Court; (ii) an order compelling Shell et al. (g) An order compelling Shell et al. to to pay the costs of these implement an adequate oil spill proceedings, or at least orders contingency plan in Nigeria and each party to pay its own costs. to ensure that all the conditions have been met for a timely and reliefs sought adequate response in the event Several options were canvassed that an oil spill near Ikot Ada Udo, during the pre-action notice leading Goi and Oruma occurs again; to the filling of the case. At the end, Milieudefensie et al. in any case the team of lawyers in the Hague and consider this to include making Nigeria agreed to streamlined sufficient materials and resources statement of claims thus: To “Hold available in order to limit the Shell liable for the oil spills in the damage of a potential oil spill to three communities of the Plaintiffs the extent possible in evidence of and order her to: which Shell et al. will provide Maintain her pipelines to overviews to Milieudefensie et al.; guarantee no more oil spills in the (h) An order compelling Shell et al. to future, pay Milieudefensie et al. a penalty Clean up the oil pollution in their of EUR 100,000.00 (or any other communities, and amount to be determined by the 02 annual report year of the great flood & accounts 2012

Pay adequate compensation to country court for trial her polluting the farmers for the damages spree in the Niger Delta and amidst suffered as a result of the spills. her legal protests, the court found it within her ambit to try them is outcome and consequences of already worthy of celebration. It the case (expected judgment) m e a n s t h a t t h e d a y s o f If the judgment is delivered on the environmental destructive impunity 30th day of January, 2013, it will are numbered. mean that the case had lasted for five years. Whichever way the The vistas of legal jurisprudence in judgment goes, one thing is sure - a international and transnational precedent has been set. If not for litigation have been further pried anything, that the all-powerful Shell open. Let the people begin to take has been dragged before her home advantage of this vista!

02 annual report year of the great flood & accounts 2012 gender light shines brighter

The year 2012 kicked off with a lot of It had in attendance representatives expectations as usual on the gender from FoE Ghana, Togo and desk. It was a challenging and also community members from Badagry, rewarding time, trying to ensure Lagos impacted by the WAGP justice and correct gender-based project, in particular, we had discriminations and impacts. representatives from Ajido, Imeke and Araromi communities in their world bank, our women Badagry, including Chief Temitope A major focus of our work during the Agemo, the Oba-elect of Araromi- y e a r h a s b e e n m o re of a Ale. continuation of our project on the Gender Impacts of the West African With the theme, 'Exposing the World Gas Pipelines and Chad Cameroon Bank's Complicity in Worsening the Oil Pipelines. Climatic Conditions of African Communities', the workshop Funded by Oxfam Novib, the project examined the negative impacts of has been coordinated in Africa the West African Gas Pipelines (Nigeria, Ghana, Togo and (WAGP) on communities in Nigeria, Cameroon) by ERA/FoEN and is the Ghana and Togo through which the brain child of Friends of the Earth pipelines traverse. The workshop International (Netherlands) and paid particular focus on the global Gender Action, USA. To that extent, financial body's interest in climate we secured a small grant from FoEI financing, as participants wondered; in March. With this we held a two- 'how can World Bank claim to be day workshop in Lagos in May. honestly keen on mitigating the 02 annual report year of the great flood & accounts 2012

impacts of climate change when it at Similarly, there were presentations the same time enthusiastically from Victoria ibezim-Ohaeri, finances projects such as the WAGP Executive Director of Spaces for which worsens climate change Change, on 'The Legal Options'. conditions in poor and defenseless Another was by Mrs. Sophia Mbanise, founder of Healing Hearts communities, when it impoverish Foundation, on 'the Wounded their lives by polluting their water Women'. bodies, forcefully annex lands, under-pay or refuses to pay Discussions and strategy sessions on compensation for lands taken the second day climaxed in a press among other oppressive measures? briefing with the FoE countries' One of the slogans at the workshop representatives and community was: "WE CAN'T BANK ON people fielding questions from journalists drawn from the electronic WORLD BANK To Save Our and print media. Campaign and Climate!” publicity materials were also distributed and the event enjoyed The workshop also witnessed wide media coverage. presentations and discussion sessions presided over by Barrister Chima Williams, Head, Legal Resources of ERA/FoEN of the NGO, Noble Wadzah of FoE Ghana and Kokou Elorm of FoE Togo. Betty Abah, Gender Focal Person, ERA and coordinator of the workshop also gave presentation on how women's In addition, we paid visits to the health, livelihoods etc in all the communities in Badagry and carried impacted countries were affected, out media publicity following the having been to several of them and recent claims by WAPCO that it had discovered that 'it is the same sad spent Four million dollars on WAGP story, the same story of socio- communities, a claim which is a economic dislocation and broken bogus lie. ERA/FoEN issued a press promises.’ statement condemning the claims. 02 annual report year of the great flood & accounts 2012

mobilizing for makoko women and children We were also par t of the Also in August, we held a workshop mobilization for a protest to resist in Abuja in collaboration with the the illegal demolition and forceful UNDP on the UNEP Report on eviction of Makoko, a coastline slum, Ogoni. Considering the gender by the Lagos State government in impacts of the crisis and proposed July. Our report of the plight of the mitigation strategy was one of the people, particularly women and topics treated. It was a deliberate children, brought about several measure by the organisation to international media coverage and e n s u r e g e n d e r b a l a n c e / c o n s e q u e n t a t t e n t i o n . W e sensitiveness in all its campaigns. distributed relief materials to communities in Makoko affected In its field works, office/staff especially for new born babies, p l a c e m e n t a n d g i v i n g o f nursing mothers and school responsibilities, ERA/FoEN has children. The consultation and relief continued to be gender-sensitive materials were well received by the and continue to retain the “Green” in communities. terms of the Gender Traffic it earned earlier with Oxfam Novib.

a helping hand amidst the floods

Following the historic flood which ravaged several states in the country, infusing gender-sensitiveness in we suggested and coordinated relief ERA/FoEN works efforts for two communities in In August 2012, we organised a Bayelsa State which were some of workshop on Communications for the worst hit. Ikarama and Kalaba its key staff and, 'Communicating where whom we have worked for Gender Mainstreaming' was one of several years, were the beneficiary the topics treated communities. 02 annual report year of the great flood & accounts 2012

reward for community women leader In November, ERA/FoEN held its effect several changes in her N a t i o n a l E n v i r o n m e n t a l community. That was significant for Consultation (NEC), its biggest the organisation because her work annual event. Honoured at the was an offshoot of the organisation’s conference with the 2012 Che Gender Mainstreaming and Women Ibegwura Award for Community Trajectory Leadership project started Mobilization was Mrs. Ayubakuro in 2009. It is indicative of the Warder, the women leader from i m p o r t a n c e w e p l a c e s o n Ikarama in Bayelsa State alongside women/gender balance and also her husband Chie Raphael Warder. It about the impact of the work which was in recognition of her works in now, more than ever before, rallying women in her community, emphasises on carrying alongside sensitising others on gender justice, the 'gender lenses'.

02 annual report year of the great flood & accounts 2012 training more environmental watchdogs

In the year under review ERA/FoEN with 14 journalists from both print engagement with the media to bring and electronic media organisations environmental issues to the fore was from Calabar and Akwa Ibom in intensified. The seventh edition of attendance. Like previous trainings, the annual training on reporting the the seventh edition focused on sharing knowledge about local, environment funded by VIKES, the national and global environmental Finnish Foundation for Media issues; examining challenges facing Communication and Development environmental reporting and how to was organised. i m p r o v e i t , a n d e x p l o r i n g opportunities to strengthen the The year under review also birthed Journalists Network for the the first VIKES-funded investigative Environment (JNE), among others. environmental reporting training which was targeted at a smaller The facilitators were: a university number of journalists picked from lecturer, a constitutional lawyer, a entries sent in from across the gender specialist, an expert on forest country to be coached on basic steps management, and an environmental in investigative reporting. The activist. In his welcome remarks, conventional training on reporting ERA/FoEN Head of Media, Philip the environment held at the Axari Jakpor said that the training in Hotel, Calabar from 10-13 April 2012 Calabar was necessitated by the fact 02 annual report year of the great flood & accounts 2012

that the state had peculiar forest change put at 3.12 per cent environmental issues, especially annually, even as he added that the forest management challenges and loss of forest cover were due mainly the controversy surrounding the to logging, timber expor t, choice of forests in Calabar for the subsistence agriculture and the collection of wood for fuel. Reduction of Emission from Deforestation and Degradation A conservationist, Odeh Oyama, in (REDD) project by the promoters of his presentation entitled “Forests the initiative. Challenges in Nigeria A case study of Cross Rivers State” started by S p e a k i n g o n N i g e r i a ' s asking participants to define what a E n v i r o n m e n t a l C h a l l e n g e s , forest is. The responses were ERA/FoEN's Executive Director, inadequate, necessitating his Nnimmo Bassey, identified key intervention by defining a forest as a environmental issues across the complex and dynamic community of Nigerian federation that require living organisms and non-living exhaustive reports and collaborative things constantly interacting with efforts at tackling. They include themselves and usually dominated erosion (gully and coastal), by trees. desertification and drought in northern Nigeria, deforestation due Oyama who is also Executive to unsustainable logging and Director of Rainforest Research and Development Centre (RRDC) plantation expansion leading to Calabar, explained that a forest is s e r i o u s e n v i r o n m e n t a l constituted by varied species of consequences, gas flaring, bitumen plants and animals, millions yet extraction, and the threat to food unknown to science; and serve sovereignty posed by genetically useful purposes to man: medically, modified organisms, among others. environmentally, politically, economically, culturally and socially. On forest management issues, They are generally said to provide Bassey revealed that between 2000 life support systems and contribute and 2005 Nigeria lost 55.7 per cent immensely to the fight against 02 of its primary forests with the rate of climate change. annual report year of the great flood & accounts 2012

He however disclosed that l o c a l p o p u l a t i o n s w e r e uncontrolled logging operations to unsustainable. He however insisted meet national and international that over the years the reserves still markets, extensive forms of land use faced serious threats which practiced by the increasing local ultimately prompted the creation of populations, as well as large-scale the National Park. He concluded industrial plantation development h o we ve r t h a t t h e g re a te s t are major factors responsible for challenges to the forest in Cross deforestation and other fallouts of River are commercial logging loss of trees in Cross River State. activities, agricultural development a n d p r e s s u r e f r o m u r b a n According to him, Nigeria now has development and other human below 9.6 million hectares of forest settlements. reserves as against 60 million hectares of forests and woodlands Other topics treated were: credited to the country in 1887. He Environmental Laws in Nigeria, revealed nevertheless that Cross Reporting the Environment, Gender River State still hosts the largest and the Environment, Journalist and remaining area of tropical high the Right to Know and REDD: The forest in Nigeria, representing about emerging black gold 31 per cent of the total area of tropical high forest in the country. …training on investigative This, he said, represents a total environmental reporting forests cover area of 21,265square T h e i n a u g u r a l t r a i n i n g o n kilometer. investigative environmental reporting for Nigerian journalists He went on to intimate the held at the Grand Montecito Hotel participants that the creation of Port Harcourt from 1-3 October Forest Reserves was initiated during 2012. Journalists that participated in the Colonial era to control the use of the two-day event were selected by a forests through natural forest panel that scrutinized their entries management. Before then, forestry and adjudged their planned and land-use practices adopted by 02 annual report year of the great flood & accounts 2012

investigation as worthy of the two- day coaching exercise. The journalists were from both print and electronic media organisations in Enugu, Lagos, Delta States and Abuja, the federal capital territory. Adelaja of SciencePlus and The resource persons included Omafume Amurun of Urhobo Times environmental exper ts who were adjudged tops in their examined challenges facing presentation of investigative stories. investigative environmental Abiodun Ozurumba of Voice of reporting in Nigeria and strategies Nigeria Enugu and Ben Ezeamalu for improving data gathering among also made good efforts and were journalists. Topics discussed were: commended for their entries. Nigeria's Environmental Reportage Gaps presented by Nnimmo Bassey, Adamu is to investigate the Rido Fundamentals of Investigative Waste Dump Imbroglio in Kaduna Journalism by Wale Fatade, and State while Abiose Adelaja of Investigative Journalism in Finland SciencePlus, Lagos is to investigate Sharing Experiences discussed by Abandoned ships in Lekki and Alpha Timo Sipola, a Finnish journalist. Beach in Lagos. Omafume Amurun of Urhobo Times, Delta State will At the end of the training, three investigate the Jesse pipeline fire journalists: Adamu Musa of incident 16 years after, and Blueprint Newspaper, Abuja, Abiose unfulfilled promises.

02 annual report year of the great flood & accounts 2012

rally for food security and economic justice

In 2012, our work revolved around Conference, in Accra, Ghana. That Genetically Modified Organisms conference called on African ( G M O s ) , l a n d r i g h t s a n d governments to use biotechnology agribusiness (link with Economic to provide “poor farmers with Justice Resisting Neoliberalism healthier, more bountiful crops to program), Climate and Agriculture reduce hunger and poverty in as well as agrofuels. We carried out a Africa". The high profile conference number of advocacy campaigns with the theme “Africa In Search of which yielded results at various Safe and High Quality Biotech levels though the battle for a Crops” was attended by experts in healthy, just and sustainable planet biotechnology from around the continues. world.

ERA/FoEN rolled out into the year As part of our overall strategy, we with the “Africa Must Not Use issued press statements that Biotechnology in Food Production,” galvanized our opposition to campaign . The campaign is to resist biotech corporations take over of and respond to the propaganda of African food. Our press releases the biotech corporations that GMOs were widely used in International, is the solution to feeding the national and local media and they continent. went a long way in debunking the

In 2011, biotech giants had put myths of the industry. We had many together the first Pan African groups from all over the world Biotechnology Stewardship endorsing our petition. 02 annual report year of the great flood & accounts 2012

Besides, ERA/FOEN actively to exchange and prepare civil p a r t i c i p a t e d i n a h u g e society strategies for the region demonstration organised in January against the onslaught of gene by BUND/FoE Germany. We were giants. In addition, it also gave us the there to show our support and platform to draw the attention of governments to focus special solidarity with activists, CSOs, attention on the capacity and needs Farmers, Consumers, Environmental of small-scale farmers, especially Movement, Youth groups and women and also to promote Unions, who were fighting against ecological agriculture. agribusiness, factory farms, GMOs and export dumping. We also used the workshop to strengthen our relationship with the In march, ERA/FoEN organized a African Biosafety Network, African two-day Bio-safety regulations and Centre for Biosafety, Third World experience sharing workshop. It was Network and build new ties with in collaboration with the African EcoNexus. Biodiversity Network (ABN), African Centre for Biosafety, EcoNexus and In addition, ERA/FoEN in the Third World Network. collaboration with Smiles Network International initiative organized an I n a t t e n d a n c e w e r e Awareness and Sensitization e n v i ro n m e n t a l i s t s , f a r m e r s , Workshop for Secondary Students, at Anglican Girls Grammar School, biosafety and policy experts, CSOs, Abuja in November. There were the academia and activists from over 150 students from five Nigeria, South Africa, Kenya, the secondary schools from the Federal Philippines and the United Kingdom. Capital Territory (FCT). Also present were teachers from the participating Participants shared experiences and schools, coordinators of Smile brainstormed on Genetically Initiative, representative from the Modified Organisms (GMOs). The Presidency and the Ministry of workshop was an excellent platform Environment.

02 annual report year of the great flood & accounts 2012

grassroots on alert for forest protection

We continued our mobilization of Our aversion to the REDD scheme is local communities to resist policies hinged on the fact that Cross River and practices that degrade our holds the largest share of rainforest forests and spur conflicts. We also in Nigeria which supports the re-invigorated the empowerment of livelihoods of the local communities. communities opposed to the United The forest area targeted for the Nations Reducing Emission from REDD scheme in the state is put at nearly one million hectares of D e f o r e s t a t i o n a n d F o r e s t landmass across three forest blocks Degradation (REDD) Scheme for a n d 2 0 f o r e s t - d e p e n d e n t which Cross River State in the Niger communities of about 120,000 Delta was picked as pilot destination people. for a kick-start in Nigeria.

While the Nigerian government In addition, we expanded our seems not to understand the campaign for conservation of fallacies around the REDD scheme, pristine forests beyond the Niger the communities and forest- Delta to Ekiti State in Southwest dependent poor who were once Nigeria where massive logging has brainwashed into believing REDD decimated forests in several would add value to their lives and communities and now threatens the environment are beginning to see peaceful cohabitation of the locals that the scheme is designed to and loggers working for charcoal impoverish their lives and eject them merchants. from their ancestral lands.

02 annual report year of the great flood & accounts 2012

E R A / F o E N 's i n i t i a t i v e , t h e grabs by government, corporations Community Forest Watch raised the and individuals motivated by a bar in the campaign against REDD by desire to take advantage of REDD's organizing several capacity-building so-called forest-based carbon programmes in the identified credits, without consultation with communities with the aim of local forest users. empowering the locals to assert their rights. The meetings also Community folks fear wide abuse as targeted building resistance to the there are chances that criminal scheme and encouraging them not minds will take advantage of the to succumb to the intimidations and REDD schemes to make money only oppressions of REDD promoters and for private pockets, without contractors. REDD continues to modalities in place to check who explicitly value carbon storage engages it, or who the final above the improvement of forest beneficiaries of the fund would be. conditions and livelihoods. We reinforced our arguments by Our advocacy activities were carried pointing to the government and out in Ekuri, Buanchor, Afi, Etara, promoters of REDD that the highest Eyenyeng, Kanyang, Edondon, contributor to climate change in Okokori, and Akwa Esuk. We also Nigeria is gas flaring from oil took the campaign to Esuk Aye, exploration and extraction activities. Nkong Nkok Anie, Owai and Closely trailing behind the extractive Mfaminyin. We organised a protest industry is unsustainable logging match along communities and major which has engendered massive streets of Calabar city centre with deforestation. placards of different inscriptions to register our disapproval to the REDD We made it clear that we are not agenda. against forest conservation, but against its inclusion in carbon community fears markets. In all the meetings U n d e r t h e R E D D s c h e m e , organised we made the following plantations will be considered as demands: forests and this will in turn spur land 02 annual report year of the great flood & accounts 2012

enter ekiti state REDD must be out of Carbon We did not however confine our Markets. environmental monitoring and EIA must be conducted on all mobilization of community folks to ongoing and future REDD communities slated for REDD. The projects. massive deforestation in Ekiti State, L a n d re f o r m s s h o u l d b e south west Nigeria also caught our encouraged in areas with weak attention in 2012 as we visited two forest governance especially in communities Irele and Oke Ako in Nigeria where the Land Use Act Ikole Local Government of Ekiti has created too many setbacks. State, and Ogbe community in Any fund whatsoever should be Yagba Local Government Area of directly channeled to community Kogi State in response to complaints people -the best custodians of from the community folks about the forests to promote community systematic decimation of their forest forest management practices and and its resources by loggers. methods. Though Ogbe is in Kogi State, it is Plantations should never be geographically situated close to Irele classified as forests. and Oke Ako and the three share a common language, similar culture and common livelihood - farming and hunting.

When ERA/FoEN monitors visited the three communities for documentation of impacts of logging on the environment and people, community folks spoke with n o s t a l g i a a b o u t w h a t t h e communities used to be like. They talked of thick forests and a variety of indigenous tree species, wild animals and the fact that forest resources provided them food, 02 annual report year of the great flood & accounts 2012

abundant fruits, and herbs for W e s u g g e s t a t w o - y e a r medicinal needs among others. All moratorium on logging these have been depleted over time The initiation of a comprehensive due to the cutting down of the trees afforestation programme to for charcoal business, unsustainable replace degraded forests in Oke logging practices as well as Ako, Irele, Itapaji and Iyemero indiscriminate bush/forest fires. a m o n g o t h e r i m p a c t e d Our field monitoring activities in communities in Ekiti State concert with the locals showed that An enlightenment and awareness aside logging activities, forest fires campaign on radio and television are now a regular feature in the and other useful medium to forests. discourage unsustainable logging practices and promotion After site visits and several town hall of sustainable practices meetings with key representatives of Initiation of alternative means of the communities it was agreed by livelihood for the loggers the community folks that there was Initiation of dialogue between the need to petition the state g o v e r n m e n t , i m p a c t e d government. The petition was jointly communities and other critical signed by several community-based stakeholders on sustainable organisations including Peace and forest management practices Development Project (PEDEP) Initiation of laws prohibiting the Centre for Community Development indiscriminate cutting do a n d C o n f l i c t M a n a g e m e n t (CEDCOM), the Centre for Dignity ( C D ) . T h e f o l l o w i n g recommendations were made:

The immediate intervention of the Ekiti State government to halt indiscriminate cutting down of trees for charcoal production and o t h e r u s e s t h a t a re n o t 02 sustainable. annual report year of the great flood & accounts 2012

financial reports summary of income and expenditure account year ended 31 december, 2012 2012 2011 $ N $ N INCOME

OXFAM NOVIB 255,899 40,176,093 272,143 41,910,000 NNV-OILWATCH NIGERIA 204,265 32,069,582 200,129 30,819,831 NNV-OIL WATCH AFRICA 191,486 30,063,289 144,181 22,203,896 NNV-CLEAN ENERGY 73,308 11,509,390 NED 22,103 3,470,107 15,428 2,375,880 FoE, INT'L 40,776 6,401,884 547,635 84,335,768 ATCRI - - OTHER FUNDERS 546,046 85,729,299 372,802 57,411,532

1,333,883 209,419,644 1,552,318 239,056,907

EXPENDITURE

Contact with host communities - 9,234 1,422,036 Community exchange 9,409 1,477,176 18,766 2,889,999 Engagement with ECOWAS 4,213 661,440 Participation in national/ 21,580 3,388,096 international processes Lobbying/ Networking 39,349 6,177,723 26,665 4,106,460 Link with SADC 3,507 550,600 Conference/ workshop 63,065 9,901,250 113,013 17,403,938 Trainings 145,924 22,910,094 94,987 14,627,924 Relief materials 9,847 1,546,000 Media Reports - 1,477 227,458 Newsletters Publishing 11,117 3,247 1,745,380 500,038 02 annual report year of the great flood & accounts 2012

expenditure contd.

Rent 15,691 2,463,550 21,689 3,340,088 Power Supply - 9,831 1,513,974 Evaluation 13,376 2,100,000 36,102 5,559,634 Communication & Postage 1,347 211,510 9,009 1,387,370 Research, Documentation & Report 28,399 4,458,591 91,260 14,054,100 Project Support 82,470 12,947,786 16,745 2,578,750 Report writing/ policy briefs 12,275 1,927,100 11,498 1,770,750 Administration - 8,084 1,245,000 Mentoring/ Accountability 7,887 1,238,250 Support development of energy plans 3,500 549,516 Community education programme - 5,114 787,500 Compliance with good legislations 4,100 643,700 Oilwatch meetings 35,238 5,532,315 Package & Labelling - 3,117 480,000 TV/ Radio Programmes - 3,694 568,876 Field Monitoring/ trips 7,354 1,154,560 12,617 1,942,987 Audit & Administration 3,185 500,000 9,865 1,519,194 Media Outreach 3,507 550,600 2,435 375,000 Meetings 59,756 9,381,750 33,185 5,110,462 Consultations 59,753 9,381,190 1,624 250,050 Monitoring & Co-ordination 20,000 3,140,000 42,053 6,476,174 Establishment of focal points 6,524 1,024,297 Consultancy/Backstopping - 49,674 7,649,745 Campaign & Mobilization 45,374 7,123,785 49,059 7,555,120 Publication & Publicity 71,232 11,183,468 18,996 2,925,393 Support for litigation 72,544 11,389,390 Data Collation - - 6,890 1,061,000 Operation Cost - - 123,050 18,949,650 02 annual report year of the great flood & accounts 2012

expenditure contd.

Equipment & Supplies 36,757 5,770,851 35,669 5,492,984 Remuneration 247,853 38,912,913 454,801 70,039,344 Green Phone 1,274 200,000 1,299 200,096 Environmental Parliament 12,739 2,000,000 6,494 1,000,064 Bill Process 21,656 3,400,000 18,683 2,877,182 Legal Aid Prolegislation 12,739 2,000,000 19,480 2,999,984 Bank Charges 4,206 660,337 2,322 357,660 Field Monitoring Trainings 11,262 1,768,094 7,203 1,109,262 Honorarium 5,432 852,800 7,792 1,200,000 Other Costs 14,031 2,202,894 45,509 7,008,330 Travel & Per Diem 15,103 2,371,228 125,508 19,328,209 Accomodation & Feeding 43,941 6,898,795 73,490 11,317,426 Travels, Administration & Logistics 94,440 14,827,019 93,438 14,389,404 Publishing of Book 8,768 1,376,500 7,592 1,169,157 Capacity Building 29,752 4,671,111 23,236 3,578,363 Depreciation 16,151 2,535,735 15,026 2,313,983

1,437,627 225,707,393 1,770,521 272,660,118

Excess of income over expenditure (103,744) (16,287,749) (218,204) (33,603,211)

Conversion rate $1 = N157

02 e ra ct io n @ e ra ct io n .o rg

w w w .e ra ct io n .o rg

“All peoples shall have the right to (a) generally satisfactory environment favourable to their development”

-Ariticle 24, African Charter on Human and People’s Rights