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Petroleum, Pollution and Poverty in the Niger Delta

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Petroleum, Pollution and Poverty in the Niger Delta NIGERIA: PETROLEUM, POLLUTION AND POVERTY IN THE NIGER DELTA Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion – funded mainly by our membership and public donations. Amnesty International Publications First published in 2009 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org © Amnesty International Publications 2009 Front cover photo : The impact of oil pollution in Ikot Ada Index: AFR 44/017/2009 Udo, Akwa Ibom State, Niger Delta, Nigeria, 30 January Original language: English 2008. © Kadir van Lohuizen Printed by Amnesty International, Back cover photos from top : Oil at Ikarama, Bayelsa International Secretariat, United Kingdom State, March 2008, eight months after the spill. There are often long delays in clearing up after oil spills in the All rights reserved. This publication is copyright, but Niger Delta. © Amnesty International; The effects of an may be reproduced by any method without fee for oil spill on water near the community of Goi, Ogoniland, advocacy, campaigning and teaching purposes, but not January 2008. The spill occurred six months earlier in for resale. The copyright holders request that all such use July 2007. © Kadir van Lohuizen; A gas flare at Ughelli be registered with them for impact assessment purposes. West, Delta State, January 2008. These flares have long For copying in any other circumstances, or for re-use in been recognized as harmful to the environment. More other publications, or for translation or adaptation, prior recently, communities and NGOs have raised concerns written permission must be obtained from the publishers, about the impact of gas flaring on human health. © Kadir and a fee may be payable. van Lohuizen CONTENTS Section I......................................................................................................................7 1. Introduction...................................................................................................................................................... 7 1.1. Background............................................................................................................................................ 9 1.2. The oil industry in the niger delta ........................................................................................................ 11 1.3. Pollution and human rights ................................................................................................................. 12 2. Pollution and environmental damage in the niger delta................................................................................ 14 2.1. Oil spills............................................................................................................................................... 14 2.2. Disposal of waste................................................................................................................................. 17 2.3. Gas flaring ........................................................................................................................................... 18 2.4. Seismic surveys and the construction of roads and pipelines ............................................................. 18 2.5. Dredging .............................................................................................................................................. 19 2.6. Inadequate clean up prolongs problems.............................................................................................. 19 2.7. Cumulative impact............................................................................................................................... 20 Section II...................................................................................................................................................................... 21 3. The human rights impacts of oil pollution ..................................................................................................... 21 3.1. Pollution of water bodies...................................................................................................................... 25 3.2. Damage to fisheries............................................................................................................................. 26 3.3. Damage to farms and natural resources ............................................................................................. 30 3.4. The right to food................................................................................................................................... 32 3.5. The rights to work and to an adequate standard of living ................................................................... 34 3.6. The right to health and the right to a healthy environment ................................................................. 34 4. Evading responsibility.................................................................................................................................... 39 4.1. The state’s duty to protect ................................................................................................................... 39 4.2. The absentee government: failure to protect rights .............................................................................40 4.3. Corporate responsibility ....................................................................................................................... 56 Section III..................................................................................................................................................................... 64 5. Access to justice and the right to remedy ...................................................................................................... 64 5.1. Clean up of oil spills ............................................................................................................................ 65 5.2. Remediation......................................................................................................................................... 68 5.3. Financial compensation....................................................................................................................... 70 5.4. Court actions........................................................................................................................................ 74 5.5. Other aspects of remedy ...................................................................................................................... 78 6. Conclusions.................................................................................................................................................... 79 7. Recommendations.......................................................................................................................................... 82 7.1. To the President and the National Assembly......................................................................................... 82 7.2. To the National Assembly...................................................................................................................... 84 7.3. To companies ........................................................................................................................................ 84 7.4 . To governments of home states ............................................................................................................ 86 ENDNOTES.................................................................................................................................................................... 87 Appendix 1 .................................................................................................................................................................109 Appendix 2 .................................................................................................................................................................119 Appendix 3 .................................................................................................................................................................122 Appendix 4 .................................................................................................................................................................139 4 Petroleum, pollution and poverty in the Niger Delta KEN SARO-WIWA AND THE OGONI STRUGGLE FOR JUSTICE Writer and human rights campaigner Ken Saro-Wiwa was executed, along with eight other members of the Ogoni people, by the Nigerian State in 1995. The executions alerted the world to the devastating impact of the oil industry in the Niger Delta, including how the environmental damage caused by the oil industry was damaging the health and livelihoods of the Ogoni people. Ken Saro-Wiwa was a leading figure in the 500,000-strong Ogoni community in Rivers State and played a key role in drafting the 1990 Ogoni Bill of Rights, which highlighted the lack of political representation, pipe-borne water, electricity, job opportunities and federal development projects for communities in the area. He
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